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Page 9 of 20 <br /> Section 9. Purchase of Project Equipment. The purchase of project <br /> equipment pursuant to this Agreement shall be undertaken in. accordance with <br /> either of the options in this Section: <br /> (a) Purchase by the Department. The Department may act as the <br /> procurement agency on behalf of the Contractor, purchasing equipment through <br /> the North Carolina Department of Administration, Purchase and Contract <br /> Division. <br /> (b) Purchase by the Contractor. The Contractor, with the prior <br /> written approval of the Department, may purchase project equipment through a <br /> competitive bidding process. The Contractor shall conduct the bidding <br /> process in accordance with the provisions of North Carolina G.S. 143-129 and <br /> FTA Circular 4220. 1B, "Third Party Contracting Guidelines", 9040.1C, <br /> "Section 18 Circular," and any subsequent amendments and revisions thereto. <br /> The Contractor shall submit project equipment specifications and bid <br /> advertisements to the Department for review and approval prior to <br /> submissions to prospective bidders to assure that: <br /> (1) the Contractor has clearly and accurately described the technical <br /> requirements in the bid; <br /> (2) the Contractor has clearly set forth the requirements the bidder <br /> must fulfill ; <br /> (3) the bid provides for open and free competition; and <br /> (4) the Contractor has made positive efforts to utilize disadvantaged <br /> business enterprises. <br /> The Contractor shall submit to the Department a tabulation of all bids <br /> received certified by an authorized official of the Contractor, copies of <br /> correspondence pertaining to exceptions to the approved specifications, and <br /> a copy of the bid submitted by the low, responsive bidder recommended for <br />