Access to Records and Reports
The following access to records requirements apply to this Contract:
1, Where the purchaser is not a State but a local government and is an FTA recipient
or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall
provide the purchaser, the FTA, the US Comptroller General or their authorized
representatives access to any books, documents, papers and contractor records which are
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA
representatives, including any PMO contractor, access to contractor's records and
construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is
receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.
2. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in
accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall
make available records related to the contract to the purchaser, the Secretary of USDOT
and the US Comptroller General or any authorized officer or employee of any of them for
the purposes of conducting an audit and inspection.
3 Contractor shall permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
4. Contractor shall maintain all books, records, accounts and reports required under
this contract for a period of not less than three (3) years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case contractor agrees to maintain same
until the recipient, FTA Administrator, US Comptroller General, or any of their authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i)(11).
Federal Changes
Contractor shall comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master
Agreement between the purchaser and FTA, as they may be amended or promulgated from
time to time during the term of the contract. Contractor's failure to comply shall constitute
a material breach of the contract.
Recovered Materials
The Bidder agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as
they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
