
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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 title IX of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 541 et seq.) 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.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
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, S
ec.  20(a), 81 Stat. 25; Nov. 6,
                                                                          1978,
 Pub. L. 95-599, Sec.  308(a)(1),
                                                                          92 St
at. 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 St
at. 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 S
tat. 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.
-------------------------------------------------------------------------------
---------------------------------

    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 Property and Administrative Services Act of 1949, 
referred to in subsec. (b), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title IX of the Act is classified generally to subchapter VI 
(Sec. 541 et seq.) of chapter 10 of Title 40, Public Buildings, 
Property, and Works. For complete classification of this Act to the 
Code, see Short Title note set out under section 471 of Title 40 and 
Tables.


                               Amendments

    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.
