27)
28)
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representatives with access to any books, documents, papers and record of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts
and transcriptions.
3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall
make available records related to the contract to the Purchaser, the Secretary of Transportation
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
4, The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
5. The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three 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 Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39((11).
6. FTA does not require the inclusion of these requirements in subcontracts.
SUBCONTRACT APPROVAL
Any subcontract the Bidder may wish to enter into must be approved by prior to the execution of the
subcontract, and all the requirements of the FTA third party contracts must be included within said
subcontracts to gain approval of NTS.
OWNERSHIP OF DOCUMENTS
NTS and FTA will become owners of all documents prepared by the Bidder upon payment for
same by NTS, except any documents which may be protected by patent, lease or other written
documents which provides proof of ownership.
AMENDMENTS TO THE CONTRACT
This agreement may be amended at any time, providing any amendment is approved in writing by
the Transportation Manager.
CARGO PREFERENCE (WHERE APPLICABLE)
The Bidder agrees:
a. To use privately owned United States-Flag commercial vessels to ship at least 50 percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the
underlying contract to the extent such vessels are available at fair and reasonable rates for
United States-Flag commercial vessels;
b. To furnish within twenty (20) working days following the date of loading for shipments
originating within the United States or within thirty (30) working days following the date of
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