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~ Salem Area Mass Transit District/Marion County IFB 00-03 20
<br />TAB Services
<br />the solicitation or award of the underlying contract, absent the express written consent by the
<br />Federal Government, the Federal Government is not a party to this contract and shall not be
<br />subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether
<br />or not a party to that contract) pertaining to any matter resulting from the underlying contract.
<br />Program Fraud and False or Fraudulent Statements or Related Acts.
<br />2) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
<br />of 1986, as amended, 31 U.S.C. §§ 3801 et es~ . 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 FTA assisted project for which this contract work
<br />is being performed. In addition to other penalties that may be applicable, the Contractor
<br />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
<br />impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to
<br />the extent the Federal Government deems appropriate.
<br />(2) The Contractor also aclrnowledges 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
<br />contract connected with a project that is financed in whole or in part with Federal assistance
<br />originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
<br />right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor,
<br />to the extent the Federal Government deems appropriate.
<br />Incorporation of Federal Transit Administration (FTA) Terms - The provisions of this
<br />Addendum include, in part, certain Standard Terms and Conditions required by DOT, whether or
<br />not expressly set forth in the preceding contract provisions. All contractual provisions required
<br />by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by
<br />reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
<br />deemed to control in the event of a conflict with other provisions contained in this Agreement.
<br />The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
<br />Recipient requests which would cause Recipient to be in violation of the FTA terms and
<br />conditions.
<br />Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
<br />policies, procedures and directives, including without limitation those listed directly or by
<br />reference in the Agreement (Form FTA MA (4) dated October l, 1997) between Recipient and
<br />FTA, as they may be amended or promulgated from time to time during the term of this contract.
<br />Contractor's failure to so comply shall constitute a material breach of this contract.
<br />Fly America - The Contractor agrees that, in connection with performing its obligations under
<br />this contract, it will use air transportation provided by United States-Flag air carriers for air
<br />transportation of persons or property, to the extent service by these carriers is available, as
<br />required by the International Air Transportation Fair Competitive Practices Act of 1974, as
<br />amended, 49 U.S.C. 40118, in accordance with U.S. GAO regulations in 4 CFR Part 52 and U.S.
<br />GAO Guidelines for Implementation of the Fly America Act, B-138942 (1981).
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