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Standard Agreement DOT -213 City of Santa Ana
<br />642572
<br />EXHIBIT C Page 19 of 29
<br />L. To require each bidder to certify that it has complied with 49 CFR 26, which requires each transit
<br />vehicle manufacturer to establish annual goals for the participation of disadvantaged business
<br />enterprise and to submit those goals to FTA for approval.
<br />M. To comply with 49 U.S.C. Section 5323(j), FTA's Buy America regulations at 49 CFR Part 661 and any
<br />amendments thereto, and any implementing guidance issued by FTA, with respect to each third -party
<br />contract.
<br />N, To meet applicable regulations of 49 CFR Part 663 in the purchase of revenue rolling stock.
<br />0. In subcontracts exceeding $100,000, to comply with all applicable standards, orders, or regulations
<br />issued pursuant to the Clean Air Act, as amended, 42 U,S.C, Section 7401 et. seq. and Clean Water
<br />Act, as amended, 33 U.S.C. Section 1251 et. seq. Agrees to report and require each third -party
<br />contractor or subcontractor at any tier to report any violation of these requirements resulting from any
<br />PROJECT implementation activity of a third -party contractor, subcontractor, or itself to FTA and the
<br />appropriate U.S. EPA Regional Office.
<br />P. To comply with U.S. Environmental Protection Agency (U.S, EPA), "Comprehensive Procurement
<br />Guideline for Products Containing Recovered Materials," 40 G.F.R. Part 247, which implements
<br />section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962.
<br />Accordingly, the CONTRACTOR agrees to provide a competitive preference for products and services
<br />that conserve natural resources, protect the environment, and are energy efficient, except to the extent
<br />that the Federal Government determines otherwise in writing.
<br />Q. To comply with mandatory standards and policies relating to energy efficiency, which are contained in
<br />the state energy conservation, plan issued in compliance with the Energy Policy and Conservation Act.
<br />R. To the extent applicable, agrees to conform to the National Intelligent Transportation Systems (ITS)
<br />Architecture and Standards as required by SAFETEA -t-U § 5307(c), 23 U.S.C. § 512 note, and follow
<br />the provisions of FTA Notice, "FTA National ITS Architecture Polley on Transit PROJECTS," 66 Fed.
<br />Reg. 1455 at seq., January 8, 2001; and any other implementing directives FTA may Issue at a later
<br />date, except to the extent FTA determines otherwise in writing.
<br />S. In accordance with 40 CFR Part 85, "Control of Air Pollution from Mobile Sources," 40 CFR Part 86,
<br />"Control of Air Pollution from New and In -Use Motor Vehicles and New and In-Use Motor Vehicle
<br />Engines," and 40 CFR Part 600, "Fuel Economy of Motor Vehicles, the CONTRACTOR must include
<br />provisions in all third -party contract for procurement of roiling stock to ensure compliance with
<br />applicable Federal air pollution control and fuel economy regulations.
<br />1'. CONTRACTOR shall refer to FTA "Best Practices Procurement Manual" for additional procurement
<br />guidance on procurement processes and any omissions applicable to the PROJECT. The
<br />CONTRACTOR'S failure to comply with all mandates shall constitute a material breach of this
<br />Agreement.
<br />U. CONTRACTOR must comply with applicable cost principles circulars, current in Title 2 of the Code of
<br />Federal Regulations, in determining whether project costs are allowable or unallowable. Title 2 CFR
<br />Part 225, previously OMB Circular A -87, establishes principles and standards for determining costs
<br />applicable to grants, contracts, and other agreements with State and local governments and federally
<br />recognized Indian tribal governments. 2 CFR Part 230 previously OMB Circular A -122, establishes
<br />cost principles for nonprofits. Where applicable, CONTRACTOR must comply with cost principles of
<br />FAR 31.2.
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<br />20A -24
<br />Rev. 03/25/2014
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