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America. Fly The Grantee understands and agrees that the Federal/State Government will not <br />participate in the costs of international air transportation of any individuals involved in or property <br />acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the <br />extent service by U.S.-flag air carriers is eVai|ab|e, in accordance with the requirements of the <br />International Air Transportation Fair Competitive Practices Act of 1974, as amended. 49 U.S.C. <br />G40118. and with U.G. G8/\ regulations, "Use of United States Flag Air Carriers," 41 C.F.R. <br />§§301-10.131 through 301-10.143. <br />Section 14. Procurement and Third Party Contracting. Tn the extent applicable, the Grantee agrees <br />to comply with the following third party procurement provisions: <br />a. Statutory and Regulatory Standards. The Grantee shall establish written procurement procedures <br />that comply with the required Federal and State standards as found on the Department's website: <br />. <br />The Bnanbam agrees to comply with the third party procurement requirements with 2 C.F.R. 200. <br />"Uniform Administrative Requinomonts, Cost Principles, and Audit Requirements for Federal <br />Awards" (replaces 4QC.F.R. 1O and 19. effective December 20.2O14\;49U.8.C. Chapter 53.as <br />amended by FAST Act; FTA's Master Agreement, FTA ; and other applicable Federal laws <br />in effect now nras subsequently enacted; and other applicable Federal regulations pertaining to <br />third party procurements and subsequent amendments thereto, tothe extent those regulations are <br />consistent with GAFETE4-LU provisions and N.C.B.O. 143 Article 8. The Grantee also egnaea to <br />comply with the provisions of FTA Circular 4220.1F, ''Third Party Contracting Guidanoa", as <br />amended, to the extent those provisions are consistentwith the FAST ACT, MAP-21, or SAFETEA- <br />LU provisionsnndvvithanyaubaequentornendnnentatherato'exoepttntheextontthe[)apmrtrnent <br />or the FTA determines otherwise in writing. Although the FTA "Best Practices Procurement <br />Manual" provides additional procurement guidance, the Grantee understands that this FTA manual <br />is focused on third party procurement processes and may omit certain Federal requirements <br />applicable to the third party contract work tobeperformed. <br />b. Full and Open Competition. |n accordance with 49U.8.C. §5325(a)' the Grantee agrees toconduct <br />all procurement transactions in a manner that provides full and open competition as determined by <br />the Department and FTA. <br />C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by <br />Fedara| |avva or regulations, the Grantee agrees to comply with the requirements of 49 U.G.C. § <br />5325(h) by not using any Federal assistance awarded by FTA to support m procurement using <br />exclusionary or discriminatory specifications. <br />d. Geographic Restrictions. In accordance with N.C.B.8. 143 Article 3O, the Grantee agrees that ii <br />will not use any State or local geographic preference, except State or local geographic preferences <br />expressly mandated or as permitted by FTA. However, for example, in procuring architectural, <br />engineering, or related smn/inws' the Grantee's geographic location may be a selection criterion, <br />provided that a sufficient number of qualified firms are eligible to compete. <br />e. . The Grantee agrees that in accordance with 49U,8,C. §5325(i)' <br />any State law requiring buses to be purchased through in-State dealers will not apply to purchases <br />of vehicles acquired with funding authorized under 49 U.G.C. Chapter 53. <br />[ NeutralitV in Labor Relations. To the extent permitted by law, the Grantee agrees to comply with <br />Executive Order No. 13502. "Use of Project Labor Agreements /PLA\ for Federal Construction <br />Projects", February 6, 2009. 74 Fed. Reg. 6985 etoeq. As o result, the Recipient is no longer <br />prohibited from requiring an affiliation with a labor organization, such as a project |aborogreennent, <br />as a condition for award of any third peUx contract or subcontract at any tier for construction or <br />construction management services, except to the extent that the Federal Government determines <br />otherwise in writing. <br />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. [>0T. or FTA |ovvs, regu|ations, directives, or determinations. <br />05/27/3015 Page l6of36 <br />