APPENDIX D
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER -- MATRICES
A. THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION
COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
All FTA Assisted Third Party Contracts and Subcontracts
No Federal Government Obligations
to Third Parties (Use of Disclaimer)
False or Fraudulent Statements or
Claims – Civil and Criminal Fraud
Access to Third Party Contract
Records
§ 3(l)
§ 4.e
§ 16.s
Changes to Federal Requirements
§ 3.j.(1)
Equal Employment Opportunity
(except special DOL construction
clause) )
Disadvantaged Business Enterprises
(DBEs)
Contract awarded on the basis of a
bid/proposal offering to use DBEs.
§ 12
§ 12.e
Incorporation of FTA Terms
Per FTA C 4220.1F.
§ 16.d
Prompt Payment
Prohibition on Certain
Telecommunications Equipment
49 CFR 26.29
2 CFR 200.216
FAR 52.204-24
Awards Exceeding $10,000
Terminations
§ 11 and § 16.d.(2)
Debarment and Suspension
Notice to FTA and U.S. DOT
Inspector General of waste, fraud,
abuse…
Lobbying
Awards exceeding $25,000
Awards exceeding $25,000
Awards exceeding $100,000
§ 4.h
§ 39(b)
§ 4.c and § 16.d(8)
Awards Exceeding the Simplified Acquisition Threshold ($250,000)
Resolution of Disputes, Breaches, or
Other Litigation
§ 39
Awards Exceeding $150,000 by Statute
Clean Air
42 U.S.C. 7401-7671q.
§ 16.d.(7)
Clean Water
33 U.S.C 1251-1387
§ 16.d.(7)
Buy America
When tangible property or construction
will be acquired. The threshold for
applicability is no longer tied to the
simplified acquisition threshold. It is
statutorily fixed in 49 U.S.C.
§5323(j)(13).
§ 15.a and b
Note: The Special EEO Clause for Construction is now shown on next page under
“Construction Activities” for all contracts.
1
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER — MATRICES
– THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts
exceeding $2,000)
PROVISION
Cargo Preference
Fly America
Construction Employee Protections
– Davis-Bacon Act
Construction Employee Protections
– Contract Work Hours &
Safety Standards Act
Construction Employee Protections
– Sec. 1 Copeland Anti-
Kickback Act
– Sec. 2 Copeland Anti-Kickback Act
Special EEO Provision for Construction
Bonding for Construction Activities
Exceeding $250,000
Seismic Safety
Veterans Preference
Nonconstruction Employee Protection
– Contract Work Hours &
Safety Standards Act
Transit Employee Protective
Arrangements
Charter Bus Operations
School Bus Operations
Drug Use and Testing
Alcohol Misuse and Testing
COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
Transport of Property or Persons
When acquiring property suitable for
shipment by ocean vessel.
When property or persons are transported
by air between U.S. and foreign
destinations, or between foreign locations.
§ 15.c
§ 15.d
Construction Activities
For contracts exceeding $2,000.
§ 16.d.(4)
For contracts exceeding $100,000.
OMB Office of Federal Financial
Management has not adopted the FAR
clause 2.101 $150,000 simplified
acquisition threshold standard.
§ 16.d.(5)
All contracts
All construction contracts exceeding
$2,000.
§ 16.d.(4)
All construction contracts
5% bid guarantee bond.
100% performance and payment bond.
Construction contracts for new buildings or
for existing buildings.
All construction contracts
Non-construction Activities
For all turnkey, rolling stock, and
operational contracts (except transportation
services contracts and open market
contracts) exceeding $100,000.
OMB Office of Federal Financial
Management has not adopted the FAR
clause 2.101 $150,000 simplified
acquisition threshold standard.
Transit Operations
Safety sensitive functions.
Safety sensitive functions.
§ 16.d.(3)
§ 16.n
§ 23.b
16.u
§ 24.b
§ 24.d
§ 28
§ 29
§ 35.b
§ 35.b
2
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
A. THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION
COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
Planning, Research, Development, and Demonstration Projects
Patent Rights
§ 17
Rights in Data and Copyrights
§ 18
Special Notification Requirements for States
Special Notification Requirement
for States
.
