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their duly authorized representatives with access to any books, documents, papers and <br />record of the Contractor which are directly pertinent to this contract for the purposes of <br />making audits, examinations, excerpts and transcriptions. <br />D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA <br />Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project <br />or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, <br />the Contractor shall make available records related to the contract to the Purchaser, the <br />Secretary of Transportation and the Comptroller General or any authorized officer or <br />employee of any of them for the purposes of conducting an audit and inspection. <br />E. The Contractor agrees to permit any of the foregoing parties to reproduce by any <br />means whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />F. The Contractor agrees to maintain all books, records, accounts and reports required <br />under this contract for a period of not less than three (3) years after the date of <br />termination or expiration of this contract, except in the event of litigation or settlement of <br />claims arising from the performance of this contract, in which case Contractor agrees to <br />maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or <br />any of their duly authorized representatives, have disposed of all such litigation, appeals, <br />claims or exceptions related thereto. <br />G. FTA does not require the inclusion of these requirements in subcontracts. <br />1-8 FTA Protest Procedures <br />Bidders are hereby notified that if this Contract is funded in whole or in part by the <br />Federal Department of Transportation, the Federal Transit Administration (FTA) may <br />entertain a protest that alleges that the County failed to have or follow written protest <br />procedures. Bidders must file a protest with the FTA not later than 5 working days after <br />the County renders a final decision or 5 working days after the Bidder knows or has <br />reason to know that the County has failed to render a final decision. The protesting party <br />must notify the County if it has filed a protest with the FTA. After 5 days, the County <br />will confirm with FTA that FTA has not received a protest. Protests to the FTA must be <br />filed in accordance with FTA Circular 4220.1F (as periodically updated). <br />The County will not award a contract for 5 working days following its decision on a Bid <br />protest or while a protest to the FTA is pending unless the County determines that: (1) the <br />items to be procured are urgently required; (2) delivery of performance will be unduly <br />delayed by failure to make the award promptly; or (3) failure to make prompt award will <br />otherwise cause undue harm to the County or the Federal Government. <br />24 <br />