2017-574 OPT - FY2018 NCDOT application for Section 5339 Public Transportation Grant

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Cargo Preference -Use of United States -Flag Vessels. The Grantee agrees to comply with U.S. Maritime Administration regulations, "Cargo Preference- U.S. -Flag Vessels," 46 C.F.R. Part 381, to the extent those regulations apply to the Project. Fly America. The Grantee understands and agrees that the Federal /State Government will not participate in the costs of international air transportation of any individuals involved in or property acquired for the Project unless that air transportation is provided by U.S. -flag air carriers to the extent service by U.S. -flag air carriers is available, in accordance with the requirements of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers," 41 C.F.R. §§ 301 - 10.131 through 301 - 10.143. Section 14. Procurement and Third Party Contracting. To the extent applicable, the Grantee agrees to comply with the following third party procurement provisions: a. Statutory and Regulatory Standards. The Grantee shall establish written procurement procedures that comply with the required Federal and State standards as found on the Department's website: https:/ /connect nedot gov/ business / Transit/ Pages/Transit- Procurement.aspx. The Grantee agrees to comply with the third party procurement requirements with 2 C.F.R. 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (replaces 49 C.F.R. 18 and 19, effective December 26, 2014); 49 U.S.C. Chapter 53, as amended by FAST Act; FTA's Master Agreement, FTA MA(23); and other applicable Federal laws in effect now or as subsequently enacted; and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA -LU provisions and N.C.G.S. 143 Article 8. The Grantee also agrees to comply with the provisions of FTA Circular 4220.1 F, "Third Party Contracting Guidance "; as amended, to the extent those provisions are consistent with the FAST ACT, MAP -21, or SAFETEA- LU provisions and with any subsequent amendments thereto, except to the extent the Department or the FTA determines otherwise in writing. Although the FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Grantee understands that this FTA manual is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. b. Full and Open Competition. In accordance with 49 U.S.C. §5325(a), the Grantee agrees to conduct all procurement transactions in a manner that provides full and open competition as determined by the Department and FTA. C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations, the Grantee agrees to comply with the requirements of 49 U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using exclusionary or discriminatory specifications. d. Geographic Restrictions. In accordance with N.C.G.S. 143 Article 3D, the Grantee agrees that it will not use any State or local geographic preference, except State or local geographic preferences expressly mandated or as permitted by FTA. However, for example, in procuring architectural, engineering, or related services, the Grantee's geographic location may be a selection criterion, provided that a sufficient number of qualified firms are eligible to compete. e. In -State Bus Dealer Restrictions. The Grantee agrees that in accordance with 49 U.S.C. § 5325(i), any State law requiring buses to be purchased through in -State dealers will not apply to purchases of vehicles acquired with funding authorized under 49 U.S.C. Chapter 53. f. Neutrality in Labor Relations. To the extent permitted by law, the Grantee agrees to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal Construction Projects ", February 6, 2009, 74 Fed. Reg. 6985 et seq. As a result, the Recipient is no longer prohibited from requiring an affiliation with a labor organization, such as a project labor agreement, as a condition for award of any third party contract or subcontract at any tier for construction or construction management services, except to the extent that the Federal Government determines otherwise in writing. 05/27/2015 Page 16 of 36