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Addendum to Contract <br />FTA Contract Requirements <br />1. In connection with the performance by Contractor of work or services wtthin the scope of <br />this Ag~reement, Contractor agrees to comply wtth the followtng reqnirements, and to include these <br />requiremeats [n all subcontractsi of every tier: <br />No Obligation by the Federal Government, -(1) The Recipient2 and Contractor3 acknowledge and <br />agree that, notwithstanding any concurrence by the Federat Govemment in or approval of the <br />solicitation or award of the undadying contract, absent the express written consent by the Federal <br />Government, the Federal Govemment is not a party to this contract and shall not be subject to any <br />obligations or liabilities to the Recipient, Contractor, or any other pazty (whether or not a party to that <br />_ contract) pertaining to any matter resulting from the underlying contract. <br />Program Fraud and FaLse or Fraudulent Statements or Related Acts. <br />(1) The Contractor acknowledges that the provisions bf the Pcogram Fraud Civil Remedies Act of <br />1986, as amended, 31 U.S.C. ~~ 3801 ~&sdl . and U.S. DOT regulations, "Program Fraud Civil <br />Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Projec~ Upon execution of the <br />und~rlying contract, the Contrador certifies or affirn~s the trnthfulness and a~aracY of any statement <br />it has made. it makes. it may mak~, or causes w be made. Pectainin8 to the underly_ing contract or the <br />FTA assisted pro~joct for which this contract work is being performed. In addition to other penalties <br />that may be apphcable, the Contractor further acknowledges that ~f it mak~s, or causes to be made. a <br />false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Govemment <br />reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the <br />Contractor ta the extent the Federal Government deems appropriate• <br />(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or <br />fraudulent claim, statement, submission, ar certification to the Pederal Government under a contract <br />connected with a project that is fu~aix~d in whole or in part with Federal assistance originally awarded <br />by FTA under the authority of 49 U.S.C. ~ 5307, the Government reserves the right to impose the <br />penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the <br />Federal Govemment deems appropriate. . <br />1'Ihe i~ecm "subcont~act" under this addendum is conside~+ed to refa W a pason who agrees W pecform any <br />part of the lat~or.or mataial requiremec-ts of a contract for coastrudioa, altaation or repair. A person who undertakes <br />to perform a portion of a contract iavolving the furaishing of supplies or matorials will be coasid~red a <br />"subcoa4racto~" under this sedioa if the wocic in question involves the perfo~-anoe of ~on work and is to be <br />performed: (1) dic+~etly on or near the coastcuction site, or (2) by the empioyer for the apecific projcct on a <br />customiud basis. Thus, a supplier of materials which vvill ba:ome an integral part of the constructioa is a <br />"subcontractoc" if the suppliot fabricates or assembles the goods•or materials in question apeci.~cally for the <br />construction project and the work involved may be said to be constructioa activity. If the goods or materials in <br />question are ordinarily sold to othcr customers from regutar inv~;ntory, the supplior is not a"subcoatractor." <br />2 The term, "Recipient" shall mean the Salem Area Ma~s Transit DistricG <br />3 The term. "Contractor" shall refer to a party under any agreement undectakfng contractual obligadons to <br />or for the benefit of one or more other parties which includes the Satem Area Mass Transit District <br />Addeadum, F~A Contract Requirements <br />Page - 1 ~ - <br />0718970102 ' <br />