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(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
<br />1986, as amended, 31 U.S.C. §3801 et se g. and U.S. DOT regulations, "Program Fraud Civil
<br />Remedies," 49 C.F.R. Part 31, apply to its activities in connection with this Project. Accordingly, upon
<br />execution of the underlying contract or agreement the Contractor certifies or affirms the truthfulness
<br />and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
<br />to the underlying contract or the FTA assisted project for which this contract work is being performed.
<br />In addition to other penalties that may apply, the Contractor also acknowledges that if it makes a false,
<br />fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the
<br />Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies
<br />Act of 1986, as amended, on the Contractor to the extent the Federal Government deems appropriate.
<br />(2) The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
<br />submission, certification, assurance or representation to the Federal Government or includes a false,
<br />fictitious, or fraudulent statement or representation in any agreement involving a project authorized
<br />under 49 U.S.C. chapter 53 or any other Federal statute, the Federal Government reserves the right to
<br />impose on the Contractor the penalties of 18 U.S.C. § 1001 or other applicable Federal statute to the
<br />extent the Federal Government deems appropriate.
<br />(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or
<br />in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
<br />modified, except to identify the subcontractor who will be subject to the provisions.
<br />22. 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 appropriate, the
<br />State, or their authorized representatives, upon their request to inspect all Project work, materials,
<br />payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its
<br />subcontractors pertaining to the Project, as required by 49 U.S.C. § 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. 5307, 5309 or
<br />5311.
<br />The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
<br />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 this
<br />contract, except in the event of litigation or settlement of claims arising from the performance of this
<br />contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
<br />Administrator, the Comptroller General, or any of their duly authorized representatives have disposed
<br />of all such litigation, appeals, claims or exceptions related 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 retained
<br />for five (5) years after that date of termination or expiration of this contract, except in the event of
<br />litigation or settlement of claims arising from the performance of this contract, in which case Contractor
<br />agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any
<br />of their duly authorized representatives have disposed of all such litigation, appeals, claims or
<br />exceptions related thereto.
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<br />Attachment number 1-
<br />F -5 Page 111
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