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includes a false, fictitious, or fraudulent statement or representation in any agreement involving
<br />a project authorized under 49 U.S.C. chapter 53 or any other Federal statute, the Federal
<br />Government reserves the right to impose on the Contractor the penalties of 18 U.S.C. § 1001 or
<br />other applicable Federal statute to the extent the Federal Government deems appropriate.
<br />(3) The Contractor agrees to include the above two clauses in each subcontract financed in
<br />whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
<br />shall not be modified, except to identify the subcontractor who will be subject to the provisions.
<br />24. Access to Records and Reports
<br />The Contractor agrees to permit, and require its subcontractors to permit, the U.S. Secretary of
<br />Transportation, and the Comptroller General of the United States, and, to the extent
<br />appropriate, the State, or their authorized representatives, upon their request to inspect all
<br />Project work, materials, payrolls, and other data, and to audit the books, records, and accounts
<br />of the Contractor and its subcontractors pertaining to the Project, as required by 49 U.S.C.
<br />§ 5325(g).
<br />Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his
<br />authorized representatives including any PMO Contractor access to Contractor's records and
<br />construction sites pertaining to a major capital project, defined at 49 U.S. D. 5302(a)1, which is
<br />receiving federal financial assistance through the programs described at 49 U.S.C. 5303, 5307,
<br />5309, 5310, 5311, 5316, or 5317.
<br />The Contractor agrees to permit any of the foregoing parties to reproduce by any means
<br />whatsoever or to copy excerpts and transcriptions as reasonably needed.
<br />The Contractor agrees to maintain all books, records, accounts and reports required under this
<br />contract for a period of not less than three (3) years after that date of termination or expiration of
<br />this contract, except in the event of litigation or settlement of claims arising from the
<br />performance of this contract, in which case Contractor agrees to maintain same until the
<br />Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
<br />representatives have disposed of all such litigation, appeals, claims or exceptions related
<br />thereto. Reference 49 C.F.R. 18.39 (i)(11).
<br />The State of North Carolina, Office of the State Auditor, now requires that all records now be
<br />retained for five (5) years after that date of termination or expiration of this contract, except in
<br />the event of litigation or settlement of claims arising from the performance of this contract, in
<br />which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the
<br />Comptroller General, or any of their duly authorized representatives have disposed of all such
<br />litigation, appeals, claims or exceptions related thereto.
<br />25. Privacy
<br />To the extent that the Contractor, or its subcontractors, if any, or any to their respective employees
<br />administer any system of records on behalf of the Federal Government, Contractor agrees to
<br />comply with, and assure the compliance of its subcontractors, if any, with the information
<br />restrictions and other applicable requirements of the Privacy Act of 1974, as amended, 5 U.S.C.
<br />Sect. 552, (the Privacy Act).
<br />The Contractor also agrees to include these requirements in each subcontract to administer any
<br />system of records on behalf of the Federal Government financed in whole or in part with Federal
<br />assistance provided by FTA.
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<br />Attachment number 1
<br />F -4 Page 82
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