[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Notices]
[Pages 20096-20104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10029]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. 93630-95-1]
Administration on Developmental Disabilities: Availability of
Financial Assistance for American Indian Consortiums to Provide
Protection and Advocacy Services for Fiscal Year 1995
AGENCY: Administration on Developmental Disabilities (ADD),
Administration for Children and Families (ACF), Department of Health
and Human Services (DHHS).
ACTION: Announcement of the availability of funds for American Indian
Consortiums to provide Protection and Advocacy (P&A) services for
Fiscal Year 1995.
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SUMMARY: The Administration on Developmental Disabilities,
Administration for Children and Families, announces the availability of
fiscal year 1995 funding for two American Indian Consortiums. Financial
funding provided by ADD to American Indian Consortiums is designed to
provide P&A services to Native Americans with developmental
disabilities.
DATES: The closing date for submittal of applications is June 8, 1995.
ADDRESSES: Applications should be mailed to: Administration on
Developmental Disabilities, Administration for Children and Families,
Department of Health and Human Services, Room 329-D, HHH Building, 200
Independence Avenue SW., Washington, DC 20201, Attn: 93.630-95-1
American Indian Consortium.
Hand delivered applications are accepted during the normal working
hours of 8 a.m. to 4:30 p.m. Monday through Friday, on or prior to the
established closing date at the above address.
FOR FURTHER INFORMATION CONTACT: Isadora Wills, Division of Program
Operations, Administration on Developmental Disabilities, (202) 690-
5791.
SUPPLEMENTARY INFORMATION:
Part I. Program Purpose
The Administration on Developmental Disabilities is the lead agency
within ACF and DHHS responsible for planning and administering programs
which promote the self-sufficiency and protect the rights of
individuals with developmental disabilities.
The 1994 Amendments (Pub. L. 103-230) to the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
(the Act) authorizes assistance to States and public and private
nonprofit agencies and organizations to assure that individuals with
developmental disabilities and their families participate in the design
of and have access to culturally competent services, supports, and
other assistance and opportunities that promote independence,
productivity and integration and inclusion into the community.
Programs Funded Under the Act Are:
Federal assistance to State developmental disabilities
councils;
State system for the protection and advocacy of individual
rights;
Grants to university affiliated programs for
interdisciplinary training, exemplary services, technical assistance,
and information dissemination; and
Grants for Projects of National Significance.
Part II. General Information for P&A Consortium
Based on section 142(b) of the Act (42 U.S.C. 6042(b)), an American
Indian Consortium established to provide protection and advocacy
services under Part C of the Act may submit an application to the
Secretary to receive funding pursuant to section 142(c)(5). Such
consortium shall coordinate activities with existing P&A systems.
Currently, the States' have difficulties which prohibit the P&A
systems from adequately serving large populations of American Indians
who reside in isolated, expansive reservations. Despite their efforts,
P&A systems in these States have not been able to overcome linguistic,
geographic and cultural barriers in order to provide adequate
protection and advocacy services to these populations. The American
Indian Consortium will help alleviate this problem by allowing certain
tribes to join together and apply to the Secretary for a Consortium
award similar to those received by the territories. It is expected that
the Consortium, when established, will work cooperatively with the
existing P&A systems in the States where the Consortium operates and
develop cooperative agreements on how to best serve Native Americans
with developmental disabilities.
For the purpose of this announcement an American Indian Consortium
is ``any confederation of two or more recognized American Indian
tribes, created through the official action of each participating
tribe, that has a combined total resident population of 150,000
enrolled tribal members and a contiguous territory of Indian lands in
two or more States.'' (section 102(1) (42 U.S.C. 6001(1)).
Part III. P&A Description and Requirements for Consortiums
A. Under the Act categorical grants are made to States and American
Indian Consortiums for the protection and advocacy of individual rights
through P&A systems. Systems must advocate on behalf of, and provide
services to, all persons who are or who may be eligible for treatment,
services, or habilitation, or who are being considered for a change in
living arrangements. The P&A systems have been expanding their efforts
on behalf of institutionalized people, with special attention on behalf
of minorities and other traditionally underserved populations.
