§ 138.110 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: ( 1 ) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or
( 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: ( 1 ) A Federal contract, grant, or cooperative agreement exceeding $100,000; or
( 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 paragraphs (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 paragraphs (a) or (b) of this section: ( 1 ) A subcontract exceeding $100,000 at any tier under a Federal contract;
( 2 ) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;
( 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 paragraphs (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.