(a)
(b)
(1)
(2)
(A)
(B)
(C)
(D)
(c)
(d)
(1)
(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)
(e)
(1)
(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)
(f)
(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)
(h)
(i)
(j)
(1)
(2)
(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)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5325(a) | 49 App.:1608(b)(1). | July 9, 1964, Pub. L. 88–365, §12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(a)(1), 92 Stat. 2745. |
| 5325(b) | 49 App.:1608(b)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, §308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, §308, 96 Stat. 2151. |
| 5325(c) | 49 App.:1608(b)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, §315(a), 101 Stat. 232. |
| 5325(d) | 49 App.:1608(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, §316, 101 Stat. 232. |
In subsection (a), the words "reconstruction", "in furtherance of the purposes", "by applicants", "procedures as defined by the Secretary", "of the contracting parties", and "the operations or activities under" are omitted as surplus. The words "shall be made available to" are substituted for "shall . . . have access to", and the words "an officer or employee of the Secretary or Comptroller General" are substituted for "any of their duly authorized representatives", for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 49 App.:1608(b)(2) for clarity. The text of 49 App.:1608(b)(2) (last sentence) is omitted as executed.
Pub. L. 104–287
This amends the catchline for 49:5325(d) to make a clarifying amendment.
References in Text
The Federal Public Transportation Act of 2015, referred to in subsec. (h), is title III of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
Amendments
2015—Subsec. (e)(2). Pub. L. 114–94, §3030(e)(1), struck out "at least two" after "allow".
Subsec. (h). Pub. L. 114–94, §3030(e)(2), substituted "Federal Public Transportation Act of 2015" for "Federal Public Transportation Act of 2012".
2012—Subsec. (b)(2)(A). Pub. L. 112–141, §20030(d), substituted "the Federal Acquisition Regulation, or any successor thereto" for "title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation)".
Subsec. (e)(1). Pub. L. 112–141, §20018(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "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 not more than 5 years after the date of the original contract."
Subsec. (h). Pub. L. 112–141, §20018(2), substituted "Federal Public Transportation Act of 2012" for "Federal Public Transportation Act of 2005".
Subsec. (j)(2)(C). Pub. L. 112–141, §20018(3), struck out ", including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)" after "past performance".
Subsec. (k). Pub. L. 112–141, §20018(4), added subsec. (k).
2008—Subsec. (b)(1). Pub. L. 110–244, §201(k)(1), inserted "adopted before August 10, 2005" before period at end.
Subsec. (b)(2), (3). Pub. L. 110–244, §201(k)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: "Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services."
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted "chapter 11 of title 40" for "title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".
1998—Subsec. (b). Pub. L. 105–178, §3022(b), as added by Pub. L. 105–206, inserted "or requirement" after "A contract" and "When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code." before "This subsection does not apply".
Pub. L. 105–178, §3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: "A recipient of financial assistance of the United States Government under this chapter may make 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."
Subsec. (c). Pub. L. 105–178, §3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a contract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary that—
"(1) the manufacturer or supplier is the only source for the item; and
"(2) the price of the item is no more than the price similar customers pay for the item."
Subsec. (d). Pub. L. 105–178, §3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted "
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Innovative Procurement
Pub. L. 114–94, div. A, title III, §3019, Dec. 4, 2015, 129 Stat. 1488, provided that:
"(a)
"(b)
"(1)
"(A)
"(i) the term 'cooperative procurement contract' means a contract—
"(I) entered into between a State government or eligible nonprofit entity and 1 or more vendors; and
"(II) under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;
"(ii) the term 'eligible nonprofit entity' means—
"(I) a nonprofit cooperative purchasing organization that is not a grantee; or
"(II) a consortium of entities described in subclause (I);
"(iii) the terms 'lead nonprofit entity' and 'lead procurement agency' mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;
"(iv) the term 'participant' means a grantee that participates in a cooperative procurement contract; and
"(v) the term 'participate' means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.
"(B)
"(i)
"(ii)
"(iii)
"(iv)
"(I) subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;
"(II) may include not more than 3 optional extensions for terms of not more than 1 year each; and
"(III) may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).
"(v)
"(I) may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and
"(II) with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.
"(2)
"(A)
"(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
"(ii) the State government acts throughout the term of the contract as the lead procurement agency.
"(B)
"(3)
"(A)
"(B)
"(C)
"(4)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(i) the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and
"(ii) there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
"(B)
"(i) maintain an inventory of the rolling stock or related equipment acquired under the lease; and
"(ii) maintain on the accounting records of the grantee the liability of the grantee under the lease.
"(C)
"(i) the cost of the rolling stock or related equipment;
"(ii) associated financing costs, including interest, legal fees, and financial advisor fees;
"(iii) ancillary costs such as delivery and installation charges; and
"(iv) maintenance costs.
"(D)
"(E)
"(i)
"(ii)
"(3)
"(A)
"(i) the term 'removable power source'—
"(I) means a power source that is separately installed in, and removable from, a zero emission vehicle; and
"(II) may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and
"(ii) the term 'zero emission vehicle' has the meaning given the term in section 5339(c) of title 49, United States Code.
"(B)
"(C)
"(D)
"(4)
"(A) an evaluation of the overall costs and benefits of leasing rolling stock; and
"(B) a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.
"(5)
"(d)
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