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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
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