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FEDERAL AND STATE REQUIREMENTS <br />AND SPECIAL CONDITIONS <br />for <br />OPERATIONS and MANAGEMENT CONTRACTS <br />General <br />The work performed under this contract will be financed, in part, by grants provided under <br />programs of the Federal Transit Administration. Citations to federal law, regulation, and <br />guidance references include, but are not limited to, the Master Agreement FTA MA (19), dated <br />October 1, 2012; FTA Circular 4220AF, dated November 1, 2008; "Best Practices Procurement <br />Manual ", updated March 13, 1999 with revisions through October 2005; 49 CFR Part 18 (State <br />and Local Governments) and 49 CFR Part 19 (Institutions of Higher Education, Hospitals, and <br />Other Non - Profit Organizations) and any subsequent amendments or revisions thereto. <br />THE FOLLOWING MAY BE USED SYNONYMOUSLY: <br />"BIDDER" AND "CONTRACTOR" <br />"PURCHASER ", "PROCURING AGENCY" AND "OWNER" <br />2. Federal Changes <br />Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) <br />regulations, policies, procedures and directives, including without limitation those listed directly <br />or by reference in the Master Agreement between Purchaser and FTA, as they may be <br />amended or promulgated from time to time during the term of this contract. Contractor's failure <br />to so comply shall constitute a material breach of this contract. <br />FTA's new authorizing legislation, MAP -21 made significant changes to FTA's public <br />transportation programs. <br />(1) MAP -21 requirements apply to: <br />a. New grants and cooperative agreements for which FTA awarded funds made available or <br />appropriated to carry out MAP -21 programs, and <br />b. Amendments to existing cooperative agreements for which FTA awarded funds made <br />available or appropriated to carry out MAP -21 programs, <br />(2) Fiscal Year 2012 and previous fiscal year funding requirements apply as follows: <br />a. In some instances, as determined by FTA, previous program requirements apply or will <br />apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a <br />previous fiscal year funds, but <br />b. In other instances, as determined by FTA, MAP -21 program requirements (including MAP - <br />21 "cross- cutting requirements" identified in section 43 of this Master Agreement) apply or will <br />apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a <br />previous fiscal year funds. <br />3. Notification of Federal Participation <br />To the extent required by Federal law, the State of North Carolina agrees that, in administering <br />any Federal assistance Program or Project supported by the underlying Grant Agreement or <br />Cooperative Agreement, any request for proposals, solicitation, grant application, form, <br />notification, press release, or other publication involving the distribution of FTA assistance for <br />the Program or the Project that it will identify the FTA grant source by listing the Catalog of <br />Federal Domestic Assistance Number of the program. The following FTA grant programs will <br />23 <br />Attachment number 1 <br />F -4 Page 68 <br />