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1-6 Fly America Requirements <br />The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in <br />accordance with the General Services Administration's regulations at 41 CFR Part 301-10, <br />which provide that recipients and subrecipients of Federal funds and their contractors are <br />required to use U.S. Flag air carriers for U.S Government -financed international air travel <br />and transportation of their personal effects or property, to the extent such service is <br />available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly <br />America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate <br />certification or memorandum adequately explaining why service by a U.S. flag air carrier <br />was not available or why it was necessary to use a foreign air carrier and shall, in any event, <br />provide a certificate of compliance with the Fly America requirements. The Contractor <br />agrees to include the requirements of this section in all subcontracts that may involve <br />international air transportation. <br />1-7 Audit and Inspection of Records <br />Access to Records - The following access to records requirements apply to this Contract: <br />A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the <br />County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the <br />Comptroller General of the United States or any of their authorized representatives access <br />to any books, documents, papers and records of the Contractor which are directly <br />pertinent to this contract for the purposes of making audits, examinations, excerpts and <br />transcriptions in accordance with 2 C.F.R. 200.336. Contractor also agrees to provide the <br />County and the FTA Administrator or his authorized representatives including any PMO <br />Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction <br />sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is <br />receiving federal financial assistance through the programs described at 49 U.S.C. 5307, <br />5309 or 5311. <br />B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA <br />Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his <br />authorized representatives, including any PMO Contractor, access to the Contractor's <br />records and construction sites pertaining to a major capital project, defined at 49 U.S.C. <br />5302(a)l, which is receiving federal financial assistance through the programs described <br />at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes <br />contracts of less than the simplified acquisition threshold currently set at $100,000 (49 <br />CFR Part 633.5). <br />C. Where the Purchaser enters into a negotiated contract for other than a small purchase <br />or under the simplified acquisition threshold and is an institution of higher education, a <br />hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the <br />FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the <br />Purchaser, FTA Administrator, the Comptroller General of the United States or any of <br />23 <br />