Last Revised: __________ Page 1 of 40

FEDERAL FUNDING

SUPPLEMENT

FOR ALL

FEDERALLY FUNDED

PROCUREMENTS

South Florida Regional Transportation Authority (SFRTA)

PROCUREMENT DEPARTMENT

801 NW 33

rd STREET POMPANO BEACH, FL 33064

LAST REVISED: DECEMBER 16, 2025

http://www.fta.dot.gov/12831_6195.html

Table of Contents

APPLICABLE PROVISIONS

REQUIRED CERTIFICATIONS/AFFIDAVITS

CONTRACT SUBJECT TO FEDERAL FINANCIAL ASSISTANCE/APPLICATION OF PROVISIONS AND CLAUSES

1. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES INCLUDING THE

CONTRACTOR AND ITS SUBCONTRACTORS

2. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS - CIVIL AND CRIMINAL FRAUD

3. ACCESS TO THIRD PARTY CONTRACT RECORDS AND SITES OF PERFORMANCE

4. CHANGES TO FEDERAL REQUIREMENTS

5. CIVIL RIGHTS (TITLE VI, ADA, EEO) AND PROMOTING FREE SPEECH AND RELIGIOUS

LIBERTY

6. DISADVANTAGED BUSINESS ENTERPRISES (DBEs) [

7. INCORPORATION OF FTA TERMS

8. ENERGY CONSERVATION

9. FEDERAL TAX LIABILITY/FELONY CRIMINAL VIOLATION

10. VETERANS EMPLOYMENT. As provided by 49 U.S.C. § 5325(k)

11. TERMINATION (Appendix II to 2 C.F.R. Part 200)

12. DEBARMENT AND SUSPENSION

13. RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION

14. BUY AMERICA (Iron, Steel, and Manufactured Products, including Rolling Stock)

15. BUILD AMERICA, BUY AMERICA ACT (For Construction Materials)

16. LIMITATION ON ROLLING STOCK PROCUREMENTS

17. LOBBYING

18. CLEAN AIR

19. CLEAN WATER

20. CARGO PREFERENCE (For, Rolling Stock, Construction and Materials/Supplies)

21. FLY AMERICA

22. FTA - CONSTRUCTION EMPLOYEE PROTECTIONS – DAVIS–BACON ACT (40 U.S.C. §§

3141-3144 and 3146-3148 and 49 C.F.R. Part 5)

23. CONSTRUCTION EMPLOYEE PROTECTIONS – COPELAND ANTI-KICKBACK ACT (for the actual construction, alternation and/or repair, including painting and decorating of a public building or public work)

