Ad 1050 Certification Regarding Drug-free Workplace Requirements (grants) Alternative Ii - For Grantees Who Are Individuals

U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALTERNATIVE II - FOR GRANTEES WHO ARE INDIVIDUALS
This certification is required by the regulations implementing Section 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F, Section
3017.600, Purpose. The January 13, 1989, regulations were amended and published as Part II of the May 25,
1990 Federal Register (pages 21681-21691). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency offering the grant.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS BELOW)
Alternative II
(a)

The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any
activity with the grant.

(b)

If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any
grant activity, he or she will report the conviction, in writing, within 10 calendar days of the
conviction, to the grant officer or other designee, unless the Federal agency designates a central point
for the receipt of such notices, When notice is made to such a central point, it shall include the
identification number(s) of each affected grant.

Organization Name

Award Number or Project Name

Name and Title(s) of Authorized Representative(s)

Signature(s)

Date

INSTRUCTIONS FOR CERTIFICATION
1.

By signing and submitting this form, the grantee is providing the certification set out on page 1.

2.

The certification set out on page 1 is a material representation of fact upon which reliance is placed when
the agency awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Ace, the agency, in
addition to any other remedies available to the Federal Government, may take action authorized under
the Drug-Free Workplace Act.
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Form AD-1050 (REV 1/92)

Clear Form

3.

Workplaces under grants, for grantees other than individual, need not be identified on the certification.
If known, they may be identified in the grant application. If the grantee does not identify the workplaces
at the time of application, or upon award, if there is no application, the grantee must keep the identity
of the workplace(s) on file in its office and make the information available for Federal inspection.
Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace
requirements.

4.

Workplace identifications must include the actual address of buildings (or parts of buildings) or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of
a mass transit authority or State highway department while in operation, State employees in each local
unemployment office, performers in concert halls or radio studios).

5.

If the workplace identified to the agency changes during the performance of the grant, the grantee shall
inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph
three).

6.

Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. Grantee's attention is called, in particular, to the
following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Ace (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of the grantee directly engaged in the performance of work under a
grand, including: (i) all "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and, (iii) temporary personnel
and consultants who are directly engaged in the performance or work under the grant and who are
on the grantee's payroll. This definition does not include workers not on the payroll of the grantee
(e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors
not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).

2
Form AD-1050 (REV 1/92)