94-6307. Family Violence Prevention and Services Program

[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6307]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families
[Program Announcement No. OCS 94-07]

 

Family Violence Prevention and Services Program

AGENCY: Office of Community Services, Administration for Children and 
Family (ACF), HHS.

ACTION: Notice of the availability of funding for grants for family 
violence intervention and prevention activities to State domestic 
violence coalitions.

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SUMMARY: This announcement governs the proposed award of Family 
Violence Prevention and Services Act grants to private non-profit State 
domestic violence coalitions to conduct activities to promote domestic 
violence intervention and prevention, and to increase public awareness 
of domestic violence issues. This announcement sets forth the 
application process and requirements for grants to be awarded for 
fiscal year (FY) 1994.

CLOSING DATES FOR APPLICATIONS: Applications meeting the criteria 
specified in this announcement must be received no later than May 2, 
1994.

ADDRESSES: Address the applications to: Department of Health and Human 
Services, Office of Community Services, Administration for Children and 
Families, Attn: William D. Riley, Fourth floor - East Wing, 370 
L'Enfant Promenade, SW., Washington, DC 20447.

FOR FURTHER INFORMATION CONTACT: William D. Riley [phone].

A. Legislative Authority

    Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42 
U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention and 
Services Act'' (the Act). It was first implemented in FY 1986 and was 
reauthorized for Fiscal Years 1993 through 1995 and amended on May 28, 
1992 by Public Law 102-295.

B. Background

    Section 311 of the Act authorizes the Secretary to award grants to 
Statewide private non-profit State domestic violence coalitions to 
conduct activities to promote domestic violence intervention and 
prevention and to increase public awareness of domestic violence 
issues. During FY 1993 the Department made grant awards to 49 State 
domestic violence coalitions (Delaware did not apply), the District of 
Columbia, and the U.S. Virgin Islands. During FY 1994, grant awards 
will again be available to one statewide domestic violence coalition in 
each State, the U.S. Territories, the District of Columbia, and the 
Commonwealth of Puerto Rico.

C. Eligibility

    To be eligible for grants under this program announcement an 
organization shall be a statewide private non-profit domestic violence 
coalition with the following characteristics:
    (1) The membership of the coalition includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the State (a State domestic violence coalition may include 
representatives of Indian Tribes and Tribal Organizations as defined in 
the Indian Self Determination and Education Assistance Act);
    (2) The Board of Directors' membership is representative of a 
majority of the programs for victims of domestic violence in the State; 
and
    (3) The purpose of the coalition is to provide services, community 
education, planning and monitoring, and technical assistance to 
programs to establish and maintain shelter and related assistance for 
victims of domestic violence and their children (Sec 311(b)).

D. Funds Available

    Approximately $2,500,000 is available for grants to State domestic 
violence coalitions. Grants of $47,170 each will be available for the 
State domestic violence coalitions of the 50 States, the Commonwealth 
of Puerto Rico, and the District of Columbia. The Coalitions of the 
U.S. Territories (Guam, U.S. Virgin Islands, Northern Mariana Islands, 
American Samoa, and Trust Territory of the Pacific Islands (Palau)) are 
eligible for grant awards of approximately $9,434 each.

E. Grant Award Period

    The grant award period for the program will be one year from the 
date of the grant award. Therefore, all FY 1994 funds must be obligated 
by the grantee within one year of the date of the grant award and 
liquidated not later than two years from the date of the grant award.

F. Reporting Requirements

    1. The grantee must submit an interim and a final annual program 
report describing the coordination, training and technical assistance 
activities, and the public education services supported by grant funds. 
The annual report must also provide an assessment of the effectiveness 
of the grant supported activities. The interim annual program report is 
due 90 days after the end of the obligation period. The final annual 
program report is due 90 days after the end of the liquidation period. 
Program Reports are to be sent to:

    Office of Community Services, Administration for Children and 
Families, Attn: William D. Riley, 370 L'Enfant Promenade, SW., 4th 
floor, Washington, DC 20447.

