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

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C.F.R.Part 18 at http//www access gpo gov/nara/cfr/cfr-table-search.html#panel; (2)Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter 513 at http://reports.oah.state.nc.usIncac.asp. f. Application of Federal, State, and Local Laws, Regulations, and Directives. To achieve compliance with changing federal requirements,the Recipient makes note that federal,state and local requirements may change and the changed requirements will apply to this Agreement as required. g. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the Recipient agrees to conduct all procurement transactions in a manner that provides full and open competition. h. Recipient's Responsibility to Extend Federal and State Requirements to Other Entities. a. Entities Affected. Only entities that are signatories to this Agreement for the Project are parties to this agreement. To achieve compliance with certain Federal and State laws, regulations, or directives, however, other Project participants, such as subrecipients and third party contractors, will necessarily be involved.Accordingly, the Recipient agrees to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws, regulations, and directives affecting their performance b. Documents Affected. The applicability provisions of Federal and State laws, regulations, and directives determine the extent to which their provisions affect a Project participant. Thus, the Recipient agrees to include adequate provisions to ensure that each Project participant complies with those Federal and State laws, regulations, and directives. In addition,the Recipient also agrees to require its third party contractors and subrecipients to include adequate provisions to ensure compliance with applicable Federal and State laws,regulations,and directives in each lower tier subcontract and subagreement for the Project. Additional requirements include the following: (a)Third Party Contracts.Because Project activities performed by a third party contractor must comply with all applicable Federal and State laws, regulations, and directives, the Recipient agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal and State laws,regulations,and directives,including any provisions directing the third party contractor to extend applicable requirements to its subcontractors at the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Recipient, the Recipient agrees to include in that third party contract those requirements applicable to the Recipient imposed by the Grant Agreement for the Project.Additional guidance pertaining to third party contracting is contained in the FTA's "Best Practices Procurement Manual." (b) Subagreements. Because Project activities performed by a subcontractor/ subrecipient must comply with all applicable Federal and State laws,regulations,and directives,the Recipient agrees as follows: i. Written Subagreement. The Recipient agrees to enter into a written agreement with each subrecipient (subagreement) stating the terms and conditions of assistance by which the Project will be undertaken and completed. ii. Compliance with Federal Requirements. The Recipient agrees to implement the Project in a manner that will not compromise the Recipient's compliance with Federal and State laws, regulations, and directives applicable to the Project and the Recipient's obligations under this Agreement for the Project. Therefore,the Recipient agrees to include in each subagreement appropriate clauses directing the subrecipient to comply with those requirements Page 2 of 18