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<br /> i. Department Technical Review. The Contractor agrees to permit the
<br /> Department to review and approve the technical specifications and requirements to the extent
<br /> the Department believes necessary to ensure proper Project administration. The Contractor
<br /> agrees to submit the following to the Department for its review and approval prior to solicitation:
<br /> (1) New/adapted specifications for equipment, supplies, apparatuses and
<br /> new-type rolling stock. This requirement does not apply to equipment, supplies, or apparatuses
<br /> with cost of less than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and
<br /> Standard Vans; and Light Transit Vehicles (Cutaway-type Bus).
<br /> (2) Drawings, designs, and/or description of work for construction, renovation,
<br /> or facility improvement projects, including the purchase or construction of bus shelters.
<br /> j. Department Pre-award Approval. The Contractor agrees to submit
<br /> procurement documents to the Department for its review and approval prior to award of a
<br /> contract/subcontract 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 (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$90,000.
<br /> k. Project Approval/Third Party Contract Approval. Except to the extent the
<br /> Department determines otherwise in writing, the Contractor agrees that the Department's award
<br /> of Federal and State assistance for the Project does not, by itself, constitute pre-approval of any
<br /> non-competitive third party contract associated with the Project.
<br /> I. Preference for Recycled Products. To the extent applicable, the Contractor
<br /> agrees to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for
<br /> Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002
<br /> of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with
<br /> subsequent Federal regulations that may be promulgated. Accordingly, the Contractor agrees
<br /> to provide a competitive preference for products and services that conserve natural resources,
<br /> protect the environment, and are energy efficient.
<br /> M. Clean Air and Clean Water. The Contractor agrees to include in each third
<br /> party contract and sub-agreement exceeding $100,000 adequate provisions to ensure that each
<br /> Project participant will agree to report the use of facilities placed on or likely to be placed on the
<br /> U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any
<br /> violating facilities, to report violations to the Department and the Regional U.S. EPA Office, and
<br /> to comply with the inspection and other applicable requirements of:
<br /> (1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7414, and
<br /> other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through
<br /> 7671q; and
<br /> (2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368,
<br /> and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251
<br /> through 1377.
<br /> n. National Intelligent Transportation Systems Architecture and Standards. To
<br /> the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation
<br /> Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. §
<br /> 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit
<br /> Revised 02/20/13
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