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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />EXHIBIT D <br />REQUIRED FEDERAL CLAUSES FOR THIRD PARTY AGREEMENTS <br />The following provisions apply to all purchases regardless of its value: <br />ARTICLE 1. FEDERAL CHANGES <br />CONSULTANT shall at all times comply with all applicable FTA regulations, policies, <br />procedures and directives, including without limitation those listed directly or by reference in the <br />agreement between the AUTHORITY and FTA, as they may be amended or promulgated from time <br />to time during this Agreement. CONSULTANT's failure to comply shall constitute a material breach <br />of contract. <br />ARTICLE 2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES <br />AUTHORITY and CONSULTANT acknowledge and agree that, notwithstanding any <br />concurrence by the Federal Government in or approval of the solicitation or award of the underlying <br />Agreement, absent the express written consent by the Federal Government, the Federal Government <br />is not a party to this Agreement and shall not be subject to any obligations or liabilities to the <br />AUTHORITY, CONSULTANT, or any other party (whether or not a party to this Agreement) pertaining <br />to any matter resulting from the underlying Agreement. CONSULTANT agrees to include these <br />requirements in all of its subcontracts. <br />ARTICLE 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED <br />T ACTS <br />A. CONSULTANT acknowledges that the provisions of the Program Fraud Civil Remedies <br />Act of 1986, as amended, 31 U.S.C. § §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil <br />Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing <br />this Agreement, CONSULTANT certifies or affirms the truthfulness and accuracy of any statement it <br />has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement of <br />the FTA assisted project for which this Agreement's work is being performed. CONSULTANT also <br />acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, <br />submission, or certification, the Federal Government reserves the right to impose penalties of the <br />Program Fraud Civil Remedies Act of 1986 on CONSULTANT to the extent the Federal Government <br />deems appropriate. <br />B. CONSULTANT 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 Government under <br />an agreement connected with a project that is financed in whole or part with Federal assistance <br />awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government reserves the right to <br />impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) at seq. on CONSULTANT, to the <br />extent the Federal Government deems appropriate. CONSULTANT agrees to include this <br />requirement in all of its subcontracts. <br />ARTICLE 4. CIVIL RIGHTS ASSURANCE <br />During the performance of this Agreement, CONSULTANT, for itself, its assignees and <br />successors in interest agree as follows: <br />�Euxhiibiitt D <br />L:\ Camm\ CLERICALIWORDPROC WGREE�AG53583_25 Vr4A7.docx <br />