2017-225 OPT - Triangle J. Council of Governments - Grant Award Agreement

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b. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations, the Recipient agrees to comply with the requirements of 49 U.S.C.§5325(h)by not using any assistance awarded by TJCOG to support a procurement using exclusionary or discriminatory specifications. c. Geographic Restrictions.The Recipient agrees that it will not use any State or local geographic preference. d. Department Pre-award Approval.The Recipient agrees to submit procurement documents to TJCOG and the TDM Oversight Committee for its review and approval prior to award of a contract/subcontract under this Agreement for any of the following: (1) Any"brand name" product or sole source purchase equal to or greater than $2,500; (2) Any contract/subcontract to other than apparent lowest bidder equal to or greater than $2,500; (3) Any procurement equal to or greater than $90,000; (4) Any contract modification that would change the scope of a contract or increase the contract amount up to or over the formal (sealed)bid threshold of$90,000. e. Project Approval/Third Party Contract Approval. The Recipient agrees that TJCOG's award assistance for the Project does not, by itself, constitute pre-approval of any noncompetitive third party contract associated with the Project. f. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply with U.S. EPA regulations,"Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal regulations that may be promulgated. Accordingly, the Recipient agrees to provide a competitive preference for products and services that conserve natural resources,protect the environment,and are energy efficient. g. Clean Air and Clean Water. The Recipient agrees to report the use of facilities placed on or likely to be placed on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating facilities, to report violations to TJCOG and the Regional U.S. EPA Office, and to comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act,as amended,42 U.S.C.§7414,and other applicable provisions of the Clean Air Act,as amended,42 U.S.C.§§7401 through 7671q;and(2) Section 508 of the Clean Water Act,as amended,33 U.S.C.§1368,and other applicable requirements of the Clean Water Act,as amended,33 U.S.C.§§ 1251 through 1377. h. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable, the Recipient agrees to conform to the National Intelligent Transportation Systems (ITS)Architecture and Standards as required by SAFETEA-LU§ 5307(c), 23 U.S.C.§ 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives. i. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer,i.e.,proposal. Either a fixed price or cost reimbursement type contract is awarded.This method of procurement is generally used when conditions are not appropriate for the use of sealed bids.The Recipient acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Recipient agrees that the RFP Method may not be used in lieu of an invitation for bids (IFB) for: (a) Construction/repair work; or (b) Purchase of apparatus, supplies, materials or equipment. See Subsection 11j(2), this Agreement, regarding information technology goods as services. (2) The Recipient agrees that the RFP method of solicitation may be used (in addition to or instead of any other procedure available under North Carolina law) for the procurement of information technology goods and services [as Page 10 of 18