FTA Clauses

City of Glendale — Regular Meeting (2021-09-28)

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Rev. 05/2021 
FTA Master Agreement FY 2021 dated February 9, 2021 
SECTION V - FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES 
 
Contractor shall comply with the following FTA requirements.  
 
5.1. 
NO GOVERNMENT OBLIGATION TO THIRD PARTIES  
These requirements do not apply to micro-purchases ($10,000 or less, except for 
construction contracts over $2,000).  
 
The AGENCY and Contractor acknowledge and agree that, notwithstanding any 
concurrence by the Federal Government in or approval of the solicitation of this 
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 the AGENCY, 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 the FTA.  It is further agreed that 
the clause shall not be modified, except to identify the subcontractor who will be subject 
to its provisions. 
 
5.2. 
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED 
ACTS 
These requirements do not apply to micro-purchases ($10,000 or less, except for 
construction contracts over $2,000).  
 
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 CFR 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 under the authority of 49 U.S.C. 
chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 
1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government 
deems appropriate.  
 
The Contractor agrees to include the above two paragraphs 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.

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FTA Master Agreement FY 2021 dated February 9, 2021 
5.3. 
ACCESS TO RECORDS AND REPORTS 
 
A. 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, sub-
agreements, leases, subcontracts, arrangements, other third party agreements of 
any type, and supporting materials related to those records. 
 
B. Retention Period 
 
The Contractor agrees to comply with the record retention requirements in 
accordance with 2 CFR § 200.333.  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.  
 
C. 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 
as reasonably may be required.  
 
D. Access to the Sites of Performance 
 
The Contractor agrees to permit FTA and its contractors access to the sites of 
performance under this Contract as reasonably may be required.  
 
5.4. 
FEDERAL CHANGES 
 
Contractor shall at all times comply with all applicable FTA regulations, policies, 
procedures and directives, including without limitation those listed directly or by 
reference in the FTA Master Agreement between the City of Phoenix and the FTA, as 
they may be amended or promulgated from time to time during the term of the Contract.  
Contractor’s failure to so comply shall constitute a material breach of the Contract. 
 
5.5. 
CIVIL RIGHTS LAWS AND REGULATIONS 
 
The AGENCY is an Equal Opportunity Employer.  As such, the AGENCY agrees to 
comply with all applicable Federal civil rights laws and implementing regulations.  Apart 
from inconsistent requirements imposed by Federal laws or regulations, the AGENCY 
agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any 
Federal assistance awarded by FTA to support procurements using exclusionary or 
discriminatory specifications.  
 
Under this Contract, the Contractor shall at all times comply with the following 
requirements and shall include these requirements in each subcontract entered into as 
part thereof. 
 
A. Nondiscrimination 
In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor 
agrees that it will not discriminate against any employee or applicant for

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employment because of race, color, religion, national origin, sex, disability, or 
age. In addition, the Contractor agrees to comply with applicable Federal 
implementing regulations and other implementing requirements FTA may issue.  
 
B. Race, Color, Religion, National Origin, Sex 
In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 
2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor 
agrees to comply with all applicable equal employment opportunity requirements 
of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract 
Compliance Programs, Equal Employment Opportunity, Department of Labor," 
41 CFR chapter 60, and Executive Order No. 11246, "Equal Employment 
Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e 
note, as amended by any later Executive Order that amends or supersedes it, 
referenced in 42 U.S.C. § 2000e note.  The Contractor agrees to take affirmative 
action to ensure that applicants are employed, and that employees are treated 
during employment, without regard to their race, color, religion, national origin, or 
sex (including sexual orientation and gender identity). Such action shall include, 
but not be limited to, the following: employment, promotion, 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, the Contractor agrees to comply with any implementing requirements 
FTA may issue.  
 
C. Age  
In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-
634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, 
“Age Discrimination in Employment Act,” 29 CFR part 1625, the Age 
Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health 
and Human Services regulations, “Nondiscrimination on the Basis of Age in 
Programs or Activities Receiving Federal Financial Assistance,” 45 CFR part 90, 
and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from 
discrimination against present and prospective employees for reason of age. In 
addition, the Contractor agrees to comply with any implementing requirements 
FTA may issue.  
 
D. Disabilities 
In accordance with Section 504 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 
U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 
U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the 
Contractor agrees that it will not discriminate against individuals on the basis of 
disability. In addition, the Contractor agrees to comply with any implementing 
requirements FTA may issue.  
 
5.6. 
INCORPORATION OF FTA TERMS 
These requirements do not apply to micro-purchases ($10,000 or less, except for 
construction contracts over $2,000).  
 
The preceding provisions include, in part, certain Standard Terms and Conditions required 
by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the

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preceding contract provisions.  All contractual provisions required by DOT, as set forth in 
FTA Circular 4220.1F, and are hereby incorporated by reference.  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 the contract.  Contractor shall not perform any 
act, fail to perform any act, or refuse to comply with any requests of the AGENCY that 
would cause the AGENCY to be in violation of the FTA terms and conditions. 
 
