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product or sole source purchase equal to or greater than $ 2 , 500 ; (2 ) Any
<br /> contract/subcontract to other than apparent lowest bidder equal to or greater than $ 2 , 500 ;
<br /> ( 3 ) Any procurement equal to or greater than $ 90 , 000 % (4) Any contract modification that
<br /> would change the scope of a contract or increase the contract amount up to or over the formal
<br /> (sealed) bid threshold of $ 90 , 000 .
<br /> e . Project Approval /Third Party Contract Approval . The Recipient agrees that TJCOG ' s award .
<br /> assistance for the Project does not, by itself, constitute .pre - approval of any noncompetitive
<br /> third party contract associated with the Project.
<br /> f. Preference for Recycled Products . To the extent applicable, the Recipient agrees to comply
<br /> with 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 Recipient agrees to provide a
<br /> competitive preference for products and services that conserve natural resources, protectthe
<br /> environment, and are energy efficient.
<br /> g. Clean Air and Clean Water. The Recipient agrees to report the use of facilities placed on or
<br /> likely to be placed on the U . S . Environmental Protection Agency (U . S . EPA) " List of Violating
<br /> Facilities , " to not use any violating facilities, to report violations to TJCOG and the Regional
<br /> U . S . EPA Office, and to comply with the inspection and other applicable requirements of. ( 1 )
<br /> Section 306 of the C1eanAirAct, as amended, 42 U . S . C . § 7414, and other applicable provisions
<br /> of the Clean Air Act, as amended, 42 U . S . C . § § 7401 through 7671q; and ( 2 ) Section 508 of the
<br /> Clean Water Act, as amended, 33 U . S . C . § 1368, and other applicable requirements of the Clean
<br /> Water Act, as amended, 33 U . S . C . § § 1251 through 1377 .
<br /> h . National Intelligent Transportation Systems Architecture and Standards . To the extent
<br /> applicable, the Recipient agrees to conform to the National Intelligent Transportation
<br /> Systems ( ITS ) Architecture and Standards as required by SAFETEA - LU § 5307 ( c) , 23 U . S . C . §
<br /> 512 note, and comply with FTA Notice, " FTA National ITS Architecture Policy on Transit
<br /> Projects " 66 Fed , Reg. 14SS et seq . , January 8 , 2001 , and any subsequent further
<br /> implementing directives .
<br /> i . Competitive Proposal / Request for Proposal ( RFP ) . The competitive proposal / request for
<br /> proposal ( RFP) method of procurement is normally conducted with more than one source
<br /> submitting an offer, i . e ., proposal . Either a fixed price or cost reimbursement type contract is
<br /> awarded . This method of procurement is generally used when conditions are not appropriate
<br /> for the use of sealed bids . The Recipient acknowledges that certain restrictions apply under
<br /> North Carolina law for use of the RFP method and these restrictions and exceptions are
<br /> discussed below. ( 1 ) The Recipient agrees that the RFP Method may not be used in lieu of an
<br /> invitation for bids ( IFB ) for : ( a) Construction /repair work; or (b ) Purchase of apparatus,
<br /> supplies , materials or equipment. See Subsection 11j ( 2 ) , this Agreement, regarding
<br /> information technology goods as services . ( 2 ) The Recipient agrees that the RFP method of
<br /> solicitation may be used (in addition to or instead of any other procedure available under
<br /> North Carolina law) for the procurement of information technology goods and services [as
<br /> defined in N . C . G. S . 147 - 33 . 81 ( 2 ) ] . This applies to electronic data processing goods and
<br /> services, telecommunications goods and services, security goods and services,
<br /> microprocessors, software, information processing, office systems , any services related to the
<br /> foregoing, and consulting or other services for design or redesign of information technology
<br /> supporting business processes . The Recipient will comply with the following minimum
<br /> requirements [ N . C . G . S . 143429 . 8 ] : ( a) Notice of the request for proposals shall be given in
<br /> accordance with N . C . G . S . 143429 (b ) . (b ) Contracts shall be awarded to the person or entity
<br /> that submits the best overall proposal as determined by the awarding authority. Factors to
<br /> be considered in awarding contracts shall be identified in the request for proposals . ( c) The
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