Acknowledgements and Certifications. CE acknowledges and certifies: 1. Annual payment of Texas franchise taxes is current, if CE is subject to the State of Texas franchise tax. A false statement regarding franchise tax status shall be treated as a material breach of this Agreement and may be grounds for termination of this Agreement at the option of TDA. If franchise tax payments become delinquent during the Agreement term, payments under this Agreement will be held until the CE’s delinquent franchise tax is paid in full. 2. That neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency or by the State of Texas. CE shall immediately provide written notice to the TDA if at any time the CE learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. CE may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows or has reason to know that the certification is erroneous. CE also specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding the CE’s status will be treated as a material breach of this contract and may be grounds for termination of this Agreement at the option of TDA. 3. Understanding of and compliance with the following: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the CE, 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 f ederal 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. b. 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 a Member of Congress in connection with this federal contract, contract, grant, loan, or cooperative agreement, the CE shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. c. The CE shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly. d. CE understands that 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. 4. Committing fraud or abuse of the FMNP may subject the CE to criminal prosecution under applicable federal, state or local laws, in addition to sanctions imposed by TDA. 5. The CE’s suspension or disqualification from any other Food and Nutrition Service Program may result in an automatic suspension or disqualification from the FMNP. 6. Compliance with drug-free workplace requirements in 2 CFR Part 421, which adopts the Government-wide implementation (2 CFR Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 7. CE agrees to use any information that is received in its capacity as a contractor to the TDA – whether written or oral, formal or informal – for the following purposes only: a. To provide services and/or deliverables required or requested under this Agreement; b. To provide advice, opinion, or recommendation requested by the TDA in the course of fulfilling the duties prescribed under this Agreement; c. To assist the TDA in developing any documents, reports, working papers, evaluations, schedules, or instructions necessary to fulfill the requirements of this Agreement. CE further agrees to regard any such information as confidential and shall not disclose, reveal, communicate, impart, or divulge the information of any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances: a. When authorized in writing by the TDA; b. When required by court order, subpoena, or ruling of the Attorney General of Texas; c. When advised by legal counsel that disclosure is required by law or legal process; d. When the information has previously been released to the general public by the TDA; e. When required to brief or inform a superior, provided the superior is inf ormed of nondisclosure requirements. 8. Compliance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture nondiscrimination regulations (7 CFR Parts 15, 15a and 15b), and FNS Instructions as outlined in 7 CFR § 248.7.
Appears in 1 contract
Acknowledgements and Certifications. CE acknowledges and certifies:
1. Annual payment of Texas franchise taxes is current, if CE is subject to the State of Texas franchise tax. A false statement regarding franchise tax status shall be treated as a material breach of this Agreement and may be grounds for termination of this Agreement at the option of TDA. If franchise tax payments become delinquent during the Agreement term, payments under this Agreement will be held until the CE’s delinquent franchise tax is paid in full.
2. That neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency or by the State of Texas. CE shall immediately provide written notice to the TDA if at any time the CE learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. CE may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows or has reason to know that the certification is erroneous. CE also specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding the CE’s status will be treated as a material breach of this contract and may be grounds for termination of this Agreement at the option of TDA.
3. Understanding of and compliance with the following:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the CE, 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 f ederal 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.
b. 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 a Member of Congress in connection with this federal contract, contract, grant, loan, or cooperative agreement, the CE shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
c. The CE shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
d. CE understands that 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.
4. Committing fraud or abuse of the FMNP may subject the CE to criminal prosecution under applicable federal, state or local laws, in addition to sanctions imposed by TDA.
5. The CE’s suspension or disqualification from any other Food and Nutrition Service Program may result in an automatic suspension or disqualification from the FMNP.
6. Compliance with drug-free workplace requirements in 2 CFR Part 421, which adopts the Government-wide implementation (2 CFR Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
7. CE agrees to use any information that is received in its capacity as a contractor to the TDA – whether written or oral, formal or informal – for the following purposes only:
a. To provide services and/or deliverables required or requested under this Agreement;
b. To provide advice, opinion, or recommendation requested by the TDA in the course of fulfilling the duties prescribed under this Agreement;
c. To assist the TDA in developing any documents, reports, working papers, evaluations, schedules, or instructions necessary to fulfill the requirements of this Agreement. CE further agrees to regard any such information as confidential and shall not disclose, reveal, communicate, impart, or divulge the information of any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances:
a. When authorized in writing by the TDA;
b. When required by court order, subpoena, or ruling of the Attorney General of Texas;
c. When advised by legal counsel that disclosure is required by law or legal process;
d. When the information has previously been released to the general public by the TDA;
e. When required to brief or inform a superior, provided the superior is inf ormed informed of nondisclosure requirements.
8. Compliance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture nondiscrimination regulations (7 CFR Parts 15, 15a and 15b), and FNS Instructions as outlined in 7 CFR § 248.7.
Appears in 1 contract
Acknowledgements and Certifications. CE SDA acknowledges and certifies:
1. Annual payment of Texas franchise taxes is current, if CE SDA is subject to the State of Texas franchise tax. A false statement regarding franchise tax status shall be treated as a material breach of this Agreement and may be grounds for termination of this Agreement at the option of TDACE. If franchise tax payments become delinquent during the Agreement term, payments under this Agreement will be held until the CESDA’s delinquent franchise tax is paid in full.