The Contractor agrees to include the above clause in each subcontract financed in whole 
or in part with Federal assistance provided by the FTA.   
 
5.7. 
FREE SPEECH AND RELIGIOUS LIBERTY 
 
All Federal funding must be expended in full accordance with the U.S. Constitution, 
Federal Law, and statutory and public policy requirements, including but not limited to 
those prohibiting discrimination and protecting free speech, religious liberty, public 
welfare, and the environment. 
 
5.8. 
FEDERAL TERMINATION RIGHTS 
 
The termination rights under this Agreement are in addition to, and in no way limit, the 
Federal Government’s right to terminate as described in 2 CFR § 200.340. 
 
5.9. 
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION  
This requirement does not apply to contracts and subcontracts under $25,000. 
 
Debarment, Suspension, Ineligibility and Voluntary Exclusion 
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-
procurement Suspension and Debarment,” 2 CFR part 1200, which adopts and 
supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to 
Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR 
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 any 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 the 
AGENCY.  If it is later determined by the AGENCY that the Contractor knowingly 
rendered an erroneous certification, in addition to remedies available to the AGENCY, 
the Federal Government may pursue available remedies, including but not limited to 
suspension and/or debarment.  The Contractor agrees to comply with the requirements 
of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is

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valid and throughout the period of any contract that may arise from this offer.  The 
Contractor further agrees to include a provision requiring such compliance in its lower 
tier covered transactions. 
 
5.10. TERMINATION  
 
Subrecipients must include provisions in their contracts and subcontracts that allows for 
termination for cause and for convenience by the subrecipient, including the manner by 
which it will be effected and the basis for settlement. See Appendix II(B) to 2 CFR part 
200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and 
FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination. 
 
5.11. VIOLATION AND BREACH OF CONTRACT 
These requirements are not applicable to contracts and subcontracts under the 
simplified acquisition threshold (currently set at $250,000). 
 
Unless otherwise provided for by the AGENCY, the following provisions shall apply: 
 
Dispute Resolution:  Disputes arising in the performance of this Contract that are not 
resolved by agreement of the parties shall be decided in writing by the authorized 
representative of AGENCY. This decision shall be final and conclusive unless within ten 
(10) calendar days from the date of receipt of its copy, Contractor mails or otherwise 
furnishes a written appeal to the authorized representative of AGENCY. In connection 
with any such appeal, Contractor shall be afforded an opportunity to be heard and to 
offer evidence in support of its position. The decision of the authorized representative of 
AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision. 
Performance During Disputes: Contractor agrees that notwithstanding the existence of 
any dispute between the parties, insofar as is possible, under the terms of the Contract,  
Contractor will continue to perform the obligations required of Contractor during the 
continuation of any such dispute unless enjoined or prohibited by an Arizona Court of 
competent jurisdiction. 
  
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 the AGENCY or Contractor shall constitute a 
waiver of any right or duty afforded any of them under this 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 upon in writing. 
 
5.12. LOBBYING RESTRICTIONS (Include certification form) 
These requirements do not apply to contracts and subcontracts under $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

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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.   
 
5.13. CARGO PREFERENCE REQUIREMENTS 
These requirements apply to all contracts involving equipment, material, or commodities 
that may be transported by ocean vessels.  
 
Cargo Preference - Use of United States-Flag Vessels 
The contractor agrees:  
 
A. To use privately owned United States-Flag commercial vessels to ship at least 50 
percent 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 United States-Flag commercial vessels;  
B. To furnish within 20 working days following the date of loading for shipments 
originating within the United States or within 30 working days following the date 
of loading for shipments originating outside the United States, a legible copy of a 
rated, "on-board" commercial ocean bill-of-lading in English for each shipment of 
cargo described in the preceding paragraph to the Division of National Cargo, 
Office of Market Development, Maritime Administration, Washington, DC 20590 
and to the FTA recipient (through the contractor in the case of a subcontractor's 
bill-of-lading.); and  
C. To include these requirements in all subcontracts issued pursuant to this contract 
when the subcontract may involve the transport of equipment, material, or 
commodities by ocean vessel. 
 
5.14. FLY AMERICA 
These requirements apply to contracts and subcontracts involving the transportation of 
persons or property by air between a place in the United States and a place outside of 
the United States, or between places outside the United States, when the FTA will 
participate in the cost of such air transportation.  
 
Fly America Requirements 
A. Definitions. As used in this clause--  
“International air transportation” means transportation by air between a place in 
the United States and a place outside the United States or between two places 
both of which are outside the United States.  
 
“United States” means the 50 States, the District of Columbia, and outlying 
areas.  
 
“U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. 
Chapter 411.  
 
