4. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. Prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
this section.
No Government Obligation to Third Parties
A. The recipient and contractor acknowledge and agree that, notwithstanding any
concurrence by the US Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the US Government, the US
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the recipient, the contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
B. Contractor agrees to include the above clause in each subcontract financed in whole
or in part with FTA assistance. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil
Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of
the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submittal, or certification, the US Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the
US Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C chapter 53, the
Government reserves the right to impose the penalties of 18 U.S.C 1001 and 49 U.S.C.
5323 (1) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