24. BONDING REQUIREMENTS (2 CFR §200.326)

25. CONSTRUCTION EMPLOYEE PROTECTION-CONTRACT WORK HOURS & SAFETY

STANDARDS ACT

26. SEISMIC SAFETY

27. NONCONSTRUCTION EMPLOYEE PROTECTION – CONTRACT WORK HOURS

28. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS

29. CHARTER SERVICE OPERATIONS

30. SCHOOL BUS OPERATIONS

31. DRUG USE AND TESTING

32. ALCOHOL MISUSE AND TESTING

33. PATENT AND RIGHTS IN DATA

34. SPECIAL NOTIFICATION REQUIREMENT FOR STATES

35. RECYCLED PRODUCTS

36. CONFORMANCE WITH NATIONAL ITS ARCHITECTURE

37. ADA ACCESS

38. BUS TESTING

39. PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS

40. TVM CERTIFICATION

41. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

42. SAFE OPERATION OF MOTOR VEHICLES

APPLICABLE PROVISIONS

= Applicable to this solicitation and/or purchase

1. ☒ NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES INCLUDING

THE CONTRACTOR AND ITS SUBCONTRACTORS

2. ☒ FALSE OR FRAUDULENT STATEMENTS OR CLAIMS - CIVIL AND CRIMINAL

FRAUD

3. ☒ ACCESS TO THIRD PARTY CONTRACT RECORDS AND SITES OF

PERFORMANCE

4. ☒ CHANGES TO FEDERAL REQUIREMENTS

5. ☒ CIVIL RIGHTS (TITLE VI, ADA, EEO) AND PROMOTING FREE SPEECH AND

RELIGIOUS LIBERTY

6. ☒ DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

7. ☒ INCORPORATION OF FTA TERMS

8. ☒ ENERGY CONSERVATION

9. ☒ FEDERAL TAX LIABILITY/FELONY CRIMINAL VIOLATION

10.☐ VETERANS EMPLOYMENT. As provided by 49 U.S.C. § 5325(k)

11.☐ TERMINATION (Appendix II to 2 C.F.R. Part 200)

12.☐ DEBARMENT AND SUSPENSION

13.☐ RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION

14.☐ BUY AMERICA (Iron, Steel, Manufactured Products)

15.☐ BUY AMERICA, BUILD AMERICA CERTIFICATION (Construction Materials)

16.☐ NDAA CERTIFICATION (Rolling Stock)

17.☐ LOBBYING

18.☐ CLEAN AIR

19.☐ CLEAN WATER

20.☐ CARGO PREFERENCE (For, Rolling Stock, Construction and Materials/Supplies)

21.☐ FLY AMERICA

22.☐ FTA - CONSTRUCTION EMPLOYEE PROTECTIONS – DAVIS–BACON ACT (40

U.S.C. §§ 3141-3144 and 3146-3148 and 49 C.F.R. Part 5)

23.☐ CONSTRUCTION EMPLOYEE PROTECTIONS – COPELAND ANTI-KICKBACK

ACT (for the actual construction, alternation and/or repair, including painting and decorating of a public building or public work)

24.☐ BONDING REQUIREMENTS (2 CFR §200.326)

25.☐ CONSTRUCTION CONTRACT WORK HOURS & SAFETY STANDARDS ACT

26.☐ SEISMIC SAFETY

27.☐ NONCONSTRUCTION CONTRACT WORK HOURS ACT

28.☐ TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS

29.☐ CHARTER SERVICE OPERATIONS

30.☐ SCHOOL BUS OPERATIONS

31.☐ DRUG USE AND TESTING

X

X

X

X

X

32.☐ ALCOHOL MISUSE AND TESTING

33.☐ PATENT AND RIGHTS IN DATA

34.☐ SPECIAL NOTIFICATION REQUIREMENT FOR STATES (ONLY APPLIES IF

STATE REQUIRES THIS - SEE NOTE TO PROCUREMENT UNDER THIS

PROVISION)

35.☐ RECYCLED PRODUCTS

36.☐ CONFORMANCE WITH NATIONAL ITS ARCHITECTURE

37.☐ ADA ACCESS

38.☐ BUS TESTING

39.☐ PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS

40.☐ TVM CERTIFICATION

41.☒ PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

42.☒ SAFE OPERATION OF MOTOR VEHICLES

REQUIRED CERTIFICATIONS/AFFIDAVITS

= Applicable to this solicitation and/or purchase

☒EXHIBIT 1 – Schedule of Subcontractor Participation

☐EXHIBIT 2 - RESERVED

☐EXHIBIT 3 – RESERVED

☐EXHIBIT 4 – RESERVED

☐EXHIBIT 5 – RESERVED

☒EXHIBIT 6 - Monthly Subcontractor Utilization Report

☒EXHIBIT 7 - Certificate of Disbursement of Previous Periodic Payment to Subcontractors

☒EXHIBIT 8 - Federal Tax Liability and Recent Felony Convictions Certification

☒EXHIBIT 9 - Debarment & Suspension (Nonprocurement) Certification

☐EXHIBIT 10 - Buy America Certification (Iron, Steel, Manufactured Products)

☐EXHIBIT 11 – Buy America, Build America Certification (Construction Materials)

☐EXHIBIT 12 – NDAA Certification (Rolling Stock)

☐EXHIBIT 13 – Payment Application Form (Buy America/Buy America, Build America)

☐EXHIBIT 14 - Restrictions on Lobbying and Non-Collusion Affidavit/Certification

☐EXHIBIT 15 – Seismic Safety Certification

☐EXHIBIT 16 - Transit Vehicle Manufacturer (TVM) Certification of Compliance

☒EXHIBIT 17 – Contractor Acknowledgement

All of the above referenced Exhibits are attached hereto and made a part hereof this Federal Funding Supplement.