B. When Federal funds are used to fund travel, Section 5 of the International Air 
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly

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America Act) requires contractors, recipients, and others use U.S.-flag air 
carriers for U.S. Government-financed international air transportation of 
personnel (and their personal effects) or property, to the extent that service by 
those carriers is available. It requires the Comptroller General of the United 
States, in the absence of satisfactory proof of the necessity for foreign-flag air 
transportation, to disallow expenditures from funds, appropriated or otherwise 
established for the account of the United States, for international air 
transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is 
available to provide such services.  
C. If available, the Contractor, in performing work under this contract, shall use 
U.S.-flag carriers for international air transportation of personnel (and their 
personal effects) or property.  
D. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier 
for international air transportation, the Contractor shall include a statement on 
vouchers involving such transportation essentially as follows:  
 
Statement of Unavailability of U.S. - Flag Air Carriers - International air 
transportation of persons (and their personal effects) or property by U.S.-flag 
air carrier was not available or it was necessary to use foreign-flag air carrier 
service for the following reasons. See FAR § 47.403. [State reasons]: 
 
_____________________________________________ 
(End of statement) 
 
E. The Contractor shall include the substance of this clause, including this 
paragraph (E), in each subcontract or purchase under this contract that may 
involve international air transportation. 
 
5.15. EMPLOYEE PROTECTIONS 
Prevailing Wage and Anti-Kickback 
These requirements apply to all prime construction, alteration, or repair contracts in 
excess of $2,000. 
 
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by 
FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-
Kickback” Act.  Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers 
and mechanics employed on FTA assisted construction, alteration, or repair projects.  
The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 
3146-3148 as supplemented by DOL regulations at 29 CFR part 5, “Labor Standards 
Provisions Applicable to Contracts Governing Federally Financed and Assisted 
Construction.” In accordance with the statute, the Contractor shall pay wages to laborers 
and mechanics at a rate not less than the prevailing wages specified in a wage 
determination made by the Secretary of Labor. In addition, the Contractor agrees to pay 
wages not less than once a week.  The Contractor shall also comply with the Copeland 
“Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR 
part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in 
Whole or in part by Loans or Grants from the United States.”  The Contractor is 
prohibited from inducing, by any means, any person employed in the construction, 
completion, or repair of public work, to give up any part of the compensation to which he 
or she is otherwise entitled.

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FTA Master Agreement FY 2021 dated February 9, 2021 
Contract Work Hours and Safety Standards  
These requirements apply to all contracts involving construction in excess of $100,000 
that involve the employment of mechanics or laborers. 
 
For all contracts in excess of $100,000 that involve the employment of mechanics or 
laborers, the Contractor shall comply with the Contract Work Hours and Safety 
Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 
CFR part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages 
of every mechanic and laborer, including watchmen and guards, on the basis of a 
standard work week of 40 hours.  Work in excess of the standard work week is 
permissible provided that the worker is compensated at a rate of not less than one and a 
half times the basic rate of pay for all hours worked in excess of 40 hours in the work 
week.  The requirements of 40 U.S.C. § 3704 are applicable to construction work and 
provide that no laborer or mechanic be required to work in surroundings or under 
working conditions which are unsanitary, hazardous or dangerous.  These requirements 
do not apply to the purchase of supplies or materials or articles ordinarily available on 
the open market, or to contracts for transportation or transmission of intelligence.  
 
In the event of any violation of the clause set forth herein, the Contractor and any 
subcontractor responsible therefor shall be liable for the unpaid wages.  In addition, the 
Contractor and subcontractor shall be liable to the United States (in the case of work 
done under contract for the District of Columbia or a territory, to such District or to such 
territory), 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 this clause 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 
forty hours without payment of the overtime wages required by this clause.  
 
The FTA shall upon its own action or upon written request of an authorized representative 
of the Department of Labor withhold or cause to be withheld, from any moneys payable on 
account of work performed by the 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 and 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 this section. 
 
The 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.  The prime Contractor shall be responsible for compliance 
by any subcontractor or lower tier subcontractor with the clauses set forth in this 
agreement.  
 
Contract Work Hours and Safety Standards for Awards Not Involving Construction 
These requirements apply to all contracts (not involving construction) in excess of 
$100,000 that involve the employment of mechanics or laborers. 
 
The Contractor shall comply with all federal laws, regulations, and requirements 
providing wage and hour protections for non-construction employees, in accordance with 
40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant 
parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards

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Provisions Applicable to Contracts Covering Federally Financed and Assisted 
Construction (also Labor Standards Provisions Applicable to Non-construction Contracts 
Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.  
 
The Contractor shall maintain payrolls and basic payroll records during the course of the 
work and shall preserve them for a period of three (3) years from the completion of the 
contract for all laborers and mechanics, including guards and watchmen, working on the 
contract.  Such records shall contain the name and address of each such employee, 
social security number, correct classifications, hourly rates of wages paid, daily and 
weekly number of hours worked, deductions made, and actual wages paid.  
 
