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MnDOT Contract No. 83551
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<br />E. No Obligation by the Federal Government.
<br />(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
<br />Government in or approval of the solicitation or award of the underlying contract, absent the express written
<br />consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject
<br />to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that
<br />contract) pertaining to any matter resulting from the underlying contract.
<br />(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
<br />Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
<br />the subcontractor who will be subject to its provisions.
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<br />F. Program Fraud and False or Fraudulent Statements or Related Acts.
<br />(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
<br />amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part
<br />31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
<br />certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to
<br />be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
<br />performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
<br />makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
<br />Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
<br />on the Contractor to the extent the Federal Government deems appropriate.
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<br />(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
<br />claim, statement, submission, or certification to the Federal Government under a contract connected with a project
<br />that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49
<br />U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §
<br />5307(n)(l) on the Contractor, to the extent the Federal Government deems appropriate.
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<br />(3) The Contractor agrees to include the above two clauses-in each subcontract financed in whole or in part with
<br />Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
<br />the subcontractor who will be subject to the provisions.
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<br />G. Debarment and Suspension The Contractor agrees to comply and assures the compliance by each of its third
<br />party contractors and subgrantees at any tier with the provisions of Executive orders Nos. 12549 and 12689,
<br />"Debarment and Suspension," 31 U.S.C. section 6101 note, and U.S. DOT regulations on Debarment and
<br />Suspension at 49 C.F.R. Part 29.
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<br />H. Civil Rights - The following requirements apply to the underlying contract:
<br />(1) Nondiscrimination - In accordance with Tide VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
<br />section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans
<br />with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor
<br />agrees that it will not discriminate against any employee or applicant for employment because of race, color,
<br />creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal
<br />implementing regulations and other implementing requirements FTA may issue.
<br />(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
<br />underlying contract:
<br />(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended,
<br />42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
<br />applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
<br />"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of La,r," 41
<br />C.F,R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
<br />amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
<br />Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
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