Typically, these systems provide direct services to clients during a
fiscal year, and also provide information and referral services to
others. Assistance is provided for education, habilitation services,
financial entitlement, consent, architectural barriers removal, day
care, employment, rights or privacy, abuse and neglect cases,
sterilization, transportation, voting and zoning.
B. Statutory Authority
The Developmental Disabilities Assistance and Bill of Rights Act,
as amended, 42 U.S.C. 6000 et seq.
C. Funding Period
In Fiscal Year 1995, ADD has set aside approximate $272,322 for
funding two American Indian Consortiums. Each grant will be approximate
$136,161. As specified in 45 CFR 1386.2 of the ADD regulations, Fiscal
Year 1995 funds must be obligated by September 30, 1996. These funds
must be liquidated by September 30, 1997, in accordance with 45 CFR
1386.3 of the ADD regulations. Funding is authorized through Fiscal
Year 1996. [[Page 20097]]
Part IV. Specific Responsibilities of the Applicant
An applicant under this announcement must:
A. Provide the resolutions from the participating tribes
designating the applicant to operate the Protection and Advocacy
system, to receive the federal funds available for this program, and to
be responsible for reporting and accounting for such funds to ADD.
B. Indicate that the System shall have the authority to:
1. Pursue legal, administrative, and other appropriate remedies or
approaches to ensure the protection of, and advocacy for, the rights of
individuals with developmental disabilities within the exterior
boundaries of the Tribes who are or who may be eligible for treatment,
services, or habilitation, or who are being considered for a change in
living arrangements, with particular attention to enrolled members of
the Tribes (142(a)(2)(A)(i));
2. Provide information on and referral to programs and services
addressing the needs of persons with developmental disabilities
(142(a)(2)(A)(ii));
3. Investigate incidents of abuse and neglect of persons with
developmental disabilities if the incidents are reported to the system
or if there is probable cause to believe that the incidents occurred
(142(a)(2)(B)); and
4. Educate policymakers (142(a)(2)(K)).
C. Specify that the system, on an annual basis:
1. Develops a statement of objectives and priorities for the
system's activities (142(a)(2)(C)); and
2. Provide to the public including individuals with developmental
disabilities attributable to either physical impairment, mental
impairments, and their representatives, as appropriate, or a
combination of physical or mental impairments, non-Tribal agency
representatives, and non-State agency representatives of the State
Developmental Disabilities Council, and the university affiliated
program (if applicable within a State,) an opportunity to comment on--
(a) The objectives and priorities established by the system and the
rationale for the establishment of such objectives; and
(b) The activities of the system, including the coordination with
the advocacy programs under the Rehabilitation Act of 1973, the Older
Americans Act of 1965, and the Protection and Advocacy for Mentally Ill
Individual Act of 1986 and with other related programs, including the
parent training and information centers, education ombudsman programs
and assistive technology projects (142(a)(2)(D)).
