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and 49 CFR 18.36 or at 49 CFR 1940 through 1948 and other applicable federal regulations pertaining to <br /> third-party procurements and subsequent amendments thereto. The Grantee shall follow state and federal <br /> law and procedures (and local policies not inconsistent therewith)when awarding and administering <br /> contracts. The Grantee agrees to give full opportunity for free, open, and competitive procurement for each <br /> contract as required by state and federal law. No change or modification of the scope or cost shall be made <br /> to any such approved contract without prior Grantor approval in writing. <br /> 9. Exclusionary or Discriminatory Specifications: Apart from inconsistent requirements imposed by federal and <br /> state law, the Grantee agrees and shall require all of its contractors for the Project to agree that no federal or <br /> state funds shall be used to support procurement utilizing exclusionary or discriminatory specifications and it <br /> will comply with 49 USC 5323(h). <br /> 10. Award to Other Than the Lowest Bidder: In accordance with 49 USC 5325c, the Grantee may award a third- <br /> party contract to other than the lowest bidder in connection with a procurement, only when such award <br /> furthers an objective (such as an improved long-term operational efficiency and lower costs) consistent with <br /> the purposes of 49 USC Chapter 53, and any implementing regulations that FTA may issue. <br /> 11. The Grantee agrees to comply with applicable provisions of the Service Contract Act of 1965, as amended <br /> (41 USC 351, et seq.). <br /> 12. Award to Responsible Contractors: In compliance with 49 USC 53250), the Grantee agrees to award third- <br /> party contracts only to those contractors possessing the ability to successfully perform under the terms of the <br /> proposed procurement. Before awarding a third-party contract, the Grantee agrees to consider: <br /> a. The third-party contractor's integrity; <br /> b. The third-party contractor's compliance with public policy; <br /> c. The third-party contractor's past performance, including the performance reported in Contractor <br /> Performance Assessment Reports required by 49 USC 5309(1)(2), if any; and <br /> d. The third-party contractor's financial and technical resources. <br /> 13. Geographic restrictions: The Grantee and its contractors agree to refrain from using state or local <br /> geographic preferences, except those expressly mandated or encouraged by federal statute, and as <br /> permitted by the Grantor and FTA. <br /> 14. Third-Party Disputes or Breaches: The Grantee agrees to pursue all legal rights available to it in the <br /> enforcement or defense of any third-party contract, and FTA and the Grantor reserve the right to concur in <br /> any compromise or settlement of any third-party contract claim involving the Grantee. The Grantee will only <br /> notify the FTA and the Grantor of any current or prospective major dispute pertaining to any third-party <br /> contract. If the Grantee seeks to name the Government as a party to the litigation, the Grantee agrees to <br /> inform both the FTA and the Grantor before doing so. The Government retains a right to a proportionate <br /> share of any proceeds derived from any third-party recovery. Unless permitted by the Government, the <br /> Grantee will credit the Project Account with any liquidated damages recovered. Nothing herein is intended to <br /> nor shall it waive FTA's or the Grantor's immunity to suit. <br /> Printed 04/06/23 Page 12 of 12 <br />