4,000 Amp Electrical Switchboards for GoDurham Battery Electric Bus Charging

Federal Clauses Yes No
1 Fly America Requirements X
2 Buy America Requirements (Rolling Stock) X
3 Cargo Preference X
4 Energy Conservation X
5 Clean Water X
6 Bus Testing (Rolling Stock) X
7 Pre-Award & Post-Delivery Audit Requirements X
8 Lobbying X
9 Access to Records and Reports X
10 Federal Changes X
11 Clean Air X
12 Contract Work Hours and Safety Standards Act X
13 No Government Obligation to Third Parties X
14 Program Fraud and False or Fraudulent Statement or Related Acts X
15 Termination X
16 Government-Wide Debarment and Suspension (Non-Procurement) X
17 Contracts Involving Federal Privacy Act Requirements X
18 Civil Rights Requirements X
19 Breaches and Dispute Resolution X
20 Disadvantaged Business Enterprise X
21 Prompt Payment X
22 Incorporation of Federal Transit Administration (FTA) Terms X
23 Full and Open Competition X
24 Prohibition Against Exclusionary or Discriminatory Specifications X
25 Conformance with ITS National Architecture X
26 Access Requirements for Persons with Disabilities X
27 Notification of Federal Participation X
28 Interest of Members or Delegates to Congress X
29 Ineligible Contractors and Subcontractors X
30 Other Contract Requirements X
31 Compliance with Federal Regulations X
32 Real Property X
33 Access to Services for Persons with Limited English Proficiency X
34 Environmental Justice X
35 Environmental Protections X
36 Geographic Information and Related Spatial Data X
37 Geographic Preference X
38 Federal Single Audit Requirements for State-Administered Federally Aid-Funded Projects Only X
39 Catalog of Federal Domestic Assistance (CFDA) Identification Number X
40 CFDA Number for the Federal Transportation Administration X
41 Recycled Products Contract Work Hours & Safety Standards Act X
42 Charter Bus Requirements X
43 School Bus Requirements X
44 Transit Employee Protective Provisions X
45 Drug and Alcohol Abuse and Testing X
46 Patent and Rights in Data X
47 Davis Bacon and Copeland Anti-Kickback Acts X
48 Privacy Act X
49 Contracts involving Federal Privacy Act Requirements X
50 Veterans Preferences X
51 Safe Operation of Motor Vehicles X
52 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment X
53 Severability X
54 Trafficking in Persons X
55 Notice to FTA and U.S. DOT inspector general of information related to fraud, waste, abuse, or other legal matters - X
applicable to: contracts more than $25,000.
56 Federal Tax Liability and recent Felony Convictions- applicable to: all contracts transactions prohibited. X
I certify that I have read and understand the Federal Clauses referenced in this RFP.
Signature Date

1. 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 ($3,000 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 transportation.
2. Buy America Requirements (Rolling Stock)
Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000)
Contractor shall comply with 49 USC 5323(j) and 49 CFR 661, as amended by MAP-21 stating that
Federal funds may not be obligated unless steel, iron and manufactured products used in FTA-
funded projects are produced in the United States, unless a waiver has been granted by FTA or
the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include
software, microcomputer equipment and small purchases (currently less than $100,000) made with
capital, operating or planning funds. Separate requirements for rolling stock are stated at 5323(j)
(2) (C) and 49 CFR 661.11 and as amended by Map-21 (5325). Rolling stock must be manufactured
in the US and have a minimum 60% domestic content and adhere to contract term limitations. A
bidder or offeror shall submit appropriate Buy America certification to the recipient with all bids on
FTA-funded contracts, except those subject to a general waiver. Proposals not accompanied by a
completed Buy America certification shall be rejected as nonresponsive. This requirement does not
apply to lower tier subcontractors.
3. Cargo Preference
Contracts involving equipment, materials or commodities which may be transported by ocean
vessels: These requirements do not apply to micro-purchases ($3,000 or less, except for
construction contracts over $2,000). Contractor shall: a. use privately owned US-Flag commercial
vessels to ship at least 50% 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 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.
