SRTA Federal Clauses Services under 100000 Commbuys~8.pdf
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- Attached to
- Pest Control Contract State and local contract opportunity
- Solicitation number
- BD-26-2233-SCTM-SCTM-120836
- Issued by
- Bristol County, Massachusetts
About this file
This document contains Federal Transit Administration (FTA) Required Contract Clauses for the Southeastern Regional Transit Authority (SRTA), detailing mandatory provisions for contractors participating in federally assisted transit projects. The contract clauses cover a comprehensive range of requirements including no government obligation to third parties, program fraud prevention, access to records, federal changes, termination conditions, civil rights requirements, disadvantaged business enterprise (DBE) participation, debarment and suspension protocols, and various operational standards.
The document emphasizes compliance with federal regulations across multiple domains, including energy conservation, motor vehicle safety, telecommunications equipment restrictions, trafficking prevention, and tax liability certifications. Notable requirements include a national DBE participation goal of 10% (with SRTA's specific goal at 2.98%), non-discrimination provisions, workplace safety policies, and strict prohibitions on using telecommunications equipment from specific foreign manufacturers. Contractors must certify they have no unpaid federal tax liability, have not been convicted of federal felonies in the past 24 months, and agree to flow down these requirements to all lower-tier subcontractors and participants.
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Other files for this state and local contract opportunity
| File | Type | Posted |
|---|---|---|
| Pest Control Contract.pdf | ||
| Pest Control Uniform Bid Sheet.xlsx | XLSX spreadsheet | |
| Debarment Certification~15.pdf |
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Federal Transit Administration (FTA) Required Contract Clauses
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The SRTA 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 SRTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
The 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.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
The 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 C.F.R.
Part 31, apply to its actions 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 FTA 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 Government deems appropriate.
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 Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA to the SRTA under 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 the Contractor, to the extent the Federal Government deems appropriate.
The 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.
AUDITS AND ACCESS TO RECORDS AND REPORTS
a. Audit and Inspection. The Contractor shall permit the authorized representatives of the
SRTA, U.S. Department of Transportation, the Massachusetts Department of
Transportation and the Comptroller General of the United States to inspect and audit all data and records of the Contract or relating to its performance and its subcontracts under this Contract from the date of the Contract and for three (3) years after completion or termination of the Contract.
FEDERAL TRANSIT ADMINISTRATION CONTRACT CLAUSES
b. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records.
c. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
d. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.
e. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
FEDERAL CHANGES
The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed herein or by reference in the Agreement (Form FTA
MA (21) dated October 1, 2014), as they may be amended or promulgated from time to time during the term of this contract, unless the Federal Government determines otherwise. The Contractor’s failure to so comply shall constitute a material breach of this contract. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the SRTA requests which would cause the SRTA to be in violation of the FTA terms and conditions. The Contractor's failure to so comply shall constitute a breach of this Contract.
TERMINATION
The contract may be terminated for reasons of the SRTA's convenience or Contractor's breach or insolvency. Notice of termination shall be accomplished by registered, certified or express mail.
A. Termination for Convenience. The SRTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the SRTA to be paid. If the
Contractor has any property in its possession belonging to the SRTA, the Contractor will account for the same, and dispose of it in the manner the SRTA directs.
B. Termination for Default or Cause. If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the SRTA may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default.
The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by SRTA that the 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 the Contractor, SRTA, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure. The SRTA in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If the Contractor fails to remedy to the SRTA'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 SRTA setting forth the nature of said breach or default, the SRTA 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 SRTA 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 SRTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the SRTA shall not limit the SRTA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
E. Termination for Default (Supplies and Service) If the 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 Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of the default. The Contractor will 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 the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Agency.
CIVIL RIGHTS REQUIREMENTS
A. Title VI of the Civil Rights Act of 1964: During the performance of this contract, the Contractor and its subcontractors shall comply with all requirements prohibiting discrimination against any employee or applicant for employment on the basis of race, color, creed, sex, age, disability or national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d; Title IX of the
Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683, 1685-88, with implementing 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; Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102; 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; Section 202 of the American With
Disabilities Act of 1990, 42 U.S.C. 12132; Federal transit law at 49 U.S.C. 5332; and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act,” 49, C.F.R. Part 21, and any implementing requirements FTA may issue.
B. Equal Employment Opportunity: 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, the Contractor and its subcontractor agree to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq. and any implementing requirements the FTA may issue. The Contractor and its subcontractors agree that it shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, disability, age, sexual orientation, gender identity, or status as a parent. The Contractor and its subcontractors shall take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, national origin, disability, age, sexual orientation, gender identity, or status as a parent. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
C. Non-discrimination on the Basis of Disability: The Contractor agrees to comply with all applicable requirements of the following federal laws and federal regulations pertaining to discrimination against seniors or individuals with disabilities. The federal laws include: American with Disabilities Act of 1990
(ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151et seq.
