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2. Lobbying <br /> Title 31 of the United States Code, Section 1352, entitled "Limitation on use of appropriated funds to <br /> influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal <br /> grants and cooperative agreements from using Federal (appropriated)funds for lobbying the Executive or <br /> Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative <br /> agreement. Section 1352 also requires that each person who request or received a Federal grants or <br /> cooperative agreement must disclose lobbying undertaking with non-Federal (non-appropriated)funds. <br /> These requirements apply to grants and cooperative agreements EXCEEDING$100,000 in total costs <br /> (45 CFR Part93). <br /> The undersigned (authorized official)certifies, to the best of his or her knowledge and belief, that: <br /> (a) 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 employee of <br /> any agency, a member of Congress, any officer or employee of Congress, or an employee of a <br /> Member of Congress in connection with the awarding of any Federal contract, the making of any <br /> Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, <br /> and the extension, continuation, renewal, amendment, or modification of any Federal grant, loan <br /> or cooperative agreement; <br /> (b) If any funds other than Federal appropriated funds have been paid or will be paid to any <br /> person for influencing or attempting to influence an officer or employee of any agency, a Member <br /> of Congress, an officer or employee of Congress, or an employee of a Member of Congress in <br /> connection with this Federal contract, grant, loan or cooperative agreement, the undersigned <br /> shall complete and submit Standard Form- LLL, "Disclosure of Lobbying Activities," in <br /> accordance with its instructions; <br /> (c)The undersigned shall require that the language of this certification be included in the award <br /> documents for all subawards at all tiers(including subcontracts, subgrants, contracts and <br /> contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify <br /> and disclose accordingly. <br /> This certification is a material representation of fact upon which reliance was placed when this transaction <br /> was made or entered into. Submission of this certification is a prerequisite for making or entering into this <br /> transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required <br /> certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for <br /> each such failure. <br /> 3. Debarment, Suspension and Other Responsibility Matters <br /> NOTE: In accordance with 45 CFR Part 76, amended June 26, 1995, any debarment, suspension, <br /> proposed debarment or other government wide exclusion initiated under the Federal Acquisition <br /> Regulation (FAR) on or after August 25, 1995, shall be recognized by and effective for Executive Branch <br /> agencies and participants as an exclusion under 45 CFR Part 76. <br /> (a) Primary Covered Transactions <br /> The undersigned (authorized official) certifies to the best of his or her knowledge and belief, that <br /> the applicant, defined as the primary participant in accordance with 45 CFR Part 76, and its <br /> principals: <br /> (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or <br /> voluntarily excluded by any Federal department or agency; <br /> (2) have not within a 3-year period preceding this proposal been convicted of or had a civil <br /> judgment rendered against them for commission of fraud or a criminal offense in connection with <br /> obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or <br /> contract under a public transaction; violation of Federal or State antitrust statutes or commission <br /> of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false <br /> statements, or receiving stolen property; <br /> Page 11 of 12 <br />