References in this Federal Funding Supplement or in any of the Exhibits to “Bidders” or “Proposers” shall also mean the entity that enters into the Agreement with SFRTA. References in this Federal Supplement and any Exhibits to “Contractor” shall also mean “Consultant” as applicable.

References herein to “subcontractors” shall mean any subcontractors hired by the Contractor to perform Work related to this Contract regardless of tier. References herein to “contracting officer” shall mean SFRTA’s “Chief Contracting Officer.” All other definitions of the Contract are incorporated by reference.

Should there be a conflict between the definitions in this Federal Funding Supplement and the other Contract Documents, the definitions of this Federal Funding Supplement shall govern. In addition, should there be a conflict between the General Terms and Conditions and this Federal Funding Supplement, the terms of the Federal Funding Supplement shall control.

Failure by the Contractor to provide the properly completed and fully executed applicable certifications/affidavits required by this Federal Funding Supplement may, at SFRTA’s sole discretion, result in the Bid or Proposal being deemed non-responsive or the Offer rejected.

CONTRACT SUBJECT TO FEDERAL FINANCIAL ASSISTANCE/APPLICATION OF

PROVISIONS AND CLAUSES

This Contract/Project is funded in whole or in part by grants from the Federal Transit Administration (FTA) of the United States Department of Transportation. The award of any contract is subject to the requirements of financial assistance contracts between the South Florida Regional Transportation Authority (hereinafter referred to as “SFRTA”) and the U.S. Department of Transportation requiring compliance with purchasing procedures and standards as set forth in various federal statutes and regulations including 49 CFR Part 18, 2 CFR 200, and the FTA Circular 4220.1G. The Contractor/Proposer/Bidder (may also be referred to herein as only “Contractor” unless expressly indicated otherwise) is required to comply with all terms and conditions prescribed for third-party contracts by FTA. The Contractor is responsible for ensuring its compliance with all applicable FTA requirements. Additionally, the Contractor is responsible for ensuring that subcontractors, at as many tiers of the Project as required, perform in accordance with the terms, conditions and specifications of the Contract, including all applicable FTA requirements. Upon request of SFRTA or FTA, the Contractor shall provide evidence of the steps it has taken to ensure its compliance with the FTA requirements, as well as evidence of the steps it has taken to ensure subcontractor performance, and/or submit evidence of each subcontractor’s compliance at all tiers. The following provisions and required Contract provisions shall be incorporated by reference in the Contract. These provisions are in addition to other General Terms and

Conditions, Special Terms and Conditions, Solicitation Documents and Bid or Proposal Forms which may also be incorporated by reference in any resulting Contract. Some provisions require the Proposer, Bidder or

Contractor to execute and submit certain required certifications with the Proposal, Bid or Agreement, which are attached to this Federal Funding Supplement. Failure to execute and submit required certifications with the Proposal, Bid or Contract Documents may render a Proposal or Bid non-responsive or an Agreement null and void. SFRTA has provided guidance to the Contractor by indicating applicable provisions and certifications in this Federal Funding Supplement. However, SFRTA shall not be liable to the Contractor whatsoever for any mistakes or errors in determining the application of the provisions or certifications to the

Agreement.

PROVISIONS 1 THROUGH 9 APPLY TO ALL CONTRACTS (see also Provisions 41 and 42)

1. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES INCLUDING THE

CONTRACTOR AND ITS SUBCONTRACTORS

A. SFRTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the

Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this

Contract and shall not be subject to any obligations or liabilities to SFRTA, 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

Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS - CIVIL AND CRIMINAL FRAUD

A. Contractor 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 or performance 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 the

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, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on

Contractor to the extent the Federal Government deems appropriate.

