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2) The Consultant agrees to include the above clause in each subcontract financed in whole or in part with <br />Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to <br />identify the sub -consultant who will be subject to its provisions. <br />I. Program Fraud and False or Fraudulent Statements or Related Acts <br />1) The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as <br />amended, 31 U.S.0 § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. <br />Part 31, apply to its actions pertaining to the proposed project. Upon execution of the underlying contract, <br />the Consultant certifies and affirms the truthfulness and accuracy of any statement it has made, it makes, <br />it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for <br />which this contract work is being performed. In addition to other penalties that may be applicable, the <br />Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent <br />claim, statement, submission, or certification, the Federal Government reserves the right to impose the <br />penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the extent the Federal <br />Government deems appropriate. <br />2) The Consultant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent <br />claim, statement, submission, or certification to the Federal Government under a contract connected with <br />a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the <br />authority of 49 U.S.C. § 5307, the Federal Government reserves the right to impose the penalties of 18 <br />U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Consultant, to the extent the Federal Government deems <br />appropriate. <br />3) The Consultant agrees to include the above two clauses in each subcontract financed in whole or in <br />part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, <br />except to identify the sub -consultant who will be subject to the provisions. <br />J. Suspension and Debarment <br />This proposed contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Consultant <br />will be required to verify that none of the consultant, its principals, as defined at 49 CFR 29.995, or <br />affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. <br />The Consultant is required to comply with 49 CFR 29, Subpart C and must include the requirement to <br />comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and <br />submitting its bid or proposal, the bidder or proposer certifies as follows: <br />The certification in this clause is a material representation of fact relied upon by the County. If it <br />is later determined that the bidder or proposer knowingly rendered an erroneous certification, in <br />addition to remedies available to the County, the Federal Government may pursue available <br />remedies, including but not limited to suspension and/or debarment. The bidder or proposer <br />agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and <br />throughout the period of any contract that may arise from this offer. The bidder or proposer <br />further agrees to include a provision requiring such compliance in its lower tier covered <br />transactions. <br />F•\Community Development\Users\MPO\Transit\Transit Hubs\Main Transit Hub\Project Admin Consultant\federal <br />requirements.docx 3 <br />