4. Energy Conservation
All Contracts except micro-purchases ($3,000 or less, except for construction contracts over
$2,000)
Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated
in the state energy conservation plan issued in compliance with the Energy Policy & Conservation
Act.
5. Clean Water
All Contracts and Subcontracts over $100,000
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report
each violation to the recipient and understands and agrees that the recipient shall, in turn, report
each violation as required to FTA and the appropriate EPA Regional Office. Contractor shall include

these requirements in each subcontract exceeding $100,000 financed in whole or in part with FTA
assistance.
6. Bus Testing
Contractor [manufacturer] shall comply with 49 USC A5323(c) and FTA's implementing regulation
49 CFR 665, to the extent they are consistent with 49 U.S.C. 5318(e), as amended; and shall
perform the following:
a. A manufacturer of a new bus model or a bus produced with a major change in components
or configuration shall provide a copy of the final test report to the recipient prior to the
recipient's final acceptance of the first vehicle.
b. A manufacturer who releases a report under para. 1 above shall provide notice to the
operator of the testing facility that the report is available to the public.
c. If the manufacturer represents that the vehicle was previously tested, the vehicle being
sold should have the identical configuration and major components as the vehicle in the
test report, which must be provided to the recipient prior to the recipient's final acceptance
of the first vehicle. If configuration or components are not identical, the manufacturer shall
provide a description of the change and the manufacturer's basis for concluding that it is
not a major change requiring additional testing.
d. If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass
transit service in the US before Oct. 1, 1988, and is currently being produced without a
major change in configuration or components), the manufacturer shall provide the name
and address of the recipient of such a vehicle and the details of that vehicle's configuration
and major components.
7. Pre-Award & Post Delivery Audit Requirements
Pre-Award & Post-Delivery Audit Requirements - Applicability - Rolling Stock/Turnkey
Contractor shall comply with 49 USC 5323(l) and FTA's implementing regulation 49 CFR 663 and
submit the following certifications:
Buy America Requirements: Contractor shall complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If contractor certifies compliance with Buy
America, it shall submit documentation listing:
a. Component and subcomponent parts of the rolling stock to be purchased identified by
manufacturer of the parts, their country of origin and costs; and
b. The location of the final assembly point for the rolling stock, including a description of the
activities that will take place at the final assembly point and the cost of final assembly.
c. Solicitation Specification Requirements: Contractor shall submit evidence that it will be
capable of meeting the bid specifications.
d. Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit 1)
manufacturer's FMVSS self-certification sticker information that the vehicle complies with
relevant FMVSS or 2) manufacturer's certified statement that the buses will not be subject
to FMVSS regulations.
8. Lobbying
Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service
Contract/Operational Service Contract/Turnkey contracts over $100,000 Byrd Anti-Lobbying
Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to
be codified at 2 U.S.C. 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or
more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any

agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with
respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
9. Access to Records and Reports
Applicability - As shown below. These requirements do not apply to micro-purchases ($3,000 or
less, except for construction contracts over $2,000). The following access to records requirements
applies to this Contract:
a. Where the purchaser is not a State but a local government and is an FTA recipient or a
subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide
the purchaser, the FTA, the US Comptroller General or their authorized representatives
access to any books, documents, papers and contractor records which are pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives,
including any PMO contractor, access to contractor's records and construction sites
pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA
assistance through the programs described at 49 USC 5307, 5309 or 5311.
b. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient
in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA
representatives, including any PMO Contractor, access to contractor's records and
construction sites pertaining to a capital project, defined at 49 USC 5302(a) 1, which
receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.
