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49 U.S.C. § 5325 — Contract requirements

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5325 — Contract requirements

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Source file: Laws/federal/codes/united-states-code/title-49/section-5325-contract-requirements--35d36ac897.md
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Source location: Title 49, Chapter 53, § 5325; chapter-053-public-transportation.md

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**(a) Competition.—** Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary. **(b) Architectural, Engineering, and Design Contracts.—** (1) **Procedures for awarding contract.—** — A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State adopted before August 10, 2005. (2) **Additional requirements.—** — When awarding a contract described in paragraph (1), recipients of assistance under this chapter shall comply with the following requirements: (A) *Performance of audits.—* — Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in part 31 of the Federal Acquisition Regulation, or any successor thereto. (B) *Indirect cost rates.—* — A recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute. (C) *Application of rates.—* — After a firm’s indirect cost rates are accepted under subparagraph (B), the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment, and shall not be limited by administrative or de facto ceilings. (D) *Prenotification; confidentiality of data.—* — A recipient requesting or using the cost and rate data described in subparagraph (C) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided by the group of agencies sharing cost data under this subparagraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. **(c) Efficient Procurement.—** A recipient may award a procurement contract under this chapter to other than the lowest bidder if the award furthers an objective consistent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs. **(d) Design-Build Projects.—** (1) **Term defined.—** — In this subsection, the term “design-build project”— (A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and (B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. (2) **Financial assistance for capital costs.—** — Federal financial assistance under this chapter may be provided for the capital costs of a design-build project after the recipient complies with Government requirements. **(e) Multiyear Rolling Stock.—** (1) **Contracts.—** — A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for— (A) not more than 5 years after the date of the original contract for bus procurements; and (B) not more than 7 years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock. (2) **Cooperation among recipients.—** — The Secretary shall allow recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements. **(f) Acquiring Rolling Stock.—** A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock— (1) based on— (A) initial capital costs; or (B) performance, standardization, life cycle costs, and other factors; or (2) with a party selected through a competitive procurement process. **(g) Examination of Records.—** Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter. **(h) Grant Prohibition.—** A grant awarded under this chapter or the Federal Public Transportation Act of 2015 may not be used to support a procurement that uses an exclusionary or discriminatory specification. **(i) Bus Dealer Requirements.—** No State law requiring buses to be purchased through in-State dealers shall apply to vehicles purchased with a grant under this chapter. **(j) Awards to Responsible Contractors.—** (1) **In general.—** — Federal financial assistance under this chapter may be provided for contracts only if a recipient awards such contracts to responsible contractors possessing the ability to successfully perform under the terms and conditions of a proposed procurement. (2) **Criteria.—** — Before making an award to a contractor under paragraph (1), a recipient shall consider— (A) the integrity of the contractor; (B) the contractor’s compliance with public policy; (C) the contractor’s past performance; and (D) the contractor’s financial and technical resources. **(k) Veterans Employment.—** Recipients and subrecipients of Federal financial assistance under this chapter shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in [section 2108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108&num=0&edition=prelim)) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5303 — Metropolitan transportation planning

**(a) Policy.—** It is in the national interest— (1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). **(b) Definitions.—** In this section and section 5304, the following definitions apply: (1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). (3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. (4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) **Regional transportation planning orga

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

For the purpose of this title— (1) “veteran” means an individual who— (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under section 2108a, who has been discharged or rel

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 541 — Supervision and direction

Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5101 — Purpose

The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5307 — Urbanized area formula grants

**(a) General Authority.—** (1) **Grants.—** — The Secretary may make grants under this section for— (A) capital projects; (B) planning; (C) job access and reverse commute projects; and (D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census. (2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census— (A) for public transportation systems that— (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or (ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or (B) subject to paragraph (3), for public transportation systems that— (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the ur

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5339 — Grants for buses and bus facilities

**(a) Formula Grants.—** (1) **Definitions.—** — In this subsection— (A) the term “low or no emission vehicle” has the meaning given that term in subsection (c)(1); (B) the term “State” means a State of the United States; and (C) the term “territory” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. (2) **General authority.—** — The Secretary may make grants under this subsection to assist eligible recipients described in paragraph (4)(A) in financing capital projects— (A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and (B) to construct bus-related facilities. (3) **Grant requirements.—** — The requirements of— (A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and (B) section 5311 shall apply to recipients of grants made in rural areas under this subsection. (4) **Eligible recipients.—** (A) *Recipients.—* — Eligible recipients under this subsection are— (i) designated recipients that allocate funds to fixed route bus operators; or (ii) State or local governmental entities that operate fixed route bus service. (B) *Subrecipients.—* — A recipient that receives a grant under this subsection may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation. (5) **Distribution of grant funds.—** — Funds allocated under section 5338(a)(2)(L) 11 See References in Text note below. shall be distributed as follows: (A) *National distribution.—* — $206,000,000 each fiscal year shall be allocated to all St

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5325 — Contract requirements

Page 326 TITLE 49—TRANSPORTATION § 5325 curity shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the memorandum of agreement required under paragraph (2). ‘‘(B) QUARTERLY BRIEFINGS.—Each quarter of the 1- year period beginning on the date on which the Sec- retary of Transportation and the Secretary of Home- land Security enter into the memorandum of agree- ment required under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Secu- rity shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of the memorandum of agreement.’’ § 5325. Contract requirements (a) COMPETITION.—Recipients of assistance under this chapter shall conduct all procure- ment transactions in a manner that provides full and open competition as determined by the Secretary. (b) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.— (1) PROCEDURES FOR AWARDING CONTRACT.—A contract or requirement for program manage- ment, architectural engineering, construction management, a feasibility study, and prelimi- nary engineering, design, architectural, engi- neering, surveying, mapping, or related serv- ices for a project for which Federal assistance is provided under this chapter shall be award- ed in the same way as a contract for architec- tural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State adopted before August 10, 2005. (2) ADDITIONAL REQUIREMENTS.—When award- ing a contract described in paragraph (1), re- cipients of assistance under this chapter shall comply

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