Such records maintained under this paragraph shall be made available by the Contractor 
for inspection, copying, or transcription by authorized representatives of the FTA and the 
Department of Labor, and the Contractor will permit such representatives to interview 
employees during working hours on the job.  
 
The Contractor shall require the inclusion of the language of this clause within 
subcontracts of all tiers. 
 
5.16. SEISMIC SAFETY 
These requirements apply only to contracts for the construction of new buildings or 
additions to existing buildings. 
 
The Contractor agrees that any new building or addition to an existing building will be 
designed and constructed in accordance with the standards for Seismic Safety required in 
Department of Transportation (DOT) Seismic Safety Regulations 49 CFR part 41 and will 
certify to compliance to the extent required by the regulation.  The Contractor also agrees 
to ensure that all work performed under this Contract, including work performed by a 
subcontractor, is in compliance with the standards required by the Seismic Safety 
regulations and the certification of compliance issued on the project. 
 
5.17. VETERANS EMPLOYMENT  
These requirements apply only to capital projects (see 49 USC Section 5302, 
Subsection 3). 
 
Contractor shall give a hiring preference, to the extent practicable, to veterans (as 
defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to 
perform the construction work required under the Contract. This requirement shall not be 
understood, construed or enforced in any manner that would 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. 
 
5.18. BONDING   
These requirements are applicable to all construction or facility improvement contracts 
and subcontracts exceeding the simplified acquisition threshold (currently set at 
$250,000). See FTA Circular C 4220.1F for specific bonding requirements. 
 
Bonds are required for all construction or facility improvement contracts and 
subcontracts exceeding the simplified acquisition threshold. FTA may accept the 
bonding policy and requirements of the recipient if FTA has determined that the Federal

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interest is adequately protected. If such a determination has not been made, the 
following minimum requirements apply: 
 
A. A bid guarantee from each bidder equivalent to five percent of the bid price. The 
“bid guarantee” must consist of a firm commitment such as a bid bond, certified 
check, or other negotiable instrument accompanying a bid as assurance that the 
bidder will, upon acceptance of the bid, execute such contractual documents as 
may be required within the time specified. 
B. A performance bond on the part of the contractor for 100 percent of the contract 
price. A “performance bond” is one executed in connection with a contract to 
secure fulfillment of all the contractor's obligations under such contract. 
C. A payment bond on the part of the contractor for 100 percent of the contract 
price. A “payment bond” is one executed in connection with a contract to assure 
payment as required by law of all persons supplying labor and material in the 
execution of the work provided for in the contract. 
 
5.19. Public Transportation Employee Protective Arrangements 
These requirements apply only to contracts for transit operations performed by 
employees of contractors and subcontractors recognized by FTA to be a transit operator. 
 
The Contractor agrees to comply with the following employee protective arrangements of 
49 U.S.C. § 5333(b): 
 
A. U.S. DOL Certification. Under this Contract or any Amendments thereto that 
involve public transportation operations that are supported with federal 
assistance, a certification issued by U.S. DOL is a condition of the Contract. 
B. Special Warranty. When the Contract involves public transportation operations 
and is supported with federal assistance appropriated or made available for 49 
U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including 
its Award of federal assistance under the Tribal Transit Program. The U.S. DOL 
Special Warranty is a condition of the Contract.  
C. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to 
Contractors providing public transportation operations pursuant to 49 U.S.C. § 
5310. FTA reserves the right to make case-by-case determinations of the 
applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under 
title 23, United States Code (flex funds), and make other exceptions as it deems 
appropriate, and, in those instances, any special arrangements required by FTA 
will be incorporated herein as required. 
 
5.20. CHARTER SERVICE 
These requirements apply to contracts for operating public transportation service. 
 
The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 CFR part 604, 
which provides that recipients and sub-recipients of FTA assistance are prohibited from 
providing charter service using federally funded equipment or facilities if there is at least 
one private charter operator willing and able to provide the service, except as permitted 
under:

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• 
Federal transit laws, specifically 49 U.S.C. § 5323(d);  
• 
FTA regulations, “Charter Service,” 49 CFR part 604;  
• 
Any other federal Charter Service regulations; or  
• 
Federal guidance, except as FTA determines otherwise in writing.  
 
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter 
Service regulations, FTA may require corrective measures or impose remedies on it.  
These corrective measures and remedies may include:  
• 
Barring it or any subcontractor operating public transportation under its Award 
that has provided prohibited charter service from receiving federal assistance 
from FTA;  
• 
Withholding an amount of federal assistance as provided by Appendix D to part 
604 of FTA’s Charter Service regulations; or  
• 
Any other appropriate remedy that may apply.  
 
The Contractor should also include the substance of this clause in each subcontract that 
may involve operating public transit services. 
 
