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Initialed~e ~1~a- Addendum to Contract FTA Contract Requirements 1. Contractor agrees to comply with the following requirements, and to include these requirements in all subcontracts1 of every tier: No Obligation by the Federal Government. -(1) The Recipient2 and Contractor3 acknowledge and agree that, notwithstanding any concurrence by the Federal Gove~nment in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Govemment, the Federal Govemment is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a par[y to that contract) per[aining to any matter resulting from the underlying contract. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et se~ . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Pad 31, apply to its achons 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 FI'A 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 Goveroment deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Govemment under a contract connected with a project that is financed in whole or in part with Federal assistance originally awacded by FI'A under the authority of 49 U.S.C. § 5307, the Government rese~ves 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 approp~iate. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth 1 The tean "subcontract" under this addendum is considered to refer to a person who agrees ro pedorm any part of [he labor or material requirements of a contract For construction, alteration or iepaic A person who undertakes to perform a por[ion of a conVac[ involving [he fucnishing of supplies or materials will be considered a "subcontractor" under this secuon if the work in question involves the performance of consWcuon work and is to be perFormed: (I) directly on or near the construction site, or (2) by [he employer for [he specific project on a wstomized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcon[ractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be conswction activity. If the goods or materials in ques[ion are ordinarily sold to other wstomers from regulu inventory, the supplier is not a"subcontractor." The term, "Recipient" shall mean [he Salem Area Mass Transit District. 3 The tecm, "Contractor" shall refer to a party under any agreement undertaking contcactual obligations to or for the benefit of one or more other par[ies which includes [he Salem Area Mass Transit District. Addendum, Fl'A Contract Requirements Page - 1 0318971157