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Section 11. Procurement. To the extent applicable, the Contractor agrees to comply with <br />the following third party procurement provisions: <br />a. Federal and State Standards. The Contractor agrees to comply with the third <br />party. 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 of 49 <br />C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party procurements <br />and subsequent amendments thereto, to the extent those regulations are consistent with <br />SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. <br />The Contractor also agrees to comply with the provisions of FTA Circular 4220.1 E, "Third Party <br />Contracting Requirements," to the extent those provisions are consistent with SAFETEA-LU <br />provisions and with any subsequent amendments thereto, except to the extent the Department <br />determines otherwise in writing. Although the FTA "Best Practices Procurement Manual" <br />provides additional procurement guidance, the Contractor understands that the FTA "Best <br />Practices 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. The <br />Contractor shall establish written procurement procedures that comply with the required Federal <br />and State standards. <br />b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the <br />Contractor agrees to conduct all procurement transactions in a manner that provides full and <br />open competition as determined by the Department. <br />c. Exclusionary or Discriminatory Specifications. Apart from inconsistent <br />requirements 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 assistance awarded by the Department to <br />support a procurement using exclusionary or discriminatory specifications. <br />Project 07-US-056 Page 29 of 49 <br />Orange County <br />