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The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and <br />USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract. As such, <br />the requirements of this Contract are to make affirmative efforts to solicit DBEs, provide <br />information on who submitted a Bid or quote and to report DBE participation. No preference <br />will be included in the evaluation of Bids/Proposals, no minimum level of DBE participation <br />shall be required as a Condition of Award and Bids/Proposals may not be rejected or <br />considered non-responsive on that basis. <br />4. ADA Access - The contractor shall comply with the requirements of FTA C 4710.1 as <br />applicable to this contract. Equal access and the opportunity should be given to individuals with <br />disabilities to fully participate in or benefit from the goods, services, facilities, privileges, <br />advantages, or accommodations. <br />5.Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions <br />include, in part, certain Standard Terms and Conditions required by DOT, whether or not <br />expressly set forth in the preceding contract provisions. All contractual provisions required by <br />DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to <br />the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in <br />the event of a conflict with other provisions contained in this Agreement. The Contractor shall <br />not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) <br />requests which would cause (name of grantee) to be in violation of the FTA terms and <br />conditions. <br />6.Buy America and Build America Buy America - Construction materials used in the Project <br />are subject to the domestic preference requirement of the Build America, Buy America Act, <br />Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office <br />of Management and Budget, the U.S. Department of Transportation, and FTA. This Contract <br />is subject to the Federal Transit Administration's (FTA's) Buy America requirements in 49 <br />C.F.R. Part 661 and 49 U.S.C. 5323(j). Compliance with FTA’s Buy America requirements <br />shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preferences for Procurements”. <br />7.DAVIS-BACON ACT and COPELAND ANTI – KICKBACK ACT – Construction Contracts <br />over $2000.00 are subject to the requirements of the Federal Transit Administration's (FTA's) <br />DAVIS - BACON ACT and COPELAND ANTI – KICKBACK ACT. The contractor, other <br />third-party contractors and subcontractors shall comply with the requirements of 40 U.S.C. <br />3141 et seq.and 29 C.F.R. § 5 as applicable. In addition, Public Works Projects must <br />comply with State and Federal laws as applicable. <br />8. Brooks Act: Grantees shall use competitive proposal procedures based on the Brooks Act <br />when contracting for A&E services and seeking federal reimbursement for the A&E services <br />as defined in 40 U.S.C. Chapter 11: Selection of Architects and Engineers Other types of <br />services considered A&E services include program management, construction management, <br />feasibility studies, preliminary engineering, design, surveying, mapping, and services that <br />require performance by a registered or licensed architect or engineer. The Brooks Act <br />requires that: <br />a)An offeror's qualifications be evaluated; <br />b)Price be excluded as an evaluation factor. <br />c)Negotiations be conducted with only the most qualified offeror; and <br />d)Failing agreement on price, negotiations with the next most qualified offeror be conducted <br />until a contract award can be made to the most qualified offeror whose price is fair and <br />reasonable to the grantee. <br />Everett Transit <br />PTD1163 <br />24 of 25