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negligence of the party not performing. <br />20. COST PRINCIPALS <br />a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, <br />Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to <br />determine the allowability of cost individual items. <br />b. Consultant agrees to comply with federal procedures in accordance with 49 <br />CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative <br />Agreements to State and Local Governments. <br />c. Any costs for which payment has been made to Consultant that are determined <br />by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulation <br />System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. <br />21. PROGRAM FRAUD / FALSE OR FRAUDULENT STATEMENTS <br />a. Consultant acknowledges that the provisions of the Program Fraud Civil <br />Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec. and U.S. DOT regulations, <br />"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this <br />Project. Accordingly, by signing this Agreement, Consultant certifies the truthfulness <br />and accuracy of any statement it has made, it makes, it may make, or causes to be made, <br />pertaining to this Agreement or the FHWA assisted project for which this contract work <br />is being performed. In addition to other penalties that may be applicable, Consultant <br />further acknowledges that if it makes, or causes to be made, a false, fictitious, or <br />fraudulent claim, statement, submission, or certification, the Federal Government <br />reserves the right to impose the penalties of the Program Fraud Civil <br />Remedies Act of 1986 on Consultant to the extent the Federal Government deems <br />appropriate. <br />b. Consultant 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 part <br />with Federal assistance originally awarded by FHWA under the authority of 49 U.S.C. § <br />5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. § <br />1001 and 49 U.S.C. § 5307, et seq. on the Consultant, to the extent the Federal <br />Government deems appropriate. <br />c. Consultant agrees to include the above two clauses in each subcontract <br />financed in whole or in part with Federal assistance provided by FHWA. It is further <br />agreed that the clauses shall not be modified, except to identify the subcontractor who <br />will be subject to the provisions.