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g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal Supply
<br />Schedules to acquire federally assisted property or services except to the extent permitted by U.S.
<br />GSA, U.S. DOT, or FTA laws, regulations, directives, or determinations.
<br />h. Force Account. The Grantee agrees that FTA may determine the extent to which Federal
<br />assistance may be used to participate in force account costs.
<br />i. Department Technical Review. The Grantee agrees to permit the Department to review and
<br />approve the Grantee's technical specifications and requirements to the extent the Department
<br />believes necessary to ensure proper Project administration. The Grantee agrees to submit the
<br />following to the Department for its review and approval prior to solicitation:
<br />(1) New /adapted specifications for equipment, supplies, apparatuses and new -type rolling stock.
<br />This requirement does not apply to equipment, supplies, or apparatuses with cost of less
<br />than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard
<br />Vans; and Light Transit Vehicles (Cutaway -type Bus).
<br />(2) Drawings, designs, and /or description of work for construction, renovation, or facility
<br />improvement projects, including the purchase or construction of bus shelters.
<br />j. Department Pre -award Approval. The Grantee agrees to submit procurement documents, including
<br />the Procurement Checklist, to the Department for its review and approval prior to award of a
<br />contract/subcontract under this Agreement for any of the following:
<br />(1) All new -type rolling stock (excluding Minivans); Conversion and Lift Vans; Center Aisle Vans
<br />and Standard Vans; and Light Transit Vehicles (Cutaway -type Bus) not available on PTD
<br />State contracts.
<br />(2) All specifications, drawings, plans, and /or description of work required for all construction,
<br />renovation, facility improvement or related type projects;
<br />(3) All construction projects equal to or greater than $30,000;
<br />(4) Any "brand name" product or sole source purchase equal to or greater than $2,500;
<br />(5) Any contract/subcontract to other than apparent lowest bidder equal to or greater than
<br />$3,500; $2,000 if it is a construction related project
<br />(6) Any procurement equal to or greater than $90,000;
<br />(7) Any contract modification that would change the scope of a contract or increase the contract
<br />amount up to or over the formal (sealed) bid threshold of $90,000.
<br />(8) All local procurements over $3,500 using grant funds, federal and /or state must submit a
<br />Procurement Checklist with claim to be eligible for reimbursement
<br />k. Protect Approval/Third Party Contract Approval. Except to the extent the Department determines
<br />otherwise in writing, the Grantee agrees that the Department's award of Federal and State
<br />assistance for the Project does not, by itself, constitute pre - approval of any non - competitive third
<br />party contract associated with the Project.
<br />I. Preference for Recycled Products. To the extent applicable, the Grantee agrees to comply with
<br />U.S. EPA regulations, "Comprehensive Procurement Guidelines for Products Containing
<br />Recovered Materials'; 40 C.F.R. Part 247, which implements Section 6002 of the Resource
<br />Conservation and Recovery Act, as amended; 42 U.S.C. § 6962; and with subsequent Federal
<br />regulations that may be promulgated. Accordingly, the Grantee agrees to provide a competitive
<br />preference for products and services that conserve natural resources, protect the environment,
<br />and are energy efficient.
<br />M. Clean Air and Clean Water. The Grantee agrees to include in each third party contract and
<br />subagreement exceeding $100,000 adequate provisions to ensure that each Project participant
<br />will agree to report the use of facilities placed on or likely to be placed on the U.S. Environmental
<br />Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating facilities, to
<br />report violations to the Department and the Regional U.S. EPA Office, and to comply with the
<br />inspection and other applicable requirements of:
<br />(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other applicable
<br />provisions of the Clean Air Act, as amended, 42 U.S.C. § 7401 through 7671q; and
<br />(2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable
<br />requirements of the Clean Water Act, as amended, 33 U.S.C. § 1251 through 1377.
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