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ORANGE COUNTY, NC
<br />RFP No. 367-OC5430
<br />Design & Engineering Services -
<br />Electric Vehicle Charging Stations
<br />Grant Project
<br />truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be
<br />made, pertaining to the underlying contract or the FTA assisted project for which this contract
<br />work is being performed. In addition to other penalties that may apply, the Contractor also
<br />acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or
<br />certification to the Federal Government, the Federal Government reserves the right to impose
<br />the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor
<br />to the extent the Federal Government deems appropriate.
<br />(2)The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim,
<br />statement, submission, certification, assurance or representation to the Federal Government or
<br />includes a false, fictitious, or fraudulent statement or representation in any agreement involving
<br />a project authorized under 49 U.S.C. chapter 53 or any other Federal statute, the Federal
<br />Government reserves the right to impose on the Contractor the penalties of 18 U.S.C. § 1001 or
<br />other applicable Federal statute to the extent the Federal Government deems appropriate.
<br />(3)The Contractor agrees to include the above two clauses in each subcontract financed in whole
<br />or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
<br />be modified, except to identify the subcontractor who will be subject to the provisions.
<br />23. Record Retention and 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,
<br />the State, or their authorized representatives, upon their request to inspect all Project work,
<br />materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor
<br />and its 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. 5303, 5307,
<br />5309, 5310, 5311, 5316, or 5317.
<br />The Contractor agrees to permit any of the foregoing parties to reproduce by any means
<br />whatsoever or to copy excerpts and transcriptions as reasonably needed.
<br />The State of North Carolina, Office of the State Auditor, now requires that all records now be
<br />retained for five (5) years after that date of termination or expiration of this contract, except in the
<br />event of litigation or settlement of claims arising from the performance of this contract, in which
<br />case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the
<br />Comptroller General, or any of their duly authorized representatives have disposed of all such
<br />litigation, appeals, claims or exceptions related thereto.
<br />24.Patents and Rights in Data - CONTRACTS INVOLVING EXPERIMENTAL,
<br />DEVELOPMENTAL, OR RESEARCH WORK - ONLY
<br />A. Rights in Data - These following requirements apply to each contract involving experimental,
<br />developmental, or research work:
<br />(1)The term "subject data" used in this clause means recorded information, whether or not
<br />copyrighted, that is delivered or specified to be delivered under the contract. The term includes
<br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629
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