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BID NUMBER : RFP/DF -04/05 -99 OPENING DATE : JUNE 30 , 2005 @ 2 : 00 P. M. <br /> ATTACHMENT C <br /> CERTIFICATIONS REGARDING LOBBYING ; DEBARMENT, SUSPENSION AND OTHER <br /> RESPONSIBILITY MATTERS ; AND DRUG- FREE WORKPLACE REQUIREMENTS <br /> Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants <br /> should also review the instructions for certification included in the regulations before completing this form. Signature of this form <br /> provides for compliance with certification requirements under 34 CFR Part 82, 4New Restrictions on Lobbying,' and 34 CFR Part 85 , <br /> 'Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace <br /> (Grants) ." The certifications shall be treated as a material representation of fad upon which reliance will be placed when the <br /> Department of Education determines to award the covered transaction, grant, or cooperative agreement. <br /> 1 . LOBBYING (c) Are not presently indicted for or otherwise criminally or civilly <br /> charged by a governmental entity (Federal , State , or local) with <br /> As required by Section 1352 , Title 31 of the U .S . Code , and commission of any of the offenses enumerated in paragraph <br /> implemented at 34 CFR Part 82 , for persons entering into a (2)(b) of this certification ; and <br /> grant or cooperative agreement over $ 100 ,000 , as defined at <br /> 34 CFR Part 82 , Sections 82 . 105 and 82 . 110 , the applicant (d) Have rat within a three-year period preceding this application <br /> certifies that : had one or more public transaction (Federal , State , or local) <br /> terminated for cause or default; and <br /> (a) No Federal appropriated funds have been paid or will be <br /> paid, by or on behalf of the undersigned , to any person for B . Where the applicant is unable to certify to any of the state- <br /> influencing or attempting to influence an officer or employee of ments in this certification , he or she shall attach an <br /> any agency, a Member of Congress , an officer or employee of explanation to this application . <br /> Congress , or an employee of a Member of Congress in <br /> connection with the making of any Federal grant, the entering <br /> into of any cooperative agreement , and the extension , continu- 3 . DRUG- FREE WORKPLACE <br /> ation , renewal , amendment, or modification of any Federal (GRANTEES OTHER THAN INDIVIDUALS) <br /> grant or cooperative agreement; <br /> As required by the Drug-Free Workplace Act of 1988 , and <br /> (b) If any funds other than Federal appropriated funds have implemented at 34 CFR Part 85 , Subpart F , for grantees , as <br /> been paid or will be paid to any person for influencing or defined at 34 CFR Part 85 , Sections 85.605 and 85 .610 - <br /> attempting to influence an officer or employee of any agency, a <br /> Member of Congress , an officer or employee of Congress , or A. The applicant certifies that it will or will continue to provide a <br /> an employee of a Member of Congress in connection with this drug-free workplace by: <br /> Federal grantor cooperative agreement, the undersigned shall <br /> complete and submit Standard Form - LLL , 'Disclosure Form to (a) Publishing a statement notifying employees that the unlawful <br /> Report Lobbying ,' in accordance with its instructions ; manufacture, distribution, dispensing , possession , or use of a <br /> controlled substance is prohibited in the grantee's workplace and <br /> (c) The undersigned shall require that the language of this specifying the actions that will be taken against employees for <br /> certification be included in the award documents for all violation of such prohibition ; <br /> subawards at all tiers (including subgrants , contracts under <br /> grants and cooperative agreements , and subcontracts) and (b) Establishing an on-going drug-free awareness program to <br /> that all subrecipients shall certify and disclose accordingly. inform employees about: <br /> ( 1 ) The dangers of drug abuse in the workplace ; <br /> 2 . DEBARMENT, SUSPENSION , AND OTHER <br /> RESPONSIBILITY MATTERS (2) The grantee's policy of maintaining a drug-free workplace ; <br /> As required by Executive Order 12549 • Debarment and (3) Any available drug counseling , rehabilitation , and employee <br /> Suspension , and irrplemented at 34 CFR Part 85 , for prospec- assistance programs ; and <br /> tive participants in primary covered transactions , as defined at <br /> 34 CFR Part 85 , Sections 85 . 105 and 85 . 110— (4) The penalties that may be imposed upon employees for drug <br /> abuse violations occurring in the workplace ; <br /> A. The applicant certifies that it and its principals : <br /> (c) Making it a requirement that each employee to be engaged in <br /> (a) Are not presently debarred , suspended , proposed for the performance of the grant be given a copy of the statement <br /> debarment, declared ineligible , or voluntarily excluded from required by paragraph (a) , <br /> covered transactions by any Federal department or agency; <br /> (d) Notifying the employee in the statement required by para- <br /> (b) Have not within a three-year period preceding this applica- graph (a) that, as a condition of employment under the grant, the <br /> tion been convicted of or had a civil judgement rendered employee will: <br /> against them for commission of fraud or a criminal offense in <br /> connection with obtaining , attempting to obtain , or performing a ( 1 ) Abide by the terms of the statement, and <br /> public (Federal , State , or local) transaction or contract under a <br /> public transaction ; violation of Federal or State antitrust (2) Notify the employer in writing of his or her conviction for a <br /> statutes or commission of embezzlement, theft, forgery, violation of a criminal drug statute occurring in the workplace no <br /> bribery, falsification or destruction of records , making false later than five calendar days after such conviction ; <br /> statements , or receiving stolen property; <br /> 29 <br />