D. Demonstrate that the system:
1. Has or will establish a grievance procedure for clients or
prospective clients of the system to assure that persons with
developmental disabilities have full access to services of the system
(142(a)(2)(E));
2. Is not being administered by the State Developmental
Disabilities Council authorized under Part B (142(a)(2)(F));
3. Is independent of any agency which provides treatment, services,
or habilitation to individuals with developmental disabilities
(142(a)(2)(G));
4. Has access at reasonable times and locations to any resident who
is an individual with a developmental disability in a facility that is
providing services, supports, and other assistance to such a resident
(142(a)(2)(H));
5. Has access to all records of--
(a) Any individual with developmental disabilities who is a client
of the system if such individual, or the legal guardian, conservator,
or other legal representative of such individual, has authorized the
system to have such access (142(a)(2)(I)(i));
(b) Any individual with developmental disabilities--
(i) Who, by reason of such individual's mental or physical
condition, is unable to authorize the system to have access
(142(a)(2)(I)(ii)(I));
(ii) Who does not have a legal guardian, conservator, or other
legal representative, or for whom the legal guardian is the Tribe
(142(a)(2)(I)(ii)(II)); and
(iii) With respect to whom a complaint has been received by the
system or with respect to whom as a result of monitoring or other
activities there is probable cause to believe that such individual has
been subject to abuse or neglect (142(a)(2)(I)(ii)(III)); and
(c) Any individual with a developmental disability who has a legal
guardian, conservator, or other legal representative with respect to
whom a complaint has been received by the system or with respect to
whom there is probable cause to believe the health or safety of the
individual is in serious and immediate jeopardy whenever--
(i) Such representative has been contacted by the system upon
receipt of the name and address of such representative
(142(a)(2)(I)(iii)(I));
(ii) The system has offered assistance to such representative to
resolve the situation (142(a)(2)(I)(iii)(II)); and
(iii) Such representative have failed or refused to act on behalf
of the individual (142(a)(2)(I)(iii)(III));
6. Has hired and maintains sufficient numbers and types of staff,
qualified by training and experience, to carry out such system's
function except that such system shall not apply hiring freezes,
reductions in force, or prohibitions on staff travel, or other
policies, to the extent that such policies would impact staff or
functions funded with Federal funds and would prevent the system from
carrying out its functions under the Act (142(a)(2)(J));
7. Will provide assurances to the Secretary that funds awarded to
the consortium under this section will be used to supplement and
increase the level of funds that would otherwise be made available for
the purposes for which Federal funds are provided and not to supplant
such non-Federal funds (142(a)(2)(L)); and
8. Will submit to: Administration on Developmental Disabilities,
Division of Program Operation, Room 329-D, HHH Building, 200
Independence Avenue, SW, Washington, DC 20201 the following reports:
Financial status reports (269s) bi-annually, Program Performance Report
(PPRs) annually and the Statement of Objectives and Priorities (SOPs)
annually.
E. Describe how the system will assure that a multimember governing
board is selected according to the policies and procedures of the
system except that--
1. The governing board shall be composed of members who broadly
represent or are knowledgeable about the needs of the individuals
served by the system and include individuals with developmental
disabilities who are eligible for services, or have received or are
receiving services, or parents, family member, guardians, advocates, or
authorized representative of such individuals;
2. Not more than \1/3\ of the membership of the governing board may
be appointed by the chief executive officers of the tribes involved, in
the case of any tribe in which such officer has the authority to
appoint the membership of the board; and
3. Any vacancy in the board shall be filled not later than 60 days
after the date on which the vacancy occurs.
Part V. Intergovernmental Review of Federal Programs
This program is covered by the State Plan Consolidation Section of
E.O. 12372, but is excluded from intergovernmental consultation review.
[[Page 20098]]
Part VI. The Application Process
A. Application Submission
To be considered as an applicant for an allotment, interested
Consortiums must submit an application to the Administration for
Children and Families at the address specified in the Program
Announcement. There is no application kit; the Consortium's
applications may be in a format chosen by the applicant. It must,
however contain resolutions from two or more tribes and be signed by an
individual authorized to act for the applicant and to assume
responsibility for the obligations imposed by the terms and conditions
of the grant award and contain the following:
1. The name and Employer Identification Number (EIN) of the agency
designated by the Tribes to implement the Protection and Advocacy
system.
2. The name address, and telephone number of the director of the
system or a contact person, if different from the director.
3. Assurances that:
a. One signed original and two copies of the application including
all attachments, have been submitted on or before June 8, 1995 to:
Administration on Developmental Disabilities, Administration for
Children and Families, Department of Health and Human Services, Room
329-D, HHH Building, 200 Independence Avenue SW., Washington, DC 20201,
Attn: 93.630-95-1 American Indian Consortium.
b. Not more than five percent of the total funds will be used for
monitoring the administration of the system.
