Family Violence Prevention and Services Program

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.

-----------------------------------------------------------------------

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 (202) 401-5529.

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 (602) 280-1315.

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 (501) 682-1074.

California

Glenn Stober, Grants Coordinator, Office of Planning and Research, 1400

Tenth Street, Sacramento, California 95814,Telephone (916) 323-7480.

Colorado

State Single Point of Contact, State Clearinghouse, Division of Local

Government, 1313 Sherman Street, room 520, Denver, Colorado 80203,

Telephone (303) 866-2156.

Delaware

Ms. Francine Booth, State Single Point of Contact, Executive

Department, Thomas Collins Building, Dover, Delaware 19903, Telephone

(302) 736-3326.

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 (202) 727-6551.

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 (904) 488-8441.

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 (317) 232-5610.

Iowa

Mr. Steven R. McCann, Division of Community Progress, Iowa Department

of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309,

Telephone (515) 281-3725.

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 (207) 289-3261.

Maryland

Ms. Mary Abrams, Chief, Maryland State Clearinghouse, Department of

State Planning, 301 West Preston Street, Baltimore, Maryland 21201-

2365, Telephone (301) 225-4490.

Massachusetts

Karen Arone, State Clearinghouse, Executive Office of Communities and

Development, 100 Cambridge Street, room 1803, Boston, Massachusetts

02202, Telephone (617) 727-7001.

Michigan

Richard S. Pastula, Director, Michigan Department of Commerce, Lansing,

Michigan 48909, Telephone (517) 373-7356.

Mississippi

Ms. Cathy Mallette, Clearinghouse Officer, Office of Federal Grant

Management and Reporting, 301 West Pearl Street, Jackson, Mississippi

39203, Telephone (601) 960-2174.

Missouri

Ms. Lois Pohl, Federal Assistance Clearinghouse, Office of

Administration, P.O. Box 809, room 430, Truman Building, Jefferson

City, Missouri 65102, Telephone (314) 751-4834.

Nevada

Department of Administration, State Clearinghouse, Capitol Complex,

Carson City, Nevada 89710, Telephone (702) 687-4065, 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 (609) 292-6613.

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 (609) 292-9025.

New Mexico

George Elliott, Deputy Director, State Budget Division, room 190,

Bataan Memorial Building, Santa Fe, New Mexico 87503, Telephone (505)

827-3640, FAX (505) 827-3006.

New York

New York State Clearinghouse, Division of the Budget, State Capitol,

Albany, New York 12224, Telephone (518) 474-1605.

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 (919) 733-7232.

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 (701) 224-2094.

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

(614) 466-0698.

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 (401) 277-2656.

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 (803) 734-0494.

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 (615) 741-1676.

Texas

Mr. Thomas Adams, Governor's Office of Budget and Planning, P.O. Box

12428, Austin, Texas 78711, Telephone (512) 463-1778.

Utah

Utah State Clearinghouse, Office of Planning and Budget, Attn: Carolyn

Wright, room 116 State Capitol, Salt Lake City, Utah 84114, Telephone

(801) 538-1535.

Vermont

Mr. Bernard D. Johnson, Assistant Director, Office of Policy Research &

Coordination, Pavilion Office Building, 109 State Street, Montpelier,

Vermont 05602, Telephone (802) 828-3326.

West Virginia

Mr. Fred Cutlip, Director, Community Development Division, West

Virginia Development Office, Building #6, room 553, Charleston, West

Virginia 25305, telephone (304) 348-4010.

Wisconsin

Mr. William C. Carey, Federal/State Relations, Wisconsin Department of

Administration, 101 South Webster Street, P.O. Box 7864, Madison,

Wisconsin 53707, Telephone (608) 266-0267.

Wyoming

Sheryl Jeffries, State Single Point of Contact, Herschler Building, 4th

Floor, East Wing, Cheyenne, Wyoming 82002, Telephone (307) 777-7574.

Guam

Mr. Michael J. Reidy, Director, Bureau of Budget and Management

Research, Office of the Governor, P.O. Box 2950, Agana, Guam 96910,

Telephone (671) 472-2285.

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 (809) 727-4444.

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.

----------------------------------------------------------------------

Signature

----------------------------------------------------------------------

Title

----------------------------------------------------------------------

Organization

----------------------------------------------------------------------

Date

BILLING CODE 4184-01-C

TN18MR94.005

BILLING CODE 4184-01-C

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

TN18MR94.006

TN18MR94.007

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

BILLING CODE 4184-01-C