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DocuSign Envelope ID:63E81679-OC83-4B6C-B9E4-AFBB81985720 <br /> 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 12/28/2018 <br />