Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Seller 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 the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Seller
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Seller to the
extent the Federal Government deems appropriate.
(b) The Seller 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.§ 5307,
the Government reserves the right to impose the penalties of 18 U.S.C.§ 1001 and 49
U.S.C.§ 5307(n)(1) on the Seller, to the extent the Federal Government deems appropriate.
(c) The Seller 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.
36. Records.
(a) Retention. The Seller will retain, and will require its subcontractors of all tiers
to retain, complete and readily accessible records related in whole or in part to the
contract, including, but not limited to, data, documents, reports, statistics, sub-
agreements, leases, subcontracts, arrangements, other third party agreements of any type,
and supporting materials related to those records.
(b) Retention Period. The Seller agrees to comply with the record retention
requirements in accordance with 2 C.F.R. § 200.333. The Seller shall maintain all
books, records, accounts and reports required under this contract for a period of at not
less than three (3) years after the date of termination or expiration of this contract,
except in the event of a dispute, or litigation or settlement of claims arising from
the performance of this contract, in which case records shall be maintained until the
disposition of all such dispute, litigation, appeals, claims or exceptions related
thereto.
(c) Where the City is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(4), the Seller agrees
to provide the City, the FTA Administrator, the Comptroller General of the United States
or any of their authorized representatives sufficient access to any books, documents, papers
and records of the Seller which relate to this contract for the purposes of inspection,
making audits, examinations, excerpts and transcriptions as reasonably may be required.
Seller also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his
or her authorized representatives including any PMO Seller access to Seller’s records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,
which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309 or 5311.
The Seller agrees to permit any of the foregoing parties to reproduce by any means
10
