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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 />