B. 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 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 Contractor, to the extent the Federal Government deems appropriate.

C. Contractor 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.

3. ACCESS TO THIRD PARTY CONTRACT RECORDS AND SITES OF PERFORMANCE

A. For a period of three years following Contract closing, the Contractor shall maintain, preserve and make available to SFRTA, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times, complete and readily accessible, all books, records, accounts, reports, papers, including but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any types and supporting materials of Contractor, which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions.

B. Contractor also agrees, pursuant to 49 CFR 633.17, to provide the FTA Administrator or their authorized representatives, including any project management oversight contractor, access to

Contractor's records, information and construct ion sites (including all Work and materials) pertaining to a major capital project, defined at 49 U.S.C. § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. §§ 5307, 5309 or 5311.

C. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R.

§ 200.334. The Contractor agrees to maintain, complete and readily accessible, all books, records, accounts, reports, including but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any types and supporting materials 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 or in the event the Contractor is informed in writing to extend the three (3) year period, in which case the Contractor agrees to maintain same until SFRTA, the FTA Administrator, the US

Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

D. The Contractor shall maintain, and SFRTA shall have the right to examine and audit, all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this Contract. This right of examination shall include inspection at all reasonable times of the Contractor’s offices engaged in performing the Contract.

E. If this Contract is completely or partially terminated, the Contractor shall make available the records relating to the Work terminated until three years after any resulting final termination settlement. The

Contractor shall make available records relating to appeals under the Claims and Disputes clause in the General Terms and Conditions or to litigation or the settlement of claims arising under or relating to this Contract until such appeals, litigation, or claims are finally resolved.

F. This provision entitled “Access to Third Party Contract Records and Sites of Performance” applies with equal force and effect to any subcontractors at any tier hired by the Contractor to perform Work under this Contract. The Contractor shall insert this provision in all subcontracts at all tiers under this

Contract and require subcontractor compliance therewith.

4. CHANGES TO FEDERAL REQUIREMENTS

Contractor shall at all times comply with all applicable USDOT and FTA regulations, policies, procedures and directives, including, without limitation, those listed herein or included in the current Master Agreement between SFRTA and FTA, as they may be amended or promulgated from time to time during the term of this

Contract (“Federal Requirements”). Contractor's failure to so comply shall constitute a material breach of this

Contract. Contractor may contact either SFRTA or FTA for a copy of the current FTA Master Agreement or access it from FTA’s website (www.transit.dot.gov). The Federal Requirements and any changes to the

Federal Requirements during the term of the Agreement are incorporated herein by reference and made a part hereof. The Federal Requirements and any changes to them shall apply to both the Contractor and all subcontractors.

5. CIVIL RIGHTS (TITLE VI, ADA, EEO) AND PROMOTING FREE SPEECH AND RELIGIOUS

LIBERTY

The following requirements apply to the Contract (except provision C(4) which applies only to construction projects):

A. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the

Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, Federal transit law at 49 U.S.C. § 5332, and

FTA Circular 4704. Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, creed, national origin, sex (including sexual orientation), age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements USDOT or FTA may issue.

B. Promoting Free Speech and Religious Liberty. The Contractor shall ensure it complies with all provisions of the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

C. Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying Contract:

1. Race, Color, Religion, Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights

Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of this Contract. Contractor agrees to take affirmative action to ensure that applicants http://www.transit.dot.gov/ are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

2. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

3. Disabilities- In accordance with Title 1 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq. and section 102 of the Americans with Disabilities Act, as amended, 42

U.S.C. § 12112, Contractor agrees that it will comply with the requirements of U.S. Equal

Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

4. The following EEO clauses apply to all Agreements for construction (41 C.F.R. Chapter 60).

During the performance of this Agreement the Contractor agrees as follows:

a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following:

b) Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

c) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin.

d) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 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https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9e151c776428125f672d5a88186d9d6c&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1341967f12aae2ba4918fc144e8e337a&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1341967f12aae2ba4918fc144e8e337a&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=032c994483f5d63a2bfcb34d7038870c&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

e) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

f) The Contractor will comply with all provisions of Executive Order 14173 of January 21, 2025, and of the rules, regulations, and relevant orders of the Secretary of Labor.

