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Federal Transit Administration Clauses <br />19 <br />definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient <br />wishes to enter into a contract with a small business firm or nonprofit organization regarding the <br />substitution of parties, assignment or performance of experimental, developmental, or research <br />work under that “funding agreement,” the recipient or subrecipient must comply with the <br />requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small <br />Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any <br />implementing regulations issued by the awarding agency. <br />23.PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK <br />PURCHASES – NOT APPLICABLE <br />24.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND <br />RELATED ACTS <br />The Program Fraud clauses applies to all third-party contracts that are federally funded. It extends to all <br />third-party contractors and their contracts at every tire and subrecipients and their subcontracts at <br />every tier. These requirements flow down to contractors and subcontractors who make, present, or <br />submit covered claims and statements. <br />The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as <br />amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. <br />part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the <br />Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it <br />may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for <br />which this contract work is being performed. In addition to other penalties that may be applicable, the <br />Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent <br />claim, statement, submission, or certification, the Federal Government reserves the right to impose the <br />penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent to the Federal <br />Government deems appropriate. <br />The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent <br />claim, statement, submission, or certification to the Federal Government under a contract connected <br />with a project that is financed in whole or in part with Federal assistance originally awarded by FTA <br />under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties <br />of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government <br />deems appropriate. <br />The Contractor agrees to include the above two clauses in each subcontract financed in whole or in <br />part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, <br />except to identify the subcontractor who will be subject to the provisions. <br />25.PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS <br />This clause applies to all third-party contractor and their contracts at every tier. <br />The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § <br />5333(b):