    2. Grantees must submit annual financial reports, Standard Form 269 
(SF-269). An interim financial report is due 90 days after the end of 
the obligation period. A final financial report is due 90 days after 
the end of the liquidation period. Financial reports are to be sent to:

    Director for Formula, Entitlement, and Block Grants, Office of 
Financial Management, Administration for Children and Families, 370 
L'Enfant Promenade, SW., 6th floor, Washington, DC 20447.

G. Application Requirements

    The Domestic Violence Coalition application must be signed by the 
Executive Director of the Coalition or the official designated as 
responsible for the administration of the grant. The application must 
contain the following information (Please note the new 4.):
    1. A description of the public education campaign regarding 
domestic violence to be conducted by the coalition through the use of 
public service announcements and informative materials that are 
designed for print media;
    (A) Billboards;
    (B) Public transit advertising;
    (C) Electronic broadcast media; and
    (D) Other forms of information dissemination that inform the public 
about domestic violence issues (Sec. 311(a)(3)).
    2. A discussion of anticipated outcomes and a description of 
planned grant activities to be conducted in conjunction with judicial 
and law enforcement agencies concerning appropriate responses to 
domestic violence cases and an examination of issues including the:
    (A) Inappropriateness of mutual protection orders;
    (B) Prohibition of mediation when domestic violence is involved;
    (C) Use of mandatory arrest of accused offenders;
    (D) Discouragement of dual arrests;
    (E) Adoption of aggressive and vertical prosecution policies and 
procedures;
    (F) Use of mandatory requirements for presentence investigations;
    (G) Length of time taken to prosecute cases or reach plea 
agreements;
    (H) Use of plea agreements;
    (I) Consistency of sentencing, including comparisons of domestic 
violence crimes with other violent crimes;
    (J) Restitution to victims;
    (K) Use of training and technical assistance to law enforcement and 
court officials and other professionals;
    (L) Reporting practices of, and the significance to be accorded to, 
prior convictions (both felony and misdemeanor) and protection orders;
    (M) Use of interstate extradition in cases of domestic violence 
crimes; and
    (N) The use of statewide and regional planning.
    3. Applicant coalition must provide a discussion of anticipated 
outcomes and a description of planned grant activities to be conducted 
in conjunction with family law judges, Child Protection Services 
agencies and children's advocates to develop appropriate responses to 
child custody and visitation issues in domestic violence cases and in 
cases where domestic violence and child abuse are both present, 
including the:
    (A) Inappropriateness of mutual protection orders;
    (B) Prohibition of mediation when domestic violence is involved;
    (C) Inappropriate use of marital or conjoint counseling in domestic 
violence cases;
    (D) Use of training and technical assistance for family law judges 
and court personnel;
    (E) Presumption of custody to domestic violence victims;
    (F) Use of comprehensive protection orders to grant fullest 
protection possible to victims of domestic violence, including 
temporary support and maintenance;
    (G) Development by Child Protective Services of supportive 
responses that enable victims to protect their children;
    (H) Implementation of supervised visitations that do not endanger 
victims and their children; and
    (I) The possibility of permitting domestic violence victims to 
remove children from the State when the safety of the children or the 
victim is at risk.
    4. The applicant coalition must provide a thorough, narrative 
discussion of the proposed budget expenditures for the FY 1994 grant 
funds.
    5. The following documentation will certify the status of the 
domestic violence coalition and must be included in the grant 
application:
    (A) A signed statement from the State agency responsible for the 
administration of the Family Violence Prevention and Services formula 
grant funds that certifies that the applicant coalition is the 
statewide domestic violence coalition for the State and that the 
applicant coalition has reached an agreement with the State agency that 
allows for implementation of the following cooperative activities:
    (i) The applicant coalition's participation in the planning and 
monitoring of the distribution of grants and grant funds provided in 
its State under section 303(a); and
    (ii) The participation of the State domestic violence coalition in 
compliance activities regarding the State's family violence prevention 
and services program grantees (sec. 303(a)(3)).
    (B) A copy of the coalition's 501(c)(3) certification letter from 
the Internal Revenue Service stating private non-profit tax-exempt 
status;
    (C) A copy of the articles of incorporation and bylaws of the 
applicant coalition;
    (D) A list of the organizations operating programs for victims of 
domestic violence programs in the State and the applicant coalition's 
membership list by organization;
    (E) A copy of the applicant coalition's current Board of Directors 
list, with Chairperson identified; and
    (F) A copy of the resume of any coalition or contractual staff to 
be supported by funds from this grant. (section 311(b)).
    6. Assurances (include in application as an appendix)
    (A) Applicant coalition must provide documentation in the form of 
support letters, memoranda of agreement, or jointly signed statements, 
that the coalition:
    (i) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial organizations in the 
preparation of the grant application; and
    (ii) Will actively seek and encourage the participation of such 
organizations in grant funded activities (Sec. 311(b)(4)(A)&(B)).
    (B) Prohibition on lobbying
    Provide documentation in the form of a signed statement that the 
coalition will not use grant funds, directly or indirectly, to 
influence the issuance, amendment, or revocation of any executive order 
or similar legal document by any Federal, State or local agency, or to 
undertake to influence the passage or defeat of any legislation by the 
Congress, or any State or local legislative body, or State proposals by 
initiative petition, except that the representatives of the State 
Domestic Violence Coalition may testify or make other appropriate 
communications:
    (i) When formally requested to do so by a legislative body, a 
committee, or a member of such organization; and
    (ii) In connection with legislation or appropriations directly 
affecting the activities of the State domestic violence coalition or 
any member of the coalition (Sec. 311(d)).
    (C) Prohibition on Discrimination
    Provide documentation in the form of a signed statement that the 
State Domestic Violence Coalition will prohibit discrimination on the 
basis of age, handicap, sex, race, color, national origin or religion. 
(section 307).

