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The Bidder agrees to comply with all applicable requirements of the Americans with Disabilities Act
of 1990 (ADA) 42 USC § 11401 et sec: Section 504 of the Rehabilitation Act of 1973, as amended, 19
USC § 792, 49 USC § 5301(d); and the Federal Regulations including any amendments thereto: 49
CFR Part 27, 49 CFR Part 38; 28 CFR Part 35; 28 CFR Part 36; 41 CFR Subpart 101-19; 29 CFR
Part 1630; 47 CFR Part 64, Subpart F; and 49 CFR Part 609, These regulations provide that no
handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity included in or
resulting from this Agreement.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
(t)
(3)
The Bidder acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the 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 the FTA assisted project for which this contract work
is being performed. In addition to other penalties that may be applicable, the Contractor
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 Contractor to
the extent the Federal Government deems appropriate.
The Bidder 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
Contractor, to the extent the Federal Government deems appropriate.
The Bidder 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.
PRIVACY
The following requirements apply to the Bidder and its employees that administer any system of
records on behalf of the Federal Government under any contract:
(1) The Bidder 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 Bidder agrees to obtain the express consent of the
Federal Government before the Bidder or its employees operate a system of records on behalf
of the Federal Government. The Bidder 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 tn
termination of the underlying contract.
(2) The Bidder also agrees to include these requirernents 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.
LABOR PROVISIONS —- CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
35
