According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it
displays a valid OMB control number. This collection is based upon OBM control number 1505-0250. The time required to complete
this information collection is estimated to average 10 hours, including the time to review instructions, search existing data resources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Comments concerning the
accuracy of the time estimate and suggestions for reducing this burden should be directed to the Department of the Treasury,
RESTORE Act Program, 1500 Pennsylvania Ave., NW, Washington, DC 20005.
RESTORE Council Applicant Certifications
Gulf Coast Ecosystem Restoration Council
Based on OMB Approval No. 1505-0250
Directions: These certifications are required by federal law and Department of the Treasury (Treasury) regulations to be submitted
with each application to The Gulf Coast Ecosystem Restoration Council (the Council) for financial assistance under the RESTORE
Act Council-Selected Restoration Component or Spill Impact Component. The certifications must be signed by an authorized senior
official of the Applicant who can legally bind the entity and has oversight for the administration and use of the Comprehensive Plan
or Spill Impact Component funds.
A. RESTORE Act Certification
Pursuant to the RESTORE Act, I certify that for any award Agreement
resulting from this application:
1. Each activity funded under this Agreement has been primarily
designed to plan for or undertake activities to restore and protect the
natural resources, ecosystems, fisheries, marine and wildlife habitats,
beaches, coastal wetlands, or economy of the Gulf Coast region.
2. Each activity funded under this Agreement is designed to carry out
one or more of the eligible activities for the Council Selected
Restoration Component or Spill Impact Component.
3. Each activity funded under this Agreement, other than planning
assistance, was part of a plan made available for public review and
comment in a manner calculated to obtain broad-based participation
from individuals, businesses, Indian tribes, and nonprofit organizations,
and that the activity was selected after consideration of meaningful
input from the public, as described in the grant application.
4. Each activity funded under this Agreement that protects or restores
natural resources is based on the best available science, as that term
is defined in 31 C.F.R. Part 34.
5. This recipient has procedures in place for procuring property and
services under this award that are consistent with the procurement
standards applying to Federal grants. This recipient will not request
funds under this award for any contract unless this certification remains
true and accurate.
6. Pursuant to 2 C.F.R. § 200.303, this recipient will establish and
maintain effective internal control over any award made based on this
application that provides reasonable assurance that this recipient is
managing the award in compliance with Federal statutes, regulations,
and the terms and conditions of the award. No material deficiencies in
this recipient’s internal controls are known.
7. A conflict of interest policy consistent with 2 C.F.R. § 200.318(c) is in
effect and covering each activity funded under this Agreement.
8. This recipient will comply with Title VI of the Civil Rights Act of 1964,
the Rehabilitation Act of 1973, and all other applicable federal laws and
regulations concerning anti-discrimination.
I make each of these certifications based on my personal knowledge
and belief after reasonable and diligent inquiry, and I affirm that this
Applicant maintains written documentation sufficient to support each
certification made above, and that this Applicant’s compliance with
each of these certifications is a condition of this Applicant’s initial and
continuing receipt and use of the funds provided under this Agreement.
B. Certification Regarding Debarment, Suspension,
and Other Responsibility Matters -- Primary Covered
Transactions
Instructions: The inability of an applicant to provide the certification
required below will not necessarily result in the denial of participation in
this covered transaction. The prospective Applicant shall submit an
explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in connection with the
Council’s approval of the proposed Application. However, failure of the
Applicant to furnish a certification or an explanation shall disqualify
such person/entity from participation in this transaction. Please be
advised of the following:
1. This certification is a material representation of fact upon which
reliance is placed when the Council determines to enter into this
transaction. If it is later determined that the Applicant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal government, the Council may terminate this
transaction for cause or default.
2. The Applicant shall provide immediate written notice to the Council if
at any time the Applicant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
3. The terms “covered transactions,” “debarred,” “suspended,”
“ineligible,” “lower tier covered transaction,” “participant,” “person,”
“primary covered transaction,” “principal,” “proposal”, and “voluntarily
excluded,” as used in this clause (certification), have the meanings set
out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549. You may contact the Council for assistance in
obtaining a copy of those regulations (31 C.F.R. Part 19).
4. The Applicant agrees by submitting this Application that, should the
proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the
Council.
5. The Applicant further agrees by submitting this Application that it will
include the clause titled “Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,” to be provided by the Council, without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions (see 31 C.F.R. Part 19, Appendix).
6. A participant in a covered transaction may rely upon a certification of
a prospective participant in a lower tier covered transaction that it is not
debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is
not required to, check the Nonprocurement List.
7. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
8. Except for transactions authorized under paragraph 4 of this
certification, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this