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Federal Transit Administration Clauses <br /> 36. CONTRACTOR'S RESPONSIBILITY TO EXTEND FEDERAL REQUIREMENTS <br /> TO LOWER TIER PARTICIPANTS <br /> In certain circumstances,the Contractor's compliance with specific federal requirements depends on <br /> compliance by its lower tier participant(s) and therefore: <br /> A. General.The Contractor agrees to ensure that its lower tier participant(s) will comply with <br /> applicable federal requirements and follow applicable federal guidance. <br /> B. Performance of the Contractor's Responsibilities. If a lower tier participant is expected to fulfill <br /> any responsibilities typically performed by the Contractor,the Contractor agrees to ensure that <br /> the lower tier participant will carry out the Contractor's responsibilities in compliance with <br /> federal requirements, and provide enough information to each lower tier participant so that <br /> they understands that they will be expected to follow federal guidance. <br /> C. Risk. As provided in 2 CFR Part 1201,which incorporates by reference 2 CFR Part 200,the <br /> Contractor agrees to evaluate the risk involved before awarding an underlying agreement to any <br /> entity. <br /> D. Lower tier agreements. To comply with federal requirements,the Contractor agrees to enter <br /> into a written agreement with each lower tier participant in its underlying agreement and must <br /> include all appropriate provisions stating the lower tier participant's responsibilities to assure <br /> the Contractor's capability to comply with applicable federal requirements and guidance and <br /> specifying the responsibilities that the lower tier participant will fulfill on the Contractor's <br /> behalf. <br /> E. Notice to lower tier participants. The Contractor agrees to include notice in each lower tier <br /> agreement that: <br /> Federal requirements that apply to the Contractor or are included in the Contract/Task <br /> Order, the accompanying underlying agreement, and any amendments thereto may <br /> change due to changes in federal law, regulation, other requirements, or guidance, or <br /> changes in this Contract/Task Order or the Contractors underlying agreements including <br /> any information incorporated by reference and made part of that underlying <br /> agreement; and <br /> Applicable changes to those federal requirements will apply to this Contract/Task Order and the <br /> Contractor's underlying agreements and parties thereto at any tier. <br /> 37. TRAFFICKING OF PERSONS <br /> a. Contractor agrees to comply and assures the compliance of each Lower Tier Participant with: <br /> Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended, 22 U.S.C. § <br /> 7104(g); and the terms of this section,which have been derived from U.S. OMB regulatory <br /> guidance, "Award Term for Trafficking in Persons," 2 CFR Part 175, per U.S. OMB's direction. <br /> b. Contractor further agrees that it and its employees that participate in this Contract/Task Order <br /> shall not: <br /> 27 <br />