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19 <br />State Fiscal Year 2013 Public Transportation Programs <br />Federal and State Assistance Certifications and Assurances <br />(5) Security aspects of its proposed projects, <br />b. As required by 49 U.S.C. 5307(d)(1)(B), NCDOT and each Subrecipient has or will have satisfactory <br />continuing control over the use of project equipment and facilities, <br />c. As required by 49 U.S.C. 5307(d)(1)(C), NCDOT and each Subrecipient will maintain the project <br />equipment and facilities adequately, <br />d. As required by 49 U.S.C. 5307(d)(1)(E), when carrying out a procurement under the Elderly Individuals <br />and Individuals with Disabilities Formula Grant Program authorized by 49 U.S.C. 5310, or the Elderly <br />Individuals and Individuals with Disabilities Pilot Program authorized by subsection 3012(b) of <br />SAFETEA-LU, 49 U.S.C. 5310 note, NCDOT and each Subrecipient will: <br />(1) Use competitive procurement (as defined or approved by FTA/NCDOT), <br />(2) Not use exclusionary or discriminatory specifications in its procurements, <br />(3) Comply with applicable Buy America laws, and <br />(4) Comply with the general provisions for FTA programs of 49 U.S.C. 5323, and <br />(5) Comply with the third party procurement requirements of 49 U.S.C. 5325, <br />e. As required by 49 U.S.C. 5307(d}(1)(G), NCDOT and each Subrecipient: <br />(1) Has or will have the amount of funds required for the local share, <br />(a) As required by 49 U.S.C. 5310(c), and <br />(b) Subsections 3012(b)(3) and (4) of SAFETEA-LU, if applicable, <br />(2) Will provide the local share funds from approved non-Federal sources except as permitted by Federal <br />law, and <br />(3) Will provide the local share funds when needed, and <br />f. As required by 49 U.S.C. 5307(d)(1)(H), NCDOT and each Subrecipient will comply with: <br />(1) The requirements of 49 U.S.C. 5301(a) for public transportation systems that: <br />(a) Maximize the safe, secure, and efficient mobility of people, <br />(b) Minimize environmental impacts, and <br />(c) Minimize transportation-related fuel consumption and reliance on foreign oil, <br />(2) The requirements of 49 U.S.C. 5301(d) for special efforts to: <br />(a) Design public transportation for elderly individuals and individuals with disabilities, and <br />(b) Provide public transportation for elderly individuals and individuals with disabilities, and <br />(3) The requirements of 49 U.S.C. 5303 - 5306 for: <br />(a) Metropolitan and State Planning, and <br />(b) Private enterprise participation. <br />16. NONURBANIZED AREA FORMULA PROGRAM FOR STATES <br />NCDOT requires each Applicant for Nonurbanized Area Formula Grant Program assistance authorized under 49 <br />U.S.C. 5311 and State Assistance to provide the following certifications. NCDOT may not award Federal assistance <br />for the Nonurbanized Area Formula Grant Program or State assistance until the Applicant provides these <br />certifications by selecting Category "16. " <br />(You) The Applicant itself is ultimately responsible for compliance with its cert~cations and assurances even <br />though a subrecipient, lessee, third parry contractor, or other participant may participate in that project, unless <br />FTA/NCDOT determines otherwise in writing. Consequently, NCDOT strongly encourages you to take the <br />appropriate measures including, but not limited to, obtaining su, fficient documentation from each subrecipient, to <br />assure the validity of all certifications and assurances you have made. <br />The following certifications and assurances apply to each State or State organization (NCDOT) serving as the <br />Applicant for funding under the Nonurbanized Area Formula Program authorized under 49 U.S.C. 5311. The <br />Applicant assures and requires each Subrecipient to assure that: <br />1. It has or will have the necessary legal, financial, and managerial capability to: <br />a. Apply, receive and disburse 49 U.S.C. 5311(c)(1) funding, and <br />b. Carry out each project, including the: <br />(1) Safety aspects of its proposed projects, and <br />(2) Security aspects of its proposed projects, <br />2. It has or will have satisfactory continuing control over the use of project equipment and facilities, <br />16 <br />