Page:United States Statutes at Large Volume 101 Part 1.djvu/262

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 232

PUBLIC LAW 100-17—APR. 2, 1987

.,.£-

SUSC app.

"(p) TERMINATION DATE INAPPUCABLE.—Section 14 of the

Federal Advisory Committee Act shall not apply to the council. "(8)

49 USC app. 1607c.

49 USC app. 1608.

ADMINISTRATION

THROUGH

OFFICE

OF SECRETARY,—

Administrative responsibility for carrying out this subsection shall be in the Office of the Secretary. "(9) ALLOCATION OF FUNDS.—The Secretary shall allocate funds made available to carry out this subsection equitably among the Federal regions. "(10) TECHNOLOGY TRANSFER SET-ASIDE.—Not less than 5 percent of the funds made available to carry out this subsection for any fiscal year shall be available to carry out technology transfer activities.". (b) CONFORMING AMENDMENT.—Section 11(a) of such Act is amended by inserting "GRANT PROGRAM.—" before "The Secretary". SEC. 315. SOLE SOURCE PROCUREMENTS. (a) GENERAL RULE.—Section 12(b) of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new paragraph: "(3) SOLE SOURCE PROCUREMENT CONTRACTS.—Any recipient of

49 USC app. 4^^^^' 997 Ante, p. 227.

a grant under section 9 of this Act who is procuring an associ^^®d capital maintenance item under section 9(j) of this Act may, without receiving prior approval of the Secretary, contract directly with the original manufacturer or supplier of the item to be replaced if such recipient first certifies in writing to the Secretary— "(A) that such manufacturer or supplier is the only .v4>i source for such item; and "(B) that the price of such item is no higher than the price paid for such item by like customers.". (b)

CONFORMING

AMENDMENTS.—Such

section

is

further

Supra.

amended— (1) by inserting "CONTRACT REQUIREMENTS.—" before "(1) All frrv,, contracts"; (2) by inserting "NONCOMPETITIVE BID CONTRACTS.—" before „^j "All contracts"; .,-... (3) by inserting "ROLUNG STOCK ACQUISITION CONTRACTS.—" .^j",' before In lieu of^; and (4) by indenting paragraph (1) and aligning paragraphs (1) and (2) with paragraph (3), as added by subsection (a) of this section. SEC. 316. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES. Section 12(b) of the Urban Meiss Transportation Act of 1964 is amended by adding at the end thereof the following new paragraph:

Grants.

"(4) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—

^^^^-

Each contract for program management, construction manage,, ment, feasibility studies, preliminary engineering, design, ar chitectural, engineering, surveying, mapping or related services with respect to a project for which a loan or grant is made under this Act shall be awarded in the same manner as a .vfff, H I.3 ')8U;. contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative 40 USC 471 note. Services Act of 1949 or equivalent State qualifications-based requirement. This paragraph shall apply except to the extent '701 any State adopts or has adopted by statute a formal procedure for the procurement of such services.".,: .-