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School Bus Operations
<br /> Prohibitions.The Recipient agrees that neither it nor any Third Party Participant that is participating in
<br /> its Award will engage in school bus operations exclusively for the transportation of students or school
<br /> personnel in competition with private school bus operators,except as permitted by federal transit laws,
<br /> 49 U.S.C.§5323(f)or(g), FTA regulations, "School Bus Operations,"49 CFR Part 605,and any other
<br /> applicable federal "School Bus Operations"laws,regulations, requirements,or applicable federal
<br /> guidance.
<br /> Violations.If a Recipient or any Third Party Participant has operated school bus service in violation of
<br /> FTA's School Bus laws, regulations,or requirements, FTA may require the Recipient or Third Party
<br /> Participant to take such remedial measures as FTA considers appropriate,or bar the Recipient or Third
<br /> Party Participant from receiving federal transit assistance.
<br /> Drug Use and Testing
<br /> Drug or Alcohol Abuse—Confidentiality and Other Civil Rights Protections.The Recipient agrees to
<br /> comply with the confidentiality and civil rights protections of:(1)The Drug Abuse Office and Treatment
<br /> Act of 1972,as amended,21 U.S.C.§1101,et seq.;(2)The Comprehensive Alcohol Abuse and
<br /> Alcoholism Prevention,Treatment and Rehabilitation Act of 1970,as amended,42 U.S.C.§4541,et seq.;
<br /> and(3)The Public Health Service Act,as amended,42 U.S.C.§§290dd—290dd-2.
<br /> Substance Abuse,Alcohol Misuse and Testing
<br /> Drug-Free Workplace.The Recipient agrees to:(1)Comply with the Drug-Free Workplace Act of 1988,as
<br /> amended,41 U.S.C.§8103,et seq.;94(2)Comply with U.S. DOT regulations, "Governmentwide
<br /> Requirements for Drug-Free Workplace(Financial Assistance),"49 CFR Part 32;and(3)Follow and
<br /> facilitate compliance with U.S.OMB regulatory guidance,"Governmentwide Requirements for Drug-
<br /> Free Workplace(Financial Assistance),"2 CFR Part 182, particularly where the U.S.OMB regulatory
<br /> guidance supersedes comparable provisions of 49 CFR Part 32.
<br /> Alcohol Misuse and Prohibited Drug Use.(1)Requirements.The Recipient agrees to comply and assures
<br /> that its Third Party Participants will comply with:(i)Federal transit laws,specifically 49 U.S.C.§5331; (ii)
<br /> FTA regulations,"Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,"49 CFR
<br /> Part 655;and(iii)Applicable provisions of U.S.DOT regulations, "Procedures for Transportation
<br /> Workplace Drug and Alcohol Testing Programs,"49 CFR Part 40.(2) Remedies for Non-Compliance.The
<br /> Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal
<br /> assistance under 49 U.S.C.chapter 53 is not in compliance with 49 CFR Part 655,the Federal Transit
<br /> Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the
<br /> federal transit assistance for public transportation it would otherwise receive.
<br /> Patent Rights
<br /> The Federal Government may acquire patent rights when the contractor produces a patented or
<br /> patentable invention,improvement,or discovery.The Federal Government's rights arise when the
<br /> patent or patentable information is conceived or reduced to practice with federal assistance provided
<br /> through this Underlying Agreement,or when a patent is issued or patented information becomes
<br /> available as described in the Master Agreement,the contractor or Buyer will notify FTA immediately and
<br /> provide a detailed report satisfactory to FTA. Unless the Federal Government determines otherwise in
<br /> writing, irrespective of its status or the status of any Third Party Participant as a large business,small
<br /> business,state government,state instrumentality,local government,Indian tribe, nonprofit
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