HomeMy WebLinkAboutExhibit 8BID NUMBER: RIP/DF-05106-95 OPENING DATE: APRIL 14, 20064 2:00 P.M.
ATTACHMENT C
CERTIFICATIONS REGAROtNG LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should reler lo the regulations dled below to determine the certification to which they are required to attest. Applicants
should also review the instructions la certification included In the regulations before completing this form. Signature d this lam
provides for oonpliance with certification requirements under 34 CFR Part 82,'New Restrictions on Lobbying,' and 34 CFR Part 85,
'Government -wide Debarment and Suspension (Nonprocuremenl) and Government -wide Requirements for Drug -Free Workplace
(Grants)." The certifications shall be treated as a malarial representation of fad upon which reliance will be placed when the
Department of Education determines la award the covered transaction, grant, a cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 # the U.S. Code, and
implemented a1 34 CFR Part 82, la pitmans entering into a
grant or cooperative agreement over $100,000, as defined at
34 CFR Part 82, Sections 82.105 and 82.110, the applicant
certifies that
(a) No Federal appropriated lunds have been paid a will be
paid, by or an behatl of the undersigned, lo any person for
infiuendng or attempting to influence an officer or employee ol
any agency, a Member of Congress, an °Mcem or employee of
Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant, the entering
into # any cooperative agreement, and the extension, continu-
ation, renewal, amendment, or modification # any Federal
grant or cooperative agreement;
(b) 11 any funds other than Federal appropriated funds have
been paid or will be paid Ia any person fa influencing a
attempting to influence an officer or employee of any agency, a
Member o1 Congress, an officer or employee of Congress, or
an employee o1 a Member 01 Congress in connection with this
Federal grantor cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, 'Disclosure Form to
Report Lobbying,' in accordance with its instructions;
(c) The undersigned shall require Thal the language # this
certihcalion be included in the award documents for all
subawards al all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and
that all sub►edpients shall certify and disdase acaxdingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 34 CFR Pan 85, to prospec-
tive participants in primary covered transactions, as defined at
34 CFR Part 85, Sections 85.105 and 85-110—
A. The applicant certifies that II and its principals:
(a) Are riot presently debarred, suspended, proposed tor
debarment, declared ineligible, a voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this applica-
tion been convided of a had a civil judgement rendered
against them for commission or fraud a a criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal, Slate, or local) transaction a am fired under a
public transaction, violation of Federal at State antitrust
statules or commission of embezzlement, theft, forgery,
bribery, falsification or destruction ol records, making false
statements, or receiving stolen property;
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(c) Are not presently indicted fora otherwise criminally a civilly
charged by a governmental entity (Federal, State, a local) with
commission of any of the offenses enumerated in paragraph
(2)(b) of this Certification; and
(d) Have not within a three-year period preceding this application
had one or more public transaction (Federal, State, or local)
terminated for cause a default; and
B. Where the applicant is unable to certify to any of the state-
ments in this certification, he or she shall attach en
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Ad of 1988, and
implemented al 34 CFR Pad 85, Subpart F, for grantees, as
defined al 34 CFR Pat1 85, Sections 85.605 and 85.610 -
A. The applicant certifies Ihal M will or will continue 10 provide a
drug -free workplace by:
(a) Publishing a statement notifying employees That the unlawful
manutadure, distribution, dispensing, possession, a used a
controlled substance is prohibited In the grantee's workplace and
specifying the actions that will be taken against employees for .
violation of such prohibition;
(b) Establishing an on -going drug -tree awareness program to
imam employees about.
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
43) Any available drug counseling, rehabililatian, and employee
assistance programs: and
(4) The penalties that may he imposed upon employees tor drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee 10 be engaged in
the performance of the grant be given a copy ol the statement
required by paragraph (a).
(d) Notifying the employee in the stalemenl required by pate -
graph (a) that, as a condition of employment under the grant, the
employee will:
(1) Abide by the tents of the statement; and
(2) Notify the employer in writing ol his Of her cxmnvidion 101 a
violation ol a criminal drug slalule occurring in the workplace no
later than five calendar days atter such co vidion,
BID NUMBER: RFP/DF-05/06-95
OPENING DATE: APRIL 14, 20064 2:00 P.M.
(e) Notifying the agency, in wriling, within 10 Calendar days after
receiving notice under subparagraph (d)(2) Iran an employee or
otherwise receiving actual notice at such conviction. Employers
of oorvided employees muss provide notice, including position
title, to: Director, Grants Policy and Oversight Slat, U.S. Depart•
meni ol Education, 400 Maryland Avenue, S.W. (Room 3852,
GSA Regional Office Building No. 3), Washington, DC 20202-
4248 Notice shall include the identification number{s) of each
aftecled grant;
{I) Taking one 01 the following actions, within 30 calendar days d
receiving notice under subparagraph (d)(2), with respect to any
empiayee who is so convicted:
(1) Taking appropriate personnel action against such an em-
ployee, up lO and including termination, consistent with the •
requirements of the Rehabililation Ad ol 1973, es amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, Stale, or local health, law enlorcemenl, Or
other appropriate agency;
(g) Making a good faith effort to mrninue to maintain a
drug -free workplace through implementation of paragraphs
(a), (b), lc), {d), (e). and (f).
B. The grantee may insert in the space provided below the site(s)
for the performance d work done in aannedion with the specific
grant
Place ol Perlormance (Street address, ply, county, state, zip
code)
Check [ i it there are workplaces on file that are not identified
here.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Ad of 1988, and
implemented al 34 CFR Part 85, Subpart F, for grantees, as
defined al 34 CFR Part 85, Sections 85.605 and 85.810-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manuladure, distribution, dispensing, possessbn, or
use of a controlled substance in conducting any aolMly with the
grant: and •
B 11 mnvided d a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, 1 will
report the oanvidian, in writing, within 10 calendar days of the
conviction, to Daedd, Grants Policy and Oversight Staff,
Department of Education, 400 Maryland Avenue, S.W, (Room
3652, GSA Regional Office Building No. 3), Washington, DC
20202-4248. Notice shall Include the identification number(*) of
0E01 affeded grant.
As the duly authorized representative of the applicant, I hereby comfy mat the applicanl will comply with the above certifications. •
NAME OF APPLICANT
PR/AWARD NUMBER AfID / OR PROJECT NAME
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
ED 80-0013
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12/98