2. Where a purchaser which is an PTA recipient or a subgrantec 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 t JSDOT 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 shal] 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 setilement of claims arising from the
performance of this contract, in which case contractor agrees to maintain sume 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@)(1 1).
Federal Changes
Contractor shall comply with all applicable PTA regulations, policies, procedures and directives,
including without limitation those listed dircetly or by reference in the Master Agreement
between the purchaser and FTA, as they may be amended or promulgated from time to Gime
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 CER Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part 247,
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 4
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 finaneed in whole or in
part with FTA assistance. It is further agreed that the clause shall not be modified, except ta
identify the subcontractor who will be subject to its provisions.