H. Notification Under Executive Order 12372

    This program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' and 45 CFR part 100, 
``Intergovernmental Review of Department of Health and Human Services 
Programs and Activities.'' Under the Order, States may design their own 
processes for reviewing and commenting on proposed Federal assistance 
under covered programs.
    All States and Territories except Alaska, Alabama, Connecticut, 
Hawaii, Idaho, Kansas, Louisiana, Minnesota, Montana, Nebraska, 
Oklahoma, Oregon, Pennsylvania, Virginia, Washington, American Samoa 
and Palau have elected to participate in the Executive Order (E.O.) 
process and have established Single Points of Contact (SPOCs). 
Applicants from these seventeen jurisdictions need take no action 
regarding E.O. 12372. Otherwise, applicants should contact their SPOCs 
as soon as possible to alert them of the prospective applications and 
to receive any necessary instructions. Applicants must submit any 
required material to the SPOCs as soon as possible so that the program 
office can obtain and review SPOC comments as part of the award 
process. It is imperative that the applicant submit all required 
materials, if any, to the SPOC and indicate the date of this submittal 
(or the date of contact if no submittal is required) on the Standard 
Form 424, item 16a. Under 45 CFR 100.8(a)(2), a SPOC has 60 days from 
this application deadline date to comment on proposed new or competing 
continuation awards. SPOCs are encouraged to eliminate the submission 
of routine endorsements as official recommendations.
    Additionally, SPOCs are requested to clearly differentiate between 
mere advisory comments and those official state process recommendations 
which they intend to trigger the ``accommodate or explain'' rule.
    When comments are submitted directly to ACF, they should be 
addressed to the Department of Health and Human Services, 
Administration for Children and Families, Office of Community Services, 
Division of State Assistance, 370 L'Enfant Promenade, SW., Washington, 
DC 20447. A list of the Single Points of Contact for each State and 
Territory is included as Attachment A of this announcement.

I. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1980, Public Law 96-511, all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting or record-keeping 
requirement inherent in a proposed or final rule, or program 
announcement. This program announcement contains information collection 
requirements in sections (F) and (G), which require that certain 
information must be provided in an annual report and as part of a 
grantee's application. We estimate that all of the information 
requirements for this program will take each grantee approximately 6 
hours to complete. As there are 53 projected grantees, the total number 
of hours annually will be 318.
    Organizations and individuals desiring to submit comments on the 
information collection requirement should direct them to the Office of 
Information and Regulatory Affairs, OMB, New Executive Office Building 
(room 308), Washington, DC, 20503, Attention: Desk Officer for the 
Administration for Children and Families.

