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CU.S.Department of Transportation <br /> aWhw Federal Railroad Administration <br /> (d) If the Recipient expends$750,000 or more in Federal awards during the Recipient's <br /> fiscal year,a single or program audit will be conducted for that year, consistent with 2 <br /> C.F.R. §§ 200.501(a) and 200.S12(c). <br /> 11.3 Internal Controls <br /> The Recipient will establish and maintain internal controls as required under 2 C.F.R. § 200.303. <br /> 11.4 FRA Record Access <br /> FRA may access Recipient records related to this award under 2 C.F.R. § 200.337. <br /> 11.5 Site Visits <br /> FRA may conduct site visits to review Project activities, accomplishments,and management <br /> control systems and to provide technical assistance to the Recipient. The Recipient will provide <br /> or ensure reasonable, safe, and convenient access to FRA for any such site visit. FRA will conduct <br /> all site visits in such a manner as will not unduly delay work conducted by the Recipient, <br /> Subrecipient, or contractor. <br /> ARTICLE 12: CONTRACTING AND SUBAWARDING <br /> 12.1 Buy America <br /> (a) For infrastructure projects, steel, iron, manufactured goods,and construction <br /> materials used in the Project are subject to the domestic preference requirement at§ <br /> 70914 of the Build America, Buy America Act (Buy American Act), Pub. L. No. 117-58, div. <br /> G,tit. IX, subtit. A, 135 Stat.429, 1298(2021) and 2 C.F.R. part 184,as implemented by <br /> OMB, USDOT,and FRA.The Recipient acknowledges that this Agreement is neither a <br /> waiver of§70914(a) nor a finding under§70914(b). <br /> (b) For all other projects, the Recipient's acquisition of steel, iron,and manufactured <br /> goods with funding provided through this Agreement is subject to the requirements set <br /> forth in the Buy American Act, 41 U.S.C. §§8301-8305.The Recipient also represents that <br /> it has never been convicted of violating the Buy American Act nor will it make funding <br /> received under this Agreement available to any person or entity who has been convicted <br /> of violating the Buy American Act. <br /> (c) Under this Section, "infrastructure project" has the definition provided in 2 C.F.R. § <br /> 184.3. <br /> (d) Under 2 C.F.R. § 200.322, as appropriate and to the extent consistent with law,the <br /> Recipient should,to the greatest extent practicable under this award, provide a <br /> preference for the purchase, acquisition, or use of goods, products, or materials produced <br /> in the United States.The Recipient shall include the requirements of 2 C.F.R. § 200.322 in <br /> all subawards including all contracts and purchase orders for work or products under this <br /> award. <br /> 21 <br />