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§ 40118, and with U.S, GSA regulations, "Use of United States Flag Ail, Carriers,"' 4.1 ,F RI
<br />§§
<br />301 - 10.131 through 001 - 10.140.
<br />Section 14, Procurement, To the extent applicable, the Contractor agrees to comply with the following
<br />third party procurement provisions:
<br />a. Federal Standards, The Contractor agrees to comply with the third party
<br />procurement req u ireme tits of 49 U,S.C. chapter 53 and other applicable Federal laws in effect now or
<br />as Subsequently enacted" with U.S. DOT third party procurement regulations of 49 C.F.R. §§ 18.36 and
<br />other applicable Federal regulations pertaining to third party procurements and subsequent
<br />amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions; and
<br />Article 8 of Chapter 143 of the North Carolina General Statutes. The Contractor also agrees to comply
<br />with the provisions of FTA Circular 4220.1 F, "Third Party Contracting Requirements,'" to the extent
<br />those provisions are consistent with SAFETEA-LU' provisions and with any Subsequent amendments
<br />thereto, except to the extent the Department or the FTA determines otherwise in writing. AlthOLIgh the
<br />FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Contractor
<br />understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement
<br />processes and may omit certain Federal requirements applicable to the third party contract work to be
<br />performed. The Contractor shall establish written procurement procedures that comply with the
<br />required Federal and State standards,
<br />b, Fulll and Open Competition, In accordance with 49 U.S.C. § 5325(a), the Contractor
<br />,agrees to conduct aNN procurement transactions in a manner that provides full and open competition as
<br />determined by the Department and FTA.
<br />C. Exclusionary or Discriminator Specifications. Apart from inconsistent requirements
<br />imposed by Federal laws or regulations, the Contractor agrees to comply with the requirements of 49
<br />U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using
<br />exclusionary or discriminatory specifications.
<br />d. Geographic Restrictions. The Contractor agrees that it will not use any State or local
<br />geographic preference, except State or local geographic preferences expressly mandated or as
<br />permitted by FTA. However, for example, in procuring architectural, engineering, or related services,
<br />the Contractor's geographic location may be a selection criterion, provided that a Sufficient number of
<br />qualified firms are eligible to compete.
<br />e. In-State, Bus Dealer Restrictions, The Contractor agrees that in accordance with 49
<br />U'.S.C. § 5325(i), any State law requiring buses to be purchased through in-State dealers will not apply
<br />to purchases of vehicles acquired with funding authorized under 49 U.S.C, chapter 53.
<br />f, Neutrality in.-Labor Relations. To the extent permitted by law, the Contractor agrees
<br />to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal'
<br />Construction Projects," February 6, 2009, 74 Fed. Reg. 6985 et seq. As a result, the Recipient is no
<br />longer prohibited from requiring an affiliation with a labor organization, such as a project labor
<br />agreement, as a condition for award of any third party contract or subcontract at any tier for
<br />construction or construction management services, except to the extent that the Federal Government
<br />determines otherwise in writing,
<br />g. Federal u r Iy Solneduules. State, local, or nonprofit Recipients may not Use Federal
<br />Supply Schedulies to acquire federally assisted property or services except to the extent permitted by
<br />U.S. GSA, U.S. DOT, or FTA laws, regulations, directives, or determinations,
<br />11. Force Account. The Contractor agrees that FTA may determine the extent to which
<br />Federal assistance may be used to participate in force account costs.
<br />N. Deggrtment Tech n icaLReview. The Contractor agrees to permit the Departrnent to
<br />review and approve the Contractor 's technical specifications and requirements to the extent the
<br />Department believes necessary to ensure proper Project administration. The Contractor agrees to
<br />submit the following to the Department for its review and approval prior to solicitation:
<br />(1) New specifications for equipment, supplies, apparatuses and new-type
<br />rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less
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