|
e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance with 49
<br /> U.S.C. § 5325(i), any State law requiring buses to be purchased through in-State dealers will not apply
<br /> to purchases of vehicles acquired with funding authorized under 49 U.S.C. chapter 53.
<br /> f. Neutrality in Labor Relations. To the extent permitted by law, the Contractor agrees
<br /> to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal
<br /> Construction Projects," February 6, 2009, 74 Fed. Reg. 6985 et seq. As a result, the Recipient is no
<br /> longer prohibited from requiring an affiliation with a labor organization, such as a project labor
<br /> agreement, as a condition for award of any third party contract or subcontract at any tier for
<br /> construction or construction management services, except to the extent that the Federal Government
<br /> determines otherwise in writing.
<br /> g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal
<br /> Supply Schedules to acquire federally assisted property or services except to the extent permitted by
<br /> 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 which
<br /> Federal assistance may be used to participate in force account costs.
<br /> i. Department Technical Review. The Contractor agrees to permit the Department to
<br /> review and approve the Contractor 's technical specifications and requirements to the extent the
<br /> Department believes necessary to ensure proper Project administration. The Contractor agrees to
<br /> submit the following to the Department for its review and approval prior to solicitation:
<br /> (1) New/adapted specifications for equipment, supplies, apparatuses and new-type
<br /> rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less
<br /> than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and
<br /> Light Transit Vehicles (Cutaway-type Bus).
<br /> (2) Drawings, designs, and/or description of work for construction, renovation, or
<br /> facility improvement projects, including the purchase or construction of bus shelters.
<br /> j. Department Pre-award Approval. The Contractor agrees to submit procurement
<br /> documents to the Department for its review and approval prior to award of a contract/ subcontract
<br /> 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
<br /> (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
<br /> $90,000.
<br /> k. Project Approval/Third Party Contract Approval. Except to the extent the Department
<br /> determines otherwise in writing, the Contractor agrees that the Department's award of Federal and
<br /> State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third
<br /> party contract associated with the Project.
<br /> I. Preference for Recycled Products. To the extent applicable, the Contractor agrees
<br /> to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for Products Containing
<br /> Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource
<br /> Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal
<br /> regulations that may be promulgated. Accordingly, the Contractor agrees to provide a competitive
<br /> preference for products and services that conserve natural resources, protect the environment, and are
<br /> energy efficient.
<br /> M. Clean Air and Clean Water. The Contractor agrees to include in each third party
<br /> contract and subagreement exceeding $100,000 adequate provisions to ensure that each Project
<br /> participant will agree to report the use of facilities placed on or likely to be placed on the U.S.
<br /> 05/27/2015 Page 15 of 35
<br />
|