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State Fiscal Year 2013 Public Transportation Programs <br />Federal and State Assistance Certifications and Assurances <br />(2) FederaUState loan, line of credit, loan guarantee, or loan insurance, and <br />3. It will include the language of this certification in the award documents for all subawards at all tiers including, <br />but not limited to: <br />a. Subcontracts, <br />b. Subgrants, <br />c. Subagreements, and <br />d. Third party contracts under a: <br />(1) FederaUState grant or cooperative agreement, or <br />(2) FederaUState loan, line of credit, loan guarantee, or loan insurance, and <br />4. It understands that: <br />a. This certification is a material representation of fact that the Federal/State Government relies on, and <br />b. It must submit this certification before the FederaUState Goverrunent may award funding for a transaction <br />covered by 31 U.S.C. 1352, including a: <br />(1) FederaUState grant or cooperative agreement, or <br />(2) FederaUState loan, line of credit, loan guarantee, or loan insurance, and <br />5. It also understands that any person who does not file a required certification will be subject to a civil penalty of <br />not less than $10,000 and not more than $100,000 for each such failure. <br />03. PROCUREMENT COMPLIANCE <br />In accordance with 49 CFR 18.36(~(3)(ii), each Applicant that is a State, local, or Indian tribal government that <br />submits an application to NCDOT for State or (FTA) Federal assistance to acquire property or services in support <br />of its project is requested to provide the following certification by selecting Category "03. " NCDOT also requests <br />other Applicants to provide the following certification. NCDOT may not provide State or Federal assistance to an <br />applicant for State or Federal assistance, property or services in support of its project until the Applicant provides <br />this cert~cation by selecting Category "03. " <br />The Applicant certifies that its procurements and procurement system will comply with all applicable FederaUState <br />laws and regulations in accordance with applicable FederaUState directives. <br />04. PROTECTIONS FOR PRIVATE TRANSPORTATION PROVIDERS <br />Each Applicant that submits an application to NCDOT for State or Federal assistance authorized under 49 U.S.C. <br />chapter 53 to acquire any property or an interest in the property of a private provider of public transportation or to <br />operate public transportation equipment or facilities in competition with, or in addition to, transportation service <br />provided by an existing private provider of public transportation is ~°egz~ired to provide the following certification. <br />NCDOT may not award State or Federal assistance for such a project until the Applicant provides this cert~cation <br />by selecting Category "04. " <br />As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that: <br />1. Before it: <br />a. Acquires the property or an interest in the property of a private provider of public transportation, or <br />b. Operates public transportation equipment or facilities: <br />(1) In competition with transportation service provided by an existing public transportation company, or <br />(2) In addition to transportation service provided by an existing public transportation company, <br />2. It has or will have: <br />a. Determined that the funding is essential to carrying out a program of projects as required by 49 U.S.C. <br />5303, 5304, and 5306, <br />b. Provided for the participation of private companies engaged in public transportation to the maximum <br />extent feasible, and <br />c. Paid just compensation under State or local law to the company for any franchise or property acquired. <br />