Suspension and Debarment
49 CFR Part 29
Executive Order 12549
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify
that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,
are excluded or disqualified as defined at 49 CFR 29.940 and 29.945,
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with
49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by Purchaser. If it is later determined
that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to
Purchaser, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment, The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer
is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
Breaches and Dispute Resolution
49 CFR Part 18
FTA Circular 4220.1F
FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on
the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate
clauses, The following clauses are examples of provisions from various FTA third party contracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient's [title of employee]. This decision shal! be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise tumishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor
shail be afforded an opportunity to be heard and to offer evidence in support of its position.
The decision of the [title of employee} shall be binding upon the Contractor and the Contractor
shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of
damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in
a court of competent jurisdiction within the State in which the (Recipient) is located.