J. Certifications

    Applicants must comply with the required certifications found at 
Attachments B, C, and D, as follows:

    Pursuant to 45 CFR part 93, the Anti-Lobbying Certification and 
Disclosure Form must be signed and submitted with the application. 
If applicable, a standard form LLL, which discloses lobbying 
payments must be submitted.
    Certification Regarding Drug-Free Workplace Requirements and 
Certification Regarding Debarment: The signature on the application 
by a Coalition official responsible for the administration of the 
program attests to the applicant's intent to comply with the Drug-
Free Workplace Requirements and compliance with the Debarment 
Certification. The Drug-Free Workplace and Debarment Certifications 
do not have to be returned with the application.

(Catalog of Federal Domestic Assistance number 93.671, Family 
Violence Prevention and Services)

    Dated: March 8, 1994.
Donald Sykes
Director, Office of Community Services.

ATTACHMENT A

Executive Order 12372--State Single Points of Contact

Arizona

Mrs. Janice Dunn, Attn: Arizona State Clearinghouse, 3800 N. Central 
Avenue, 14th floor, Phoenix, Arizona 85012, Telephone [phone].

Arkansas

Tracie L. Copeland, Manager, State Clearinghouse, Office of 
Intergovernmental Services, Department of Finance and Administration, 
P.O. Box 3278, Little Rock, Arkansas 72203, Telephone [phone].

California

Glenn Stober, Grants Coordinator, Office of Planning and Research, 1400 
Tenth Street, Sacramento, California 95814,Telephone [phone].

Colorado

State Single Point of Contact, State Clearinghouse, Division of Local 
Government, 1313 Sherman Street, room 520, Denver, Colorado 80203, 
Telephone [phone].

Delaware

Ms. Francine Booth, State Single Point of Contact, Executive 
Department, Thomas Collins Building, Dover, Delaware 19903, Telephone 
[phone].

District of Columbia

Rodney T. Hallman, State Single Point of Contact, Office of Grants 
Management and Development, 717 14th Street, NW., suite 500, 
Washington, DC 20005, Telephone [phone].

Florida

Florida State Clearinghouse, Intergovernmental Affairs Policy Unit, 
Executive Office of the Governor, Office of Planning and Budgeting, The 
Capitol, Tallahassee, Florida 32399-0001, Telephone [phone].

Georgia

Mr. Charles H. Badger, Administrator, Georgia State Clearinghouse, 254 
Washington Street, SW., Atlanta, Georgia 30334, Telephone (404) 656-
3855.

Illinois

Steve Klokkenga, State Single Point of Contact, Office of the Governor, 
107 Stratton Building, Springfield, Illinois 62706, Telephone (217) 
782-1671.

Indiana

Jean S. Blackwell, Budget Director, State Budget Agency, 212 State 
House, Indianapolis, Indiana 46204, Telephone [phone].

Iowa

Mr. Steven R. McCann, Division of Community Progress, Iowa Department 
of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309, 
Telephone [phone].

Kentucky

Ronald W. Cook, Office of the Governor, Department of Local Government, 
1024 Capitol Center Drive, Frankfort, Kentucky 40601, Telephone (502) 
564-2382.

Maine

Ms. Joyce Benson, State Planning Office, State House Station #38, 
Augusta, Maine 04333, Telephone [phone].

Maryland

Ms. Mary Abrams, Chief, Maryland State Clearinghouse, Department of 
State Planning, 301 West Preston Street, Baltimore, Maryland 21201-
2365, Telephone [phone].

Massachusetts

Karen Arone, State Clearinghouse, Executive Office of Communities and 
Development, 100 Cambridge Street, room 1803, Boston, Massachusetts 
02202, Telephone [phone].

Michigan

Richard S. Pastula, Director, Michigan Department of Commerce, Lansing, 
Michigan 48909, Telephone [phone].

Mississippi

Ms. Cathy Mallette, Clearinghouse Officer, Office of Federal Grant 
Management and Reporting, 301 West Pearl Street, Jackson, Mississippi 
39203, Telephone [phone].

Missouri

Ms. Lois Pohl, Federal Assistance Clearinghouse, Office of 
Administration, P.O. Box 809, room 430, Truman Building, Jefferson 
City, Missouri 65102, Telephone [phone].

