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U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using
<br />exclusionary or discriminatory specifications.
<br />d. Geographic Restrictions. The Contractor agrees that it will not use any State or local
<br />geographic preference, except State or local geographic preferences expressly mandated or as
<br />permitted by FTA. However, for example, in procuring architectural, engineering, or related services,
<br />the Contractor's geographic location may be a selection criterion, provided that a sufficient number of
<br />qualified firms are eligible to compete.
<br />e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance with 49
<br />U.S.C. § 5325(1), any State law requiring buses to be purchased through in-State dealers will not apply
<br />to purchases of vehicles acquired with funding authorized under 49 U.S.C. chapter 53.
<br />f. Neutrality in Labor Relations. To the extent permitted by law, the Contractor agrees
<br />to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal
<br />Construction Projects," February 6, 2009, 74 Fed. Reg. 6985 et seq. As a result, the Recipient is no
<br />longer prohibited from requiring an affiliation with a labor organization, such as a project labor
<br />agreement, as a condition for award of any third party contract or subcontract at any tier for
<br />construction or construction management services, except to the extent that the Federal Government
<br />determines otherwise in writing.
<br />g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal
<br />Supply Schedules to acquire federally assisted property or services except to the extent permitted by
<br />U.S. GSA, U.S. DOT, or FTA laws, regulations, directives, or determinations.
<br />h. Force Account. The Contractor agrees that FTA may determine the extent to which
<br />Federal assistance may be used to participate in force account costs.
<br />i. Department Technical Review. The Contractor agrees to permit the Department to
<br />review and approve the Contractor 's technical specifications and requirements to the extent the
<br />Department believes necessary to ensure proper Project administration. The Contractor agrees to
<br />submit the following to the Department for its review and approval prior to solicitation:
<br />(1) New/adapted specifications for equipment, supplies, apparatuses and new-type
<br />rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less
<br />than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and
<br />Light Transit Vehicles (Cutaway-type Bus}.
<br />(2) Drawings, designs, and/or description of work for construction, renovation, or
<br />facility improvement projects, including the purchase or construction of bus shelters.
<br />j. Department Pre-award Approval. The Contractor agrees to submit procurement
<br />documents to the Department for its review and approval prior to award of a contract/ subcontract
<br />under this Agreement for any of the following:
<br />(1) All new-type rolling stock, excluding Minivans; Conversion and Lift
<br />Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles
<br />(Cutaway-type Bus).
<br />(2) All construction projects equal to or greater than $30,000;
<br />(3) Any "brand name" product or sole source purchase equal to or greater
<br />than $2,500;
<br />(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 threshold of
<br />$90,000.
<br />k. Proiect Approval/Third Party Contract Approval. Except to the extent the Department
<br />determines otherwise in writing, the Contractor agrees that the Department's award of Federal and
<br />State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third
<br />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 Products Containing
<br />Recovered Materials," 40 C.F.R. Part 247, which. implements Section 6002 of the Resource
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