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1. Buy America. The COUNTY agrees to comply with 49 U,S.C. § 5323(j), with FTA
<br /> regulations, "Buy America Requirements," 49 C.F.R. Part 661, and any later
<br /> amendments thereto.
<br /> 2. Cargo Preference—Use of United States-Flag Vessels. The COUNTY agrees to
<br /> comply with 46 U.S.C. § 55305 and U.S. Maritime Administration regulations, "Cargo
<br /> Preference—U.S.-Flag Vessels," 46 C.F.R. Part 381, to the extent those regulations
<br /> apply to the Work.
<br /> 3. Fly America. The COUNTY understands and agrees that the Federal Government will
<br /> not participate in the costs of international air transportation of any persons involved in or
<br /> property acquired for the Work unless that air transportation is provided by U.S.-flag air
<br /> careers to the extent service by U.S.-flag air carriers is available, in accordance with the
<br /> International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49
<br /> U.S.C. § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers,"
<br /> 41 C.F.R. §§ 301-10.131 through 301-10.143.
<br /> E. Geographic Restrictions. The COUNTY agrees to not use any State or Local geographic
<br /> preference, except those expressly mandated or encouraged by federal statute or as permitted
<br /> by FTA.
<br /> F. Preference for Recycled Products. To the extent applicable, The COUNTY agrees to
<br /> comply with U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement
<br /> Guideline for Products Containing Recovered Materials", 40 C.F.R. Part 247, which implements
<br /> section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and
<br /> Recovery Act, as amended, 42 U.S.C. § 6962, Accordingly, the COUNTY agrees to provide a
<br /> competitive preference for products and services that conserve natural resources, protect the
<br /> environment, and are energy efficient, except to the extent that the Federal Government
<br /> determines otherwise in writing.
<br /> G. National Intelligent Transportation Systems Architecture and Standards. To the extent
<br /> applicable, the COUNTY agrees to conform to the National Intelligent Transportation Systems
<br /> (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C.§ 512 note,
<br /> and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit
<br /> Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives
<br /> FTA may issue at a later date, except to the extent FTA determines otherwise in writing.
<br /> H. Government Orders. In case any lawful government authority shall make any order with
<br /> respect to the Work or Project Equipment, or any part thereof, or the PARTIES hereto or either
<br /> PARTY, the COUNTY shall cooperate with the STATE in carrying out such order and will
<br /> arrange its operation and business so as to enable the STATE to comply with the terms of the
<br /> order.
<br /> Section 3
<br /> Incorporation of Federal Terms
<br /> A. Purchasing. This Task Order's provisions include, in part, certain Standard Terms and
<br /> Conditions required by FTA, whether or not expressly set forth herein. All contractual provisions
<br /> as set forth in FTA Circular 4220.1E are hereby incorporated by reference. All FTA mandated
<br /> terms shall be deemed to control in the event of a conflict with other provisions contained in this
<br /> Task Order. The COUNTY shall not perform any act, fail to perform any act, or refuse to
<br /> comply with any STATE request, which would cause the STATE to be in violation of any FTA
<br /> term or condition.
<br /> B. Federal .Changes. The COUNTY shall at all times comply with all applicable FTA
<br /> regulations, policies, procedures and directives, whether or not they are referenced in this Task
<br /> Order and agrees to comply with any amendments promulgated by the FTA, during the term of
<br /> this Task Order. The COUNTY'S failure to so comply shall constitute a material breach of this
<br /> Task Order.
<br /> GCA 6141 Exhibit A FTA Provisions Page 2 of 12
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