U.s. Small Business Administration - Application For Surety Bond Guarantee Assistance Form Page 5

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Flood Disaster Protection Act (42 U.S.C. 4011)
Regulations have been issued by the Federal Insurance Administration (FIA) and by SBA implementing this Act and its
amendments. These regulations prohibit SBA from making certain loans in an FIA designated floodplain unless Federal flood
insurance is purchased as a condition of the loan. Failure to maintain the required level of flood insurance makes the applicant
ineligible for any future financial assistance from SBA under any program, including disaster assistance.
Occupational Safety and Health Act (15 U.S.C. 651 et seq.)
This legislation authorizes the Occupational Safety and Health Administration in the Department of Labor to require businesses to
modify facilities and procedures to protect employees or pay penalty fees. In some instances the business can be forced to cease
operations or be prevented from starting operations in a new facility. Therefore, in some instances SBA may require additional
information from an applicant to determine whether the business will be in compliance with OSHA regulations and allowed to
operate its facility after the SBG guarantee agreement is approved. Signing this form as an applicant is a certificate that the OSA
requirements that apply to the applicant’s business have been determined and the applicant to the best of its knowledge is in
compliance.
Civil Rights Legislation
All businesses receiving SBA assistance must agree not to discriminate in any business practice, including employment practices
and services to the public, on the basis of categories cited in 13 C.F.R., Parts 113, and 117 of SBA Regulations. This includes
making their goods and services available to handicapped clients or customers. All businesses receiving assistance will be
required to display the “Equal Employment Opportunity Poster” prescribed by SBA.
Debt Collection Act of 1982 Deficit Reduction of 1984 (31 U.S.C. 3701 et seq. and other titles)
These laws require SBA to aggressively collect any fee payments which become delinquent. SBA must obtain your taxpayer
identification number when you apply for assistance. If you receive a SBG guarantee, and do not pay the related fee, SBA may
take one or more of the following actions:
-
Report the status of your payment delinquency to credit bureaus
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Hire a collection agency to collect your fee
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Offset your income tax refund or other amounts due to you from the Federal Government
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Suspend or debar you or your company from doing business with the Federal Government
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Refer your fee to the Department of Justice or other attorney for litigation
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Foreclose on collateral or take other action permitted
Immigrations Reform and Control Act of 1986 (Pub. L. 99-603)
If you are an alien who was in this country illegally since before January 1, 1982, you may have been granted lawful temporary
resident status by the United States Immigration and Naturalization Service pursuant to the Immigration Reform and Control Act
of 1986 (Pub. L. 99-603). For five years from the date you are granted such status, you are not eligible for financial assistance
from the SBA in the form of a loan or guaranty unless you are disabled or a Cuban or Haitian entrant. When you sign this
document, you are making the certification that the Immigration Reform and Control Act of 1986 does not apply to you, or if it
does apply, more than five years have elapsed since you have been granted lawful temporary resident status pursuant to such 1986
legislation.
Executive Order 12549, Debarment and Suspension (2 C.F.R. 2700)
1.
The prospective lower tier participant certifies, by submission of this proposal, that neither its nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
2.
Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
SBA Form 994 (1/13) Previous Editions are Obsolete
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