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4U.S.Department of Transportation <br /> h)", Federal Railroad Administration <br /> 12.7 Procurement <br /> The Recipient may acquire property,goods, or services in connection with the Project. If the <br /> Recipient is a State,then it will use its own procurement procedures that reflect applicable State <br /> laws and regulations in compliance with 2 C.F.R. § 200.317.A Subrecipient of a State will follow <br /> the policies and procedures allowed by that State when procuring property and services under <br /> this award consistent with 2 C.F.R. § 1201.317, notwithstanding 2 C.F.R. § 200.317. An entity <br /> that is not a State or Subrecipient of a State will comply with 2 C.F.R. §§ 200.318-200.327, and <br /> applicable supplementary USDOT or FRA directives and regulations.The Recipient will provide <br /> technical specifications and requirements to FRA for review upon request. <br /> ARTICLE 13: COSTS, PAYMENTS, AND UNEXPENDED FUNDS <br /> 13.1 Limitation of Federal Award Amount <br /> Under this award, FRA will not provide funding in an amount greater than the Agreement <br /> Federal Funds.The Recipient acknowledges that FRA is not liable for payments exceeding that <br /> amount, and the Recipient will not request reimbursement of costs exceeding that amount. <br /> 13.2 Project Costs <br /> This award is subject to the cost principles at 2 C.F.R. part 200, subpart E, including provisions on <br /> determining allocable costs and determining allowable costs. <br /> 13.3 Timing of Project Costs <br /> (a) The Recipient will not charge to this award costs that are incurred after the budget <br /> period. <br /> (b) The Recipient will not charge to this award costs that were incurred before the date of <br /> this Agreement unless those costs are identified as approved pre-award costs in Section <br /> 6.6 of Attachment 2 of this Agreement and would have been allowable if incurred during <br /> the budget period.This limitation applies to pre-award costs under 2 C.F.R. § 200.458.This <br /> agreement hereby terminates and supersedes any previous FRA approval for the Recipient <br /> to incur costs under this award for the Project. Section 6.6 of Attachment 2 of this <br /> Agreement is the exclusive FRA approval of costs incurred before the date of this <br /> Agreement. <br /> (c) The Recipient may request approval of pre-award costs in a written request that <br /> demonstrates the purpose and amount of the costs, compliance with 2 C.F.R. §200.458, <br /> and whether such costs would otherwise serve as Non-Federal Funds. <br /> 13.4 Recipient Recovery of Federal Funds <br /> The Recipient will make all reasonable efforts, including initiating litigation, if necessary, to <br /> recover Federal funds if FRA determines, after consultation with the Recipient,that those funds <br /> have been spent fraudulently,wastefully,or in violation of Federal laws,or misused in any <br /> manner. The Recipient will not enter a settlement or other final position, in court or otherwise, <br /> involving the recovery of funds under the award unless approved in advance in writing by FRA. <br /> 23 <br />