4. Appropriate Certifications:
a. Non-Profit Status. Any non-profit organization submitting an
application must submit proof of its non-profit status in its
application at the time of submission. The non-profit agency can
accomplish this by providing a copy of the applicant's listing in the
Internal Revenue Service's (IRS) most recent list of tax-exempt
organizations described in section 501(c)(3) of the IRS code or by
providing a copy of the currently valid IRS tax exemption certificate,
or by providing a copy of the articles of incorporation bearing the
seal of the State in which the corporation or association is domiciled.
b. Applicants requesting financial assistance for a non-
construction project must file the Standard Form 424B, ``Assurances:
Non-Construction Programs.'' Applicants must sign and return the
Standard Form 424B with their applications.
c. Lobbying. Prior to receiving an award in excess of $100,000,
applicants shall furnish an executed copy of the lobbying
certification. Applicants must sign and return the certification with
their applications.
d. Compliance with the Drug-Free Workplace Act of 1988. By signing
and submitting the applications, applicants are providing the
certification and need not mail back the certification with the
applications.
c. Debarment, suspension or otherwise ineligible for award. By
signing and submitting the applications, applicants are providing the
certification and need not mail back the certification with the
applications. Copies of the certifications and assurance are located at
the end of this announcement.
d. Certification regarding environmental tobacco smoke. By signing
and submitting this application the applicant/grantee certifies that it
will comply with the requirements of the Act. The applicant/grantee
further agrees that it will require the language of this certification
be included in any subawards which contain provisions for children's
services and that all subgrantees shall certify accordingly.
B. Application Consideration
The Commissioner of the Administration on Developmental
Disabilities determines the final action to be taken with respect to
each application received under this announcement. The following points
should be taken into consideration by all applicants:
Incomplete applications and applications that do not
conform to this announcement will not be accepted for review.
Applicants will be notified in writing of any such determinations by
ADD.
The Commissioner's funding decision takes into account the
analysis of the application, recommendation and comments of the Federal
reviewing officials.
The Commissioner makes grant awards consistent with the
purpose of the Act, all relevant statutory and regulatory requirements,
this program announcement, and the availability of funds.
Part VII. Review Process and Criteria
Applications submitted by the closing date and verified by the
postmark under this program announcement will undergo a pre-review to
determine:
That the applicant is eligible in accordance with the
definition of an American Indian Consortium in Part II; and
That the application forms and materials submitted are
adequate to allow an indepth evaluation (all required materials and
forms are included in this announcement)
Competing application from Consortiums will be reviewed and
evaluated against the following criteria.
A. Objectives and Priorities (60 points)
The applicant's description of objectives and priorities to be
established. Information provided in response to the items under Part
IV of this announcement ``Specific Responsibilities of the Applicant''
will be used to review and evaluate applications.
B. Approach (40 points)
The applicants description of the system's operations/approach
toward accomplishing the objectives and priorities. Evidence of the
applicant's ability to manage a P&A System is well defined.
Part VII. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, the
Department is required to submit to the Office of Management and Budget
(OMB) for review and approval any reporting and recordkeeping
requirements in regulations including program announcements. This
program announcement does not contain information collection
requirement beyond those approved for ADD.
Part VIII. Receipt of Applications
Applications shall be considered as meeting an announced deadline
if they are either:
1. Received on or before the deadline date at the Office specified
in this announcement; or
2. Sent on or before the deadline date and received by ACF in time
for the review. (Applicants are cautioned to request a legibly dated
U.S. Postal Service postmark or to obtain a legibly dated receipt from
a commercial carrier of U.S. Postal Services. Private metered postmarks
shall not be acceptable as proof of timely mailing).
A. Late Applications
Applications which do not meet the criteria stated above are
considered late applications. ACF/ADD shall notify each late applicant
that its application will not be considered in the competition.
B. Extension of Deadlines
ACF may extend the deadline for all applicants due to acts of God,
such as floods, hurricanes or earthquakes; or [[Page 20099]] when there
is a widespread disruption of the mails. However, if the granting
agency does not extend the deadline for all applicants, it may not
waive or extend the deadline for any applicant.
