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n. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable,
<br />the Grantee agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture
<br />and Standards as required by SAFETEA -LU § 5307(c), 23 U.S.C. § 512 note, and comply with
<br />FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq.,
<br />January 8, 2001, and any subsequent further implementing directives, except to the extent FTA or
<br />the Department determines otherwise in writing.
<br />o. Rolling Stock. In acquiring rolling stock, the Grantee agrees as follows:
<br />(1) Method of Acquisition. The Department's Public Transportation Division, through the North
<br />Carolina Department of Administration, Purchase and Contract Division, awards vehicle
<br />contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts
<br />comply with FTA and State requirements. The Grantee will utilize these vehicle contracts to
<br />purchase public transit vehicles included in the Approved Budget for this Project. For public
<br />transit vehicles not included in these contracts, the Grantee shall conduct a competitive
<br />procurement process in accordance with this Agreement.
<br />(2) Multi -year Options. In accordance with 49 U.S.C. § 5325(e)(1), the Grantee may not enter
<br />into a multi -year contract with options, exceeding five (5) years after the date of the original
<br />contract, to purchase additional rolling stock and replacement parts.
<br />(3) Pre -Award and Post - Delivery Requirements. The Grantee agrees to comply with the
<br />requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre -Award and Post - Delivery
<br />Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated, any
<br />amendments to those regulations. The Grantee understands and agrees that to the extent
<br />the provisions of 49 U.S.C. § 5323(m), as amended by the FAST Act, MAP -21 or SAFETEA-
<br />LU conflict with FTA's implementing regulations, as currently promulgated, the provisions of
<br />49 U.S.C. § 5323(m), as amended, prevail.
<br />(4) Bus Testing. To the extent applicable, the Grantee agrees to comply with the requirements
<br />of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. Part 665, and any
<br />amendments to those regulations that may be promulgated.
<br />p. Bonding. For construction projects, the Grantee agrees to provide bid guarantee bond (5% of bid
<br />price) and performance and payment bonds (100% of contract price) and comply with any other
<br />construction bonding provisions as the Department may determine.
<br />q. Architectural, Engineering Design, or Related Services. For all architectural, engineering, design,
<br />or related services the Grantee shall use qualifications -based competitive proposal [Request for
<br />Qualifications (RFQ) in accordance with the Brooks Act] procedures. The Grantee shall follow
<br />applicable statutes, N.C.G.S. 143 - 64.31 -34, and requirements set forth in FTA Circular 4220.1 F as
<br />amended, to retain a qualified, registered architect or professional engineer:
<br />(1) The Grantee agrees to comply with qualifications -based competitive proposal procedures,
<br />which require:
<br />(a) An offeror's qualifications be evaluated;
<br />(b) Good faith effort to use minority -owned businesses;
<br />(c) Price be excluded as an evaluation factor;
<br />(d) Negotiations be conducted with only the most qualified offeror; and
<br />(e) Failing agreement on price, negotiations with the next most qualified offeror be
<br />conducted until a contract award can be made to the most qualified offeror whose
<br />price is fair and reasonable.
<br />(2) Geographic location may be a selection criterion in procurements for architectural and
<br />engineering (A &E) services provided its application leaves an appropriate number of
<br />qualified firms, given the nature and size of the project, to compete for the contract.
<br />(3) The Grantee acknowledges and agrees that qualifications -based competitive proposal
<br />procedures can only be used for procurement of the following services:
<br />(a) Program management;
<br />(b) Construction management;
<br />(c) Feasibility studies; and
<br />(d) Preliminary engineering, design, architectural, engineering, surveying, mapping, and
<br />related services.
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