Certifications and Representations
Federal awarding agencies are authorized to require the non-Federal entity to submit certifications and representations required by Federal statutes or regulations. NIFA obtains the required certifications and representation as part of an application for NIFA support.
- Certification for Authorized Representative (AR): When signing an application (electronic submission through Grants.gov), the AR is providing the certification for the accuracy and completeness of statements contained in the application, as well as to certify that the organization (or individual) agrees to accept the obligation to comply with award terms and conditions.
- Drug-Free Workplace: When signing an application, the AR is providing the required certification regarding the Drug-Free Workplace Act. Form AD-1047 contains the certification and can be viewed via the following link http://www.ocio.usda.gov/document/ad-1049. The certification for individuals can be viewed via http://www.ocio.usda.gov/document/ad-1050. The certification form does not need to accompany the application.
- Debarment and Suspension: When signing an application, the AR is providing the required certification regarding the Debarment and Suspension. Form AD-1047 contains the certification and can be viewed via the following link http://www.ocio.usda.gov/document/ad-1047. If the project will involve a subcontractor or consultant, the subcontractor/consultant should submit a Form AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions, to the grantee organization for retention in their records (see http://www.ocio.usda.gov/document/ad-1048). The certification(s) form(s) does not need to accompany the application.
- Certification Regarding Lobbying: When an application exceeds $100,000, the AR is required to complete a certification regarding lobbying restrictions. The Certification for Lobbying can be viewed via https://apply07.grants.gov/apply/forms/sample/SFLLL_1_2-V1.2.pdf. If the Standard Form-LLL must be completed and submitted, this is to be done in accordance with instructions in the NIFA Grants.gov Application Guide that is part of the funding opportunity package. The certification(s) form does not need to accompany the application.
- Certification Regarding Civil Rights Compliance: The AR is required to complete a certification regarding civil rights compliance. When signing an application, the AR is providing the certification that it will offer its programs to all eligible persons without regard to race, color, national origin, sex, disability, age, political beliefs, religion, marital status, or familial status and that people will not be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department of Agriculture; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees.
- Certification Regarding Unpaid Federal Tax Liability: If the proposer is a corporation, the AR (or equivalent) is required to complete a certification that the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. NIFA provides a suggested template (available at https://nifa.usda.gov/resource/application-support-templates) in order to provide this required certification (Federal agencies excepted). Instructions for completing and including the information as part of the application are included in the NIFA Grants.gov Application Guide (the guide is part of the funding opportunity package).
- Certification Regarding Criminal Convictions: If the proposer is a corporation, the AR (or equivalent) is required to complete a certification that the corporation has not been convicted of a felony criminal violation under any Federal or State law within the 24 months preceding the date on which the certification is signed. NIFA provides a suggested template (available at https://nifa.usda.gov/resource/application-support-templates) in order to provide this required certification (Federal agencies excepted). Instructions for completing and including the information as part of the application are included in the NIFA Grants.gov Application Guide (the guide is part of the funding opportunity package).
- Representation Regarding Prohibition on Certain Internal Confidentiality Agreements: When signing an application, the AR is providing the representation that the applicant does not require any of its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting those employees, contractors, or subrecipients from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. Note that: (1) the basis for this representation is a prohibition in sections 743 and 744 of the Consolidated Appropriations Act, 2016, Pub. L. 114-113 (Division E, Title VII, General Provisions Government-wide) and any successor provisions of law on making funds available through grants and cooperative agreements to entities with certain internal confidentiality agreements or statements; and (2) section 744 states that it does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
Certification Regarding Industrial Hemp: When signing the application (electronic submission through Grants.gov), the Authorized Organizational Representative is providing certification that if they grow, cultivate, or market industrial hemp under the proposed project, the organization will comply with all terms and conditions set by the applicant's State agency regarding industrial hemp growth, cultivation, and marketing. For this purpose, the term "industrial hemp" includes the plant Cannabis sativa L. and any part or derivative of such plant, including seeds of such plant, whether growing or not, that is used exclusively for industrial purposes (fiber and seed) with a tetrahydrocannabinols concentration of not more than 0.3 percent on a dry weight basis. The term "tetrahydrocannabinols" includes all isomers, acids, salts, and salts of isomers of tetrahydrocannabinols. For further information see www.nifa.usda.gov/industrial-hemp.
- See Part V. J. of the NIFA Policy Guide for additional information.