§ 5325. — Contract requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5325]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5325. Contract requirements
(a) Noncompetitive 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) Architectural, Engineering, and Design Contracts.--A contract or
requirement for 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 chapter 11 of title 40 or an equivalent qualifications-
based requirement of a State. 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. This subsection does
not apply to the extent a State has adopted or adopts by law a formal
procedure for procuring those services.
(c) Efficient Procurement.--A recipient may award a procurement
contract under this chapter to other than the lowest bidder when the
award furthers an objective consistent with the purposes of this
chapter, including improved long-term operating efficiency and lower
long-term costs.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104-
287, Sec. 5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105-178, title
III, Sec. 3022, June 9, 1998, 112 Stat. 363; Pub. L. 105-206, title IX,
Sec. 9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107-217,
Sec. 3(n)(2), Aug. 21, 2002, 116 Stat. 1302.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5325(a)............................... 49 App.:1608(b)(1). July 9, 1964, Pub. L. 88-365, Sec.
12(b)(1), 78 Stat. 306; Sept. 8, 1966,
Pub. L. 89-562, Sec. 2(a)(1), 80
Stat. 715; May 25, 1967, Pub. L. 90-
19, Sec. 20(a), 81 Stat. 25; Nov. 6,
1978, Pub. L. 95-599, Sec. 308(a)(1),
92 Stat. 2745.
5325(b)............................... 49 App.:1608(b)(2). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(b)(2); added Nov. 6,
1978, Pub. L. 95-599, Sec. 308(a)(2),
92 Stat. 2745; restated Jan. 6, 1983,
Pub. L. 97-424, Sec. 308, 96 Stat.
2151.
5325(c)............................... 49 App.:1608(b)(3). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(b)(3); added Apr. 2,
1987, Pub. L. 100-17, Sec. 315(a),
101 Stat. 232.
5325(d)............................... 49 App.:1608(b)(4). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(b)(4); added Apr. 2,
1987, Pub. L. 100-17, Sec. 316, 101
Stat. 232.
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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.
Amendments
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, Sec. 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, Sec. 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, Sec. 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, Sec. 3022(a)(2), redesignated subsec.
(d) as (b).
1996--Subsec. (d). Pub. L. 104-287 substituted ``Architectural,
Engineering, and Design Contracts'' for ``Management, Architectural, and
Engineering Contracts'' in heading.
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.
Section Referred to in Other Sections
This section is referred to in section 5334 of this title.
