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31 <br />informal and formal solicitations of goods, services, and construction <br />projects including design services. The words "Recovery Funds" shall be <br />used in the description column of the IPS system to identify procurement <br />opportunities that are using recovery funds as the method of payment. If you <br />are currently not an IPS user, please contact NCDOT to receive instructions <br />that will enable your organization to post your solicitation electronically. <br />b) Public transit systems using recovery funds will also solicit bids or <br />proposals exceeding the amount of $5,000 in a local newsprint outlet <br />including minority and women owned outlets. The division can provide <br />sources of outlets for systems. <br />c) It is the policy of the State and FTA to promote the use of small contractors, <br />minority contractors, physically handicapped contractors, and women <br />contractors in purchasing of goods and services. Transit systems are <br />encouraged to seek out certified DBE contractors for all ARRA <br />procurements. NCDOT maintains the qualified listing of DBE contractors <br />that can be located at: <br />https://apps.dot.state. nc.us/vendor/directory/default.aspx#0 <br />All construction projects will be required to have a project specific goal set <br />for the ARRA funded project. <br />Section 21. Leases. <br />a. Capital Leases. To the extent applicable, the Contractor agrees to <br />comply with FTA regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision <br />thereto. All lease agreements must be approved by the Department prior to execution. <br />b. Leases Involving Certificates of Participation. The Contractor agrees to <br />obtain the Department's concurrence before entering into any leasing arrangement <br />involving the issuance of certificates of participation in connection with the acquisition of <br />any capital asset. <br />Section 22. Hold Harmless. Except as prohibited or otherwise limited by State law or <br />except to the extent that FTA or the Department determines otherwise in writing, upon <br />request by the Federal or State Govemment, the Contractor agrees to indemnify, save, <br />and hold harmless the Federal and State Government and its officers, agents, and <br />employees acting within the scope of their official duties against any liability, including <br />costs and expenses, resulting from any willful or intentional violation by the Contractor of <br />proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, <br />reproduction, delivery, use, or disposition of any data furnished under the Project. The <br />Contractor shall not be required to indemnify the Federal or State Government for any <br />such liability caused by the wrongful acts of Federal or State employees or agents. <br />Section 23. Use of Real Property, Equipment, and Supplies. The Contractor <br />understands and agrees that the Federal/State Govemment retains a Federal/State <br />interest in any real property, equipment, and supplies financed with Federal/State <br />assistance (Project property) until, and to the extent, that the Federal/State Government <br />relinquishes its Federal/State interest in that Project property. With respect to any Project <br />property financed with Federal/State assistance under this Agreement, the Contractor <br />Revised 1/6/10 <br />