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RFP 2018071—Transit Advertising Services
<br />event of litigation or settlement of claims arising from the performance of this contract, in which case contractor
<br />agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their
<br />authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
<br />Re: 49 CFR 18.39(1)(11) and as consistent with State Public Record and Sunshine laws.
<br />FTA does not require the inclusion of these requirements in subcontracts.
<br />Federal Changes
<br />Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including
<br />without limitation those listed directly or by reference in the Master Agreement between the purchaser and
<br />FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's
<br />failure to comply shall constitute a material breach of the contract.
<br />Recycled Products
<br />All contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of
<br />one of these items during the current or previous fiscal year using Federal funds. The contractor agrees to
<br />comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as
<br />amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
<br />Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
<br />247.
<br />No Government Obligation to Third Parties
<br />(1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US
<br />Government in or approval of the solicitation or award of the underlying contract, absent the express written
<br />consent by the US Government, the US Government is not a party to this contract and shall not be subject to any
<br />obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that
<br />contract) pertaining to any matter resulting from the underlying contract.
<br />(2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA
<br />assistance. It is further agreed that the clause sha:l not be modified, except to identify the subcontractor who
<br />will be subject to its provisions.
<br />Program Fraud and False or Fraudulent Statements or Related Acts
<br />(1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
<br />amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its
<br />actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the
<br />truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
<br />to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to
<br />other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made,
<br />a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the
<br />right, to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US
<br />Government deems appropriate.
<br />(2) if contractor makes, or causes to be made. a false, fictitious, or fraudulent claim, statement, submittal,
<br />or certification to the US Government under a contract connected with a project that is financed in whole or in
<br />part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the
<br />penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems
<br />appropriate.
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