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48 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> b. Its records demonstrate that it has used reasonable diligence in seeking the most <br /> favorable financing terms underlying those costs, as FTA may require. <br /> 6. It agrees that it will adopt a transit asset management plan that complies with FTA <br /> regulations, "Transit Asset Management," 49 CFR part 625. <br /> CATEGORY 22. PAUL S. SARBANES TRANSIT IN PARKS PROGRAM <br /> Before FTA may provide federal assistance for an Award financed under the Paul S. Sarbanes <br /> Transit in Parks Program authorized under former 49 U.S.C. §5320, in effect in FY 2012 or a <br /> previous fiscal year, except as superseded by FAST Act requirements,you must select the <br /> Certifications in Category 22, except as FTA determines otherwise in writing. <br /> Any provision of the Certifications and Assurances in Category 22 that does not apply will not be <br /> enforced. <br /> 1. Except as superseded by the FAST Act cross-cutting requirements, the following <br /> Certifications and Assurances for the Paul S. Sarbanes Transit in Parks Program (Parks <br /> Program) are required by former 49 U.S.C. § 5320, in effect in FY 2012 or a previous fiscal <br /> year. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, <br /> you certify that: <br /> a. It will consult with the appropriate federal land management agency during the planning <br /> process, and <br /> b. The requirements of former 49 U.S.C. § 5307, as determined by FTA, will apply to the <br /> Parks Program authorized by former 49 U.S.C. § 5320. <br /> 2. FTA has determined certain requirements of former 49 U.S.C. § 5307 to be appropriate for <br /> the Parks Program, of which some require Certifications. Therefore, as specified under <br /> former 49 U.S.C. § 5307(d)(1), except as superseded by the FAST Act cross-cutting <br /> requirements that apply, you certify that your Applicant: <br /> a. Has or will have the legal, financial, and technical capacity to carry out its Award, <br /> including the safety and security aspects of that Award. <br /> b. Has or will have satisfactory continuing control over the use of equipment and facilities <br /> acquired or improved under its Award. <br /> c. Will maintain its equipment and facilities acquired or improved under its Award. <br /> d. When carrying out a procurement under former 49 U.S.C. § 5320, it will comply and will <br /> require each Subrecipient to comply with the following provisions: <br /> (1) Competitive procurement (as defined or approved by FTA)requirements of <br /> 49 U.S.C. § 5325(a), <br /> (2) The prohibition against exclusionary or discriminatory specifications in its <br /> procurements under 49 U.S.C. § 5323(h), <br /> (3) "Buy America" requirements under 49 U.S.C. § 5323(j), as amended by the FAST <br /> Act, and FTA regulations, "Buy America Requirements," 49 CFR part 661, <br /> (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. § 5323(m), <br /> (5) Applicable railcar option restrictions of 49 U.S.C. § 5325(e), and <br /> (6) "Veterans Preference/Employment" requirements under 49 U.S.C. § 5325(k). <br /> e. It will comply with other applicable requirements under 49 U.S.C. § 5323 and § 5325. <br /> 42 <br />