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32 . ACCESS TO RECORDS <br /> ( 1 ) The Contractor agrees to provide the County, FDOT, FHWA, the Comptroller General of the <br /> United States or any of their authorized representatives access to any books , documents , <br /> papers and records of the Contractor which are directly pertinent to the contract for the <br /> purposes of making audits , examinations , excerpts and transcriptions . <br /> (2 ) The Contractor agrees to maintain all books , records , accounts and reports required under <br /> the contract for a period of not less than five years after the date of termination or expiration <br /> of the contract, except in the event of litigation or settlement of claims arising from the <br /> performance of the contract, in which case Contractor agrees to maintain same until the <br /> County, the FTA Administrator, the Comptroller General , or any of their duly authorized <br /> representatives , have disposed of all such litigation , appeals , claims or exceptions related <br /> thereto . <br /> 33 . PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS <br /> ( 1 ) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act <br /> of 1986 , as amended , 31 U . S . C . §3801 et seg. and U . S . DOT regulations , " Program Fraud <br /> Civil Remedies , " 49 C . F . R. Part 31 , apply to its actions pertaining to this Project. Upon <br /> execution of the underlying contract, the Contractor certifies or affirms the truthfulness and <br /> accuracy of any statement it has made , it makes , it may make, or causes to be made, <br /> pertaining to the underlying contract or the FHWA assisted project for which this contract <br /> work is being performed . In addition to other penalties that may be applicable , the <br /> Contractor further acknowledges that if it makes , or causes to be made, a false , fictitious , or <br /> fraudulent claim , statement, submission , or certification , the Federal Government reserves <br /> the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the <br /> Contractor to the extent the Federal Government deems appropriate . <br /> (2 ) The Contractor also acknowledges that if it makes , or causes to be made , a false , fictitious , <br /> or fraudulent claim , statement, submission , or certification to the Federal Government under <br /> a contract connected with a project that is financed in whole or in part with Federal <br /> assistance originally awarded by FHWA, the Government reserves the right to impose the <br /> penalties of 18 U . S . C . § 1001 and 49 U . S . C . § 5307 ( n )( 1 ) on the Contractor, to the extent the <br /> Federal Government deems appropriate . <br /> (3 ) The Contractor agrees to include the above two clauses in each subcontract financed in <br /> whole or in part with Federal assistance provided by FHWA. It is further agreed that the <br /> clauses shall not be modified , except to identify the subcontractor who will be subject to the <br /> provisions . <br /> 34 . NO OBLIGATION BY THE FEDERAL GOVERNMENT <br /> ( 1 ) Absent the express written consent by the Federal Government, the Federal Government or <br /> the Federal Highway Authority is not a party to the contract and shall not be subject to any <br /> obligations or liabilities to the County, Contractor, or any other party (whether or not a party <br /> to that contract) pertaining to any matter resulting from the underlying contract. <br /> (2 ) The Contractor agrees to include the above clause in each subcontract financed in whole or <br /> in part with Federal assistance provided by FHWA. It is further agreed that the clause shall <br /> not be modified , except to identify the subcontractor who will be subject to its provisions . <br /> 26 <br /> F :\Engineering\Capital Projects\0216- 12th Street Between 16th Avenue and 11th Place\0216 Federal Contract <br /> Provisions . doc 8/29/2008 3:06:25 PM <br />