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including UMTA Circular 4220. 1B; and any revisions thereof, as may <br /> be applicable. UMTA reserves the right to review the Recipient's <br /> technical specifications and requirements, where such review is <br /> necessary for proper Project administration. The Recipient <br /> further agrees that, notwithstanding the requirements of <br /> Section 121 of Part II of this Agreement, no Federal funds shall <br /> be used to support procurements utilizing exclusionary or <br /> discriminatory specifications. <br /> f. Force Account. The Government (UMTA) reserves the right to " <br /> determine the extent of its participation in force account costs. - <br /> g. Settlement of Third Party Contract Disputes or Breaches. The � <br /> Government has a vested interest in the settlement of any dispute, . <br /> default, or breach involving any federally-assisted third party <br /> contract. The Government retains the right to a proportionate <br /> share, based on the percentage of the Federal share committed <br /> to the Project, of any proceeds derived from any third party <br /> recovery. Therefore the Recipient shall avail itself of all <br /> legal rights available under any third party contract. The <br /> Recipient shall notify the Government of any current or <br /> prospective litigat�.on or major disputed claim pertaining to <br /> any third party contract. The Government reserves the right <br /> to concur in any compromise or settlement of any claim by the <br /> Recipient involving any third party contract. If the third party <br /> contract contains a liquidated damages provision, any liquidated <br /> damages recovered shall be credited to the Project account <br /> involved unless the Government permits otherwise. In the event <br /> the Recipient wishes to join the Government as a named party to <br /> litigation, for any reason, the Recipient agrees to inform the <br /> Government before doing so; this proviso applies to any type of <br /> litigation whatsoever, in any forum. <br /> h. Ethics. The Recipient shall maintain a written code or <br /> standards of conduct that shall govern the performance of its <br /> officers, employees, board members, or agents engaged in the award <br /> and administration of contracts supported by Federal funds. Such <br /> code or standards shall provide that no employee, officer, board <br /> member, or agent of the Recipient may participate in the <br /> selection, award, or administration of a contract supported by <br /> Federal funds if a conflict of interest, real or apparent, would <br /> be involved. Such a conflict would arise when any of the parties <br /> set forth below has a financial or other interest in the firm <br /> selected for award: <br /> (1) The employee, officer, board member, or agent; <br /> (2) Any member of his or her immediate family; <br /> (3) His or her partner; or <br /> (4) An organization that employs, or is about to employ, <br /> any of the above. <br /> Page 16 <br />