Nevada

Department of Administration, State Clearinghouse, Capitol Complex, 
Carson City, Nevada 89710, Telephone [phone], Attention: Ron 
Sparks, Clearinghouse Coordinator.

New Hampshire

Mr. Jeffrey H. Taylor, Director, New Hampshire Office of State 
Planning, Attn: Intergovernmental Review, Process/James E. Bieber, 2\1/
2\ Beacon Street, Concord, New Hampshire 03301, Telephone (603) 271-
2155.

New Jersey

Gregory W. Adkins, Acting Director, Division of Community Resources, 
N.J. Department of Community Affairs, Trenton, New Jersey 08625-0803, 
Telephone [phone].

    Please direct correspondence and questions to: Andrew J. Jaskolka, 
State Review Process, Division of Community Resources, CN 814, room 
609, Trenton, New Jersey 08625-0803, Telephone [phone].

New Mexico

George Elliott, Deputy Director, State Budget Division, room 190, 
Bataan Memorial Building, Santa Fe, New Mexico 87503, Telephone (505) 
827-3640, FAX [phone].

New York

New York State Clearinghouse, Division of the Budget, State Capitol, 
Albany, New York 12224, Telephone [phone].

North Carolina

Mrs. Chrys Baggett, Director, Office of the Secretary of Admin., N.C. 
State Clearinghouse, 116 W. Jones Street, Raleigh, North Carolina 
27603-8003, Telephone [phone].

North Dakota

N.D. Single Point of Contact, Office of Intergovernmental Assistance, 
Office of Management and Budget, 600 East Boulevard Avenue, Bismarck, 
North Dakota 58505-0170, Telephone [phone].

Ohio

Larry Weaver, State Single Point of Contact, State/Federal Funds 
Coordinator, State Clearinghouse, Office of Budget and Management, 30 
East Broad Street, 34th floor, Columbus, Ohio 43266-0411, Telephone 
[phone].

Rhode Island

Mr. Daniel W. Varin, Associate Director, Statewide Planning Program, 
Department of Administration, Division of Planning, 265 Melrose Street, 
Providence, Rhode Island 02907, Telephone [phone].

    Please direct correspondence and questions to: Review Coordinator, 
Office of Strategic Planning.

South Carolina

Omeagia Burgess, State Single Point of Contact, Grant Services, Office 
of the Governor, 1205 Pendleton Street, room 477, Columbia, South 
Carolina 29201, Telephone [phone].

South Dakota

Ms. Susan Comer, State Clearinghouse Coordinator, Office of the 
Governor, 500 East Capitol, Pierre, South Dakota 57501, Telephone (605) 
773-3212.

Tennessee

Mr. Charles Brown, State Single Point of Contact, State Planning 
Office, 500 Charlotte Avenue, 309 John Sevier Building, Nashville, 
Tennessee 37219, Telephone [phone].

Texas

Mr. Thomas Adams, Governor's Office of Budget and Planning, P.O. Box 
12428, Austin, Texas 78711, Telephone [phone].

Utah

Utah State Clearinghouse, Office of Planning and Budget, Attn: Carolyn 
Wright, room 116 State Capitol, Salt Lake City, Utah 84114, Telephone 
[phone].

Vermont

Mr. Bernard D. Johnson, Assistant Director, Office of Policy Research & 
Coordination, Pavilion Office Building, 109 State Street, Montpelier, 
Vermont 05602, Telephone [phone].

West Virginia

Mr. Fred Cutlip, Director, Community Development Division, West 
Virginia Development Office, Building #6, room 553, Charleston, West 
Virginia 25305, telephone [phone].

Wisconsin

Mr. William C. Carey, Federal/State Relations, Wisconsin Department of 
Administration, 101 South Webster Street, P.O. Box 7864, Madison, 
Wisconsin 53707, Telephone [phone].

Wyoming

Sheryl Jeffries, State Single Point of Contact, Herschler Building, 4th 
Floor, East Wing, Cheyenne, Wyoming 82002, Telephone [phone].

Guam

Mr. Michael J. Reidy, Director, Bureau of Budget and Management 
Research, Office of the Governor, P.O. Box 2950, Agana, Guam 96910, 
Telephone [phone].

