SF-424D Assurances - Construction Programs

OMB Approval No. 0348-0042

ASSURANCES - CONSTRUCTION PROGRAMS
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NO TE : Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding
Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,
you will be notified.
As the duly authorize d rep resentative of the applicant, I certify that the ap plicant:
1.

Has the legal authority to apply for Federal assistance,
and the institutional, managerial and financial capab ility
(including funds sufficient to pay the non-Federal share of
project costs) to ensure proper planning, management and
completion of the project described in this application.

2.

W ill give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State, through
any authorized rep resentative, access to and the right to
examine all records, books, papers, or documents related
to the assistance; and will establish a proper accounting
system in accordance with generally accepted accounting
standards o r agency directives.

3.

W ill not dispose of, modify the use of, or change the
terms o f the real p roperty title, or other intere st in the site
and facilities without permission and instructions from
the awa rding agenc y. Will record the Federal interest in
the title of real property in accordance with awarding
agency directives and will include a c ovenant in the title
of real property acquired in whole or in part with Federal
assistance funds to assure non-discrimination during the
useful life of the pro ject.

4.

W ill comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
appro val of construction p lans and specifications.

5.

W ill provide and ma intain co mpe tent and adeq uate
engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans
and specifications and will furnish progress reports and
such other information as may be required by the
assistance awarding agency or State.

6.

W ill initiate and com plete the work within the applicable
time frame after receipt of approval of the awarding
agency.

7.

Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.

Previous Edition Usable

8.

W ill comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. 4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or reg ulations specified in
Appendix A of OPM’s Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).

9.

W ill comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.

10.

W ill comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20
U.S.C. 16 81-1 683 , and 1 685 -168 6), which pro hibits
discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C.
794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U .S.C. 6 101 -610 7), which pro hibits
discrimination on the basis of age; (e) the D rug Abu se
Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comp rehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 197 0 (P .L. 91-616 ), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoh olism; (g) 523 and 527 of the P ublic H ealth
Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as
amended relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.

Authorized for Local Reproduction

Standard Form 424D (Rev. 7-97)
Prescribed by OMB Circular A-102

11.

W ill comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-6 46) which p rovid e for fair
and eq uitable treatment of pe rsons displace d or who se
property is ac quired as a result of Federal and federallyassisted programs. These requirements apply to all
interests in real property acquired for project purposes
regardless of Federal pa rticipation in purchases.

12.

W ill comply with the provisions of the Hatch Act (5
U.S.C. 1501 -1508 and 7 324-732 8) which limit the
political activities of employees whose principal
emp loyment activities are funded in whole o r in part with
Federal funds.

13.

W ill comply, as applicable, with the provision of the
Davis-Bacon Ac t (40 U.S.C. 276a to 27 6a-7), the
Copeland A ct (40 U.S.C. 276c and 18 U.S.C.87 4), and
the Contract Work Hours and Safety Standards Act (40
U.S.C. 32 7-33 3) reg arding labo r standards o f federally
assisted construction sub agreements.

14.

W ill comp ly with flood insurance pu rchase requirements
of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93-234) which requires recipients in a special
flood hazard are a to participa te in the progra m and to
purchase flood insuranc e if the total cost of insurable
construction and acquisition is $10,000 or more.

15.

Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the

SIGNATURE OF AUTHO RIZED CERTIFYING OFFICIAL

APPLICANT ORGANIZATION

National Environmental Policy Act of 1969 (P.L. 91190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in flood plains
in accordance with EO 11988; (e) assurance of project
consistency with the approved State management
program developed under the Coastal Zone
Management Ac t of 1972 (16 U .S.C. 1 451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. 7401 et
seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act
of 1973, as amend ed (P.L. 93-205).
16.

Will comply with the Wild and Scenic Rivers Act of
1968 (1 6 U.S.C. 127 1 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.

17.

W ill assist the awarding agency in assuring
com pliance with Se ction 1 06 o f the National Historic
Preservation Act of 1966, as amended (16 U.S.C.
470), EO 11593 (identification and protectionof
historic properties), and the Archaeological and
Historic Preservation A ct of 19 74 (16 U .S.C. 4 69a -1
et seq.).

18.

W ill cause to be performed the required financial and
com pliance aud its in acco rdance with the Single Aud it
Act Amendments of 1996 and OMB Circular No. A133, “Audits of States, Local Governm ents, and NonPro fit Organizations.”

19.

W ill comp ly with all applicab le requirements of all
other Federal laws, executive orders, regulations, and
policies governing this program.

TITLE

DATE SUBMITTED

SF-424D (Rev. 7-97) Back