21.110—Certification and disclosure.
(a)
Each person shall file a certification, and
a disclosure form, if required, with each
submission that initiates agency consideration of
such person for:
(2)
An award of a Federal loan or a commitment
providing for the United States to insure or
guarantee a loan exceeding $150,000.
(b)
Each person shall file a certification, and
a disclosure form, if required, upon receipt by
such person of:
(2)
A Federal loan or a commitment providing
for the United States to insure or guarantee a
loan exceeding $150,000, unless such person
previously filed a certification, and a disclosure
form, if required, under paragraph (a) of this
section.
(c)
Each person shall file a disclosure form at
the end of each calendar quarter in which there
occurs any event that requires disclosure or that
materially affects the accuracy of the information
contained in any disclosure form previously filed
by such person under paragraph (a) or (b) of this
section. An event that materially affects the
accuracy of the information reported includes:
(1)
A cumulative increase of $25,000 or more in
the amount paid or expected to be paid for
influencing or attempting to influence a covered
Federal action; or
(2)
A change in the person(s) or individual(s)
influencing or attempting to influence a covered
Federal action; or,
(3)
A change in the officer(s), employee(s), or
Member(s) contacted to influence or attempt to
influence a covered Federal action.
(d)
Any person who requests or receives from a
person referred to in paragraph (a) or (b) of this
section:
(3)
A contract or subcontract exceeding
$100,000 at any tier under a Federal loan
exceeding $150,000; or,
(4)
A contract or subcontract exceeding
$100,000 at any tier under a Federal cooperative
agreement, shall file a certification, and a
disclosure form, if required, to the next tier
above.
(e)
All disclosure forms, but not
certifications, shall be forwarded from tier to
tier until received by the person referred to in
paragraph (a) or (b) of this section. That person
shall forward all disclosure forms to the
agency.
(f)
Any certification or disclosure form filed
under paragraph (e) of this section shall be
treated as a material representation of fact upon
which all receiving tiers shall rely. All
liability arising from an erroneous representation
shall be borne solely by the tier filing that
representation and shall not be shared by any tier
to which the erroneous representation is
forwarded. Submitting an erroneous certification
or disclosure constitutes a failure to file the
required certification or disclosure,
respectively. If a person fails to file a required
certification or disclosure, the United States may
pursue all available remedies, including those
authorized by section 1352, title 31, U.S.
Code.
(g)
For awards and commitments in process prior
to December 23, 1989, but not made before that
date, certifications shall be required at award or
commitment, covering activities occurring between
December 23, 1989, and the date of award or
commitment. However, for awards and commitments in
process prior to the December 23, 1989 effective
date of these provisions, but not made before
December 23, 1989, disclosure forms shall not be
required at time of award or commitment but shall
be filed within 30 days.
(h)
No reporting is required for an activity
paid for with appropriated funds if that activity
is allowable under either subpart B or C.