Common use of Fraud, Waste, and Abuse Clause in Contracts

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 AustinX.X. Xxx 00000 Xxxxxx, Texas 78708Xxxxx 00000-52000000

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ xxxx://xxx.xxxxx.xxxxx.xx.xx All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v. 1.9 Effective July 2021 Page 5 of 12 ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s 's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 AustinX.X. Xxx 00000 Xxxxxx, Texas 78708Xxxxx 00000-52000000

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● • SAO Toll Free Hotline: 1-800-TX-AUDIT ● • SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG • OTG Toll Free Hotline 0-000-000-0000 ● OIG • OTG Website: XxxxxxXxxxxXxxxx.xxx ● Internal • Tnternal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG • OTG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG • OTG Mailing Address: Office of Inspector Tnspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type The reporting of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse includingis everyone’s responsibility, but specifically, those involved in the delivery of the Federal Aid Highway Program and for all public servants in general. As stewards of public funds, our duties involve verifying that work performed by private contractors meets the required specifications, both in materials used and in construction practices rendered. On behalf of the FHWA and NHDOT, it is expected that fraudulent activities will not limited to, HHS Circular C-027. A report be tolerated and will be reported immediately to the SAO must be made through one appropriate authorities. Proactive and effective fraud prevention and detection is a collateral duty of all public employees and citizens of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made state. Pursuant to the OIG must be made through one Inspector General Act of 1978, the Office of the following avenuesInspector General (OIG) Office of Investigations, the U.S. Department of Transportation (USDOT) is responsible for conducting investigations of fraud, waste, and abuse involving FHWA programs. Any suspected fraudulent activities by federal or state employees, contractors, subcontractors, and any other participants on federally funded highway construction projects, should be reported to the FHWA New Hampshire Division and OIG. The OIG maintains a hotline to facilitate the reporting of allegations of fraud, waste, abuse, or mismanagement in USDOT program or operations. Per the OIG Web site; “Confidentiality is established by Section 7(b) of the Inspector General Act of 1978, which precludes the IG from disclosing the identity of a DOT employee who reports an allegation or provides information, without the employee's consent, unless the IG determines that disclosure is unavoidable during the course of the investigation. Non-Department of Transportation employees who report allegations may specifically request confidentiality.” Contact Information: ● OIG Toll Free National Hotline 0-(000-) 000-0000 ● OIG WebsiteRegional Office-Cambridge, MA (000) 000-0000 EXECUTION BY THE FHWA NEW HAMPSHIRE DIVISION OFFICE Executed this 14th day of May, 2015. Signature /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Division Administrator EXECUTION BY THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION Executed this 14th day of May, 2015. Signature /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx Acting Commissioner ATTACHMENT A PROJECT ACTION RESPONSIBILITY MATRIX (As of February 6, 2015) The following matrix identifies Federal-aid highway program (FAHP) project approvals and related responsibilities. The matrix specifies which actions are subject to State assumption under the provisions of 23 U.S.C. 106(c) or other statutory or regulatory authority, as well as those which are reserved to FHWA. In the column entitled “Projects on the NHS” if an item is marked “FHWA or State,” it means the State may assume the specified approval and related responsibilities if the Division determines the assumption is appropriate. For projects on the NHS, the FHWA may retain any approval or related action in any box marked “FHWA or State” as deemed appropriate by the Division. If the FHWA retains any approval or related action in any box marked “FHWA or State”, the project is a PoDI, and will require a PoDI plan. For the column marked “Projects off the NHS”, the State must assume all items marked “State” unless the State determines the assumption of a particular item by the State is not appropriate. Except as expressly stated in notes to the matrix below, the State cannot assume any item marked only as “FHWA” in either column. Any item marked only “FHWA” is reserved to FHWA because it is outside the scope of 23 U.S.C. 106(c), or otherwise is reserved to FHWA by law. The NHDOT is responsible for ensuring all individual elements of the project are eligible for FAHP funding, but all final eligibility and participation determinations are retained by FHWA. While FHWA may not delegate decision-making authority to a State unless authorized by law, FHWA may authorize a NHDOT to perform work needed to reach the decision point, or to implement the