Page:United States Statutes at Large Volume 108 Part 2.djvu/109

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 825 (iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect. (B) If a hearing has not been conducted or the Secretary of Transportation decides that the record of the hearing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons. (C) A finding of the Secretary of Transportation under subpara- Public graph (A) of this paragraph shall be made a matter of public information, record. (c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES. —The Secretary of Transportation may not regulate the operation of a mass transportation system for which a grant is made under section 5309 of this title and, after a grant is made, may not regulate any charge for the system. However, the Secretary may require the local governmental authority, corporation, or association to comply with any undertaking provided by it related to its grant application. § 5325. Contract requirements (a) NONCOMPETITIV15 BIDDING.—^A capital project or improvement contract for which a grant or loan is made under this chapter, if the contract is not made through competitive bidding, shall provide that records related to the contract shall be made available to the Secretary of Transportation and the Comptroller General, or an officer or employee of the Secretary or Comptroller General, when conducting an audit and inspection. (b) ACQUIRING ROLLING STOCK.—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. (c) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.— 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. (d) MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CON- TRACTS. — ^A contract ibr program management, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which a grant or loan is made under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative Services Act of

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