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GENERAL TERMS AND CONDITIONS 4
<br /> GENERAL GRANT
<br /> FEDERAL FUNDS
<br /> If the Grantee is a state or local government entity,the Office of the State Auditor shall conduct
<br /> the audit.
<br /> The Grantee shall include the above audit requirements in any subgrants.
<br /> In any case,the Grantee's financial records must be available for review by COMMERCE.
<br /> If the Grantee is required to obtain a Single Audit because of Circular A-133 requirements, no
<br /> other report is required.
<br /> 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
<br /> VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
<br /> A. Grantee,defined as the primary participant and it principals, certifies by signing these
<br /> General Terms and Conditions that to the best of its knowledge and belief that they:
<br /> 1. Are not presently debarred, suspended, proposed for debarment,declared ineligible,or
<br /> voluntarily excluded from covered transactions by any Federal department or agency.
<br /> 2. Have not within a three-year period preceding this Grant, been convicted of or had a civil
<br /> judgment rendered against them for commission of fraud or a criminal offense in connection
<br /> with obtaining, attempting to obtain,or performing a public or private agreement or
<br /> transaction, violation of Federal or state antitrust statutes or commission of embezzlement,
<br /> theft, forgery, bribery,falsification or destruction of records, making false statements,tax
<br /> evasion, receiving stolen property, making false claims,or obstruction of justice;
<br /> 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
<br /> entity(Federal, state,or local)with commission of any of the offenses enumerated in
<br /> paragraph (1)(b)of this section; and
<br /> 4. Have not within a three-year period preceding the signing of this Grant had one or more
<br /> public transactions (Federal, state,or local)terminated for cause of default.
<br /> B. Where the Grantee is unable to certify to any of the statements in this Grant,the Grantee shall
<br /> attach an explanation to this Grant.
<br /> C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
<br /> covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
<br /> excluded from participation in this covered transaction, unless authorized by COMMERCE.
<br /> D. The Grantee further agrees by signing this Grant that it will include the clause titled"Certification
<br /> Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
<br /> Transaction," as follows,without modification, in all lower tier covered transactions and in all
<br /> solicitations for lower tier covered transactions:
<br /> LOWER TIER COVERED TRANSACTIONS
<br /> a) The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
<br /> presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily
<br /> excluded from participation in this transaction by any Federal department or agency.
<br /> b) Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
<br /> Grantee shall attach an explanation to this Grant.
<br /> E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
<br /> transaction, person, primary covered transaction, principal, and voluntarily excluded, as
<br /> used in this section, have the meanings set out in the Definitions and Coverage sections of the
<br /> rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
<br /> obtaining a copy of these regulations.
<br /> Governmental -VAWA 9
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