decision. PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Ensure project in Statewide Transportation Improvement Program (STIP)/Transportation Improvement Program (TIP) STATE STATE Identify proposed funding category STATE (1) STATE (1) PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Obligate funds/approve Federal- aid project agreement, modifications, and project closures (project authorizations) (Note: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Emailthis action cannot be assumed by State) FHWA FHWA Authorize current bill (Note: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Emailthis action cannot be assumed by State) FHWA FHWA Review and Accept Financial Plan and Annual Updates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xxthis action cannot be assumed by State) FHWA FHWA Review Cost Estimates for Federal Major Projects over $500 million [23 U.S.C. 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Develop Financial Plan for Federal Projects between $100 million and $500 million. ● OIG Mailing Address[23 U.S.C. 106(i)] STATE STATE All EA/FONSI, XXX/ROD, 4(f), 106, 6(f) and other approval actions required by Federal environmental laws and regulations. (Note: Office this action cannot be assumed by STATE except under 23 U.S.C. 327) FHWA (2) FHWA (2) Categorical Exclusion approval actions (Note: this action cannot be assumed by the State except through an assignment under 23 U.S.C. 326 or 327, or through a FHWA (2) FHWA (2) PROJECT ACTION RESPONSIBILITY MATRIX (as of Inspector General AttnFebruary 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority programmatic agreement pursuant to Section 1318(d) of MAP-21 and 23 CFR 771.117(g)) Exempt bridge from Coast Guard permit requirements (23 CFR 650.805) FHWA FHWA Consultant Contract Selection STATE (3) STATE (3) Sole source Consultant Contract Selection FHWA (3) STATE (3) Approve hiring of consultant to serve in a “management” role (Note: Fraud Hotline MC 1300 P.O. Box 85200 Austinthis action cannot be assumed by State) [23 CFR 172.9] FHWA FHWA Approve consultant agreements and agreement revisions (Federal non-Major Projects) [23 CFR 172.9] STATE STATE Approve consultant agreements and agreement revisions on Federal Major Projects [23 CFR 172.9] (Note: this action cannot be assumed by State) FHWA FHWA Approve exceptions to design standards [23 CFR 625.3(f)] STATE STATE Interstate System Access Change [23 USC 111] (Note: this action cannot be assumed by State) FHWA N/A Interstate System Access Justification Report [23 USC 111] (Note: action may be assumed by State pursuant to 23 USC 111(e)) FHWA N/A Airport highway clearance coordination and respective public interest finding (if required) STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, Texas 787082015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority [23 CFR 620.104] Approve Project Management Plan for Federal Major Projects over $500 million [23 USC 106(h)] (Note: this action cannot be assumed by State) FHWA FHWA Approve innovative and Public- Private Partnership projects in accordance with SEP-14 and SEP- 15 (Note: this action cannot be assumed by State) FHWA FHWA Provide pre-5200approval for preventive maintenance project (until FHWA concurs with STATE procedures) (Note: this action cannot be assumed by State) FHWA FHWA Provide approval of preliminary plans for unusual/complex bridges or structures on the Interstate. [23 USC 109(a) and FHWA Policy] FHWA (4) N/A Provide approval of preliminary plans for unusual/complex bridges or structures (non-Interstate). [23 USC 109(a) and FHWA Policy] STATE (4) STATE Approve retaining right-of-way encroachments [23 CFR 1.23 (b) & (c)] STATE STATE Approve use of local force account agreements [23 CFR 635.104 & 204] STATE STATE Approve use of publicly equipment owned STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Assumption of FHWA Responsibilities under Responsibilities under statutory or regulatory statutory or regulatory authority authority [23 CFR 635.106] Approve the use of proprietary products, processes [23 CFR 635.411] STATE STATE Concur in use of publicly furnished materials [23 CFR 635.407] STATE STATE Make feasibility/practicability determination for allowing authorization of construction prior to completion of ROW clearance, utility and railroad work [23 CFR 635.309(b)] FHWA for Interstate STATE for Non-Interstate STATE Make public interest finding on whether State may proceed with bid advertisement even though ROW acquisition/relocation activities are not complete for some parcels [23 CFR 635.309(c)(3)] FHWA for Interstate STATE for Non-Interstate STATE Ensure compliant ROW certificate is in place [23 CFR 635.309(c)] STATE STATE Approve Hardship and Protective FHWA FHWA Buying [23 CFR 710.503] (If a Federal-aid project) (Note: this action cannot be assumed by State) Approve Interstate Real Property Interest Use Agreements [23 CFR 710.405] (Note: this action cannot be assumed by State) FHWA N/A Approve non-highway use and occupancy [23 CFR 1.23(c)] FHWA for Interstate STATE for Non-Interstate (3) STATE (3) PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Approve disposal at less than fair market value of federally funded right-of-way, including disposals