[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR22.510]



[Page 82-83]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 22_DoD GRANTS AND AGREEMENTS_AWARD AND ADMINISTRATION--Table of 

Contents

 

                    Subpart E_National Policy Matters

 

Sec.  22.510  Certifications, representations, and assurances.



    (a) Certifications--(1) Policy. Certifications of compliance with 

national policy requirements are to be obtained from recipients only for 

those national policies where a statute, Executive order, or codified 

regulation specifically states that a certification is required. Other 

national policy requirements may be addressed by obtaining 

representations or assurances (see paragraph (b) of this section). 

Grants officers should utilize methods for obtaining certifications, in 

accordance with Executive Order 12866 (3 CFR, 1993 Comp., p. 638), that 

minimize administration and paperwork.

    (2) Procedures. (i) When necessary, grants officers may obtain 

individual, written certifications.

    (ii) Whenever possible, and to the extent consistent with statute 

and codified regulation, grants officers should identify the 

certifications that are required for the particular type of recipient 

and program, and consolidate them into a single certification provision 

that cites them by reference.

    (A) If a grants officer elects to have proposers incorporate 

certifications by reference into their proposals, he or she must do so 

in one of the two following ways. When required by statute or codified 

regulation, the solicitation must include the full text of the 

certifications that proposers are to provide by reference. In other 

cases, the grants officer may include language in the solicitation that 

informs the proposers where the full text may be found (e.g., in 

documents or computer network sites that are readily available to the 

public) and offers to provide it to proposers upon request.

    (B) Appendix A to this part provides language that may be used for 

incorporating by reference the certification on lobbying, which 

currently is the only certification requirement that commonly applies to 

DoD grants and agreements. Because that certification is required by law 

to be submitted at the time of proposal, rather than at the time of 

award, Appendix A includes language to incorporate the certification by 

reference into a proposal.

    (C) Grants officers may incorporate certifications by reference in 

award documents when doing so is consistent with statute and codified 

regulation (that is not the case for the lobbying certification 

addressed in paragraph



[[Page 83]]



(a)(2)(ii)(B) of this section). The provision that a grants officer 

would use to incorporate certifications in award documents, when 

consistent with statute and codified regulation, would be similar to the 

provision in Appendix A to this part, except that it would be modified 

to state that the recipient is providing the required certifications by 

signing the award document or by accepting funds under the award.

    (b) Representations and assurances. Many national policies, either 

in statute or in regulation, require recipients of grants and 

cooperative agreements to make representations or provide assurances 

(rather than certifications) that they are in compliance with the 

policies. As discussed in Sec.  22.610(b), Appendix B to this part 

suggests award terms and conditions that may be used to address several 

of the more commonly applicable national policy requirements. These 

terms and conditions may be used to obtain required assurances and 

representations, if the grants officer wishes to do so at the time of 

award, rather than through the use of the standard application form (SF-

424 \8\) or other means at the time of proposal.

---------------------------------------------------------------------------



    \8\ For copies of Standard Forms listed in this part, contact 

regional grants administration offices of the Office of Naval Research. 

Addresses for the offices are listed in the ``Federal Directory of 

Contract Administration Services (CAS) Components,'' which may be 

accessed through the Defense Contract Management Agency homepage at: 

http://www.dcma.mil.



[63 FR 12164, Mar. 12, 1998, as amended at 70 FR 49464, Aug. 23, 2005]