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Federal Transit Administration Clauses
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<br />B.Contractors that cannot certify to the provisions as listed in this Section 38 above will be deemed
<br />not responsible due to the delay such non-certification would cause to the delivery of the Contract.
<br />40.CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
<br />Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards
<br />architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 and as amended by
<br />MAP-21 23 U.S.C. § 51?(d), note and follow the provisions of FTA Notice, "FTA National Architecture
<br />Policy on Transit Projects," 66 Fed. Reg.1455 et seq., January 8, 2001, and any other implementing
<br />directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
<br />41.NOTIFICATION OF LEGAL MATTERS
<br />Each Third-Party Participant must include an equivalent provision in its subagreements at every tier, for
<br />any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
<br />A.The types of legal matters that require notification include, but are not limited to, a major dispute,
<br />breach, default, litigation, or naming the Federal Government as a party to litigation or a legal
<br />disagreement in any forum for any reason.
<br />B.Matters that may affect the Federal Government include, but are not limited to, the Federal
<br />Government’s interests in the Award, the accompanying Underlying Agreement, and any
<br />Amendments thereto, or the Federal Government’s administration or enforcement of federal laws,
<br />regulations, and requirements.
<br />C.Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT
<br />Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which
<br />the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring
<br />on a Project receiving assistance from FTA. The notification provision applies if a person has or may
<br />have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may
<br />have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
<br />interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct
<br />involving federal assistance. This responsibility occurs whether the Project is subject to this
<br />Agreement or another agreement between the Recipient and FTA, or an agreement involving a
<br />principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to
<br />subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to,
<br />knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other
<br />investigative agency, a criminal indictment or civil complaint, or probable cause that could support a
<br />criminal indictment, or any other credible information in the possession of the Recipient. In this
<br />paragraph, “promptly” means to refer information without delay and without change. This
<br />notification provision applies to all divisions of the Recipient, including divisions tasked with law
<br />enforcement or investigatory functions.
<br />D.Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of
<br />any proceeds recovered from any third party, based on the percentage of the federal share for the
<br />Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all
<br />October 24, 2023
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