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28 <br /> PROFESSIONAL SERVICES CONTRACTS <br /> Pursuant to Title 23 CFR 172,Procurement, Management, and Administration of Engineering <br /> and Design Related Services,the following contract provisions should be included, either by <br /> reference or by physical incorporation into the language of each contractor or subcontract, as <br /> applicable. Provisions that are not already noted in 2 CFR 200 are in bold. <br /> (i) Administrative, contractual, or legal remedies in instances where consultants violate or <br /> breach contract terms and conditions, and provide for such sanctions and penalties as may <br /> be appropriate; <br /> (ii) Notice of contracting agency requirements and regulations pertaining to reporting; <br /> (iii) Contracting agency requirements and regulations pertaining to copyrights and <br /> rights in data; <br /> (iv) Access by recipient,the subrecipient,FHWA,the U.S.Department of <br /> Transportation's Inspector General,the Comptroller General of the United States, <br /> or any of their duly authorized representatives to any books,documents,papers, <br /> and records of the consultant which are directly pertinent to that specific contract <br /> for the purpose of making audit,examination,excerpts, and transcriptions; <br /> (v) Retention of all required records for not less than 3 years after the contracting <br /> agency makes final payment and all other pending matters are closed; <br /> (vi) Standard DOT Title VI Assurances(DOT Order 1050.2); <br /> (vii) Disadvantaged Business Enterprise(DBE) assurance, as specified in 49 CFR <br /> 26.13(b); <br /> (viii) Prompt pay requirements, as specified in 49 CFR 26.29; <br /> (ix) Determination of allowable costs in accordance with the Federal cost principles; <br /> (x) Contracting agency requirements pertaining to consultant errors and omissions; <br /> (xi) Contracting agency requirements pertaining to conflicts of interest, as specified in <br /> 23 CFR 1.33 and the requirements of this part; and <br /> (xii) A provision for termination for cause and termination for convenience by the contracting <br /> agency including the manner by which it will be effected and the basis for settlement. <br /> (xiii) All contracts and subcontracts exceeding$100,000 shall contain, either by reference or <br /> by physical incorporation into the language of each contract, a provision for lobbying <br /> certification and disclosure,as specified in 49 CFR part 20. <br /> 4 <br />