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Federal Transit Administration Clauses <br />1. SIMPLIFIED ACQUISITION THRESHOLD <br />Required Clauses in Third Party Contracts. In addition to other applicable provisions of federal law, <br />regulations, requirements, and guidance, all third -party contracts made by the Recipient under the <br />Federal award must contain provisions covering the following. <br />Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount <br />determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council <br />(Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, <br />contractual, or legal remedies in instances where contractors violate or breach contract terms, and <br />provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold <br />determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317- <br />200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or <br />processes requirements that may apply. For example, Buy America's eligibility and process requirements <br />apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).) <br />2. ACCESS TO RECORDS AND REPORTS <br />This clause flows down and extends to all third -party contractors and their contracts. It must be included <br />in every tier contract. <br />The U.S. Secretary of Transportation and the Comptroller General of the United States, the state, or <br />their duly authorized representatives, access to all third party contract records (at any tier) as required <br />under 49 U.S.C. § 5325(g); and (2) Sufficient access to all third party contract records (at any tier) as <br />needed for compliance with applicable federal laws, regulations, and requirements or to assure proper <br />management of Underlying Agreement as determined by FTA. <br />a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to <br />retain, complete and readily accessible records related in whole or in part to the contract, <br />including, but not limited to, data, documents, reports, statistics, sub -agreements, leases, <br />subcontracts, arrangements, other third party agreements of any type, and supporting materials <br />related to those records. <br />b. Retention Period. The Contractor agrees to comply with the record retention requirements in <br />accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts <br />and reports required under this Contract for a period of at not less than three (3) years after <br />the date of termination or expiration of this Contract, except in the event of litigation or <br />settlement of claims arising from the performance of this Contract, in which case records shall <br />be maintained until the disposition of all such litigation, appeals, claims or exceptions related <br />thereto. <br />c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors <br />to inspect and audit records and information related to performance of this contract as <br />reasonably may be required. <br />d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors' <br />access to the sites of performance under this contract as reasonably may be required. <br />3 <br />