2021-023-E OCTS-Triangle J TDM services contract FY21

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DocuSign Envelope ID: 1970E54E-AE09-4466-994B-01CAF3868F32 e. Project Approval/Third Party Contract Approval. The Recipient agrees that TJCOG's award assistance for the Project does not, by itself, constitute pre-approval of any noncompetitive third party contract associated with the Project. f. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply with U.S. EPA regulations,"Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended,42 U.S.C. § 6962, and with subsequent Federal regulations that may be promulgated. Accordingly, the Recipient agrees to provide a competitive preference for products and services that conserve natural resources,protect the environment,and are energy efficient. g. Clean Air and Clean Water. The Recipient agrees to report the use of facilities placed on or likely to be placed on the U.S. Environmental Protection Agency(U.S. EPA) "List of Violating Facilities," to not use any violating facilities, to report violations to TJCOG and the Regional U.S. EPA Office,and to comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act,as amended,42 U.S.C.§7414,and other applicable provisions of the Clean Air Act,as amended,42 U.S.C.§§7401 through 7671q;and(2) Section 508 of the Clean Water Act,as amended,33 U.S.C.§1368,and other applicable requirements of the Clean Water Act,as amended,33 U.S.C.§§ 1251 through 1377. h. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable, the Recipient agrees to conform to the National Intelligent Transportation Systems (ITS)Architecture and Standards as required by SAFETEA-LU§ 5307(c), 23 U.S.C. § 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives. i. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer,i.e.,proposal. Either a fixed price or cost reimbursement type contract is awarded.This method of procurement is generally used when conditions are not appropriate for the use of sealed bids.The Recipient acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Recipient agrees that the RFP Method may not be used in lieu of an invitation for bids (I1713) for: (a) Construction/repair work; or (b) Purchase of apparatus, supplies, materials or equipment. See Subsection 11j(2), this Agreement, regarding information technology goods as services. (2) The Recipient agrees that the RFP method of solicitation may be used (in addition to or instead of any other procedure available under North Carolina law) for the procurement of information technology goods and services [as defined in N.C.G.S. 147-33.81(2)]. This applies to electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors,software,information processing,office systems,any services related to the foregoing,and consulting or other services for design or redesign of information technology supporting business processes. The Recipient will comply with the following minimum requirements [N.C.G.S. 143-129.8]: (a) Notice of the request for proposals shall be given in accordance with N.C.G.S. 143-129(b). (b) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals. (c) The Recipient may use procurement methods set forth in N.C.G.S. 143-135.9 in developing and evaluating requests for proposals. (d) The Recipient may negotiate with any proposer in order to obtain a final contract that best meets the needs of the Recipient. (e) Any negotiations shall not alter the contract beyond the scope of the original request for proposals in a manner that deprives the proposers or potential proposers of a fair opportunity to Page 10 of 18