CERTIFICATIONS
The certifications set out below are material
representations upon which the Corporation for National and Community Service (CNCS)
will rely when it determines to award a grant.
False certification, or violation of the certification, may be grounds
for suspension of payments, suspension or termination of grants, or
government-wide suspension or debarment (see 2 CFR Part 180, Subparts G and H).
Certification – Debarment, Suspension,
and Other Responsibility Matters
This
certification is required by OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement), 2 CFR Part 180, Section 180.335, What information must I provide before
entering into a covered transaction with a Federal agency?
As
the duly authorized representative of the applicant, I certify, to the best of
my knowledge and belief, that neither the applicant nor its principals:
·
Is presently
excluded or disqualified;
·
Has been convicted
within the preceding three years of any of the offenses listed in 2 CFR § 180.800(a)
or had a civil judgment rendered against it for one of those offenses within
that time period;
·
Is presently
indicted for, or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with, commission or any of the offenses
listed in 2 CFR § 180.800(a); or
·
Has had one or
more public transactions (federal, state, or local) terminated within the
preceding three years for cause or default.
Certification – Drug Free Workplace
This certification is
required by section 184 of the NCSA (42 U.S.C. 12644), sections 5150-5160 of
the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-8106), and CNCS’s
implementing regulations at 2 CFR Part 2245, Subpart B. Under these
authorities, grantees mustcertify, prior to award, that they will make a good
faith effort, on a continuing basis, to maintain a drug-free workplace.
As the duly authorized
representative of the applicant, I certify, to the best of my knowledge and
belief, that the applicant will provide a drug-free workplace by:
A. Publishing a drug-free
workplace statement that:
1. Notifies employees that the
unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee’s workplace;
2. Specifies the actions that the grantee will take against
employees for violating that prohibition; and
3. Informs employees that, as a
condition of employment under any award, each employee will abide by the terms
of the statement and notify the grantee in writing if the employee is convicted
for a violation of a criminal drug statute occurring in the workplace within
five days of the conviction;
B. Requiring that a copy of the
statement described in paragraph (A) be given to each employee who will be
engaged in the performance of any federal award;
C. Establishing a drug-free
awareness program to inform employees about:
1. The dangers of drug abuse in
the workplace;
2. The grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee
assistance programs; and
4. The penalties that the grantee may impose upon them for drug
abuse violations occurring in the workplace;
D. Providing CNCS, as well as any other federal agency on whose award
a convicted employee was working, with written notification within 10 calendar
days of learning that an employee has been convicted of a drug violation in the
workplace;
E. Taking one of the following
actions within 30 calendar days of learning that an employee has been convicted
of a drug violation in the workplace:
1. Taking appropriate personnel
action against the employee, up to and including termination; or
2. Requiring that the employee participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for these purposes by a federal,
state, or local health, law enforcement, or other appropriate agency;
F. Making a good faith effort to
continue to maintain a drug-free workplace through implementation of paragraphs
(A) through (E).
Certification – Lobbying Activities
As required by 31 U.S.C. 1352,
as the duly authorized representative of the applicant, I certify, to the best
of my knowledge and belief, that:
·
No federal
appropriated funds have been paid or will be paid, by or on behalf of the
applicant, to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer of Congress in
connection with the awarding of any federal contract, the making of any federal
loan, the entering into of any cooperative agreement, or modification of any
federal contract, grant, loan, or cooperative agreement;
·
If any funds other
than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the applicant will submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions;
·
The applicant will
require that the language of this certification be included in the award
documents for all subcontracts at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all sub-recipients
will certify and
disclose accordingly.
Certification - Grant Review Process (State Commissions Only)
I certify that in conducting
our review process, we have ensured compliance with the National and Community
Service Act of 1990, and all state laws and conflict of interest rules.
Certification – Federal Tax Liability
I certify that, if the
applicant is a corporation,
A. The corporation does not have
any unpaid federal tax liability—
1.
That has been assessed,
2.
For which all judicial and administrative remedies have been exhausted
or have lapsed, and
3.
That is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting the tax liability, or
B. A federal agency has
considered suspension or debarment of the corporation based on the unpaid tax
liability and has made a determination that this further action is not
necessary to protect the interests of the government.
Certification – Felony Criminal Conviction under Federal Law
I certify that, if the
applicant is a corporation,
A. The corporation has not been
convicted of a felony criminal violation under any federal law within the
preceding 24 months, or
B. A federal agency has
considered suspension or debarment of the corporation based on that conviction
and has made a determination that this further action is not necessary to
protect the interests of the government
Certifications – Subgrants and Lower Tiered Nonprocurement Transactions
with Excluded or Disqualified Persons (NCSA Subtitle C and Social Innovation
Fund applicants only)
Definitions
The
terms “debarment,” “suspension,” “excluded,” “disqualified,” “ineligible,”
“participant,” “person,” “principal,” “proposal,” and “voluntarily excluded” as
used in this document have the meanings set out in 2 CFR Part 180, Subpart I,
“Definitions.” A transaction shall be
considered a “covered transaction” if it meets the definition in 2 CFR Part 180
Subpart B, “What Is a covered transaction?”
Assurance requirement for
subgrant and other lower tier nonprocurement agreements
You
agree by submitting this proposal that, if we approve your application, in
accordance with 2 CFR Part 180 Subpart C, you shall not enter into any lower
tier nonprocurement covered transaction with a person without verifying that
the person is not excluded or disqualified unless authorized by CNCS.
Assurance inclusion in
subgrant agreements
You
agree by submitting this proposal that you will obtain an assurance from
prospective participants in all lower tier covered nonprocurement transactions
and in all solicitations for lower tier covered nonprocurement transactions
that the participants will comply with the provisions of 2 CFR Part 180
subparts A, B, C and I.
Notice of error in
certification or assurance
You must provide immediate written notice to us if at any time you learn that a certification or assurance was erroneous when submitted or has become erroneous because of changed circumstances.