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<br />SECTION 158: CERTIFICATIONS
<br />
<br />...
<br />
<br />Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Coordination with
<br />Affected Agencies.
<br />
<br />Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to
<br />seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for
<br />certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form
<br />complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Nonprocurement
<br />Debarment and Suspension" 28 CFR Part 83 Government-Wide Requirements for Drug-Free Workplace (Grants)," and the coordination
<br />requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material
<br />representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant.
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<br />I. Lobbying
<br />As required by Section 1352, Title 31 of the U.S. Code, and
<br />implemented at 28 CFR Part 69, for persons entering into a grant or
<br />cooperative agreement over $100,000, as defined at 28 CFR Part 69,
<br />the applicant certifies that:
<br />A. No federal appropriated funds have been paid or will be paid, by
<br />or on behalf of the undersigned, to any person for influencing or
<br />attempting to influence an officer or employee of any agency, a
<br />member of Congress, an officer or employee of Congress, or an
<br />employee of a member of Congress in connection with the making
<br />of any federal grant; the entering into of any cooperative
<br />agreement; and the extension, continuation, renewal, amendment or
<br />modification of any federal grant or cooperative agreement;
<br />B. 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 officer or employee of any agency, a member of
<br />Congress, an officer or employee of Congress, or an employee of a
<br />member of Congress in connection with this federal grant or
<br />cooperative agreement, the undersigned shall complete and submit
<br />Standard Form - LLL, "Disclosure of Lobbying Activities," in
<br />accordance with its instructions; and
<br />C. The undersigned shall require that the language of this
<br />certification be included in the award documents for all subawards at
<br />all tiers (including sub grants, contracts under grants and cooperative
<br />agreements, and subcontracts) and that all sub-recipients shall
<br />certify and disclose accordingly.
<br />2. Debarment, Suspension and Other Responsibility Matters
<br />(DirectRecipient)
<br />As required by Executive Order 12549, Debarment and Suspension,
<br />and implemented at 2 CFR Part 2867, for prospective participants in
<br />primary covered transactions, as defined at 2 CFR Part 2867.20(a)-
<br />A. The applicant certifies that it and its principals:
<br />(i) Are not presently debarred, suspended, proposed for
<br />debarment,declared ineligible, sentenced to a denial offederal
<br />benefits by a state or federal court, or voluntarily excluded from
<br />covered transactions by any federal department or agency;
<br />(ii) Have not within a three-year period preceding this application
<br />been convicted of or had a civil judgment rendered against them for
<br />commission of fraud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (federal,
<br />state or local) or private agreement or transaction; violation of
<br />federal or state antitrust statutes or commission of embezzlement,
<br />theft, forgery, bribery, falsification or destruction ofrecords,
<br />making false statements, tax evasion or receiving stolen property,
<br />making false claims, or obstruction of justice, or commission of
<br />
<br />any offense indicating a lack of business integrity or business
<br />honesty that seriously and directly affects your present
<br />responsibility;
<br />(iii) Are not presently indicted for or othelWise criminally or
<br />civilly
<br />charged by a governmental entity (federal, state or local) with
<br />commission ofany of the offenses enumerated in paragraph (A)
<br />(ii)
<br />of this certification; and
<br />(iv) Have not within a three-year period preceding this application
<br />had one or more public transactions (federal, state or local)
<br />terminated for cause or default.
<br />B. Where the applicant is unable to certify to any of the statements
<br />in this Certi fications form, he or she shall attach an explanation to
<br />this application regarding the particular statement that cannot be
<br />certified. Please check here_if an explanation is attached to this
<br />application. Please note that the applicant is still required to sign
<br />the Certifications form to certify to all the other applicable
<br />statements.
<br />3. Ifapplicable, an applicant who receives an award in excess of
<br />$5,000,000 certifies that, to the best of its knowledge and belief,
<br />the applicant has filed all Federal tax returns required during the
<br />three years preceding the certification, has not been convicted of a
<br />criminal offense under the Internal Revenue Code of 1986, and
<br />has not, more than 90 days prior to certification, been notified of
<br />any unpaid Federal tax assessment for which the liability remains
<br />unsatisfied, unless the assessment is the subject of an installment
<br />agreement or offer in compromise that has been approved by the
<br />Internal Revenue Service and is not in default, or the assessment is
<br />the subject of a non-frivolous administrative or judicial
<br />proceeding.
<br />4. Drug-Free Workplace (Grantees Other Than Individuals)
<br />As required by the Drug- Free Workplace Act of 1988, and
<br />implemented at 28 CFR Part 83, for grantees/recipients, as defined
<br />at 28 CFR Part 83.660-
<br />A. The applicant certifies that it will, or will continue to, provide a
<br />drug- free workplace by:
<br />(i) Publishing a statement notifying employees that the unlawful
<br />manufacture, distribution, dispensing, possession or use ofa
<br />controlled substance is prohibited in the grantee's workplace and
<br />specifying the actions that will be taken against employees for
<br />violation of such prohibition;
<br />(ii) Establishing an on-going drug-free awareness program to
<br />inform
<br />employees about -
<br />(a) The dangers of drug abuse in the workplace;
<br />(b) The grantee's policy of maintaining a drug-free workplace;
<br />(c) Any available drug counseling, rehabilitation and employee
<br />assistance programs; and
<br />(d) The penalties that may be imposed upon employees for
<br />drugabuse violations occurring in the workplace;
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