5.21. SCHOOL BUS OPERATIONS 
These requirements apply to contracts for operating public transportation service. 
 
The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 CFR part 604, and not 
engage in school bus operations using federally funded equipment or facilities in 
competition with private operators of school buses, except as permitted under:  
 
• 
Federal transit laws, specifically 49 U.S.C. § 5323(f);  
• 
FTA regulations, “School Bus Operations,” 49 CFR part 605;  
• 
Any other Federal School Bus regulations; or  
• 
Federal guidance, except as FTA determines otherwise in writing.  
 
If Contractor violates this School Bus Agreement, FTA may:  
 
• 
Bar the Contractor from receiving Federal assistance for public transportation; or  
• 
Require the contractor to take such remedial measures as FTA considers 
appropriate.  
 
When operating exclusive school bus service under an allowable exemption, the 
Contractor may not use federally funded equipment, vehicles, or facilities. The 
Contractor should include the substance of this clause in each subcontract or purchase 
under this Contract that may operate public transportation services. 
 
5.22. SAFE OPERATIONS 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- rented vehicles, or personally operated vehicles. The terms 
“company-owned” and “company-leased” refer to vehicles owned or leased either by the 
Contractor or AGENCY.

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FTA Master Agreement FY 2021 dated February 9, 2021 
 
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. 
 
5.23. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE 
DRIVING 
These requirements do not apply to micro-purchases ($10,000 or less, except for 
construction contracts over $2,000).  
Definitions.  
As used in this clause: 
"Driving" means operating a motor vehicle on an active roadway with the motor running, 
including while temporarily stationary because of traffic, a traffic light, stop sign, or 
otherwise. "Driving" does not include operating a motor vehicle with or without the motor 
running when one has pulled over to the side of, or off, an active roadway and has 
halted in a location where one can safely remain stationary. 
“Text messaging” means reading from or entering data into any handheld or other 
electronic device, including for the purpose of short message service texting, e-mailing, 
instant messaging, obtaining navigational information, or engaging in any other form of 
electronic data retrieval or electronic data communication. The term does not include 
glancing at or listening to a navigational device that is secured in a commercially 
designed holder affixed to the vehicle, provided that the destination and route are 
programmed into the device either before driving or while stopped in a location off the 
roadway where it is safe and legal to park. 
Executive Order 
This clause implements Executive Order 13513, Federal Leadership on Reducing Text 
Messaging While Driving, dated October 1, 2009. 
       
Contractor is encouraged to: 
A. Adopt and enforce policies that ban text messaging while driving: 
1. Company-owned or rented vehicles or Government-owned vehicles; or 
2. Privately-owned vehicles when on official Government business or when 
performing any work for or on behalf of the Government. 
B. Conduct initiatives in a manner commensurate with the size of the business, 
such as: 
1. Establishment of new rules and programs or reevaluation of existing 
programs to prohibit text messaging while driving; and

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2. Education, awareness, and other outreach to employees about the safety 
risks associated with texting while driving. 
Subcontracts 
Contractor shall insert the substance of this clause, including this paragraph, in all 
subcontracts that exceed the micro-purchase threshold, as defined in Federal 
Acquisition Regulation 2.101 on the date of subcontract award. 
 
5.24. SUBSTANCE ABUSE REQUIREMENTS 
These requirements apply to contracts with contractors who perform safety-sensitive 
functions, as defined in 49 CFR Part 655.4, “Definitions.”  
 
Contractor shall establish and implement a drug and alcohol testing program that 
complies with “Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use 
in Transit Operations” (49 CFR Part 655), produce any documentation necessary to 
establish its compliance with parts 655 and 40, and permit any authorized representative 
of the United States Department of Transportation or its operating administrations, the 
State Oversight Agency of Arizona, or the City of Phoenix, to inspect the facilities and 
records associated with the implementation of the drug and alcohol testing program as 
required under 49 CFR part 655 and 49 CFR part 40 and review the testing process. 
Contractor shall also submit for review and approval a copy of its substance abuse 
prevention policy developed to implement its drug and alcohol testing program. 
Contractor agrees further to certify annually its compliance with parts 655 and 40 and to 
submit the Drug and Alcohol Management Information System (DAMIS) reports before 
March 15 to Transit Compliance Officer, City of Phoenix Public Transit Department, 302 
N. 1st  Avenue, Phoenix, AZ 85003. To certify compliance, the Contractor shall use the 
"Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for 
Federal Transit Administration Grants and Cooperative Agreements," which is published 
annually in the Federal Register. 
 
5.25. BUY AMERICA (Include certification form) 
These requirements apply to contracts over $150,000 if they involve the purchase of 
iron, steel, manufactured goods, or rolling stock. 
 
Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide 
that Federal funds may not be obligated unless all 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 final assembly in the United States for 15 passenger vans 
and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, 
and software. Separate requirements for rolling stock are set out at 49 U.S.C. 
5323(j)(2)(C) and 49 CFR § 661.11.  
 