§ 37
Miscellaneous Special Requirements
Energy Conservation
Recycled Products
Prohibition on Certain
Telecommunications Equipment
Conformance with National ITS
Architecture
ADA Access
Assignability Clause
All Contracts
Contracts when procuring
$10,000 or more per year of items
designated by EPA.
All Contracts
Contracts and solicitations for ITS
projects.
Contracts for rolling stock or
facilities construction/renovation.
Procurements through
assignments (“piggybacking”).
§ 26
§ 16.d.(10)
2 CFR 200 Appendix II
2 CFR 200.216
§ 16.l
§ 12.h
§ 16.a, which incorporates FTA circular 4220.1
3
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION
No Federal Government
Obligations to Third Parties
(by Use of a Disclaimer)
False Statements or Claims Civil
and Criminal Fraud
Access to Third Party Contract
Records
Changes to Federal Requirements
Termination
Equal Employment Opportunity
except Special DOL EEO clause
for construction projects)
Special DOL EEO clause for
construction projects
Disadvantaged Business
Enterprises (DBEs)
Incorporation of FTA Terms
Debarment and Suspension
Buy America
TYPE OF PROCUREMENT
Professional Operations/
Services/A&E Management
Rolling
Stock
Purchase
All
All
All
All
All
All
>$10,000
All
All
All
All
>$10,000
All
All
All
All
>$10,000
All
All
All
>$25,000
All
All
>$25,000
All
All
>$25,000
>$150,000
Construction
Materials &
Supplies
All
All
All
All
All
>$10,000
All
All
All
All
>$10,000
All
>$10,000
All
All
>$25,000
>$150,000
All
All
>$25,000
>$150,000
Resolution of Disputes, Breaches,
or Other Litigation
Lobbying
Clean Air
Clean Water
Cargo Preference
Fly America
Notice to FTA and U.S. DOT
Inspector General of Information
Related to Fraud, Waste, etc.
Prompt Payment
>$250,000
>$100,000
>$150,000
>$150,000
Foreign air
transp. /travel.
$25,000 or
More. Prime
and Subs
All
>$250,000 >$250,000 >$250,000 >$250,000
>$100,000
>$150,000
>$150,000
Foreign air
transp.
/travel.
$25,000 or
More. Prime
and Subs
All
>$100,000
>$150,000
>$150,000
Transport by
ocean vessel.
Foreign air
transp.
/travel.
$25,000 or
More. Prime
and Subs
All
>$100,000
>$150,000
>$150,000
Transport by
ocean vessel.
Foreign air
transp.
/travel.
$25,000 or
More. Prime
and Subs
All
>$100,000
>$150,000
>$150,000
Transport by
ocean vessel.
Foreign air
transp.
/travel.
$25,000 or
More. Prime
and Subs
All
4
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000)
TYPE OF PROCUREMENT
PROVISION
Davis-Bacon Act
Veterans Preference
Contract Work Hours and Safety
Standards Act
Copeland Anti-Kickback Act
Section 1
Section 2
Bonding
Seismic Safety
Transit Employee Protective
Arrangements
Charter Service Operations
School Bus Operations
Drug Use and Testing
Alcohol Misuse and Testing
Patent Rights
Rights in Data and Copyrights
Energy Conservation
Recycled Products
Seat Belt Use
Distracted Driving
Conformance with ITS National
Architecture
ADA Access
Notification of Federal
Participation for States
Prohibition on Certain
Telecommunications Equipment
Professional Operations/
Services/A&E Management
>$250,000
(transportation
services
excepted).
A&E for new
buildings &
additions.
R&D
R&D
All
All
All
ITS projects.
Transit
operations.
All
All
Transit
operations.
Transit
operations.
All
EPA-selected
items $10,000
or more
annually.
All
All
ITS projects.
A&E
Limited to
States.
All
All
Limited to
States.
All
Rolling
Stock
Purchase
>$250,000
All
All
All
ITS projects.
All
Limited to
States.
All
Construction
>$2,000 (also
ferries).
>$150,000
>$250,000
(also ferries).
Materials &
Supplies
All
> $2,000 (also
ferries).
>$250,000
New
buildings &
additions.
All
EPA-selected
items $10,000
or more
annually.
All
All
ITS projects.
All
EPA-selected
items $10,000
or more
annually.
All
All
ITS projects.
All
Limited to
States.
All
All
Limited to
States.
All
5