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State Fiscal Year 2014 Public Transportation Programs
<br /> Federal and State Assistance Certifications and Assurances
<br /> C. New Freedom Program.
<br /> The Applicant must select the Certification in Group 13.0 if it seeks funding for its New Freedom Project financed
<br /> with funds made available or appropriated for former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year.
<br /> In administering this program,MAP-21 cross-cutting requirements supersede inconsistent former requirements.
<br /> 1. The following Certification for the New Freedom Program is required by former 49 U.S.C. 5317 in effect in
<br /> FY 2012 or a previous fiscal year.Therefore,except as FTA determines otherwise in writing,the Applicant
<br /> certifies that:
<br /> a. It will make awards of New Freedom funding on a competitive basis after conducting:
<br /> (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for
<br /> applications for funding in compliance with former 49 U.S.C. 5317,or
<br /> (2) A statewide solicitation for applications for New Freedom funding in compliance with former 49
<br /> U.S.C.5317,
<br /> b. Any allocations to Subrecipients of New Freedom funding authorized by former 49 U.S.C. 5317 will be
<br /> distributed on a fair and equitable basis,
<br /> c. The Applicant will comply with the following Project selection and planning requirements:
<br /> (1) The projects the Applicant has selected or will select for funding made available or appropriated for
<br /> that program were derived from a public transit-human services transportation plan that has been:
<br /> (a) Locally developed,and
<br /> (b) Coordinated,
<br /> (2) That locally developed and coordinated plan was produced through a process that included:
<br /> (a) Representatives of public,private,and nonprofit transportation providers,
<br /> (b) Representatives of public,private,and nonprofit human services providers, and
<br /> (c) Participation by the public,
<br /> d. Before an Applicant transfers funds to a project funded by former 49 U.S.C. 5311(c),former 49 U.S.C.
<br /> 5336,or both:
<br /> (1) The funding to be transferred may be made available only to projects eligible for funding made
<br /> available or appropriated for former 49 U.S.C. 5317, and
<br /> (2) The Applicant will have consulted with responsible local officials and publicly owned operators of
<br /> public transportation in each area for which the amount to be transferred was originally awarded,
<br /> e. The Applicant may transfer funds to another Subrecipient only if it has consulted with responsible local
<br /> officials and publicly owned operators of public transportation in each area for which the amount
<br /> originally was awarded,as provided by former 49 U.S.C. 5317, and
<br /> f. The requirements of former 49 U.S.C. 5307,as determined by FTA,will apply to the New Freedom
<br /> Program,authorized by former 49 U.S.C. 5317,and
<br /> 2. The following Certification for the New Freedom Program is required by former 49 U.S.C. 5307(d)(1) in
<br /> effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that
<br /> apply instead. Therefore, except as FTA determines otherwise in writing,the Applicant certifies that:
<br /> a. It has or will have,and will require each Subrecipient to have,the:
<br /> (1) Legal capacity to carry out its proposed Projects,
<br /> (2) Financial capacity to carry out its proposed Projects,
<br /> (3) Technical capacity to carry out its proposed Projects,
<br /> (4) Necessary capacity to carry out the safety aspects of its proposed Projects,and
<br /> (5) Necessary capacity to carry out the security aspects of its proposed Projects,
<br /> b. The Applicant has or will have,and will require each Subrecipient to have,satisfactory continuing control
<br /> over the use of Project equipment and facilities,
<br /> c. The Applicant will maintain, and will require each Subrecipient to maintain, its Project equipment and
<br /> facilities adequately,
<br /> d. When carrying out a procurement under former 49 U.S.C, 5317 in effect in FY 2012 or a previous fiscal
<br /> year superseded by MAP-21 cross cutting requirements that apply,the Applicant will and will require
<br /> each Subrecipient to do the following:
<br /> (1) Use competitive procurement(as defined or approved by FTA), as required by 49 U.S.C. 5325(a),
<br /> (2) Not use exclusionary or discriminatory specifications in its procurements,as required by 49 U.S.C.
<br /> 5323(h),
<br /> (3) As provided by the MAP-21 cross-cutting requirement,"Buy America,"the Applicant will comply
<br /> with 49 U.S.C. 53230),as amended by MAP-21,
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