Contractor must submit to AGENCY the appropriate Buy America certification 
below with its offer. Offers that are not accompanied by a completed Buy America 
certification will be rejected as nonresponsive. 
 
5.26. ROLLING STOCK LIMITATIONS 
These requirements apply to contracts for the purchase of rolling stock.

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Contractor and its subcontractors must comply with the limitation on certain rolling stock 
procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from 
specified manufacturers for public transportation use.  
 
5.27. BUS TESTING 
These requirements apply to contracts for the purchase or lease of any bus model that is 
new or has any major change in configuration or components to be acquired or leased. 
 
Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 
U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the 
requisite testing is performed for all new bus models or any bus model with a major 
change in configuration or components, and that the bus model has achieved a passing 
score. Upon completion of the testing, the Contractor shall obtain a copy of the bus testing 
reports from the operator of the testing facility and make that report(s) publicly available 
prior to final acceptance of the first vehicle by the grantee. 
 
5.28. PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES 
These requirements apply to contracts for the purchase of revenue service rolling stock. 
 
Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation 
at 49 CFR part 663. The Contractor shall comply with the Buy America certification(s) 
submitted with its offer. The Contractor agrees to participate and cooperate in any pre-
award and post-delivery audits performed pursuant to 49 CFR part 663 and related FTA 
guidance. 
 
5.29. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 
These requirements do not apply to contracts and subcontracts under $150,000. 
 
The Contractor agrees:  
 
A. It will not use any violating facilities;  
B. It will report the use of facilities placed on or likely to be placed on the U.S. EPA 
“List of Violating Facilities;”  
C. It will report violations of use of prohibited facilities to FTA; and  
D. It will comply with the inspection and other requirements of the Clean Air Act, as 
amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control 
Act as amended, (33 U.S.C. §§ 1251-1387).  
 
5.30. ENERGY CONSERVATION 
Contractor agrees to comply with mandatory standards and policies relating to energy 
efficiency, which are contained in the state energy conservation plan issued in 
compliance with the Energy Policy and Conservation Act. 
 
5.31. RECYCLED PRODUCTS 
These requirements apply to all contracts and subcontracts involving the purchase of 
items designated by the EPA (that contain the highest percentage of recovered materials 
practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items. 
 
Contractor agrees to provide a preference for those products and services that conserve 
natural resources, protect the environment, and are energy efficient by complying with and

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facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, 
as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), 
“Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 
CFR part 247. 
 
5.32. PATENT RIGHTS AND RIGHTS IN DATA 
These requirements apply to contracts for the performance of experimental, 
developmental, or research work. 
 
Intellectual Property Rights 
This Project is funded through a Federal award with FTA for experimental, 
developmental, or research work purposes.  As such, certain Patent Rights and Data 
Rights apply to all subject data first produced in the performance of this Contract.  The 
Contractor shall grant the AGENCY intellectual property access and licenses deemed 
necessary for the work performed under this Agreement and in accordance with the 
requirements of 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations 
and Small Business Firms Under Government Grants, Contracts and Cooperative 
Agreements,” and any implementing regulations issued by FTA or U.S. DOT.  The terms 
of an intellectual property agreement and software license rights will be finalized prior to 
execution of this Contract and shall, at a minimum, include the following restrictions:  
Except for its own internal use, the Contractor may not publish or reproduce subject data 
in whole or in part, or in any manner or form, nor may the Contractor authorize others to 
do so, without the written consent of FTA, until such time as FTA may have either 
released or approved the release of such data to the public.  This restriction on 
publication, however, does not apply to any contract with an academic institution.  For 
purposes of this agreement, the term “subject data” means recorded information whether 
or not copyrighted, and that is delivered or specified to be delivered as required by the 
Contract.  Examples of “subject data” include, but are not limited to computer software, 
standards, specifications, engineering drawings and associated lists, process sheets, 
manuals, technical reports, catalog item identifications, and related information, but do 
not include financial reports, cost analyses, or other similar information used for 
performance or administration of the Contract. 
 
A. The Federal Government reserves a royalty-free, non-exclusive and irrevocable 
license to reproduce, publish, or otherwise use, and to authorize others to use for 
“Federal Government Purposes,” any subject data or copyright described below.  
For “Federal Government Purposes,” means use only for the direct purposes of 
the Federal Government.  Without the copyright owner’s consent, the Federal 
Government may not extend its Federal license to any other party. 
 
1. Any subject data developed under the Contract, whether or not a copyright 
has been obtained; and 
2. Any rights of copyright purchased by the Contractor using Federal assistance 
in whole or in part by the FTA. 
 
