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A TRUE COPY <br /> Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program CERTIFICATION ON LAST PAGE <br /> mnrarin tQnt of 2W Enforcement J . R . SMITH , CLERK <br /> c . For any of a subgrant recipient' s existing programs or activities that will be funded by these <br /> subgrants , the subgrant recipient, upon specific request from the Department and the U . S . <br /> Department of Justice , agrees to cooperate with the Department of Justice in any preparation <br /> by Department of Justice of a national or program environmental assessment of that funded <br /> program or activity . <br /> 37 . Non -Procurement , Debarment and Suspension <br /> The subgrant recipient agrees to comply with Executive Order 12549 , Debarment and <br /> Suspension and 2 CFR 180 , " OMB Guidelines To Agencies On Governmentwide Debarment And <br /> Suspension ( Non procurement) " These procedures require the subgrant recipient to certify it shall <br /> not enter into any lower tiered covered transaction with a person who is debarred , suspended , <br /> declared ineligible or is voluntarily excluded from participating in this covered transaction , unless <br /> authorized by the Department. If the subgrant is $ 100 , 000 or more , the subgrant recipient and <br /> implementing agency certify that they and their principals : <br /> a . Are not presently debarred , suspended , proposed for debarment , declared ineligible , <br /> sentenced to a denial of Federal benefits by a State or Federal court , or voluntarily excluded <br /> from covered transactions by any Federal department or agency ; <br /> b . Have not within a three-year period preceding this application been convicted of or had a civil <br /> judgment rendered against them for commission of fraud or a criminal offense in connection <br /> with obtaining , attempting to obtain , or performing a public ( Federal , State , or local ) <br /> transaction or contract under a public transaction ; violation of Federal or State antitrust <br /> statutes or commission of embezzlement , theft, forgery , bribery , falsification or destruction of <br /> records , making false statements , or receiving stolen property ; <br /> c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental <br /> entity ( Federal , State , or local ) with commission of any of the offenses enumerated in <br /> paragraph ( 1 ) ( b) of this certification ; and <br /> d . Have not within a three-year period preceding this application had one or more public <br /> transactions ( Federal , State , or local ) terminated for cause or default . <br /> 38 . Federal Restrictions on Lobbying <br /> a . Each subgrant recipient agrees to comply with 28 CFR Part 69 , " New Restrictions on <br /> Lobbying " and shall file the most current edition of the Certification And Disclosure Form , if <br /> applicable , with each submission that initiates consideration of such subgrant recipient for <br /> award of federal contract , grant, or cooperative agreement of $ 100 , 000 or more . <br /> b . This certification is a material representation of fact upon which reliance was placed when <br /> this agreement was made . Submission of this certification is a prerequisite to entering into <br /> this agreement subject to conditions and penalties imposed by 31 USC 1352 . Any person <br /> who fails to file the required certification is subject to a civil penalty of not less than $ 10 , 000 <br /> and not more than $ 100 , 000 for each failure to file . <br /> c . As required by 31 USC 1352 , and implemented at 28 CFR 69 , for persons entering into a <br /> grant or cooperative agreement over $ 100 , 000 , as defined at 28 CFR 69 , the applicant <br /> certifies that: <br /> ( 1 ) No Federal appropriated funds have been paid or will be paid , by or on behalf of the <br /> undersigned , to any person for influencing or attempting to influence an officer or <br /> employee of any agency , a Member of Congress , an officer or employee of Congress , <br /> or an employee of a Member of Congress in connection with the making of any Federal <br /> SFY 2012 Page 12 <br />