Contracts Involving Federal Privacy Act Requirements
When a recipient maintains files on drug and alcohol enforcement activities for FTA, and
those files are organized so that information could be retrieved by personal identifier, the
Privacy Act requirements apply to all contracts except micro-purchases ($3,500 or less,
except for construction contracts over $2,000)
The following requirements apply to the Contractor and its employees that administer any
system of records on behalf of the Federal Government under any contract:
1. The Contractor agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of
1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a system
of records on behalf of the Federal Government. The Contractor understands that the
requirements of the Privacy Act, including the civil and criminal penalties for violation of
that Act, apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.
2. The Contractor also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole
or in part with Federal assistance provided by FTA.
Civil Rights Requirements
The Recipient understands and agrees that it must comply with applicable Federal civil
rights laws and regulations, and follow applicable Federal guidance, except as the Federal
Government determines otherwise in writing. Specifically:
1. Nondiscrimination in Federal Public Transportation Programs. The Recipient
agrees to, and assures that each Third Party Participant will, comply with Federal transit
law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s
“Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color,
(c) Religion, (d) National origin, (e) Sex (including sexual orientation and gender identity),
(f) Disability, or (g) Age, and (2) The FTA “Nondiscrimination” statute’s prohibition
against discrimination includes: (a) Exclusion from participation, (b) Denial of program
benefits, or (c) Discrimination, including discrimination in employment or business
opportunity,
1. Nondiscrimination — Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a)
Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3)
Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA
Circular 4702.1, “Title VI and Title VI-Dependent Guidelines for Federal Transit
Administration Recipients,” to the extent consistent with applicable Federal laws,
regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil
