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governmental entity (Federal, State, or <br />local) with commission of any of the <br />offenses enumerated in paragraph (b) of <br />this certification; and <br />d) have not within a 3-year period preceding <br />this contract had one or more public <br />transactions (Federal, State, or local) <br />terminated for cause or default. <br />Should the contractor not be able to provide <br />this certification, an explanation as to why <br />should be placed after the assurances page <br />in the contract. <br />The contractor agrees by signing this <br />contract that it will include, without <br />modification, the clause titled "Certification <br />Regarding Debarment, Suspension, In <br />eligibility, and Voluntary Exclusion--Lower <br />Tier Covered Transactions" in all lower tier <br />covered transactions (i.e., transactions with <br />sub-grantees and/or contractors) and in all <br />solicitations for lower tier covered <br />transactions in accordance with 45 CFR Part <br />76. <br />2. CERTIFICATION REGARDING DRUG- <br />FREE WORKPLACE REQUIREMENTS <br />The undersigned (authorized official signing <br />for the contracting organization) certifies that <br />the contractor will, or will continue to, provide <br />a drug-free workplace in accordance with 45 <br />CFR Part 76 by: <br />a) Publishing a statement notifying <br />employees that the unlawful <br />manufacture, distribution, dispensing, <br />possession or use of a controlled <br />substance is prohibited in the grantee's <br />workplace and specifying the actions that <br />will be taken against employees for <br />violation of such prohibition; <br />b) Establishing an ongoing drug-free <br />awareness program to inform employees <br />about <br />(1) The dangers of drug abuse in the <br />workplace; <br />(2) The contractor's policy of maintaining <br />a drug-free workplace; <br />(3) Any available drug counseling, <br />rehabilitation, and employee <br />assistance programs; and <br />(4) The penalties that may be imposed <br />upon employees for drug abuse <br />violations occurring in the workplace; <br />c) Making it a requirement that each <br />employee to be engaged in the <br />performance of the contract be given a <br />copy of the statement required by <br />paragraph (a) above; <br />d) Notifying the employee in the statement <br />required by paragraph (a), above, that, <br />as a condition of employment under the <br />contract, the employee will- <br />( 1) Abide by the terms of the statement; <br />and <br />(2) Notify the employer in writing of his or <br />her conviction for a violation of a criminal <br />drug statute occurring in the workplace <br />no later than five calendar days after <br />such conviction; <br />e) Notifying the agency in writing within ten <br />calendar days after receiving notice <br />under paragraph (d)(2) from an <br />employee or otherwise receiving actual <br />notice of such conviction. Employers of <br />convicted employees must provide <br />notice, including position title, to every <br />contract officer or other designee on <br />whose contract activity the convicted <br />employee was working, unless the <br />Federal agency has designated a central <br />point for the receipt of such notices. <br />Notice shall include the identification <br />number(s) of each affected grant; <br />f) Taking one of the following actions, <br />within 30 calendar days of receiving <br />notice under paragraph (d) (2), with <br />respect to any employee who is so <br />convicted- <br />(1) Taking appropriate personnel action <br />against such an employee, up to and <br />including termination, consistent with <br />the requirements of the Rehabilitation <br />Act of 1973, as amended; or <br />Washington State <br />Health Care Authority Page 46 of90 HCA Contract No. K3924