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Page 17 of 40 <br /> involved in or property acquired for the Project unless that air transportation is provided by <br /> U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance <br /> with the requirements of the International Air Transportation Fair Competitive Practices Act <br /> of 1974, as amended, 49 U.S.C. §40118, and with U.S. GSA regulations, "Use of United States <br /> Flag Air Carriers," 41 C.F.R. §§ 301-10.131 through 301-10.143. <br /> Section 16. Procurement. To the extent applicable, the Contractor agrees to comply <br /> with the following third party procurement provisions: <br /> a. Federal Standards. The Contractor agrees to comply with the third party <br /> procurement requirements of 49 U.S.C. chapter 53 and other applicable Federal laws in effect <br /> now or as subsequently enacted; with U.S. DOT third party procurement regulations of 49 <br /> C.F.R. §§ 19.40 through 19.48 and other applicable Federal regulations pertaining to third party <br /> procurements and subsequent amendments thereto, to the extent those regulations are <br /> consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina <br /> General Statutes. The Contractor also agrees to comply with the provisions of FTA Circular <br /> 4220.1 E, "Third Party Contracting Requirements," to the extent those provisions are consistent <br /> with SAFETEA-LU provisions and with any subsequent amendments thereto, except to the <br /> extent the Department or the FTA determines otherwise in writing. Although the FTA "Best <br /> Practices Procurement Manual" provides additional procurement guidance, the Contractor <br /> understands that the FTA "Best Practices Procurement Manual" is focused on third party <br /> procurement processes and may omit certain Federal requirements applicable to the third party <br /> contract work to be performed. The Contractor shall establish written procurement procedures <br /> that comply with the required Federal and State standards. <br /> b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the <br /> Contractor agrees to conduct all procurement transactions in a manner that provides full and <br /> open competition as determined by the Department and FTA. <br /> C. Exclusionary or Discriminatory Specifications. Apart from inconsistent <br /> requirements imposed by Federal laws or regulations, the Contractor agrees to comply with the <br /> requirements of 49 U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to <br /> support a procurement using exclusionary or discriminatory specifications. <br /> d. Geographic Restrictions. The Contractor agrees that it will not use any State <br /> or local geographic preference, except State or local geographic preferences expressly <br /> mandated or as permitted by FTA. However, for example, in procuring architectural, <br /> engineering, or related services, the Contractor's geographic location may be a selection <br /> criterion, provided that a sufficient number of qualified firms are eligible to compete. <br /> e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance <br /> with 49 U.S.C. § 5325(i), any State law requiring buses to be purchased through in-State <br /> dealers will not apply to purchases of vehicles acquired with funding authorized under 49 U.S.C. <br /> chapter 53. <br /> f. Neutrality in Labor Relations. To the extent permitted by law, the Contractor <br /> agrees to comply with Executive Order No. 13202, "Preservation of Open Competition and <br /> Government Neutrality Towards Government Contractors' Labor Relations on Federal and <br /> Federally Funded Construction Projects," Executive Order No. 13202, as amended by Executive <br /> Order No. 13208, 41 U.S.C. § 251 note, which among other things prohibits requirements for <br /> affiliation with a labor organization as a condition for award of any third party contract or <br /> subcontract for construction or construction management services, unless the Federal <br /> Government determines otherwise in writing. <br /> g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use <br /> Federal Supply Schedules to acquire federally assisted property or services except to the extent <br /> permitted by U.S. GSA, U.S. DOT, or FTA laws, regulations, directives, or determinations. <br /> h. Force Account. The Contractor agrees that FTA may determine the extent to <br /> which Federal assistance may be used to participate in force account costs. <br /> Revised 02/20/13 <br />