Northern Mariana Islands

State Single Point of Contact, Planning and Budget Office, Office of 
the Governor, Saipan, CM, Northern Mariana Islands 96950.

Puerto Rico

Norma Burgos/Jose H. Caro, Chairman/Director, Puerto Rico Planning 
Board, Minillas Government Center, P.O. Box 41119, San Juan, Puerto 
Rico 00940-9985, Telephone [phone].

Virgin Islands

Jose L. George, Director, Office of Management and Budget, #41 
Norregade Emancipation Garden Station, Second Floor, Saint Thomas, 
Virgin Islands 00802.

    Please direct correspondence to: Linda Clarke, Telephone (809) 774-
0750.

ATTACHMENT B

Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, 
by or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of any agency, a Member 
of Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with the awarding of any Federal 
contract, the making of any Federal grant, the making of any Federal 
loan, the entering into of any cooperative agreement, and the 
extension, continuation, renewal, amendment, or modification of any 
Federal contract, grant, loan, or cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Congress, 
an officer or employee of Congress, or an employee of a Member of 
Congress in connection with this Federal contract, grant, loan, or 
cooperative agreement, the undersigned shall complete and submit 
Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 21, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.

State for Loan Guarantee and Loan Insurance

    The undersigned states, to the best of his or her knowledge and 
belief, that:
    If any funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this commitment 
providing for the United States to insure or guarantee a loan, the 
undersigned shall complete and submit Standard Form -LLL ``Disclosure 
Form to Report Lobbying,'' in accordance with its instructions.
    Submission of this statement is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the require statement shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.
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Signature
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Organization
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Date

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TN18MR94.005


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Attachment C

Certification Regarding Debarment, Suspension, and Other Responsibility 
Matters--Primary Covered transactions

    By signing and submitting this proposal, the applicant, defined as 
the primary participant in accordance with 45 CFR part 76, certifies to 
the best of its knowledge and believe that it and its principals:
    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded from covered transactions 
by any Federal Department or agency;
    (b) Have not within a 3-year period preceding this proposal been 
convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction or contract under a public transaction; violation of 
Federal or State antitrust statutes or commission of embezzlement, 
theft, forgery, bribery, falsification or destruction of records, 
making false statements, or receiving stolen property;
    (c) Are not presently indicted or otherwise criminally or civilly 
charged by a governmental entity (Federal, State of local) with 
commission of any of the offenses enumerated in paragraph (1)(b) of 
this certification; and
    (d) Have not within a 3-year period preceding this application/
proposal had one or more public transactions (Federal, State, or local) 
terminated for cause or default.
    The inability of a person to provide the certification required 
above will not necessarily result in denial of participation in this 
covered transaction. If necessary, the prospective participant shall 
submit an explanation of why it cannot provide the certification. The 
certification or explanation will be considered in connection with the 
Department of Health and Human Services (HHS) determination whether to 
enter into this transaction. However, failure of the prospective 
primary participant to furnish a certification or an explanation shall 
disqualify such person from participation in this transaction.
    The prospective primary participant agrees that by submitting this 
proposal. It will include the clause entitled ``Certification Regarding 
Debarment, Suspension, Ineligibility, and Voluntary Exclusion--Lower 
Tier Covered Transaction.'' provided below without modification in all 
lower tier covered transactions and in all solicitations for lower tier 
covered transactions.

Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions

(To Be Supplied to Lower Tier Participants)
    By signing and submitting this lower tier proposal, the prospective 
lower tier participant, as defined in 45 CFR part 76, certifies to the 
best of its knowledge and belief that it and its principals:
    (a) Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded from participation in this 
transaction by any federal department or agency.
    (b) Where the prospective lower tier participant is unable to 
certify to any of the above, such prospective participant shall attach 
an explanation to this proposal.
    The prospective lower tier participant further agrees by submitting 
this proposal that it will include this clause entitled ``certification 
Regarding Debarment, Suspension, Ineligibility, and Voluntary 
Exclusion--Lower Tier Covered Transactions. ``without modification in 
all lower tier covered transactions and in all solicitations for lower 
tier covered transactions.

BILLING CODE 4184-01-P

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TN18MR94.007


[FR Doc. 94-6307 Filed 3-17-94; 8:45 am]
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