B. Unless FTA determines otherwise, the Contractor performing experimental, 
developmental, or research work required as part of this Contract agrees to 
permit FTA to make available to the public, either FTA’s license in the copyright 
to any subject data developed in the course of the Contract, or a copy of the 
subject data first produced under the Contract for which a copyright has not been 
obtained.  If the experimental, developmental, or research work, which is the

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FTA Master Agreement FY 2021 dated February 9, 2021 
subject of this Contract, is not completed for any reason whatsoever, all data 
developed under the Contract shall become subject data as defined herein and 
shall be delivered as the Federal Government may direct. 
C. Unless prohibited by state law, upon request by the Federal Government, the 
Contractor agrees to indemnify, save, and hold harmless the Federal 
Government, its officers, agents, and employees acting within the scope of their 
official duties against any liability, including costs and expenses, resulting from 
any willful or intentional violation by the Contractor of proprietary rights, 
copyrights, or right of privacy, arising out of the publication, translation, 
reproduction, delivery, use, or disposition of any data furnished under that 
contract.  The Contractor shall be required to indemnify the Federal Government 
for any such liability arising out of the wrongful act of any employee, official, or 
agents of the Federal Government. 
D. Nothing contained in this clause on rights in data shall imply a license to the 
Federal Government under any patent or be construed as affecting the scope of 
any license or other right otherwise granted to the Federal Government under 
any patent. 
E. Data developed by the Contractor and financed entirely without using Federal 
assistance provided by the Federal Government that has been incorporated into 
work required by the underlying Contract is exempt from the requirements herein, 
provided that the Contractor identifies those data in writing at the time of delivery 
of the Contract work. 
F. The Contractor agrees to include these requirements in each subcontract for 
experimental, developmental, or research work financed in whole or in part with 
Federal assistance. 
 
5.33. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY 
These requirements apply only to contracts for National Intelligent Transportation 
System projects. 
 
Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) 
Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from 
those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on 
Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable federal 
guidance. 
 
5.34. NATIONAL TRANSIT DATABASE (NTD) REPORTING 
 
As a condition of benefitting from federal assistance for public transportation operations, 
contractor and its subcontractors must: 
 
A. Facilitate compliance with 49 U.S.C. § 5334(a), which authorizes the National 
Transit Database (NTD); 
B. Conform to the NTD reporting system and the Uniform System of Accounts and 
Records; 
C. Comply with FTA regulations, “Uniform System of Accounts and Records and 
Reporting System,” 49 CFR Part 630; 
D. Report information relating to, and the condition of, its public transportation 
assets, as provided in FTA regulations, “Transit Asset Management; National 
Transit Database,” 49 CFR Parts 625 and 630;

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FTA Master Agreement FY 2021 dated February 9, 2021 
E. Comply with any other applicable reporting regulation and requirements; and 
F. Follow FTA guidance. 
 
5.35. TRAFFICKING IN PERSONS 
Contractor and its subcontractors or their employees shall not: 
 
A.  Engage in severe forms of trafficking in persons during the Contract Term;  
B.  Procure a commercial sex act during the Contract Term; or 
C. Use forced labor in the performance of the Contract. 
 
Contractor shall inform AGENCY immediately of any information Contractor receives 
from any source alleging a violation of a prohibition in this section. AGENCY may 
terminate this Agreement for any violation of this section; such right of termination is in 
addition to all other remedies for noncompliance that are available to the AGENCY. 
 
5.36. CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) ORDER ON 
REQUIREMENTS FOR PERSONS TO WEAR MASKS WHILE ON CONVEYANCES 
AND AT TRANSPORTATION HUBS 
The Contractor agrees that it will comply, and will require all subcontractors to comply, 
with the CDC Mask Order of January 29, 2021, titled Requirement for Persons to Wear 
Masks While on Conveyances and at Transportation Hubs (“CDC Mask Order”). 
 
The Contractor agrees that FTA may take enforcement action for non-compliance with 
the CDC Mask Order, including:  
 
A. Enforcement actions authorized by 49 U.S.C. § 5329(g); 
B. Referring the Recipient to the CDC or other Federal authority for enforcement 
action;  
C. Enforcement actions authorized by 2 CFR §§ 200.339 – .340; and  
D. Any other enforcement action authorized by federal law or regulation. 
 
5.37. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 
(DBE requirements to be provided by PTD Compliance Section)

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FTA Master Agreement FY 2021 dated February 9, 2021 
 
 
FTA CERTIFICATIONS 
 
 
 
 
EACH CERTIFICATION PROVIDES  
INSTRUCTION DESCRIBING WHEN  
THE CERTIFICATION IS APPLICABLE 
 
 
 
INAPPLICABLE FTA CERTIFICATIONS  
MAY BE LEFT BLANK

Rev. 05/2021 
FTA Master Agreement FY 2021 dated February 9, 2021 
DEBARMENT AND SUSPENSION CERTIFICATION  
This certification does not apply to contracts and subcontracts under $25,000. Offers that are 
not accompanied by a completed, applicable certification will be rejected as nonresponsive. 
 
