Laserfiche WebLink
<br />COOPERATIVE AGREEMENT NO. ATC020223 <br /> <br />Certification Regarding Debarment. Suspension. and Other <br />Responsibility Matters-Primary Covered Transactions <br /> <br />(I) The prospective primary participant certifies to the best of its <br />knowledge and belief, that it and its principals: <br />(a) Are not presently debarred. suspended. proposed for <br />debarment. dcclared incligible. or voluntarily excluded from covered <br />transactions by any Federal department or agency; <br />(b) Have not within a three-year period preceding this <br />proposal been convicted or had a civil judgment rendered against them for <br />commission of fraud or a criminal offense in cOMection with obtaining. <br />attempting to obtain, or performing a public (Federal, State. or local) <br />transaction or contract under a public transaction; violation of Federal or <br />Statc antitrust statutes or commission of embezzlement, theft, forgery, <br />bribery, falsification or destruction of records, making ,false statements. or <br />receiving stolen property: <br /> <br />o Arc not presently indicted for or otherwise criminally or <br />civilly charged by a goverrunental entity (Federal. State or local) with <br />commission of any of the offenses enumerated in paragraph (I)(b) of this <br />certification; and <br />(d) Have not within a three-year period preceding this <br />application/proposal had one or more public transaction (Federal, State or <br />local) terminated for cause or default. <br /> <br />(2) Where the prospective primary participant is unable to certify to any of <br />the statements in this certification, such prospective participant shall attach <br />an explanation to this proposal. <br /> <br />k. CERTIFICATION REGARDING DRUG-FREE WORKPLACE <br />REQUIREMENTS <br /> <br />Instructions for Certification <br /> <br />1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. <br />2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determincd that <br />the grantce knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the agency, in addition to any other <br />remcdies available to the Federal Goverrunent, may take action authorized under the Drug-Free Workplace Act, <br />3. For grantecs other than individuals. Alternate I applies, <br />4. For grantees who are individuals. Alternate 11 applies. <br />5. Workplaccs under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant <br />application. If thc grantee does not identify the workplaces at the time of application. or upon award. if thcre is no application, the grantee must keep the identity <br />of the workplace(s) on ftlc in its officc and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation <br />of the grantee's drug-free workplace requirements, <br />6. Workplace identifications must include the actual address of building (or parts of buildings) or other sitcs where work under the grant takes place. Categorical <br />descriptions may be used (e.g.. all vehicles of mass transit authority or State highway department whilc in operation, State employees in each local unemployment <br />officc, pcrformers in conccrt halls or radio studios). <br />7. If the workplace identified to thc agency changes during the perfonnance of the grant, thc grantec shall inform the agcncy of thc change(s), if the previously <br />identified thc workplaces in question (see paragraph five). <br />8. Definitions of terms in thc Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification, <br />Grantees' attention is called, in particular, to the following definitions from these rules: <br />Controllcd substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U .S.C, 812) and as further defined <br />by rcgulation (21 CFR 1308,11 through 1308.15); <br />Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the <br />responsibility to determine violations of the Federal or State criminal drug statutes; <br />Criminal drue statute means a Federal or non-Federal criminal statute involving the manufacture, distribution. dispensing, use, or possession of any <br />controlled substance; <br />~ means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All direct charge employees: <br />(ii) All indirect charge employees unless their impact or involvement is insignificant to the p~'rformance of the grant; and, (iii) Temporary persoMel and <br />consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll, This definition does not include workers <br />not on the payroll of the grantee (e.g,. volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's <br />payroll; or employees of subrecipients or subcontractors in covered workplaces,) <br /> <br />.. <br />, <br /> <br />Certification Regarding Drug-Frce <br />Workplace Requirements <br /> <br />Alternate J. (Grantees Other Than Individuals) <br /> <br />A. The grantee certifies that it will or will continue to provide a drug-free <br />workplace by: <br />(a) Publishing a statement notifying employees that the unlawful <br />manufacture, distribution, dispensing, possession. or use of a controlled <br />substance is prohibited in the grantee's workplace and specifying the <br />actions that will be taken against employees for violation of such <br />prohibition: <br />(b) Establishing an ongoing drug-free awareness program to inform <br /> <br />employees about-- <br />(I) The dangers of drug abuse in the workplace; <br />(2) The grantee's policy of maintaining a drug-free <br /> <br />workplace: <br /> <br />(3) Any available drug counseling, rehabilitation, and <br />employee assistance programs; and <br />(4) The penalties that may be imposed upon employees for <br />drug abuse violations occurring in the workplace; <br /> <br />29 <br />