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CERTiFiCATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
<br />RESPONSIBILJTY MATTERS; AND DRUG-FREE WORKPLACE REQUIRE]~ENTS
<br />
<br />Applicants shoufd refer to the regulations cited below to determine the certification to which they are required to attest. Agplioants should also
<br />review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance
<br />with certification requirements under 34 CFR Part 82. 'New Restrictions on Lobbying" and 34 CFR Part 85, *Government-wide Debarment anc~
<br />Suspension (Nonprocuremant) and Government-wide Requirements for ~)rug-Free Workplace (Grants).' The certifications shall be treated as
<br />a matedal representation of fact upon which reliance will be placed when the Department of Energy determines to award the COverea
<br />transaction, grant, or cooeerat~ve aqreement. ,
<br />
<br />1. LOBBYING
<br />
<br />The undersigned certifies, to the beat of his or her knowledge and
<br />belief, that:
<br />
<br />(1)
<br />
<br />No Federal appropriated funds have been paid or will be paid by
<br />or on behalf of the underaigned, to any person for influencing or
<br />attempting to influence an officer or employee of any agency, a
<br />Memeer of Congress, an officer or empJoyee of Congre_-~-~, or an
<br />employee of a Member of Congress in connection with the
<br />'awarding of any Federal contract, the making of any Fecleral
<br />grant, the making of any Federal lean, the entedng into of any
<br />cooperative agreement, and the extension, continuation, renewal,
<br />amendment, or medifice~en of any Federal contract, grant, loan,
<br />or cooperative grant.
<br />
<br />(2)
<br />
<br />If any funds other than Federal appropriated funds have been paid
<br />or will be paid to any person for influencing or attempting to
<br />influence an offi~ or employee of any agency, a Member of
<br />Congress. an officer of employee of Congress, or an employee of
<br />a Member of Congress in connection with this Federal contract,
<br />grant, loan, or cooperative agreement` the undersigned shall
<br />complete and submit Standard Form-I L[. 'Disclosure Form to
<br />Report Lobbying,* in accordance with its instruchons.
<br />
<br />(3)
<br />
<br />The undersigned shall require that the language of this
<br />certification be included in the awar~ documents for all subawan:Js
<br />at all tiers (including subcontracts, subgrants, and contracts under
<br />grants, loans, and cooperative agreements) and that all
<br />subrecipients shall certify and disclose accordingly.
<br />
<br />This ce~t~cation is a mater~al rapresentation of fact upon whish
<br />reliance was placed when this transaction was made or entered into.
<br />Submission of this certification is a prerequisite for making or entering
<br />into this transaction imposed by semen 1352, title 31, U.S. Code. Any
<br />person who fails to file the required certification shall be subject to a
<br />civil penalty of not less than S10,000 for each such failure.
<br />
<br />2. · DEBARMENT, SUSPENSION, AND OTHER RE-
<br />SPONSIBILITY MATI'ERS
<br />
<br />(1) The prospective pdmary participant certifies to the best of its
<br /> knowledge and belief, that it and its principals:
<br />
<br />(a)
<br />
<br />Are not pmssntly deban'ed, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily exctuded from
<br />covered transactions by any Federal department or agency;
<br />
<br />(b)
<br />
<br />Have not within a three.year pedod receding this proposal
<br />been convicted of or had a civil judgment rendered against
<br />them for commission of fraud or a c~-b~,inal offense in
<br />connection with obtaining, attempting to obtain, or performing
<br />a public (Federal. State, or local) l~ansa~on under a public
<br />l~anssction; violation of Federal or State antitrust statutes or
<br />commission of embezzlement, theft, forgery, bribery,
<br />falsification or destruction of records, making false
<br />statements, or receiving stolen propeny.
<br />
<br />(c)
<br />
<br />Are not presently indictea for or othe~vlse unmtnally or
<br />dvilly charged by a government entity (Federal, State or
<br />local) with commission of any of the offenses enumerama
<br />in paragraph (I)(b) of this certification; and
<br />
<br />(d)
<br />
<br />Have not within a three-year period preceding ~
<br />application/proposal had one or more public transsc~ons
<br />(Federal, State or local) terminated for cause or defaulL
<br />
<br />(2) Where the prospe~:~ve primary participant is unable to certify to
<br />any of the statements in this certification, such pmspectNe
<br />pa~cipant shall attach an explanation to this proposal.
<br />
<br />3. DRUG-FREE WORKPLACE
<br />
<br />This certification is required by the Drug-Free Workplace Act cf
<br />1988 (Pub. L 100-690, T'~e V, Subtitle D) and is implementea
<br />through additions to the C)ebarment and Suspension regulations.
<br />published in the Federal Reqister on January 31, 1989. and May
<br />25, 1990.
<br />
<br />AL TERNA TEI
<br />(GRANTEES OTHER THAN INDIVIDUALS)
<br />
<br />(1) The grantee certifies that it will or will continue to provide a
<br /> drug-free workplace by::
<br />
<br />(a)
<br />
<br />Publishing a statement notifying employees that the
<br />unlawful manufacture, distribution, dispensing, pOssession,
<br />or use of a controlled substance is prohibited in the
<br />grantee's workplace and specifying the actions that will be
<br />taken against employees for violation of such prohibition;
<br />
<br />(b) Establishing an ongoing drug-free awareness program to
<br /> inform employees about:
<br />
<br />(1) The dangers of drug abuse in the workplace;
<br />
<br />(2) The grantee's policy of maintaining a drug-free
<br /> workplace;
<br />
<br />(3) Any available drug counseling, rahabifitation, and
<br /> employee assistance programs; and
<br />
<br />(4) the penalties that may be imposed upon employees for
<br /> drag abuse violations occumng in the wolt¢placo;
<br />
<br />Making it a requirement that each employee to be engaged
<br />in the performance of the grant be given a copy of the
<br />statement required by paragraph d(a);
<br />
<br />(d)
<br />
<br />Notifying the employee in the statement rmluired by
<br />paragraph (a) that. ss a condition of employment under the
<br />grant, the employee will:
<br />
<br />(1) Abide by the terms of the statement; and
<br />
<br />(2) Notify the employer in writing of his or her conviction
<br /> for a violation of a chminat drug state ocourdng in the
<br /> work-place not later than five calendar days at, er such
<br /> conviction.
<br />
<br />
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