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22 . Federal Terms and Conditions <br /> State Management Plan . The State Management Plan for Federal and State <br /> Transportation Programs and any subsequent amendments or revisions thereto , are <br /> herewith incorporated by reference , and are on file with and approved by the <br /> Department . Nothing shall be construed under the terms of this Agreement by the <br /> Department or the Subrecipient that shall cause any conflict with Department , State , or <br /> Federal statutes , rules , or regulations . <br /> Allowable Costs . Eligible costs are those costs attributable to and allowed under the <br /> FTA program and the provisions of 2 CFR Parts 200 and 1201 , " Uniform Administrative <br /> Requirements , Cost Principles , and Audit Requirements for Federal Awards . " <br /> No Federal Government Obligations to Third Parties . The Subrecipient acknowledges <br /> and agrees that , notwithstanding any concurrence by the Federal Government in or <br /> approval of the solicitation or award of the underlying Agreement , absent the express <br /> written consent by the Federal Government , the Federal Government is not a party to this <br /> Agreement and shall not be subject to any obligations or liabilities to the Subrecipient or <br /> any other party (whether or not a party to that contract) pertaining to any matter resulting <br /> from the underlying Agreement . <br /> The Subrecipient agrees to include the above clause in each contract financed in whole <br /> or in part with Federal assistance provided by the FTA . It is further agreed that the clause <br /> shall not be modified , except to identify the subcontractor who will be subject to its <br /> provisions . <br /> Program Fraud and False or Fraudulent Statements or Related Acts . The Subrecipient <br /> acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 , as <br /> amended , 31 USC § 3801 et seq . and U . S . DOT regulations , " Program Fraud Civil <br /> Remedies , " 49 CFR part 31 , apply to its actions pertaining to this project . Upon <br /> execution of the underlying Agreement , the Subrecipient certifies or affirms the <br /> truthfulness and accuracy of any statement it has made , it makes , it may make , or <br /> causes to be made , pertaining to the underlying Agreement or the FTA assisted project <br /> for which this Agreement work is being performed . In addition to other penalties that <br /> may be applicable , the Subrecipient further acknowledges that if it makes , or causes to <br /> be made , a false , fictitious , or fraudulent claim , statement , submission , or certification , <br /> the Federal Government reserves the right to impose the penalties of the Program <br /> Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent the Federal <br /> Government deems appropriate . <br /> The Subrecipient also acknowledges that if it makes , or causes to be made , a false , <br /> fictitious , or fraudulent claim , statement , submission , or certification to the Federal <br /> Government under a contract connected with a project that is financed in whole or in <br /> part with Federal assistance originally awarded by FTA under the authority of 49 USC <br /> chapter 53 , the Government reserves the right to impose the penalties of 18 USC § <br /> 1001 and 49 USC § 5323 ( I ) on the Subrecipient , to the extent the Federal Government <br /> deems appropriate . <br /> NCDOT PTD Federal Agreement Page 14 of 23 <br /> Revised 6/28/2018 <br />