1. are not presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from covered transactions by a federal
<br /> department or agency;
<br /> 2. have not, within a five-year period preceding this proposal been convicted of or
<br /> had a civil judgment rendered against them for:
<br /> a) the commission of fraud or a criminal offense in connection with
<br /> obtaining, attempting to obtain, or performing a public (federal, state or
<br /> local)transaction or contract under public transaction.
<br /> b) violation of federal or state antitrust statutes or commission of
<br /> embezzlement, theft, forgery, bribery, falsification or destruction of
<br /> records, making false statements,or receiving stolen property.
<br /> c) have not within a five-year period preceding this Agreement had one or
<br /> more public transactions (federal, state or local) terminated for cause or
<br /> default.
<br /> Where the Subgrantee is unable to certify to any of the statements in this certification,
<br /> such Subgrantee shall attach an explanation to this Agreement. In addition, the
<br /> Subgrantee shall submit to the Grantee (by email or facsimile) the completed
<br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
<br /> for each prospective subcontractor which Subgrantee intends to fund under this
<br /> Agreement. See Attachment C. Such form must be received by the Grantee prior to the
<br /> Subgrantee entering into a contract with any prospective subcontractor.
<br /> K. The validity of this Agreement is subject to the truth and accuracy of all the information,
<br /> representations, and materials submitted or provided by the Subgrantee in this
<br /> Agreement, in any subsequent submission or response to Grantee request, or in any
<br /> submission or response to fulfill the requirements of this Agreement, and such
<br /> information, representations, and materials are incorporated by reference. The lack of
<br /> accuracy thereof or any material changes shall, at the option of the Department and with
<br /> thirty(30)days written notice to the Subgrantee,cause the termination of this Agreement
<br /> and the release of the Grantee from all its obligations to the Subgrantee.
<br /> L. This Agreement shall be construed under the laws of the State of North Dakota, and
<br /> venue for any actions arising out of this Agreement shall lie in Burleigh County. If any
<br /> provision hereof is in conflict with any applicable statute or rule, or is otherwise
<br /> unenforceable, then such provision shall be deemed null and void to the extent of such
<br /> conflict, and shall be deemed severable, but shall not invalidate any other provision of
<br /> this Agreement.
<br /> M. The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her
<br /> knowledge and belief:
<br /> 1. No federal appropriated funds have been paid or will be paid, by or on behalf of
<br /> the undersigned, to any person for influencing or attempting to influence an
<br /> officer or employee of any agency, a Member of Congress, an officer or
<br /> employee of Congress, or an employee of a Member of Congress in connection
<br /> with the awarding of any federal contract, the making of any federal grant, the
<br /> making of any federal loan, the entering into of any cooperative agreement, and
<br /> the extension, continuation, renewal, amendment or modification of any federal
<br /> contract,grant, loan or cooperative agreement.
<br /> 2. If any funds other than federal appropriated funds have been paid or will be paid
<br /> to any person for influencing or attempting to influence an officer or employee of
<br /> any agency, a Member of Congress, an officer or employee of Congress, or an
<br /> employee of a Member of Congress in connection with this federal contract,
<br /> grant, loan or cooperative agreement, the undersigned shall complete and submit
<br /> 10
<br />
|