By definition, a capital project excludes contracts of less than the simplified acquisition
threshold currently set at $100,000.
c. Where the purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital
or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in
accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US
Comptroller General or their authorized representatives, 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.
d. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in
accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC 5302(a) 1) through other than competitive bidding, contractor shall
make available records related to the contract to the purchaser, the Secretary of USDOT
and the US Comptroller General or any authorized officer or employee of any of them for
the purposes of conducting an audit and inspection.
e. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
f. Contractor shall maintain all books, records, accounts and reports required under this
contract for a period of not less than three (3) 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 recipient, FTA Administrator, US Comptroller General, or any of their authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i) (11). FTA does not require the inclusion of these
requirements in subcontracts.
10. Federal Changes
All Contracts except micro-purchases ($3,000 or less, except for construction contracts over
$2,000). 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.

11. Clean Air
a. Contractor shall comply with all applicable standards, orders or regulations pursuant to the
Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient
and understands and agrees that the recipient will, in turn, report each violation as required
to FTA and the appropriate EPA Regional Office.
b. Contractor shall include these requirements in each subcontract exceeding $100,000
financed in whole or in part with FTA assistance.
12. Contract Work Hours & Safety Standards Act
Applicability - Contracts over $100,000
a. Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
b. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in para. (1) of this section, contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in para. (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in para. (1) of this section.
c. Withholding for unpaid wages and liquidated damages - the recipient shall upon its own
action or upon written request of USDOL withhold or cause to be withheld, from any
moneys payable on account of work performed by contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours & Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para (2) of this section.
d. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. Prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.
13. No Government Obligation to Third Parties
Applicability - All contracts except micro-purchases ($3,000 or less, except for construction
contracts over $2,000).
a. The recipient and contractor acknowledge and agree that, notwithstanding any
concurrence by the US Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the US Government, the US
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the recipient, the contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
b. Contractor agrees to include the above clause in each subcontract financed in whole or in
part with FTA assistance. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
14. Program Fraud and False or Fraudulent Statements or Related Acts
Applicability - All contracts except micro-purchases ($3,000 or less, except for construction
contracts over $2,000)
a. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil
Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of
the underlying contract, 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 FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submittal, or certification, the US Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US
Government deems appropriate.
b. If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submittal, or certification to the US Government under a contract connected with a project
that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307,
the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC
5307(n) (1) on contractor, to the extent the US Government deems appropriate.
c. Contractor shall include the above two clauses in each subcontract financed in whole or in
part with FTA assistance. The clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
15. Termination
Applicability - All Contracts over $10,000, except contracts with nonprofit organizations and
institutions of higher learning, where the threshold is $100,000.
a. Termination for Convenience (General Provision) the recipient may terminate this contract,
in whole or in part, at any time by written notice to contractor when it is in the recipient's
best interest. Contractor shall be paid its costs, including contract close-out costs, and profit
on work performed up to the time of termination. Contractor shall promptly submit its
termination claim to the recipient. If contractor is in possession of any of the recipient's
property, contractor shall account for same, and dispose of it as the recipient directs.
b. Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver
items in accordance with the contract delivery schedule, or, if the contract is for services,
and contractor fails to perform in the manner called for in the contract, or if contractor fails
to comply with any other provisions of the contract, the recipient may terminate this contract
for default. Termination shall be affected by serving a notice of termination to contractor
setting forth the manner in which contractor is in default. Contractor shall only be paid the
contract price for supplies delivered and accepted, or for services performed in accordance
with the manner of performance set forth in the contract. If it is later determined by the
recipient that contractor had an excusable reason for not performing, such as a strike, fire,
or flood, events which are not the fault of or are beyond the control of contractor, the
recipient, after setting up a new delivery or performance schedule, may allow contractor to
continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case
of a termination for breach or default, allow contractor an appropriately short period of time
in which to cure the defect. In such case, the notice of termination shall state the time
period in which cure is permitted and other appropriate conditions If contractor fails to
remedy to the recipient's satisfaction the breach or default or any of the terms, covenants,
or conditions of this Contract within ten (10) days after receipt by contractor or written notice
from the recipient setting forth the nature of said breach or default, the recipient shall have
the right to terminate the Contract without any further obligation to contractor. Any such
termination for default shall not in any way operate to preclude the recipient from also
pursuing all available remedies against contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the recipient elects to waive its
remedies for any breach by contractor of any covenant, term or condition of this Contract,
such waiver by the recipient shall not limit its remedies for any succeeding breach of that
or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) the recipient, by
written notice, may terminate this contract, in whole or in part, when it is in the recipient's
interest. If the contract is terminated, the recipient shall be liable only for payment under
the payment provisions of this contract for services rendered before the effective date of
termination.
