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BK:00025 PG:0100 <br />2. Lobbying <br />Title 31 of the United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence <br />certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative <br />agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal <br />Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each <br />person who request or received a Federal grants or cooperative agreement must disclose lobbying undertaking with <br />non - Federal (non - appropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING <br />$100,000 in total costs (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 undersigned, to any <br />person for influencing or attempting to influence an officer or employee of any agency, a member of <br />Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with <br />the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the <br />entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or <br />modification of any Federal grant, loan or cooperative agreement; <br />(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for <br />influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an <br />officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal <br />contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - <br />LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; <br />(c) The undersigned shall require that the language of this certification be included in the award documents <br />for all subawards at all tiers (including subcontracts, subgrants, contracts and contracts under grants, loans <br />and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. <br />This certification is a material representation of fact upon which reliance was placed when this transaction was made <br />or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed <br />by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil <br />penalty of not less than $10,000 and not more than $100,000 for 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, proposed debarment <br />or other government wide exclusion initiated under the Federal Acquisition Regulation (FAR) on or after August 25, <br />1995, shall be recognized by and effective for Executive Branch agencies and participants as an exclusion under 45 <br />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 the <br />applicant, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: <br />(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily <br />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 judgment rendered <br />against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, <br />or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of <br />Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or <br />destruction of records, making false statements, or receiving stolen property; <br />Page 14 of 15 <br />