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Agenda - 02-05-2008-5a
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Agenda - 02-05-2008-5a
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Last modified
7/27/2009 10:37:34 AM
Creation date
8/28/2008 9:35:53 AM
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BOCC
Date
2/5/2008
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20080205
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-012a Community Transportation Program Resolution
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
S Grant - NC Community Transportation Program CTP Administrative & Capital Grant Application 2008-2009
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2008\2008 Grants
S Grant - NC Department of Transportation FY09-5311 CT Grant Program
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2008\2008 Grants
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with SAFETEA-LU provisions and with any subsequent. amendments thereto, except to the <br />extent the Department determines otherwise in writing. Although the FTA "Best Practices <br />Procurement Manual" provides additional procurement guidance, the Contractor understands <br />that the FTA "Best Practices Procurement Manual" is focused on third party procurement <br />processes and may omit certain Federal requirements applicable to the third party contract <br />work to be performed. The Contractor shall establish written procurement procedures that <br />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 alt procurement transactions in a manner that provides full and <br />open competition as determined by the Department. <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 assistance awarded by the Department <br />to support a procurement using exclusionary or discriminatory specifications. <br />d. Geographic Restrictions. The Contractor agrees that it will not use any <br />State or local geographic preference, except State or local geographic preferences expressly <br />mandated or as permitted by the Department. <br />e. 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) Any "brand name" product or sole source purchase equal to or greater <br />than $2,500; <br />(2) Any contract/subcontract to other than apparent lowest bidder equal to <br />or greater than $2,500; <br />(3) Any procurement equal to or greater than $90,000; <br />(4) 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 />f. Project Approval/Third Party Contract Approval. Except to the extent the <br />Department determines otherwise in writing, the Contractor agrees that the Department's <br />award of 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 />g. 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 <br />6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and <br />with subsequent Federal regulations that may be promulgated. Accordingly, the Contractor <br />agrees to provide a competitive preference for products and services that conserve natural <br />resources, protect the environment, and are energy efficient. <br />h. Clean Air and Clean Water. The Contractor agrees to include in each third <br />party contract and subagreement exceeding $100,000 adequate provisions to ensure that <br />each Project participant will agree to report the use of facilities placed on or likely to be placed <br />on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not <br />use any violating .facilities, to report violations to the Department and the Regional U.S. EPA <br />Office, and 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 />7671 q; 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 />NCDOT/PTD/FM <br />Revised 8!4/2008 Page 15 of 28 <br />
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