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fraud or a criminal offense in connection with obtaining, attempting to obtain, <br />or 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 />(c) Are not presently indicted for or otherwise criminally or civilly charged <br />by a governmental entity (Federal, State, or local) with commission of any <br />of the offenses enumerated in paragraph (1)(b) of this certification; and <br />(d) Have not within athree-year period preceding this application had one <br />or more public transactions (Federal, State, or local) terminated for cause or <br />default; and <br />B. Where the applicant is unable to certify to any of the statements in this <br />certification, he or she shall attach an explanation to this application. <br />38. As required by the Drug-Free Workplace Act of 1988, and implemented at 28 <br />CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections <br />67.615 and 67.620 <br />A. The applicant certifies that it will or will continue to provide adrug-free <br />workplace by: <br />(a) Publishing a statement notifying employees that the unlawful <br />manufacture, distribution, dispensing, possession, or use of a controlled <br />substance is prohibited in the grantee's workplace and specifying the <br />actions that will be taken against employees for violation of such <br />prohibition; <br />(b) Establishing an on-going drug-free awareness program to inform <br />employees about: <br />(1) The dangers of drug abuse in the workplace; <br />(2) The grantee's policy ofmaintaining adrug-free workplace; <br />(3) Any available drug counseling, rehabilitation, and employee <br />assistance programs; and <br />(4) The penalties that maybe imposed upon employees for drug <br />abuse violations occurring in the workplace; <br />(c) Making it a requirement that each employee to be engaged in the <br />performance of the grant be given a copy of the statement required by <br />paragraph (a); <br />(d) Notifying the employee in the statement required by paragraph (a) that, <br />as a condition of employment under the grant, the employee will <br />(1) Abide by the terms of the statement; and <br />(2) Notify the employer in writing of his or her conviction for a violation <br />of a criminal drug statute occurring in the workplace no later than five <br />29 <br />