C. Effective Date
We anticipate that successful applications shall be funded no later
than June 30, 1995.
(Catalog of Federal Domestic Assistance Program Number 93.630
Developmental Disabilities--Protection and Advocacy Program)
Dated: April 17, 1995.
Bob Williams,
Commissioner, Administration on Developmental Disabilities.
Attachment A--Assurances--Non-Construction Programs
Note: Certain of these assurances may not be applicable to your
project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may
require applicants to certify to additional assurances. If such is
the case, you will be notified.
As the duly authorized representative of the applicant I certify
that the applicant:
1. Has the legal authority to apply for Federal assistance, and
the institutional, managerial and financial capability (including
funds sufficient to pay the non-Federal share of project costs) to
ensure proper planning, management and completion of the project
described in this application.
2. Will give the awarding agency, the Comptroller General of the
United States, and if appropriate, the State, through any authorized
representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted
accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970
(42 U.S.C. Secs. 4728-4763) relating to prescribed standards for
merit systems for programs funded under one of the nineteen statutes
or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 CFR 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
Secs. 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. Sec. 794), which prohibits discrimination on
the basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. Secs. 1601-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention. Treatment and Rehabilitation Act of 1970
(P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) Secs. 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. Sec. 3601 et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the
requirements of any other nondiscrimination statute(s) which may
apply to the application.
7. Will comply, or has already complied, with the requirements
of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real
property for project purposes regardless of Federal participation in
purchases.
8. Will comply with the provisions of the Hatch Act (5 U.S.C.
Secs. 1501-1508 and 7324-7328) which limit the political activities
of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. Secs. 276a to 276a-7), the Copeland Act (40
U.S.C. Sec. 276c and 18 U.S.C. Secs. 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. Secs. 327-333), regarding
labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster Protection Act
of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. Secs. 1451 et seq.); (f) conformity of Federal
actions to State (Clear Air) Implementation Plans under Section
176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. Sec. 7401
et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-
523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. Secs. 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of
assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. Secs. 4801 et seq.) which prohibits the use of lead
based paint in construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act of 1984.
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies governing
this program.
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Signature of Authorized Certifying Official
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Title
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Applicant Organization
Date Submitted--------------------------------------------------------
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, [[Page 20100]] 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 31,
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 required 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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Title
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Organization
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Date
BILLING CODE 4184-01-P
[[Page 20101]]
[GRAPHIC][TIFF OMITTED]TN24AP95.000
[[Page 20102]]
[GRAPHIC][TIFF OMITTED]TN24AP95.001
[[Page 20103]]
[GRAPHIC][TIFF OMITTED]TN24AP95.002
BILLING CODE 4484-01-C [[Page 20104]]
Attachment D--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 or 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.
Certificaiton 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,
Voluntary Exclusion-Lower Tier Covered Transactions. ``without
modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
Attachment E--Certification Regarding Environmental Tobacco Smoke
Public Law 103-227, Part C-Environmental Tobacco Smoke, also
known as the Pro-Children Act of 1994 (Act), requires that smoking
not be permitted in any portion of any indoor facility owned or
leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, education, or
library services to children under the age of 18, if the services
are funded by Federal programs either directly or through State or
local governments, by Federal grant, contract, loan, or loan
guarantee.The law does not apply to children's services provided in
private residences, facilities funded solely by Medicare or Medicaid
funds, and portions of facilities used for inpatient drug or alcohol
treatment. Failure to comply with the provisions of the law may
result in the imposition of an administrative compliance order on
the responsible entity.
By signing and submitting this application the applicant/grantee
certifies that it will comply with the requirements of the Act. The
applicant/grantee further agrees that it will require the language
of this certification be included in any subawards which contain
provisions for children's services and that all subgrantees shall
certify accordingly.
[FR Doc. 95-10029 Filed 4-21-95; 8:45 am]
BILLING CODE 4184-01-P