f. Termination for Default (Supplies and Service) If contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the

contractor fails to comply with any other provisions of this contract, the recipient may
terminate this contract for default. The recipient shall terminate by delivering to contractor
a notice of termination specifying the nature of default. Contractor shall only be paid the
contract price for supplies delivered and accepted, or services performed in accordance
with the manner or performance set forth in this contract. If, after termination for failure to
fulfill contract obligations, it is determined that contractor was not in default, the rights and
obligations of the parties shall be the same as if termination had been issued for the
recipient's convenience.
g. Termination for Default (Transportation Services) If contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if contractor fails to comply with any other
provisions of this contract, the recipient may terminate this contract for default. The
recipient shall terminate by delivering to contractor a notice of termination specifying the
nature of default. Contractor shall only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract. If this contract is
terminated while contractor has possession of the recipient goods, contractor shall, as
directed by the recipient, protect and preserve the goods until surrendered to the recipient
or its agent. Contractor and the recipient shall agree on payment for the preservation and
protection of goods. Failure to agree on an amount shall be resolved under the Dispute
clause. If, after termination for failure to fulfill contract obligations, it is determined that
contractor was not in default, the rights and obligations of the parties shall be the same as
if termination had been issued for the recipient's convenience.
h. Termination for Default (Construction) If contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time
specified, or any extension, or fails to complete the work within this time, or if contractor
fails to comply with any other provisions of this contract, the recipient may terminate this
contract for default. the recipient shall terminate by delivering to contractor a notice of
termination specifying the nature of default. In this event, the recipient may take over the
work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work.
Contractor and its sureties shall be liable for any damage to the recipient resulting from
contractor's refusal or failure to complete the work within specified time, whether or not
contractor's right to proceed with the work is terminated. This liability includes any
increased costs incurred by the recipient in completing the work. Contractor's right to
proceed shall not be terminated nor shall contractor be charged with damages under this
clause if:
i. Delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of contractor. Examples of such causes include: acts of God,
acts of the recipient, acts of another contractor in the performance of a contract with the
recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
j. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing
of the causes of delay. If in the recipient's judgment, delay is excusable, the time for
completing the work shall be extended. The recipient's judgment shall be final and
conclusive on the parties, but subject to appeal under the Disputes clauses. If, after
termination of contractor's right to proceed, it is determined that contractor was not in
default, or that the delay was excusable, the rights and obligations of the parties will be the
same as if termination had been issued for the recipient's convenience.
k. Termination for Convenience or Default (Architect & Engineering) the recipient may
terminate this contract in whole or in part, for the recipient's convenience or because of
contractor's failure to fulfill contract obligations. The recipient shall terminate by delivering
to contractor a notice of termination specifying the nature, extent, and effective date of
termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all
services affected (unless the notice directs otherwise), and (2) deliver to the recipient all
data, drawings, specifications, reports, estimates, summaries, and other information and
materials accumulated in performing this contract, whether completed or in process. If
termination is for the recipient's convenience, it shall make an equitable adjustment in the
contract price but shall allow no anticipated profit on unperformed services. If termination
is for contractor's failure to fulfill contract obligations, the recipient may complete the work
by contact or otherwise and contractor shall be liable for any additional cost incurred by the
recipient. If, after termination for failure to fulfill contract obligations, it is determined

that contractor was not in default, the rights and obligations of the parties shall be the same
as if termination had been issued for the recipient's convenience.
l. Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate
this contract, or any portion of it, by serving a notice or termination on contractor. The notice
shall state whether termination is for convenience of the recipient or for default of
contractor. If termination is for default, the notice shall state the manner in which contractor
has failed to perform the requirements of the contract. Contractor shall account for any
property in its possession paid for from funds received from the recipient, or property
supplied to contractor by the recipient. If termination is for default, the recipient may fix the
fee, if the contract provides for a fee, to be paid to contractor in proportion to the value, if
any, of work performed up to the time of termination. Contractor shall promptly submit its
termination claim to the recipient and the parties shall negotiate the termination settlement
to be paid to contractor. If termination is for the recipient's convenience, contractor shall be
paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in
proportion to the work performed up to the time of termination. If, after serving a notice of
termination for default, the recipient determines that contractor has an excusable reason
for not performing, such as strike, fire, flood, events which are not the fault of and are
beyond the control of contractor, the recipient, after setting up a new work schedule, may
allow contractor to continue work, or treat the termination as a termination for convenience.
16. Government Wide Debarment and Suspension (Non-Procurement)
The Recipient agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180,
subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which
include the following: (a) It will not enter into any arrangement to participate in the development or
implementation of the Project with any Third Party Participant that is debarred or suspended except
as authorized by: 1 U.S. DOT regulations, "Non-procurement Suspension and Debarment," 2
C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Government wide Debarment and
Suspension (Non-procurement)," 2 C.F.R. part 180, including any amendments thereto, and 3
Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. 6101 note,
(b) It will review the U.S. GSA "System for Award Management," https://www.sam.gov, if required
by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third
Party Participants to include, a similar provision in each lower tier covered transaction, ensuring
that each lower tier Third Party Participant:
a. Will comply with Federal debarment and suspension requirements, and 2 Reviews the
"System for Award Management" at https://www.sam.gov, if necessary to comply with U.S.
DOT regulations, 2 C.F.R. part 1200, and
b. If the Recipient suspends, debars, or takes any similar action against a Third-Party
Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA
Regional Counsel for the Region in which the Recipient is located or implements the
Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters
Office, or (c) FTA Chief Counsel.
17. Contracts Involving Federal Privacy Act Requirements
When a grantee maintains files on drug and alcohol enforcement activities for FTA and those files
are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts except micro-purchases ($3,000 or less, except for construction
contracts over $2,000). The following requirements apply to the Contractor and its employees that
administer any system of records on behalf of the Federal Government under any contract:
a. The Contractor 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 Contractor agrees to obtain the express consent of
the Federal Government before the Contractor or its employees operate a system of
records on behalf of the Federal Government. The Contractor 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 in termination of the underlying contract.
b. The Contractor also agrees to include these requirements 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.

18. Civil Rights Requirements
Applicability - All contracts except micro-purchases ($3,000 or less, except for construction
contracts over $2,000) The following requirements apply to the underlying contract: The Recipient
understands and agrees that it must comply with applicable Federal civil rights laws and
regulations, and follow applicable Federal guidance, except as the Federal Government determines
otherwise in writing. Therefore, unless a Recipient or Program, including an Indian Tribe or the
Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance
with that civil rights statute, including compliance with equity in service:
a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to,
and assures that each Third Party Participant will, comply with Federal transit law, 49
U.S.C. 5332 (FTA's "Nondiscrimination" statute): (1) FTA's "Nondiscrimination" statute
prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin,
(e) Sex, (f) Disability, or (g) Age, and (2) The FTA "Nondiscrimination" statute's prohibition
against discrimination includes: (a) Exclusion from participation, (b) Denial of program
benefits, or (c) Discrimination, including discrimination in employment or business
opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The
most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for
Federal Transit Administration Recipients," to the extent consistent with applicable Federal
laws, regulations, and guidance, and 2 Other applicable Federal guidance that may be
issued, but (b) Exception for the Tribal Transit Program. FTA does not require an Indian
Tribe to comply with FTA program-specific guidelines for Title VI when administering its
projects funded under the Tribal Transit Program,
b. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to, and assures
that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, (b)
Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI
of the Civil Rights Act of 1964," 49 C.F.R. part 21, and (c) Federal transit law, specifically
49 U.S.C. 5332, as stated in the preceding section a, and (3) Except as FTA determines
otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, "Title VI
and Title VI-Dependent Guidelines for Federal Transit Administration Recipients," to the
extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ,
"Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. 50.3, and
(c) Other applicable Federal guidance that may be issued,
c. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient
agrees to, and assures that each Third Party Participant will, prohibit discrimination on the
basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., (b) Facilitate compliance
with Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal
Employment Opportunity," 42 U.S.C. 2000e note, (c) Comply with Federal transit law,
specifically 49 U.S.C. 5332, as stated in section a, and (d) Comply with other applicable
EEO laws and regulations, as provided in Federal guidance, including laws and regulations
prohibiting discrimination on the basis of disability, except as the Federal Government
determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that
applicants for employment are employed and employees are treated during employment
without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability,
6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1
Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of
compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers,
9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil
Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer".
