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, � <br /> A. An opinion of counsel,acceptable to the Department,that the Grantee is an eligibie participant in the Project, <br /> that the Grantee has complied fully with the pertinent requirements of state and federal law,its charter,bylaws <br /> and internal procedures in entering into this Agreement;that there is no pending litigation conceming the <br /> authority of the Grantee to enter into and carry out this Agreement,and that this Agreement is legally binding <br /> upon the Grantee; <br /> B. A certified copy of the resolution of its goveming board authorizing and approving execution of this <br /> Agreement;and <br /> C. An executed copy of the`IDOT&FTA Standard Certifications and Assurances for Grantees"which is <br /> attached as Exhibit C. <br /> ITEM 16-CONTRACTS OF THE GRANTEE <br /> The Grantee shall not execute any contract or obligate itself in any other manner with any third party with respect to <br /> the Project,without the prior written approval by an authorized representative of the Department,except where <br /> expressly provided otherwise in Department guidelines,or where specifically approved in writing by the Department. <br /> Each contract entered into by Grantee must be approved by the Department prior to the Grantee executing such <br /> contract,except as provided in Department guidelines. . " <br /> The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor comply with the � <br /> requirements of this Agreement in performing the contract,and the contract be subject to the terms and conditions of <br /> this Agreement. , <br /> ITEM 17-PROCUREMENT '� <br /> A. Contracts-All contracts for goods,property and services exceeding$10,000 must be approved by the <br />, Department prior to the Grantee executing or obligating itself to the subcontract,unless otherwise specifically <br /> agreed to by the Department in writing. Any such contract or subcontract approved by the Department shall <br /> contain all of the contract clauses pursuant to FTA Circular 4220.1 D and 49 CFR 18.36, 19.40-19.48,and <br /> shall comply with the requirements thereof. The Grantee shall follow state and federal law and procedures <br /> when awarding and administering contracts. The Grantee agrees to give full opportunity for free,open and <br /> competitive procurement for each contract as required by state and federal law. <br /> B. 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 exdusionary or discriminatory specifications and it <br /> will comply with 49 U.S.C.5323(h)(2). <br /> C. Award to Other Than the Lowest Bidder-In accordance with the Federal Transit Act,as amended,49 U.S.C. <br /> Section 5326(c),a Grantee may award a third party contract to other than the lowest bidder in connection with <br /> a procurement,only when such award furthers objectives that are consistent with the applicable regulations <br /> that FTA may issue. <br /> D. Force Account-FTA and the Department reserve the right to determine the extent of its participation in force <br /> account costs. <br /> E. Capital Leases-To the extent applicable,the Grentee agrees to comply with FTA regulations,'Capital <br /> Leases,"49 CFR PaR B39,and any revision thereto. � <br /> F. Buy Americe-Each third party contract(valued at more than a100,000 for Construction and Acquisition of <br /> Goods or Rolling Stock)utilizing FTA assistance must conform with 49 U.S.C.5323(j),and FTA regulations, <br /> State/Federal Capita!Grant pQBe 16 <br />