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23 <br />"Interim Guidance for Implementing Key SAFETEA-LU Provisions <br />on Planning, Environment, and Air Quality for Joint FHWA/FTA <br />Authorities," dated September 2, 2005, as amended by joint <br />FHWA/FTA guidance, "SAFETEA-LU Deadline for New Planning <br />Requirements (July 1, 2007)," dated May 2, 2006 [clarifying <br />Guidance on Implementation of SAFETEA-LU Planning <br />Provisions], and subsequent Federal directives implementing <br />SAFETEA-LU, except to the extent FTA determines otherwise in <br />writing; <br />(3) Joint FHWA/FTA regulations, "Planning Assistance and <br />Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the <br />extent that those regulations are consistent with the SAFETEA-LU <br />amendments to public transportation planning and private <br />enterprise laws, and subsequent amendments to those <br />regulations that may be promulgated; and <br />(4) FTA regulations, "Major Capital Investment Projects," 49 <br />C.F.R. <br />Part 611, to the extent that those regulations are consistent with <br />the SAFETEA-LU amendments to the public transportation <br />planning and private enterprise laws, and any subsequent <br />amendments to those regulations that may be subsequently <br />promulgated. <br />b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In <br />addition to providing opportunities to participate in planning as described in Subsection <br />18a of this Agreement, to the extent feasible the Contractor agrees to comply with the <br />provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit <br />organizations that receive Federal assistance for nonemergency transportation from <br />Federal Government sources (other than U.S. DOT) an opportunity to be included in the <br />design, coordination, and planning of transportation services. <br />c. Infrastructure Investment. During the implementation of the Project, the Contractor <br />agrees to take into consideration the recommendations of Executive Order No. 12803, <br />"Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, <br />"Principles for Federal Infrastructure Investments," 31 U.S.C. § 501 note. <br />Section 19. Preference for United States Products and Services. To the extent <br />applicable, the Contractor agrees to comply with the following U.S. domestic preference <br />requirements: <br />a. Buy America. The Contractor agrees to comply with 49 U.S.C. § 5323Q) and 49 <br />CFR Part 661, FTA regulations, which provide that Federal funds may not be obligated <br />unless steel, iron and manufactured products used in FTA-funded projects are produced in <br />the United State, unless a waiver has been granted by FTA or the product is subject to a <br />general waiver. General Waivers are listed in 49 CFR 661.7 and include microcomputer <br />equipment, software, and small purchases ($100,000 or less made with capital, operating, <br />or planning funds. Separate requirements for rolling stock are set out at 49 <br />U.S.C.5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver <br />must be manufactured in the United States and have a 60 percent domestic content. <br />b. Cargo Preference-Use of United States-Flap Vessels. The Contractor agrees to <br />comply with U.S. Maritime Administration regulations, "Cargo Preference-U.S.-Flag <br />Revised 1/6/10 <br />