The federal regulations include:
1. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49
C.F.R. Part 37;
2. U.S. DOT regulation, "Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
3. U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. Part 39.
4. Joint U.S. Architectural and Transportation Barriers Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"
36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
5. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 C.F.R. Part 35;
6. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 26;
7. U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the American with Disabilities Act," 29 C.F.R. Part 1630;
8. U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R.
Part 64, Subpart F;
9. U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR Part 1194; and
10. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.
11. Commonwealth of Massachusetts Non-Discrimination / Sexual Harassment Clause: Each bidder/proposer is requested to certify its compliance with the Commonwealth of
Massachusetts’s Non-Discrimination/Sexual Harassment Clause.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS
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 national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The SRTA’s overall goal for DBE participation is 2.98%. A separate contract goal has not been established for this procurement.
The Contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as SRTA deems appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
4. Disqualifying the contractor for future bidding as non-responsible.
Each subcontract the Contractor signs with a Subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The contractor will be required to report its DBE participation obtained through race- neutral means throughout the period of performance.
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.
The contractor must promptly notify the SRTA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of SRTA.
INCORPORATION OF FTA TERMS
The provisions within include, in part, certain Standard Terms and Conditions required under the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
DEBARMENT AND SUSPENSION
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement
Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of
Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of
$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
A. Debarred from participation in any federally assisted Award;
B. Suspended from participation in any federally assisted Award;
C. Proposed for debarment from participation in any federally assisted Award;
D. Declared ineligible to participate in any federally assisted Award;
E. Voluntarily excluded from participation in any federally assisted Award; or
F. Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by SRTA. If it is later determined by SRTA that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to SRTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
BREACH AND DISPUTE RESOLUTION
A. Severability
If any part of the Contract between the SRTA and the Successful Contractor is held invalid or unenforceable, it shall be revised so as to make it valid and enforceable, consistent with the intent of the parties expressed in that provision. The other provisions of the Contract will remain in full force and effect.
B. Disputes - Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided in writing by the Project Manager for the SRTA. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Executive Director. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Executive Director shall be binding upon the Contractor and the
Contractor shall abide by the decision.
C. Performance During Dispute - Unless otherwise directed by the SRTA, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.
D. Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or any of his employees, agents, or others for those acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
E. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the SRTA and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the Commonwealth of Massachusetts.
F. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by
SRTA or its representative shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the
Recipient is located. The Recipient must include a similar notification requirement in its Third-Party
Agreements and must require each Third-Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§
180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal
Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C.
§ 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.
ENERGY CONSERVATION
Contractor agrees to recognize and comply with the mandatory standards and policies relating to energy efficiency that are contained in the Massachusetts State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. 6321 et seq. and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R. part 622, subpart C.”
SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-leased vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and
“company-leased” refer to vehicles owned or leased either by the Contractor or the SRTA.
Distracted Driving - The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
A. The SRTA and subrecipients are prohibited from obligating or expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
B. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
C. See Public Law 115-232, section 889 for additional information.
D. See also § 200.471.
TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient’s Award, may not:
(a) Engage in severe forms of trafficking in persons during the period of time that the Recipient’s
Award is in effect;
(b) Procure a commercial sex act during the period of time that the Recipient’s Award is in effect;
or
(c) Use forced labor in the performance of the Recipient’s Award or subagreements thereunder.
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
(1) The contractor certifies 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 within the preceding
24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third-Party Agreement with the Third-Party Participant without FTA’s written approval.
(2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.
Southeastern Regional Transit Authority (SRTA)
ACKKNOWLEDGEMENT OF FEDERALLY REQUIRED CLAUSES
The undersign supplier/vendor hereby certifies and acknowledges that it has received the following referenced federally required clauses and will meet the requirements thereof as well as the applicable federal regulations pertaining thereto.
Federally Required Contract Clauses:
• No Government Obligation to Third Parties
• Program Fraud and False or Fraudulent Statements and Related Acts
• Access to Records and Reports
• Federal Changes
• Termination
• Civil Rights Requirements
• Disadvantaged Business Enterprise (DBE)
• Incorporation of Federal Transit Administration (FTA) Terms
• Debarment and Suspension
• Breach and Dispute Resolution
• Notification to Federal Transit Administration (FTA)
• Energy Conservation Requirements
• Safe Operation of Motor Vehicles
• Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
• Trafficking in Persons
• Federal Tax Liability and Recent Felony Convictions
Date:
Company:
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