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24 <br />Vessels," 46 C.F.R. Part 381, to the extent those regulations apply to the Project. <br />c. Fly America. The Contractor understands and agrees that the Federal/State <br />Government will not participate in the costs of international air transportation of any <br />individuals involved in or property acquired for the Project unless that air transportation is <br />provided by U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, <br />in accordance with the requirements of the International Air Transportation Fair <br />Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. GSA <br />regulations, "Use of United States Flag Air Carriers," 41 C.F.R. §§ 301-10.131 through <br />301-10.143.. The Contractor shall submit, if a foreign air carrier was used, an appropriate <br />certification or memorandum adequately explaining why service by a U.S. flag air carrier <br />was not available or why it was necessary to use a foreign air carrier and shall, in any <br />event, provide a certificate of compliance with the Fly America requirements. The <br />Contractor agrees to include the requirements of this section in all subcontracts that may <br />involve international air transportation. <br />Section 20 .Procurement. To the extent applicable, the Contractor agrees to comply with <br />the following third party procurement provisions: <br />a. Federal Standards. The Contractor agrees to comply with the third party <br />procurement requirements of 49 U.S.C. chapter 53 and other applicable Federal laws in <br />effect now or as subsequently enacted; with U.S. DOT third party procurement regulations <br />of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party <br />procurements and subsequent amendments thereto, to the extent those regulations are <br />consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North <br />Carolina General Statutes. The Contractor also agrees to comply with the provisions of <br />FTA Circular 4220.1 F, "Third Party Contracting Requirements," to the extent those <br />provisions are consistent with SAFETEA-LU provisions and with any subsequent <br />amendments thereto, except to the extent the Department or the FTA determines <br />otherwise in writing. Although the FTA "Best Practices Procurement Manual" provides <br />additional procurement guidance, the Contractor understands that the FTA "Best Practices <br />Procurement Manual" is focused on third party procurement processes and may omit <br />certain Federal requirements applicable to the third party contract work to be performed. <br />The Contractor shall establish written procurement procedures that comply with the <br />required Federal and State standards. <br />b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the Contractor <br />agrees to conduct all procurement transactions in a manner that provides full and open <br />competition as determined by the Department and FTA. <br />c. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements <br />imposed by Federal laws or regulations, the Contractor agrees to comply with the <br />requirements of 49 U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA <br />to support a procurement using exclusionary or discriminatory specifications. <br />d. Geographic Restrictions. The Contractor agrees that it will not use any State or <br />local geographic preference, except State or local geographic preferences expressly <br />mandated or as permitted by FTA. However, for example, in procuring architectural, <br />engineering, or related services, the Contractor's geographic location may be a selection <br />criterion, provided that a sufficient number of qualified firms are eligible to compete. <br />e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance with 49 <br />Revised 1/6/10 <br />