Orange County NC Website
Browse       Search
i. <br />focused on third party procurement processes and may omit certain Federal requirements <br />applicable to the third party contract work to be performed. The Contractor shall establish <br />written procurement procedures that comply with the required Federal 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 />d. Geographic Restrictions. The Contractor agrees that it will not use any State <br />or local geographic preference, except State or local geographic preferences expressly <br />mandated or as permitted by the Department. 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. Neutrality in Labor Relations. To the extent permitted by law, the Contractor <br />agrees to comply with Executive Order No. 13202, "Preservation of Open Competition and <br />Government Neutrality Towards Government Contractors' Labor Relations on Federal and <br />Federally Funded Construction Projects," Executive Order No. 13202, as amended by Executive <br />Order No. 13208, 41 U.S.C. § 251 note, which among other things prohibits requirements for <br />affiliation with a labor organization as a condition for award of any third party contract or <br />subcontract for construction or construction management services, unless the Department <br />determines otherwise in writing. <br />f. Department Technical Review. The Contractor agrees to permit the <br />Department to review and approve the Contractor 's technical specifications and requirements <br />to the extent the Department believes necessary to ensure proper Project administration. The <br />07-SC-056 Page 30 of 59 <br />Orange County <br />