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FA, Agreement DOT -213 City of Santa Ana <br />642572 <br />Page 18 of 29 <br />EXHIBIT C <br />ments set forth in 49 U,S.C. Section 5325(a), applicable third -party procurement requirements of 49 <br />chapter 53 and other procurement requirements of Federal laws in effect now or as amended to the <br />applicable. The CONTRACTOR shall prepare a bid package, including equipment and material <br />cations or a scope of work. In accordance with applicable U.S. DOT third -party procurement <br />tions at 49 G.F.R. § 18.36 and the provisions of FTA Circular 422.0.1F, "Third -Party Contracting <br />ce," November 1, 2008, and any later revision thereto, the CONTRACTOR agrees that it may not <br />A as to support its procurements unless there is satisfactory compliance with Federal laws <br />gulations Including but not limited to the following: <br />state clearly that the final contract award to any bidder requires prior written approval by the <br />STATE and h <br />t at bids are consistent <br />with the PROJECT equipment description identified in Exhibit A, <br />Scope of Work. <br />B. To comply with applicable Federal laws and regulations including, but not limited to, Federal transit <br />j� laws at 49 U.S.C. Chapter 53, FTA regulations, and other Federal laws and regulations that contain <br />requirements applicable to FTA recipients and their FTA assisted procurements. Also, to include all <br />required Federal procurement provisions in each subcontract financed In whole or in part with Federal <br />assistance provided by FTA. <br />C. For all contracts and subcontracts financed with Federal assistance, to comply with cargo preference <br />requirements of 46 U.S,C. § 1241 and 46 CFR Part 381 when contracts involve equipment, materials, <br />or commodities which may be transported by ocean vessels. <br />D. To comply with the requirements of 49 U, &C. § 5323 (c) and FTA regulations, "Bus Testing 49 <br />E <br />C.F.R. Part 665, and any revision thereto. <br />E. To comply with the requirements of 49 U.S.G. § 5323(1) and FTA regulations, "Pre -Award and Post - <br />Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. <br />( <br />F. To comply with the requirements of 49 U.S.G. § 5325(b) to award a third -party contract using a <br />competitive procurement process. <br />G. In accordance with 49 G.S.C. § 5325(e)(1), In the procurement of rolling stock, may not enter Into a <br />multi -year contract to purchase additional rolling stock and replacement parts with options exceeding <br />five (5) years after the date of the original contract. <br />H. To comply with 49 U.S.C. § 5325(f), agrees that any third -party contract award it makes for rolling <br />stock will be based on Initial capital costs, or on performance, standardization, life cycle costs, and <br />other factors, or on a competitive procurement process. <br />I. To comply with the requirements of 49 U.S.C. Section 5323(m) and FTA regulations, "Pre- Award and <br />Post - Delivery Audits of Rolling Stock Purchases," 49 CFR Part 663, and any revision thereto. <br />J. To award a third -party contract using a competitive procurement process in compliance with the <br />requirements of 49 U.S.C. Section 5325, <br />d K. To comply with the requirements of 49 U.S.C, Section 5318(e) and FTA regulations, 'Bus Testing ", 49 <br />CFR Part 665, including the certification that before expending any Federal assistance to acquire the <br />first bus of any new bus model or any bus model with a new major change in configuration or <br />components or before authorizing final acceptance of that bus, that model of bus will have been tested <br />at the ALTOONA Bus Research and Testing Center. The CONTRACTOR must obtain the final testing <br />report and provide a copy of the report to the STATE. <br />Rev. 03!25 /2014 <br />20A -23 <br />