of access control [23 U.S.C. 156] (Note: this action cannot be assumed by State) FHWA FHWA Approve disposal at fair market value of federally funded right-of- way, including disposals of access control [23 CFR 710.409] (Note: 23 CFR 710.201 authorizes FHWA and STATE to agree to scope of property-related oversight and approvals for all actions except those on the Interstate System) FHWA for Interstate STATE for Non-Interstate (3) STATE (3) Requests for credits toward the non-Federal share of construction costs for early acquisitions, donations or other contributions applied to a project (Note: this action cannot be assumed by State) FHWA FHWA Federal land transfers [23 CFR 710, Subpart F] (Note: this action cannot be assumed by State) FHWA FHWA Functional replacement of property [23 CFR 710.509] (Note: this action cannot be assumed by State) FHWA FHWA Accept Transportation Management Plans (23 CFR 630.1012(b)) STATE STATE Approval of System Engineering Analysis (for ITS) [23 CFR 940.11] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Approve PS&E [23 CFR 630.201] STATE STATE Authorize advance construction and conversions [23 CFR 630.703 & 709] (Note: this action cannot be assumed by State) FHWA FHWA Approve utility or railroad force account work [23 CFR 645.113 & 646.216] STATE STATE Approve utility and railroad agreements [23 CFR 645.113 & 646.216] STATE STATE Approve use of consultants by utility companies [23 CFR 645.109(b)] STATE STATE Approve exceptions to maximum railroad protective insurance limits [23 CFR 646.111] STATE STATE Authorize (approve) advertising for bids [23 CFR 635.112, 309] STATE STATE Approve cost-effectiveness determinations for construction work performed by force account or by contract awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve emergency determinations for contracts awarded by other than competitive bidding [23 CFR 635.104 &.204] FHWA STATE Approve construction engineering by local agency [23 CFR 635.105] STATE STATE Approve advertising period less than 3 weeks [23 CFR 635.112] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Approve addenda during advertising period [23 CFR 635.112] STATE STATE Concur in award of contract [23 CFR 635.114] STATE STATE Concur in rejection of [23 CFR 635.114] all bids STATE STATE Approval of Design-Build Requests-for-Proposals and Addenda [23 CFR 635.112] FHWA STATE Approve changes and extra work [23 CFR 635.120] STATE STATE Approve contract time [23 CFR 635.120] extensions STATE STATE Concur in use of mandatory borrow/disposal sites [23 CFR 635.407] STATE STATE Accept materials certification [23 CFR 637.207] STATE STATE Concur in settlement of contract claims [23 CFR 635.124] STATE STATE Concur in termination of construction contracts [23 CFR 635.125] FHWA STATE Waive Buy America provisions [23 CFR 635.410] (Note: this action cannot be assumed by State) FHWA FHWA Final inspection/acceptance of completed work [23 USC 114(a)] STATE STATE Approval of Disadvantaged Business Enterprise (DBE) Project Contract Goal set by the NHDOT under 49 CFR 26.51(d). [49 CFR 26.51(e)(3)] STATE STATE PROJECT ACTION RESPONSIBILITY MATRIX (as of February 6, 2015) (Excluding PoDIs, which are subject to separate PoDI Plans) ACTION AGENCY RESPONSIBLE PROJECTS ON THE NHS PROJECTS OFF THE NHS Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Assumption of FHWA Responsibilities under 23 U.S.C. 106(c) or other statutory or regulatory authority Acceptance of Xxxxxx’s Good Faith Efforts to Meet Contract Goal [49 CFR 26.53] or of Prime Contractor’s Good Faith Efforts to Find Another DBE Subcontractor When a DBE Subcontractor is Terminated or Fails to Complete Its Work [49 CFR 26.53(g)] (Note: this action cannot be performed by the FHWA) STATE STATE Equal Employment Opportunity (EEO) Contract Compliance Review [23 CFR Part 230, Subpart D]). STATE STATE Training Special Provision – Approval of Project Goal for training slots or hours [23 CFR Part 230, Subpart A] STATE STATE Training Special Provision – Approval of New Project Training Programs (Note: this action cannot be assumed by State) [23 CFR 230.111(d), (e)] FHWA FHWA FOOTNOTES:

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s 's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ xxxxx://xxx.xxxxx.xxxxx.xxx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx xxxxxxxxxxxxxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx xxxxxxxxxxxxxxxxxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. xxxxxxxxxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 85200, Mail Code 1300 Austin, Texas 78708-5200

Fraud, Waste, and Abuse. Contractor Grantee understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor’s Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor Xxxxxxxx agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: ● SAO Toll Free Hotline: 1-800-TX-AUDIT ● SAO website: xxxx://xxx.xxxxx.xxxxx.xx.xx/ All reports made to the OIG must be made through one of the following avenues: ● OIG Toll Free Hotline 0-000-000-0000 ● OIG Website: XxxxxxXxxxxXxxxx.xxx ● Internal Affairs Email: XxxxxxxxXxxxxxxXxxxxxxx@xxxx.xxxxx.xx.xx ● OIG Hotline Email: XXXXxxxxXxxxxxx@xxxx.xxxxx.xx.xx. ● OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200