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Department believes necessary to ensure proper Project administration. The Contractor agrees to
<br /> submit the following to the Department for its review and approval prior to solicitation:
<br /> (1) New/adapted specifications for equipment, supplies, apparatuses and new-type
<br /> rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less
<br /> than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and
<br /> Light Transit Vehicles (Cutaway-type Bus).
<br /> (2) Drawings, designs, and/or description of work for construction, renovation, or
<br /> facility improvement projects, including the purchase or construction of bus shelters.
<br /> j. Department Pre-award Approval. The Contractor agrees to submit procurement
<br /> documents to the Department for its review and approval prior to award of a contract/ subcontract
<br /> under this Agreement for any of the following:
<br /> (1) All new-type rolling stock, excluding Minivans; Conversion and Lift
<br /> Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles
<br /> (Cutaway-type Bus).
<br /> (2) All construction projects equal to or greater than $30,000;
<br /> (3) Any "brand name" product or sole source purchase equal to or greater
<br /> than $2,500;
<br /> (4) Any contract/subcontract to other than apparent lowest bidder equal to
<br /> or greater than $2,500;
<br /> (5) Any procurement equal to or greater than $90,000;
<br /> (6) Any contract modification that would change the scope of a contract or
<br /> increase the contract amount up to or over the formal (sealed) bid threshold of
<br /> $90,000.
<br /> k. Project Approval/Third Party Contract Approval. Except to the extent the Department
<br /> determines otherwise in writing, the Contractor agrees that the Department's award of Federal and
<br /> State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third
<br /> party contract associated with the Project.
<br /> I. Preference for Recycled Products. To the extent applicable, the Contractor agrees
<br /> to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for Products Containing
<br /> Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource
<br /> Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal
<br /> regulations that may be promulgated. Accordingly, the Contractor agrees to provide a competitive
<br /> preference for products and services that conserve natural resources, protect the environment, and are
<br /> energy efficient.
<br /> M. Clean Air and Clean Water. The Contractor agrees to include in each third party
<br /> contract and subagreement exceeding $100,000 adequate provisions to ensure that each Project
<br /> participant will agree to report the use of facilities placed on or likely to be placed on the U.S.
<br /> Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating
<br /> facilities, to report violations to the Department and the Regional U.S. EPA Office, and to comply with
<br /> the inspection and other applicable requirements of:
<br /> (1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other
<br /> applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q; and
<br /> (2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other
<br /> applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377.
<br /> n. National Intelligent Transportation Systems Architecture and Standards. To the
<br /> extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems
<br /> (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and
<br /> comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455
<br /> et seq., January 8, 2001, and any subsequent further implementing directives, except to the extent FTA
<br /> or the Department determines otherwise in writing.
<br /> o. Rolling Stock. In acquiring rolling stock, the Contractor agrees as follows:
<br /> (1) Method of Acquisition. The Department's Public Transportation Division,
<br /> through the North Carolina Department of Administration, Purchase and Contract Division, awards
<br /> vehicle contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts
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