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(4) Any contract/subcontract to other than apparent lowest bidder equal to
<br />or greater than $2,500;
<br />(5) Any procurement equal to or greater than $90,000;
<br />(6) Any contract modification that would change the scope of a contract or
<br />increase the contract amount up to or over the formal (sealed) bid
<br />threshold of $90,000.
<br />k. Project Approval/Third Party Contract Approval. Except to the extent the
<br />Department determines otherwise in writing, the Contractor agrees that the Department's award
<br />of Federal and State assistance for the Project does not, by itself, constitute pre - approval of any
<br />non - competitive third party contract associated with the Project.
<br />I. Preference for Recycled Products. To the extent applicable, the Contractor
<br />agrees to comply with U.S. EPA regulations, Comprehensive Procurement Guidelines for
<br />Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002
<br />of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with
<br />subsequent Federal regulations that may be promulgated. Accordingly, the Contractor agrees
<br />to provide 'a competitive preference for products and services that conserve natural resources,
<br />protect the environment, and are energy efficient.
<br />M. Clean Air and Clean Water. The Contractor agrees to include in each third
<br />party contract and subagreement exceeding $100,000 adequate provisions to ensure that each
<br />Project participant will agree to report the use of facilities placed on or likely to be placed on the
<br />U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any
<br />violating facilities, to report violations to the Department and the Regional U.S. EPA Office, and
<br />to comply with the inspection and other applicable requirements of:
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7414, and
<br />other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through
<br />7671q; and
<br />(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368,
<br />and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251
<br />through 1377.
<br />n. National Intelligent Transportation Systems Architecture and Standards. To
<br />the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation
<br />Systems (ITS) Architecture and Standards as required by SAFETEA -LU § 5307(c), 23 U.S.C. §
<br />512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit
<br />Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing
<br />directives, except to the extent FTA or the Department determines otherwise in writing.
<br />o. Rolling Stock. In acquiring rolling stock, the Contractor agrees as follows:
<br />(1) Method of Acquisition. The Department's Public Transportation
<br />Division, through the North Carolina Department of Administration, Purchase and Contract
<br />Division, awards vehicle contracts for its grant recipients to purchase public transit vehicles.
<br />These vehicle contracts comply with FTA and State requirements. The Contractor will utilize
<br />these vehicle contracts to purchase public transit vehicles included in the Approved Budget for
<br />this Project. For public transit vehicles not included in these contracts, the Contractor shall
<br />conduct a competitive procurement process in accordance with this Agreement.
<br />(2) Multi -year Options. In accordance with 49 U.S.C. § 5325(e)(1), the
<br />Contractor may not enter into a multi -year contract with options, exceeding five (5) years after
<br />the date of the original contract, to purchase additional rolling stock and replacement parts.
<br />(3) Pre -Award and Post - Delivery Requirements. The Contractor agrees to
<br />comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre -Award and
<br />Post - Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated,
<br />any amendments to those regulations. The Contractor understands and agrees that to the
<br />extent the provisions of 49 U.S.C. § 5323(m), as amended by SAFETEA -LU conflict with FTA's
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