D. The Contractor shall:

1. Prohibit discrimination based on race, color, religion, national origin, sex, disability, or age.

2. Prohibit the:

a) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332;

b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C.

§ 5332; or

c) Discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

d) Follow 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, requirements, and guidance; but FTA does not require an Indian Tribe to comply with FTA program- specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program.

E. Contractor agrees to include these requirements in each subcontract financed in whole or in part with

Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

6. DISADVANTAGED BUSINESS ENTERPRISES (DBEs)

A. USDOT Interim Final Rule, entitled “Disadvantaged Business Enterprise Program and

Disadvantaged Business Enterprise in Airport Concessions Program Implementation

Modifications” (IFR)

• This contract is subject to the requirements of the IFR. The IFR became effective on

October 3, 2025. The IFR changes the eligibility requirements for DBEs and requires federal funding recipients, such as SFRTA, to suspend certain portions of its DBE https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1341967f12aae2ba4918fc144e8e337a&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e5c9c9cc685d320604ebfce6cc586427&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e5c9c9cc685d320604ebfce6cc586427&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9e151c776428125f672d5a88186d9d6c&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1341967f12aae2ba4918fc144e8e337a&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=22edf9acbb0b836eba994727b86adedf&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=0f7d242f378d28d188cc19f2db0b1d04&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1341967f12aae2ba4918fc144e8e337a&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=11ed7b108f4f698848db076411872c73&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=584e07cdf29462bb61aed704f90aa246&term_occur=999&term_src=Title:41:Subtitle:B:Chapter:60:Part:60-1:Subpart:A:60-1.4 program while re-certification of DBEs occurs using the new eligibility requirements. Per the requirements of the IFR, to the extent that any language in this Federal Funding

Supplement incorporates by reference or uses directly any “race-neutral” or “race conscious” language, it is replaced with “DBE-neutral” or “DBE-conscious,” as applicable.

• On existing contracts, any agency DBE goal becomes 0%.

• For solicitation and contracts entered into after the effective date of October 3, 2025, there is no DBE goal.

B. This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises (DBEs) in Department of Transportation

Financial Assistance Programs, as amended by the IFR. The objectives of 49 C.F.R. Part 26 are listed below. These objectives are only applicable if not suspended under the IFR. The objectives are:

• To ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts;

• To create a level playing field on which DBEs can compete fairly for U.S. DOT-assisted contracts;

• To ensure that the DBE program is narrowly tailored in accordance with applicable law;

• To ensure that only firms that fully meet 49 C.F.R Part 26’s eligibility standards are permitted to participate as DBEs;

• To help remove barriers to the participation of DBEs in U.S. DOT-assisted contracts;

• To promote the use of DBEs in all types of federally-assisted contracts and procurement activities;

• To assist the development of firms that can compete successfully in the marketplace outside the DBE program; and

• To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs.

C. This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial

Assistance Programs. The requirements of this section are in addition to all other equal opportunity employment requirements of this Contract. SFRTA shall make all determinations with regard to whether or not a Contractor/Proposer/Bidder/Offeror is in compliance with the requirements stated herein.

Each Proposer/Bidder/Offeror shall submit the following with its proposal/bid/offer:

• A Schedule of Subcontractor Participation form showing the subcontractors that they intended to use during the Project (see Exhibit 1).

D. Monthly Subcontractor Utilization Report

Contractor shall provide a Monthly Subcontractor Utilization Report with each application for payment (see Exhibit 6).

E. The Contractor and each of its subcontractor (regardless of tier) shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract or any subcontract

(regardless of tier), as applicable. The Contractor and each of its subcontractors shall carry out applicable requirements of 49 CFR Parts 21 and 26, and the IFR, in the award and administration of this U.S. DOT-assisted Contract and any subcontracts, as applicable.