(3) Equal Employment Opportunity Requirements for Construction Activities. In addition to
the foregoing, when undertaking "construction" as recognized by the U.S. Department of
Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each
Third Party Participant, with: (a) U.S. DOL regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.
chapter 60, and (b) Executive Order No. 11246, "Equal Employment Opportunity," as

amended by Executive Order No. 11375, "Amending Executive Order No. 11246, Relating
to Equal Employment Opportunity," 42 U.S.C. 2000e note,
d. Disadvantaged Business Enterprise. To the extent authorized by applicable Federal law,
the Recipient agrees to facilitate, and assures that each Third-Party Participant will
facilitate, participation by small business concerns owned and controlled by socially and
economically disadvantaged individuals, also referred to as "Disadvantaged Business
Enterprises" (DBEs), in the Project as follows: 1) Requirements. The Recipient agrees to
comply with: (a) Section 1101(b) of MAP-21, 23 U.S.C. 101 note, (b) U.S. DOT
regulations, "Participation by disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs," 49 C.F.R. part 26, and (c) Federal transit
law, specifically 49 U.S.C. 5332, as stated in section a, (2) Assurance. As required by 49
C.F.R. 26.13(a), (b) DBE Program Requirements. Recipients receiving planning, capital
and/or operating assistance that will award prime third-party contracts exceeding $250,000
in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R.
part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE
participation goal, (c) Special Requirements for a Transit Vehicle Manufacturer. The
Recipient understands and agrees that each transit vehicle manufacturer, as a condition
of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must
certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient
provides assurance that: The Recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any DOT-assisted contract or in the
administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient
shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts. The
Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Recipient of its failure to carry out its approved program, the
Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., (2) Exception for the
Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business
Enterprise regulations at 49 C.F.R. part 26 under MAP-21 and previous legislation,
e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal
prohibitions against discrimination on the basis of sex, including: (1) Title IX of the
Education Amendments of 1972, as amended, 20U.S.C. 1681 et seq., (2) U.S. DOT
regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance," 49 C.F.R. part 25, and (3) Federal transit law,
specifically 49 U.S.C. 5332, as stated in section a,
f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal
prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act (ADEA), 29 U.S.C. 621 - 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625,
which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq., which prohibits discrimination against individuals on the basis of
age in the administration of programs or activities receiving Federal funds, (4) U.S. Health
and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, which implements
the Age Discrimination Act of 1975, and (5) Federal transit law, specifically 49 U.S.C.
5332, as stated in section a,
g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the
following Federal prohibitions pertaining to discrimination against seniors or individuals with
disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973,
as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in the
administration of federally funded programs or activities, (b) The Americans with
Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 12101 et seq., which requires that
accessible facilities and services be made available to individuals with disabilities, 1
General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While
Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes