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3 <br /> ORANGE COUNTY <br /> NOR C-1R0I.I N <br /> APPLICABILITY AND GOVERNANCE <br /> These policies apply to all Orange Public Transportation (OPT) contracts and <br /> purchases, except as specifically excluded herein. OPT does not and will not <br /> enter into agreement or contract with any sub-recipients. Therefore, contracts or <br /> purchases of sub-recipients of OPT is not applicable. <br /> A. OPT's procurement actions are primarily governed by North Carolina General <br /> Statutes 143-129 and 143-131 and by Federal Transit Administration (FTA) <br /> Circular 4220.1F (C 4220.1F). In any procurement utilizing any amount of <br /> Federal funds, federal requirements will generally supersede State law. <br /> Where no Federal funds are involved, procurement actions will be governed <br /> by applicable State law. References to statutes or regulations herein shall be <br /> deemed to refer to any subsequent revisions or amendments which may be <br /> enacted from time to time. <br /> B. If no applicable State or Federal law or regulation exists regarding a particular <br /> aspect of procurement, then Federal contract law principles defined in the <br /> Federal Acquisition Regulations (FAR) may be applied. <br /> C. Where State law does not conform to a mandatory provision of Federal law, <br /> regulation or other requirements, including but not limited to C 4220.1F, OPT <br /> may comply with such Federal requirements, notwithstanding the provisions <br /> of State law, only upon the written determination of the OPT Transportation <br /> Administrator that acceptance of the grant or contract funds under the <br /> applicable conditions are in the public interest. <br /> D. OPT's procurement actions shall be carried out in conformance with the <br /> "Orange County Financial Services Purchasing Policy Manual" as much as <br /> practicable, except when the policies and procedures herein conflict with that <br /> document. In this case, the policies and procedures herein shall supersede <br /> those provided in the "Orange County Financial Services Purchasing Policy <br /> Manual." <br /> II. STANDARDS OF CONDUCT <br /> These Standards of Conduct govern the performance of OPT or Orange County <br /> employees who are engaged in or otherwise involved in the award or <br /> administration of a contract. <br /> 1 <br />