Page:United States Statutes at Large Volume 119.djvu/1640

 119 STAT. 1622

Applicability.

PUBLIC LAW 109–59—AUG. 10, 2005

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. ‘‘(2) COOPERATION AMONG RECIPIENTS.—The Secretary shall allow at least two 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 2005 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, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2); and ‘‘(D) the contractor’s financial and technical resources.’’. (b) CONFORMING AMENDMENT.—Section 5326 and the item relating to section 5326 in the analysis for chapter 53 are repealed. SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—Section 5327(a) is amended— (1) in paragraph (11) by striking ‘‘and’’ at the end; (2) in paragraph (12) by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(13) safety and security management.’’. (b) LIMITATIONS.—Section 5327(c) is amended to read as follows: ‘‘(c) LIMITATIONS.— ‘‘(1) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—Of the amounts made available to carry out this chapter for a fiscal

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