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Federal Transit Administration Clauses <br />25 <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superseded by a more recently enacted or issued applicable federal law, regulation, requirement, or 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. <br />D. Lower tier agreements. To comply with federal requirements, the Contractor agrees to enter into a <br />written agreement with each lower tier participant in its underlying agreement and must include all <br />appropriate provisions stating the lower tier participant’s responsibilities to assure the Contractor’s <br />capability to comply with applicable federal requirements and guidance and specifying the <br />responsibilities that the lower tier participant will fulfill on the Contractor’s behalf. <br />E. Notice to lower tier participants. The Contractor agrees to include notice in each lower tier <br />agreement that: <br />1. Federal requirements that apply to the Contractor or are included in the Contract/Task Order, <br />the accompanying underlying agreement, and any amendments thereto may change due to <br />changes in federal law, regulation, other requirements, or guidance, or changes in this