F. The Contractor and each of its subcontractor must take all necessary and reasonable steps under 49 C.F.R. Part 26, as amended by the IFR to ensure nondiscrimination in the award and administration of the Contract and each subcontract, as applicable.

G. Subject to the IFR, failure by the Contractor or any of its subcontractors to carry out the requirements of this provision is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as SFRTA deems appropriate, which may include, but is not limited to: withholding monthly progress payments; assessing sanctions, liquidated damages and/or disqualifying the Contractor from future bidding or proposing as non-responsible. Each subcontract (regardless of tier) the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

H. The Contractor is required to pay its subcontractors performing Work related to this Contract for satisfactory performance of that Work no later than thirty (30) days after the Contractor’s receipt of payment for that Work from SFRTA. In addition, the Contractor shall return any retainage payments to subcontractors within thirty (30) days after incremental acceptance of the subcontractor’s Work by SFRTA and Contractor’s receipt of the partial retainage payment related to the subcontractor’s Work.

I. All retainage amounts must be paid by the Contractor to the Subcontractor no later than thirty

(30) days after the subcontractor has, in the opinion of the Contractor, satisfactorily completed its portion of the Work.

J. A delay in or postponement of payment to a subcontractor requires good cause and prior written approval of the SFRTA Chief Contracting Officer.

K. The Contractor is required to include, in each subcontract, a clause requiring the use of appropriate arbitration mechanisms to resolve all payment disputes.

L. SFRTA shall not pay the Contractor for Work performed unless and until the Contractor ensures that the subcontractors have been promptly paid for the Work they have performed under all previous payment requests, as evidenced by the filing with SFRTA of lien waivers, canceled checks (if requested), and the Contractor’s sworn statement that it has complied with the prompt payment requirements. The Contractor must submit a prompt payment affidavit, (see Exhibit 7 entitled “Certificate of Disbursement of Previous Periodic Payment to Subcontractors”) which identifies each subcontractor and the date and amount of the last payment to such subcontractor, with every payment request filed with SFRTA, except for the first payment request.

M. Failure to comply with these prompt payment requirements is a breach of the Contract, which may lead to any remedies permitted under law, including, but not limited to, Contractor debarment.

N. The Contractor also agrees to comply with the requirements of Section 1101(b) of the Fast Act, Pub. L. 14-94, and 49 U.S.C. §5332 and any applicable provisions of the Infrastructure

Investment and Jobs Acts of 2021, Public Law No. 117-58, November 15, 2021, the IFR and other authorizing legislation that may be enacted.

7. INCORPORATION OF FTA TERMS

The Agreement is subject to the requirements of the Federal Transit Administration Master Agreement effective February 9, 2021, as amended (see link below), as applicable to the Federal fiscal year in which the

Solicitation Documents or Contract are issued/awarded (“FTA Master Agreement”) (see link below). For the avoidance of doubt, the version of the FTA Master Agreement that applies to the Solicitation Documents or the awarded Contract is the version in effect at the time in which either the Solicitation is published by SFRTA or the Contract is awarded by SFRTA (in the event there are any changes issued by FTA following the date of the Solicitation’s publication and prior to the award of the Contract). In addition, all contractual provisions required by U.S. DOT, as set forth in FTA Circular 4220.1G (entitled, “Third Party Contracting Guidance”) dated January 17, 2025, as amended, are hereby incorporated by reference (“FTA Circular”) (see link below).

In the event of a conflict between the provisions of the General Terms and Conditions and either the FTA

Master Agreement or the FTA Circular, the applicable FTA document will control. In the event of a conflict between the FTA Master Agreement and the FTA Circular, the FTA Master Agreement shall control. The

Contractor shall not perform any act, fail to perform any act, or refuse to comply with any SFRTA requests which would cause SFRTA to be in violation of the FTA Master Agreement or the FTA Circular. Both the FTA

Master Agreement and the FTA Circular are incorporated herein by reference and made a part hereof.

