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ATTACHMENT E Contract No. <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 should also review the instructions <br />for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR <br />Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements <br />for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of <br />Energy detennines to award the covered transaction, grant, or cooperative agreement. <br />not less than $10,000 and not more than <br />LOBBYING $100,000 for each such failure. <br />The undersigned certifies, to the best of his or <br />her knowledge and belief, that: <br />2. DEBARMENT, SUSPENSION, AND <br />OTHER RESPONSIBILITY MATTERS <br />(1) No Federal appropriated funds have been <br />paid or will be paid, by or on behalf of the <br />undersigned, to any person for influencing <br />or attempting to influence an officer or <br />employee of any agency, a Member of <br />Congress, an officer or employee of <br />Congress, or an employee of a Member of <br />Congress in connection with the awarding of <br />any Federal contract, the making of any <br />Federal grant, the making of any Federal <br />loan, the entering into of any cooperative <br />agreement, and the extension, continuation, <br />renewal, amendment, or modification of any <br />Federal contract, grant, loan, or cooperative <br />agreement. <br />(2) If any funds other than Federal appropriated <br />funds have been paid or will be paid to any <br />person for influencing or attempting to <br />influence an officer or employee of any <br />agency, a Member of Congress, an officer or <br />employee of Congress, or an employee of a <br />Member of Congress in connection with this <br />Federal contract, grant, loan, or cooperative <br />agreement, the undersigned shall complete <br />and submit Standard Form-LLL, "Disclosure <br />Form to Report Lobbying," in accordance <br />with its instructions. <br />(3) The undersigned shall require that the <br />language of this certification be included in <br />the award documents for all subawards at all <br />tiers (including subcontracts, subgrants, and <br />contracts under grants, loans, and <br />cooperative agreements) and that all <br />subrecipients shall certify and disclose <br />accordingly. <br />This certification is a material representation of <br />fact upon which reliance was placed when this <br />transaction was made or entered into. <br />Submission of this certification is a prerequisite <br />for making or entering into this transaction <br />imposed by section 1352, title 31, U.S. Code. <br />Any person who fails to file the required <br />certification shall be subject to a civil penalty of <br />(1) The prospective primary participant certifies <br />to the best of its knowledge and belief, that <br />it and its principals: <br />(a) Are not presently debarred, suspended, <br />proposed for debarment, declared <br />ineligible, or voluntarily excluded from <br />covered transactions by any Federal <br />department or agency; <br />(b) Have not within a three-year period <br />receding this proposal been convicted of <br />or had a civil judgment rendered against <br />them for commission of fraud or a <br />criminal offense in connection with <br />obtaining, attempting to obtain, or <br />performing a public (Federal, State or <br />local) transaction or contract under a <br />public transaction; violation of Federal <br />or State antitrust statutes or commission <br />of embezzlement, theft, forgery, <br />bribery, falsification or destruction of <br />records, making false statements, or <br />receiving stolen property; <br />(c) Are not presently indicted for or <br />otherwise criminally or civilly charged <br />by a government entity (Federal, State <br />or local) with commission of any of the <br />offenses enumerated in paragraph (1)(b) <br />of this certification; and <br />(d) Have not within a three-year period <br />preceding this application/proposal had <br />one or more public transactions <br />(Federal, State or local) terminated for <br />cause or default. <br />(2) Where the prospective primary participant is <br />unable to certify to any of the statements in <br />this certification, such prospective <br />participant shall attach an explanation to this <br />proposal. <br />3. DRUG-FREE WORKPLACE <br />This certification is required by the Drug-Free <br />Workplace Act of 1988 (Pub. L. 100-690, Title <br />V, Subtitle D) and is implemented through