□ The Proposer certifies, to the best of its knowledge and belief, that the Proposer and its 
principals: 
 
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or 
voluntarily or involuntarily excluded from covered transactions by any federal department or 
agency; 
 
2. Have not, within the preceding three years, been convicted of or had a civil judgment 
rendered against them for commission of fraud or a criminal offense in connection with 
obtaining, attempting to obtain, or performing a public or private agreement or transaction; 
violation of federal or state antitrust statutes, including those proscribing price fixing between 
competitors, allocation of customers between competitors, and bid rigging; commission of 
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false 
statements, tax evasion, receiving stolen property, making false claims, or obstruction of 
justice; or commission of any other offense indicating a lack of business integrity or business 
honesty;  
 
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental 
entity (federal, state, or local) with commission of any offense described in Paragraph 2 of 
this certification;  
 
4. Have not, within the preceding three years, had one or more public transactions (federal, 
state, or local) terminated for cause or default.  
OR 
 
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its 
explanation to this certification. (In the explanation, the Proposer must certify to those 
statements that can be certified and explain why the other statements cannot be certified.) 
 
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements 
submitted on or with this certification. In addition, the Proposer understands and agrees that the 
provisions of 31 USC §§ 3801 et al. are applicable to this certification. 
 
Company: _________________________________________________________________ 
 
Name: ____________________________________________________________________  
 
Title: _____________________________________________________________________ 
 
Signature: _________________________________________________________________  
 
Date: _____________________________________________________________________

Rev. 05/2021 
FTA Master Agreement FY 2021 dated February 9, 2021 
LOBBYING CERTIFICATION 
This certification does not apply to contracts and subcontracts under $100,000. Offers that are 
not accompanied by a completed, applicable certification will be rejected as nonresponsive. 
 
The Proposer certifies, to the best its knowledge and belief, that: 
 
1.  No federal appropriated funds have been paid or will be paid, by or on behalf of the 
Proposer, to any person for influencing or attempting to influence an officer or employee 
of an agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with the awarding of any federal 
contract, the making of any federal grant, the making of any federal loan, the entering 
into of any cooperative agreement, and the extension, continuation, renewal, 
amendment, or modification of any federal contract, grant, loan, or cooperative 
agreement.  
 
2.  If any funds other than federal appropriated funds have been paid or will be paid to any 
person for influencing or attempting to influence an officer or employee of any agency, a 
Member of Congress, an officer or employee of Congress, or an employee of a Member 
of Congress in connection with this federal contract, grant, loan, or cooperative 
agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure 
Form to Report Lobbying,” in accordance with its instructions.  
 
3.  The Proposer shall require that the language of this certification be included in the award 
documents for all subawards at all tiers (including subcontracts, subgrants, and 
contracts under grants, loans, and cooperative agreements) and that all subcontractors 
shall certify and disclose accordingly.  
 
This certification is a material representation of fact upon which reliance was placed when this 
transaction was made or entered into. Submission of this certification is a prerequisite for 
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any 
person who fails to file the required certification shall be subject to a civil penalty of not less than 
$10,000 and not more than $100,000 for each such failure. 
 
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements 
submitted on or with this certification. In addition, the Proposer understands and agrees that the 
provisions of 31 USC §§ 3801 et al. are applicable to this certification. 
 
Company: _________________________________________________________________ 
 
Name: ____________________________________________________________________  
 
Title: _____________________________________________________________________ 
 
Signature: _________________________________________________________________  
 
Date: _____________________________________________________________________ 
 
Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report 
Lobbying,” if applicable.

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FTA Master Agreement FY 2021 dated February 9, 2021 
TAX LIABILITY CERTIFICATION 
This certificate applies to all contracts. 
 
The Proposer, certifies that: 
 
(a) it has no 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) it has not been convicted of a felony criminal violation under any federal law within the 
preceding 24 months. 
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements 
submitted on or with this certification. In addition, the Proposer understands and agrees that the 
provisions of 31 USC §§ 3801 et al. are applicable to this certification. 
 
 
Company: _________________________________________________________________ 
 
Name: ____________________________________________________________________  
 
Title: _____________________________________________________________________ 
 
Signature: _________________________________________________________________  
 
Date: _____________________________________________________________________

Rev. 05/2021 
FTA Master Agreement FY 2021 dated February 9, 2021 
DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION 
This certificate applies to all contracts. 
 
(DBE certification to be provided by PTD Compliance Section) 
 
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements 
submitted on or with this certification. In addition, the Proposer understands and agrees that the 
provisions of 31 USC §§ 3801 et al. are applicable to this certification. 
 
 
Company: _________________________________________________________________ 
 
Name: ____________________________________________________________________  
 
Title: _____________________________________________________________________ 
 
Signature: _________________________________________________________________  
 
Date: _____________________________________________________________________