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 US flag commercial vessels; b. furnish
within 20 working days following the loading date of shipments originating within the US or within 30
working days following the loading date of shipments originating outside the US, a legible copy of a rated,
“on-board” commercial bill-of-lading in English for each shipment of cargo described herein to the Division
of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to
the recipient (through contractor in the case of a subcontractor’s bill-of-lading.); c, include these
requirements in all subcontracts issued pursuant to this contract when the subcontract involves the
transport of equipment, material or commodities by ocean vessel; d. Requires Bidder and subcontractors
at every tier to use United States-flag air carriers, to the extent service by these carriers is available.
When the contract may involve the international transportation of goods, equipment, or personnel by air,
the contract must. 49 U.S.C. 40118 and 4 CFR Part 52.
16. Rights and Remedies
The duties and obligations imposed by this Agreement and the rights and remedies available under
this Agreement shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.
17. Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT,
whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The contractor shall not perform any act,
fail to perform any act, or refuse to comply with any request that would cause the recipient to be in
violation of FTA terms and conditions.
18. Federal Changes
Contractor shall comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between the
purchaser and FTA, as they may be amended or promulgated from time to time during the term of
the contract. Contractor's failure to comply shall constitute a material breach of the contract.
19. Fly America Requirements
Applicability — all contracts involving transportation of persons or property, by air between the
U.S. and/or places outside the U.S. These requirements do not apply to micro-purchases
($10,000 or less, except for construction contracts over $2,000).
Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with
General Services Administration regulations 41 CFR 301-10, stating that recipients and
subrecipients of Federal funds and their contractors are required to use US Flag air carriers for
US Government-financed international air travel and transportation of their personal effects or
property, to the extent such service is available, unless travel by foreign air carrier is a matter of
necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was
used, an appropriate certification or memorandum adequately explaining why service by a US
flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in
any event, provide a certificate of compliance with the Fly America requirements. Contractor
shall include the requirements of this section in all subcontracts that may involve international air
