|
~ .1 Add$ndum to Contract
<br />FTA Contract Requirements
<br />! 1. In connection with the performance by Contractor of work or services within the scope of
<br />s this Agreement, Contractor agrees to comply with the following requirements, and to include these
<br />requirements in all subcontractsl of every tier:
<br />~ No Obligation by the Federal Governmen~ -(1) The Recipient2 and Contractor3 acknowledge and
<br />agree that, notwithstanding any concurrence by the Federal Government in or approval of the
<br />solicitation or award of the underlying contract, absent the express written consent by the Federal
<br />(°~ Government, the Federal Government is not a paaty to this contract and shall not be subject to any
<br />[~j obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that
<br />contract) pertaining to any matte,r resulting from the underlying contract.
<br />~ Program Fraud and FaLse or bYaudnlent Statements or Related Acts.
<br />~. (1) The Contractor acknowledges that the provisions of the Prograru Fraud Civil Remedies Act of
<br />~ 1986, as amended, 31 U.S.C. §§ 3801 g~ ~, and U.S. DOT regulations, "Program Fraud Civil
<br />Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
<br />,~ underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement
<br />~~~ it has made, it makes, it may make, or causes to be made, pertaining to the underlying ~ontract or the
<br />~ FTA assisted project for which this contract work is being performed. In addition to other penalties
<br />that may be applicable, the Contractor further aclrnowledges that if it makes, or causes to be made, a
<br />. false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government
<br />~ reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
<br />Contractor to the extent the Ferleral Government deems appropriate.
<br />(2) Tfie Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
<br />fraudulent claim, statement, submission, or certification to the Federal Government under a contract
<br />connected with a project that is financed in whole or in part with Federal assistance originally awarded
<br />by FTA under the authority of 49 U.S.C. § 5307, 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 />i The term "subcontract" under this addendum is considered to refe,r to a person who agrees to perform any
<br />part of the labor or material requirements of a conoract for construction, alteration or repair. A person who undertakes
<br />to perform a portion of a coatract involving the fi~rnishing of supplies or materiais will be considered a
<br />"subcontractor" under this sectioa if the work in question involves the perforaiance of construction work and is to be
<br />performed: (1) direcdy on_or near the constivction site, or (2) by the employe,r for the specific project on a
<br />customiud basis. Thus, a supplier of matorials which will bccome an integral part of the construction is a
<br />"subcona~actor" if the supplier fabricates or assembles the goods or matcrials in question specifically for the
<br />construction pr~ject and the work involved may be said to be construction activity. ff the goods or materials in
<br />question are ordinarily sold to other customers from regular inventory, the supplier is not a"subcontractor."
<br />The term, "Recipient" shall mean the Salem Area Mass Transit District
<br />j The term, "Contractor" shall refer to a party under any agreement undertaking contractual obligations to
<br />or for the benefit of one or more other parties which includes the Salem Area Mass Transit District.
<br />Addendum, FTA Contract Requirements
<br />Page - 2
<br />1008981030
<br />
|