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(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 vehicles. <br />These vehicle contracts comply with FTA and State requirements. The Contractor will utilize <br />these vehicle contracts to purchase public transit vehicles included in the Approved Budget for <br />this Project. For public transit vehicles not included in these contracts, the Contractor shall <br />conduct a competitive procurement process in accordance with this Agreement. <br />(2) Multi-vear Options. In accordance with 49 U.S.C. § 5325(e)(1), the <br />Contractor may not enter into amulti-year contract with options, exceeding five (5) years after <br />the date of the original contract, to purchase additional rolling stock and replacement parts. <br />(3) Pre-Award and Post-Delivery Requirements. The Contractor agrees to <br />comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and <br />Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any amendments to <br />those regulations that may be promulgated. <br />(4) Bus Testing. To the extent applicable, the Contractor agrees to comply <br />with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. <br />Part 665, and any amendments to those regulations that may be promulgated. <br />m. Bonding. For construction projects, the Contractor agrees to provide bid <br />guarantee bond (5% of bid price) and performance and payment bonds (100% of contract price) <br />and comply with any other construction bonding provisions as the Department may determine. <br />n. Architectural. Enaineering, Design, or Related Services. For all architectural, <br />engineering, design, or related services the Contractor shall use qualifications-based <br />competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act] <br />procedures. The' Contractor shall follow applicable statutes, N.C.G.S. 143-64.31-34 and <br />requirements set forth in FTA Circular 4220.1 E, to retain a qualified, registered architect or <br />professional engineer. <br />07-SC-056 Page 33 of 59 <br />Orange County <br />