2. That neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency or by the State of Texas. CE SDA shall immediately provide written notice to the TDA CE if at any time the CE SDA learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. CE SDA may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows or has reason to know that the certification is erroneous. CE SDA also specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding the CESDA’s status will be treated as a material breach of this contract and may be grounds for termination of this Agreement at the option of TDA.
3. Understanding of and compliance with the following:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the CESDA, 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 f ederal 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.
b. 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 a Member of Congress in connection with this federal contract, contract, grant, loan, or cooperative agreement, the CE SDA shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
c. The CE SDA shall require that the language of this certification be included in the award documents for all sub-awards subawards at all tiers (including subcontracts, sub-grantssubgrants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients subreceipients shall certify and disclose accordingly.
d. CE SDA understands that 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.
4. Committing fraud or abuse of the FMNP SFMNP may subject the CE SDA to criminal prosecution under applicable federal, state or local laws, in addition to sanctions imposed by TDAthe State.
5. The CESDA’s suspension or disqualification from any other Food and Nutrition Service Program may result in an automatic suspension or disqualification from the FMNPSFMNP.
6. Compliance with drug-free workplace requirements in 2 CFR Part part 421, which adopts the Government-wide Governmentwide implementation (2 CFR Part part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
7. CE SDA agrees to use any information that is received in its capacity as a contractor to the TDA CE – whether written or oral, formal or informal – for the following purposes only:
a. To provide services and/or deliverables required or requested under this Agreement;
b. To provide advice, opinion, opinion or recommendation requested by the TDA CE in the course of fulfilling the duties prescribed under this Agreement;
c. To assist the TDA CE in developing any documents, reports, working papers, evaluations, schedules, or instructions necessary to fulfill the requirements of this Agreement. CE SDA further agrees to regard any such information as confidential and shall not disclose, reveal, communicate, impart, impart or divulge the information of any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances:
a. When authorized in writing by the TDACE;
b. When required by court order, subpoena, or ruling of the Attorney General of Texas;
c. When advised by legal counsel that disclosure is required by law or legal process;
d. When the information has previously been released to the general public by the TDACE;
e. When required to brief or inform a superior, provided the superior is inf ormed in informed of nondisclosure requirements.
8. Compliance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture nondiscrimination regulations (7 CFR Parts 15, 15a and 15b), and FNS Instructions as outlined in 7 CFR § 248.7249.7.
Appears in 1 contract
Acknowledgements and Certifications. CE SDA acknowledges and certifies:
1. Annual payment of Texas franchise taxes is current, if CE SDA is subject to the State of Texas franchise tax. A false statement regarding franchise tax status shall be treated as a material breach of this Agreement and may be grounds for termination of this Agreement at the option of TDACE. If franchise tax payments become delinquent during the Agreement term, payments under this Agreement will be held until the CESDA’s delinquent franchise tax is paid in full.
2. That neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency or by the State of Texas. CE SDA shall immediately provide written notice to the TDA CE if at any time the CE SDA learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. CE SDA may rely upon a certification of a subcontractor that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows or has reason to know that the certification is erroneous. CE SDA also specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regarding the CESDA’s status will be treated as a material breach of this contract and may be grounds for termination of this Agreement at the option of TDA.
3. Understanding of and compliance with the following:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the CESDA, 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 f ederal 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.
b. 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 a Member of Congress in connection with this federal contract, contract, grant, loan, or cooperative agreement, the CE SDA shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
c. The CE SDA shall require that the language of this certification be included in the award documents for all sub-awards subawards at all tiers (including subcontracts, sub-grantssubgrants, and contracts under grants, loans, and cooperative agreements) and that all sub- recipients subreceipients shall certify and disclose accordingly.
d. CE SDA understands that 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.
4. Committing fraud or abuse of the FMNP SFMNP may subject the CE SDA to criminal prosecution under applicable federal, state or local laws, in addition to sanctions imposed by TDAthe State.
5. The CESDA’s suspension or disqualification from any other Food and Nutrition Service Program may result in an automatic suspension or disqualification from the FMNPSFMNP.
6. Compliance with drug-free workplace requirements in 2 CFR Part part 421, which adopts the Government-wide Governmentwide implementation (2 CFR Part part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
7. CE SDA agrees to use any information that is received in its capacity as a contractor to the TDA CE – whether written or oral, formal or informal – for the following purposes only:
a. To provide services and/or deliverables required or requested under this Agreement;
b. To provide advice, opinion, opinion or recommendation requested by the TDA CE in the course of fulfilling the duties prescribed under this Agreement;
c. To assist the TDA CE in developing any documents, reports, working papers, evaluations, schedules, or instructions necessary to fulfill the requirements of this Agreement. CE SDA further agrees to regard any such information as confidential and shall not disclose, reveal, communicate, impart, impart or divulge the information of any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances:
a. When authorized in writing by the TDACE;
b. When required by court order, subpoena, or ruling of the Attorney General of Texas;
c. When advised by legal counsel that disclosure is required by law or legal process;
d. When the information has previously been released to the general public by the TDACE;
e. When required to brief or inform a superior, provided the superior is inf ormed in informed of nondisclosure requirements.
8. Compliance with the requirements of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture nondiscrimination regulations (7 CFR Parts 15, 15a and 15b), and FNS Instructions as outlined in 7 CFR § 248.7249.7.
Appears in 1 contract