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<br />award of Federal and State assistance for the Project does not, by itself, constitute pre-
<br />approval of any non-competitive third party contract associated with the Project.
<br />I. Preference for Recycled Products. To the extent applicable, the Contractor agrees
<br />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
<br />6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962,
<br />and with subsequent Federal regulations that may be promulgated. Accordingly, the
<br />Contractor agrees to provide a competitive preference for products and services that
<br />conserve natural resources, protect the environment, and are energy efficient.
<br />m. Clean Air and Clean Water. The Contractor agrees to include in each third party
<br />contract and sub-agreement 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
<br />on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to
<br />not use any violating facilities, to report violations to the Department and the Regional U.S.
<br />EPA Office, and 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,
<br />and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401
<br />through 7671 q; and
<br />(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. §
<br />1368, and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C.
<br />§§ 1251 through 1377.
<br />n. National Intelligent Transportation Systems Architecture and Standards. To the
<br />extent applicable, the Contractor agrees to conform to the National Intelligent
<br />Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
<br />5307(c), 23 U.S.C. § 512 note, and comply with FTA Notice, "FTA National ITS
<br />Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and
<br />any subsequent further implementing directives, except to the extent FTA or the
<br />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
<br />vehicles. These vehicle contracts comply with FTA and State requirements. The
<br />Contractor will utilize these vehicle contracts to purchase public transit vehicles included in
<br />the Approved Budget for this Project. For public transit vehicles not included in these
<br />contracts, the Contractor shall conduct a competitive procurement process in accordance
<br />with this Agreement.
<br />(2) Multi-year Options. In accordance with 49 U.S.C. § 5325(e)(1),
<br />the Contractor may not enter into amulti-year contract with options, exceeding five (5)
<br />years after the date of the original contract, to purchase additional rolling stock and
<br />replacement parts.
<br />(3) Pre-Award and Post-Delivery Requirements. The Contractor
<br />agrees to comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-
<br />Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and,
<br />when promulgated, any amendments to those regulations. The Contractor understands
<br />and agrees that to the extent the provisions of 49 U.S.C. § 5323(m), as amended by
<br />SAFETEA-LU conflict with FTA's implementing regulations, as currently promulgated, the
<br />Revised 1/6/10
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