Historical and Revision Notes
Pub. L. 103–272
Source (U.S. Code)
Source (Statutes at Large)
July 9, 1964, Pub. L. 88–365, § 12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, § 308(a)(1), 92 Stat. 2745.
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, § 308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, § 308, 96 Stat. 2151.
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, § 315(a), 101 Stat. 232.
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, § 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 Public Transportation Act of 2015, referred to in subsec. (h), is title III of
[Pub. L. 114–94], Dec. 4, 2015, [129 Stat. 1446]. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
[Pub. L. 114–94, § 3030(e)(1)], struck out “at least two” after “allow”.
[Pub. L. 114–94, § 3030(e)(2)], substituted “Federal Public Transportation Act of 2015” for “Federal Public Transportation Act of 2012”.
[Pub. L. 112–141, § 20030(d)], substituted “the Federal Acquisition Regulation, or any successor thereto” for “title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation)”.
[Pub. L. 112–141, § 20018(1)], added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement 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.”
[Pub. L. 112–141, § 20018(2)], substituted “Federal Public Transportation Act of 2012” for “Federal Public Transportation Act of 2005”.
[Pub. L. 112–141, § 20018(3)], struck out “, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)” after “past performance”.
[Pub. L. 112–141, § 20018(4)], added subsec. (k).
[Pub. L. 110–244, § 201(k)(1)], inserted “adopted before August 10, 2005” before period at end.
Subsec. (b)(2), (3).
[Pub. L. 110–244, § 201(k)(2)], (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: “Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services.”
[Pub. L. 109–59] amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
[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.)”.
[Pub. L. 105–178, § 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, § 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.”
[Pub. L. 105–178, § 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.”
[Pub. L. 105–178, § 3022(a)(2)], redesignated subsec. (d) as (b).
[Pub. L. 104–287] substituted “Architectural, Engineering, and Design Contracts” for “Management, Architectural, and Engineering Contracts” in heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
[Pub. L. 114–94] effective Oct. 1, 2015, see [section 1003 of Pub. L. 114–94], set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
[Pub. L. 112–141] effective Oct. 1, 2012, see [section 3(a) of Pub. L. 112–141], set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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
[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.
[Pub. L. 114–94, div. A, title III, § 3019], Dec. 4, 2015, [129 Stat. 1488], provided that:
In this section, the term ‘grantee’ means a recipient or subrecipient of assistance under chapter 53 of title 49, United States Code.
Definitions; general rules.—
In this subsection—
the term ‘cooperative procurement contract’ means a contract—
entered into between a State government or eligible nonprofit entity and 1 or more vendors; and
under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;
the term ‘eligible nonprofit entity’ means—
a nonprofit cooperative purchasing organization that is not a grantee; or
a consortium of entities described in subclause (I);
the terms ‘lead nonprofit entity’ and ‘lead procurement agency’ mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;
the term ‘participant’ means a grantee that participates in a cooperative procurement contract; and
the term ‘participate’ means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.
Procurement not limited to intrastate participants.—
A grantee may participate in a cooperative procurement contract without regard to whether the grantee is located in the same State as the parties to the contract.
Participation by grantees in a cooperative procurement contract shall be voluntary.
The lead procurement agency or lead nonprofit entity for a cooperative procurement contract shall develop the terms of the contract.
A cooperative procurement contract—
subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;
may include not more than 3 optional extensions for terms of not more than 1 year each; and
may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).
A lead procurement agency or lead nonprofit entity, as applicable, that enters into a cooperative procurement contract—
may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and
with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.
State cooperative procurement schedules.—
A State government may enter into a cooperative procurement contract with 1 or more vendors if—
the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
the State government acts throughout the term of the contract as the lead procurement agency.
Applicability of policies and procedures.—
In procuring rolling stock and related equipment under a cooperative procurement contract under this subsection, a State government shall comply with the policies and procedures that apply to procurement by the State government when using non-Federal funds, to the extent that the policies and procedures are in conformance with applicable Federal law.
Pilot program for nonprofit cooperative procurements.—
The Secretary [of Transportation] shall establish and carry out a pilot program to demonstrate the effectiveness of cooperative procurement contracts administered by eligible nonprofit entities.
In carrying out the program under this paragraph, the Secretary shall designate not less than 3 eligible nonprofit entities to enter into a cooperative procurement contract under which the eligible nonprofit entity acts throughout the term of the contract as the lead nonprofit entity.
Notice of intent to participate.—
At a time determined appropriate by the lead nonprofit entity, each participant in a cooperative procurement contract under this paragraph shall submit to the lead nonprofit entity a nonbinding notice of intent to participate.
Joint procurement clearinghouse.—
The Secretary shall establish a clearinghouse for the purpose of allowing grantees to aggregate planned rolling stock purchases and identify joint procurement participants.
In establishing the clearinghouse under subparagraph (A), the Secretary may consult with nonprofit entities with expertise in public transportation or procurement, and other stakeholders as the Secretary determines appropriate.
Information on procurements.—
The clearinghouse may include information on bus size, engine type, floor type, and any other attributes necessary to identify joint procurement participants.
The clearinghouse shall only be accessible to the Federal Transit Administration, a nonprofit entity coordinating for such clearinghouse with the Secretary, and grantees.
No grantee shall be required to submit procurement information to the database.
Capital lease defined.—
In this subsection, the term ‘capital lease’ means any agreement under which a grantee acquires the right to use rolling stock or related equipment for a specified period of time, in exchange for a periodic payment.
A capital lease may require that the lessor provide maintenance of the rolling stock or related equipment covered by the lease.
Program to support innovative leasing arrangements.—
A grantee may use assistance provided under chapter 53 of title 49, United States Code, to enter into a capital lease if—
the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and
there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
A grantee that enters into a capital lease shall—
maintain an inventory of the rolling stock or related equipment acquired under the lease; and
maintain on the accounting records of the grantee the liability of the grantee under the lease.
Eligible lease costs.—
The costs for which a grantee may use assistance under chapter 53 of title 49, United States Code, with respect to a capital lease, include—
the cost of the rolling stock or related equipment;
associated financing costs, including interest, legal fees, and financial advisor fees;
ancillary costs such as delivery and installation charges; and
A grantee shall negotiate the terms of any lease agreement that the grantee enters into.
Applicability of procurement requirements.—
Part 639 of title 49, Code of Federal Regulations, or any successor regulation, and implementing guidance applicable to leasing shall not apply to a capital lease.
Capital leasing of certain zero emission vehicle components.—
In this paragraph—
the term ‘removable power source’—
means a power source that is separately installed in, and removable from, a zero emission vehicle; and
may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and
Leased power sources.—
Notwithstanding any other provision of law, for purposes of this subsection, the cost of a removable power source that is necessary for the operation of a zero emission vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease.
Eligible capital lease.—
A grantee may acquire a removable power source by itself through a capital lease.
For purposes of this section, a removable power source shall be subject to section 200.88 of title 2, Code of Federal Regulations.
Not later than 3 years after the date on which a grantee enters into a capital lease under this subsection, the grantee shall submit to the Secretary a report that contains—
an evaluation of the overall costs and benefits of leasing rolling stock; and
a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.
The Secretary shall make publicly available an annual report on this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under this subsection, and evaluation of the program including the evaluation of the data reported in paragraph (4).
The requirements of section 5323(j) of title 49
, United States Code, shall apply to all procurements under this section.”