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Federal Transit Administration Clauses <br />3 <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 Federal <br />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 provide <br />for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines <br />the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327.) The <br />simplified acquisition threshold does not exempt a procurement from other eligibility or processes <br />requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any <br />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 in <br />every tier contract. <br />The U.S. Secretary of Transportation and the Comptroller General of the United States, the state, or their <br />duly authorized representatives, access to all third party contract records (at any tier) as required under 49 <br />U.S.C. § 5325(g); and (2) Sufficient access to all third party contract records (at any tier) as needed for <br />compliance with applicable federal laws, regulations, and requirements or to assure proper management of <br />Underlying Agreement as determined by FTA. <br />A. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, <br />complete and readily accessible records related in whole or in part to the contract, including, but not <br />limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, <br />other third party agreements of any type, and supporting materials 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 and <br />reports required under this Contract for a period of at not less than three (3) years after the date of <br />termination or expiration of this Contract, except in the event of litigation or settlement of claims arising <br />from the performance of this Contract, in which case records shall be maintained until the disposition of <br />all such litigation, appeals, claims or exceptions related thereto. <br />C. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to <br />inspect and audit records and information related to performance of this contract as reasonably may be <br />required. <br />D. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors’ access to <br />the sites of performance under this contract as reasonably may be required. <br />3. BONDING REQUIREMENTS - NOT APPLICABLE <br />Bonds are required for all construction or facility improvement contracts and subcontracts exceeding