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44. Will not make any award or permit any award (subgrant or contract) to any party which <br />is debarred or suspended or is otherwise excluded from or ineligible for participation in <br />Federal assistance programs under Executive Order 12549 and 12689, "Debarment and <br />Suspension". <br />45. As required by Executive Order 12549, Debarment and Suspension, and implemented at <br />44 CFR Part 17, for prospective participants in primary covered transactions, <br />a. The applicant certifies that it and its principals: <br />i. Are not presently debarred, suspended, proposed for debarment, declared <br />ineligible, sentenced to a denial of Federal benefits by a State or Federal <br />court, or voluntarily excluded from covered transactions by any Federal <br />department or agency. <br />ii. Have not within a three-year period preceding this application been convicted <br />of or had a civil judgment rendered against them for commission of fraud or a <br />criminal offense in connection with obtaining, attempting to obtain, or <br />performing a public (Federal, State, or local) transaction or contract under a <br />public transaction; violation of Federal or State antitrust statutes or <br />commission of embezzlement, theft, forgery, bribery, falsification or <br />destruction of records, making false statements, or receiving stolen property. <br />iii. Are not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of the <br />offenses enumerated in paragraph (1)(b) of this certification; and have not <br />within a three-year period preceding this application had one or more public <br />transactions (Federal, State, or local) terminated for cause or default; and <br />b. Where the applicant is unable to certify to any of the statements in this certification, <br />he or she shall attach an explanation to this application. <br />46. Agrees to comply with the Drug-Free Workplace Act of 1988, and certifies that it will or <br />will continue to provide a drug-free workplace by: <br />a. Publishing a statement notifying employees that the unlawful manufacture, <br />distribution, dispensing, possession, or use of a controlled substance is prohibited <br />in the grantee's workplace and specifying the actions that will be taken against <br />employees for violation of such prohibition. <br />b. Establishing an on-going drug-free awareness program to inform employees about: <br />i. The dangers of drug abuse in the workplace; <br />ii. The grantee's policy of maintaining a drug-free workplace; <br />iii. Any available drug counseling, rehabilitation, and employee assistance <br />programs; and <br />iv. The penalties that may be imposed upon employees for drug abuse violations <br />occurring in the workplace. <br />C. Making it a requirement that each employee to be engaged in the performance of <br />the grant be given a copy of the statement required by paragraph (a). <br />d. Notifying the employee in the statement required by paragraph (a) that, as a <br />condition of employment under the grant, the employee will <br />i. Abide by the terms of the statement; and <br />ii. Notify the employer in writing of his or her conviction for a violation of a <br />criminal drug statute occurring in the workplace no later than five calendar <br />days after such conviction. <br />36 <br />20A-42