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Federal Transit Administration Clauses
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<br />C. FTA may take enforcement action if the Contractor violates an applicable federal law, regulation, or
<br />requirement, or does not follow applicable federal guidance.
<br />D. Parties agree that not every provision of this section will apply to every subcontractor or any
<br />underlying agreements. Criteria determining which federal laws, regulations, requirements, and
<br />guidance apply include the type of award, the federal law authorizing federal assistance for the
<br />award, the federal law, regulations, or requirements governing how the award must be
<br />implemented, the federal guidance pertaining to the award, and the Contractor’s legal status as a
<br />business, a “private nonprofit entity,” a “private for-profit entity,” or an individual.
<br />E. As provided in federal laws, regulations, requirements, and guidance, FTA will enforce only those
<br />federal laws, regulations, requirements, and guidance that apply to the Contractor, or to any Project
<br />and related activities encompassed in the award, any accompanying underlying agreements, and
<br />any amendments thereto.
<br />F. This Section does not have an expiration date. Section shall continue to apply to the Agency, the
<br />Contractor and all parties covered by any underlying agreements, until the Section is modified or
<br />superseded by a more recently enacted or issued applicable federal law, regulation, requirement, or
<br />guidance, or amendment.
<br />G. The Contractor must comply with U.S. DOT regulations, “Uniform Administrative Requirements, Cost
<br />Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by
<br />reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles,
<br />and Audit Requirements for Federal Awards,” 2 CFR Part 200, which applies to this Contract or other
<br />underlying agreements.
<br />H. Except as FTA determines otherwise in writing, U.S. DOT regulations, “Uniform Administrative
<br />Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, and
<br />subparts A through E of U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost
<br />Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, shall apply to the
<br />Contractor and all its subcontractors.
<br />37. 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 any
<br />responsibilities typically performed by the Contractor, the Contractor agrees to ensure that the
<br />lower tier participant will carry out the Contractor’s responsibilities in compliance with federal
<br />requirements, and provide enough information to each lower tier participant so that they
<br />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 Contractor
<br />agrees to evaluate the risk involved before awarding an underlying agreement to any entity.
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