FTA Master Agreement (link to FY21 Master Agreement is provided, but Contractor is obligated to obtain most recent FTA Master Agreement from FTA’s website at www.transit.dot.gov):

www.transit.dot.gov/sites/fta.dot.gov/files/2021-02/FTA-Master-Agreement-v28-2021-02-09.pdf

FTA Circular: https://www.transit.dot.gov/sites/fta.dot.gov/files/2025-01/Third-Party-Contracting-Guidance-

%28Circular-4220.1G%29.pdf

8. ENERGY CONSERVATION

Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan, if any, issued in compliance with the Energy Policy and http://www.transit.dot.gov/sites/fta.dot.gov/files/2021-02/FTA-Master-Agreement-v28-2021-02-09.pdf

Conservation Act. This requirement applies to the Contractor and all subcontractors.

9. FEDERAL TAX LIABILITY/FELONY CRIMINAL VIOLATION

The Contractor shall certify that it: (a) does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

and (b) was not convicted of the felony criminal violation under any Federal law (including a conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. §3559) within the preceding twenty-four (24) months (see Exhibit 8 entitled, “Federal Tax Liability/Felony Criminal Violation Certification”). U.S. DOT

Order 4200.6

The Contractor shall require all subcontractors, regardless of tier, to complete the same certification regardless of the value of the subcontract.

PROVISION 10 APPLIES TO ALL CAPITAL PROJECTS

(AS THAT TERM IS DEFINED IN 49 U.S.C §5302(3) – SEE BELOW)

10. VETERANS EMPLOYMENT. As provided by 49 U.S.C. § 5325(k)

A. To the extent practicable, Contractor agrees that it:

1) Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with funds made available or appropriated for 49 U.S.C. chapter 53, and

2) Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee, and

B. Contractor shall include paragraphs 10.A. (1) and (2) above in all its subcontracts.

The term “capital project” means a project for: (A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction

(including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus; (C) remanufacturing a bus; (D) overhauling rail rolling stock; (E) preventive maintenance; (F) leasing equipment or a facility for use in public transportation;

(G) a joint development improvement that— (i) enhances economic development or incorporates private investment, such as commercial and residential development; (ii) (I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or (II) establishes new or enhanced coordination between public transportation and other transportation; (iii) provides a fair share of revenue that will be used for public transportation; (iv) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and (v) may include— (I) property acquisition; (II) demolition of existing structures; (III) site preparation; (IV) utilities; (V) building foundations; (VI) walkways; (VII) pedestrian and bicycle access to a public transportation facility; (VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals; (IX) renovation and improvement of historic transportation facilities; (X) open space; (XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications); (XII) facilities that incorporate community services such as daycare or health care; (XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; and (XIV) construction of space for commercial uses; (H) the introduction of new technology, through innovative and improved products, into public transportation; (I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the

Americans with Disabilities Act of 1990 ( 42 U.S.C. 12143 ), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts— (i) not to exceed 10 percent of such recipient’s annual formula apportionment under sections

5307 and 5311; or (ii) not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements: (I) Provides an active fixed route travel training program that is available for riders with disabilities. (II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis. (III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities. (J) establishing a debt service reserve, made up of deposits with a bondholder’s trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; (K) mobility management— (i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309 ); but (ii) excluding operating public transportation services; (L) associated capital maintenance, including— (i) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and (ii) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used; (M) associated transit improvements; or (N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c) ) or facilities.

PROVISION 11 APPLIES TO AWARDS EXCEEDING $10,000

11. TERMINATION (Appendix II to 2 C.F.R. Part 200)

See SFRTA’s General Terms and Conditions for the provisions regarding termination for convenience and termination for default.

PROVISIONS 12 AND 13 APPLY TO ALL AWARDS EQUAL TO OR EXCEEDING

$25,000

12. DEBARMENT AND SUSPENSION

A. The Contractor shall comply and…