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'Interim Guidance for Implementing Key SAFETEA -LU Provisions on <br />Planning, Environment, and Air Quality for Joint FHWA/FTA <br />Authorities,' dated September 2, 2005, as amended by joint <br />FHWA/FTA guidance, "SAFETEA -LU Deadline for New Planning <br />Requirements (July 1, 2007)," dated May 2, 2006 [clarifying Guidance <br />on Implementation of SAFETEA -LU Planning Provisions], and <br />subsequent Federal directives implementing SAFETEA -LU, except to <br />the extent FTA determines otherwise in writing; <br />(3) Joint FHWA/FTA regulations, "Planning Assistance and <br />Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent <br />that those regulations are consistent with the SAFETEA -LU <br />amendments to public transportation planning and private enterprise <br />laws, and subsequent amendments to those regulations that may be <br />promulgated; and <br />(4) FTA regulations, "Major Capital Investment Projects," 49 C.F.R. <br />Part 611, to the extent that those regulations are consistent with the <br />SAFETEA -LU amendments to the public transportation planning and <br />private enterprise laws, and any subsequent amendments to those <br />regulations that may be subsequently promulgated. <br />b. Governmental and Private Nonprofit Providers of Nonernamencv <br />Transportation. In addition to providing opportunities to participate in planning as <br />described in Subsection 9a of this Agreement, to the extent feasible the Contractor <br />agrees to comply with the provisions of 49 U.S.C. § 5323(k), which afford <br />governmental agencies and nonprofit organizations that receive Federal assistance <br />for nonemergency transportation from Federal Government sources (other than <br />U.S. DOT) an opportunity to be included in the design, coordination, and planning <br />of transportation services. <br />C. Infrastructure Investment. During the implementation of the Project, the <br />Contractor agrees to take into consideration the recommendations of Executive <br />Order No. 12803, "Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive <br />Order No. 12893, 'Principles for Federal Infrastructure Investments," 31 U.S.C. <br />§ 501 note. <br />Section 10. Preference for United States Products and Services. To the extent <br />applicable, the Contractor agrees to comply with U.S. domestic preference requirements. <br />Section 11. Procurement. To the extent applicable, the Contractor agrees to comply with <br />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 <br />laws in effect now or as subsequently enacted; with U.S. DOT third party <br />procurement regulations of 49 C.F.R. §§ 18.36 and other applicable Federal <br />regulations pertaining to third party procurements and subsequent amendments <br />thereto, to the extent those regulations are consistent with SAFETEA -LU <br />provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. The <br />Contractor also agrees to comply with the provisions of FTA Circular 4220.1E, <br />"Third Party Contracting Requirements," to the extent those provisions are <br />consistent with SAFETEA -LU provisions and with any subsequent amendments <br />thereto, except to the extent the Department or the FTA determines otherwise in <br />writing. Although the FTA 'Best Practices Procurement Manual' provides <br />additional procurement guidance, the Contractor understands that the FTA "Best <br />Updated 04/15/16 16 <br />