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§ 34. 110 40 CFR Ch . 1 (7-1 -07 EdRion)
<br /> receipt of such contract , grant , loan, (1) A cumulative increase of $25 ,000 or
<br /> cooperative agreement , loan insurance more in the amount paid or expected to
<br /> commitment , or loan guarantee com- be paid for influencing or attempting
<br /> mitment. An officer or employee who is to influence a covered Federal action ;
<br /> employed by such person for less than or
<br /> 130 working days within one year im- (2) A change in the person (s) or indi-
<br /> mediateiy preceding the date of the viduai (s) influencing or attempting to
<br /> submission that initiates agency con- influence a covered Federal action ; or ,
<br /> sideration of such person shall be con- (3) A change in the officer (s) , em-
<br /> sidered to be regularly employed as ployee (s) , or Member (s) contacted to
<br /> soon as he or she is employed by such influence or attempt to influence a
<br /> person for 130 working days , covered Federal action. .
<br /> (q) State means a State of the United
<br /> or re�
<br /> States , the District of Columbia , the (d) Any person who requests to n n
<br /> i
<br /> Commonwealth of Puerto Rica , a terri - pelves from a person referred t
<br /> paragraphs (a) or (b) of this section :
<br /> tory or possession of the United States,
<br /> an agency or instrumentality of a (1) A subcontract exceeding $ 100 ,000
<br /> State , and a multi - State , regional , or at any tier under a Federal contract;
<br /> interstate entity having governmental (2) A subgrant , contract , or sub-
<br /> duties and powers . contract exceeding $ 100, 000 at any tier
<br /> under a Federal grant;
<br /> § 34.110 Certification and disclosure. (3) A contract or subcontract exceed -
<br /> (a) Each person shall file a certifi - ing $ 100 ,000 at any tier under a Federal
<br /> cation, and a disclosure form, if re- loan exceeding $150 , 000; or ,
<br /> quired, with each submission that ini- (4) A contract or subcontract exceed -
<br /> tiates agency consideration of such ing $ 100, 000 at any tier under a Federal
<br /> person for: cooperative agreement,
<br /> (1 ) Award of a Federal contract , Shall file a certification, and a disclo-
<br /> grant, or cooperative agreement ex - sure form , if required, to the next tier
<br /> ceeding $ 100, 000; or above .
<br /> (2) An award of a Federal loan or a (e) All disclosure forms , but not cer-
<br /> commitment providing for the United tifications , shall be forwarded from
<br /> States to insure or guarantee a loan tier to tier until received by the person
<br /> exceeding $ 150, 000 . referred to in paragraphs (a) or (b) of
<br /> (b) Each person shall file a certifi - this section. That person shall forward
<br /> cation, and a disclosure form , if re- all disclosure forms to the agency ,
<br /> quired, upon receipt by such person of; (f) Any certification or disclosure
<br /> ( 1) A Federal contract, grant, or co- form filed under paragraph (e) of this
<br /> operative agreement exceeding $ 100.000 ; section shall be treated as a material
<br /> or representation of fact upon which all
<br /> (2) A Federal loan or a commitment receiving tiers shall rely. All liability
<br /> providing for the United States to in - arising from an erroneous representa-
<br /> sure or guarantee a loan exceeding tion shall be borne solely by the tier
<br /> $ 150 , 000 , filing that representation and shall not
<br /> Unless such person previously filed a be shared by any tier to which the er-
<br /> certification , and a disclosure form, if roneous representation is forwarded,
<br /> required , under paragraph (a) of this Submitting an erroneous certification
<br /> section , or disclosure constitutes a failure to
<br /> (c) Each person shall file a disclosure file the required certification or disclo-
<br /> form at the end of each calendar quar- sure , respectively , If a person fails to
<br /> ter in which there occurs any event file a required certification or disclo-
<br /> that requires disclosure or that mater]- sure , the United States may pursue all
<br /> ally affects the accuracy of the infor - available remedies , including those au -
<br /> mation contained in any disclosure thorized by section 1352 , title 31 , U . S .
<br /> form previously filed by such person Code ,
<br /> under paragraphs (a) or (b) of this sec- (g) For awards and commitments in
<br /> tion. An event that materially affects process prior to December Z3 , 1989 , but
<br /> the accuracy of the information re- not made ' before that date , certifi-
<br /> ported includes : cations shall be required at award or
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