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Appendix F: FEDERAL AND STATE REQUIREMENTS AND SPECIAL CONDITIONS for OPERATIONS
<br />and MANAGEMENT CONTRACTS
<br />(42109 update)
<br />1. General
<br />The work performed under this contract will be financed, in part, by grants provided under programs of the
<br />Federal Transit Administration. Citations to federal law, regulation, and guidance references include, but
<br />are not limited to, the Master Agreement FTA MA (16), dated October 1, 2009; FTA Circular 4220.117,
<br />dated November 1, 2008; 'Best Practices Procurement Manual ", updated March 13, 1999 with revisions
<br />through October 2005; 49 CFR Part 18 (State and Local Governments) and 49 CFR Part 19 (Institutions
<br />of Higher Education, Hospitals, and Other Non - Profit Organizations) and any subsequent amendments or
<br />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
<br />directly 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 />3. Notification of Federal Participation
<br />To the extent required by Federal law, the State of North Carolina agrees that, in administering any
<br />Federal assistance Program or Project supported by the underlying Grant Agreement or Cooperative
<br />Agreement, any request for proposals, solicitation, grant application, form, notification, press release,
<br />or other publication involving the distribution of FTA assistance for the Program or the Project that it
<br />will identify the FTA grant source by listing the Catalog of Federal Domestic Assistance Number of the
<br />program. The following FTA grant programs will be eligible to participate in this bid, 20.505, 20.507,
<br />20.500, 20.513, 20.509, 20.516, and 20.521. Federal funding assistance up to eighty (80 %) percent
<br />may be provided.
<br />4. Conflict of Interest
<br />No employee, officer, board member, or agent of the Owner shall participate in the selection, award, or
<br />administration of a contract supported by Federal Transit Administration (FTA) funds if a conflict of
<br />interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer,
<br />board member, or agent, any member of his or her immediate family, his or her partner, or an
<br />organization that employs, or is about to employ any of the above, has a financial or other interest in
<br />the firm selected for award.
<br />5. Lobbying
<br />Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
<br />1995, PL 104 -65 (2 U.S.C. §1601,et seq.). Contractors who apply or bid for an award of $100,000 or
<br />more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier
<br />certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
<br />person or organization for influencing or attempting to influence an officer or employee of any agency,
<br />;kill
<br />Attachment - number 1
<br />F -5 Page 100
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