Standard Bus Procurement Guidelines - APTAStandards.com

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Standard Bus Procurement Guidelines recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. 2.8.9.3 REMEDY Failure of the Contractor to comply with this section or to include it in any subcontract of any tier will constitute a breach of Contract and, after notification of DOT, may result in termination of the Contract by the Procuring Agency or such remedy as the Procuring Agency deems appropriate. 2.8.10 PATENT INFRINGEMENT The Procuring Agency shall advise the Contractor of any impending patent suit related to this Contract against the Procuring Agency and provide all information available. The Contractor shall defend any suit or proceeding brought against the Procuring Agency based on a claim that any equipment, or any part thereof, furnished under this Contract constitutes an infringement of any patent, and the Contractor shall pay all damages and costs awarded therein, excluding incidental and consequential damages, against the Procuring Agency. In case said equipment, or any part thereof, is in such suit held to constitute infringement and use of said equipment or parts is enjoined, the Contractor shall, at its own expense and at its option, either procure for the Procuring Agency the right to continue using said equipment or part, or replace same with noninfringing equipment, or modify it so it becomes noninfringing. Contractor's obligations under this section are discharged and Procuring Agency shall hold Contractor harmless with respect to the equipment or part if it was specified by the Procuring Agency and all requests for substitutes were rejected, and the Contractor advised the Procuring Agency under "Offeror Communications and Requests" (Section 1.1.2.2) of a potential infringement, in which case the Contractor shall be held harmless. 2.8.11 PROPRIETARY RIGHTS / RIGHTS IN DATA The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to Contract administration. The Procuring Agency reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the following subject data for its purposes: General Contractual Provisions 86 10/18/07
Standard Bus Procurement Guidelines 1. Any subject data required to be developed and first produced in the performance of the Contract and specifically paid for as such under the Contract, whether or not a copyright has been obtained; and 2. Any rights of copyright to which the Contractor, subcontractor or supplier purchases ownership for the purpose of performance of the Contract and specifically paid for as such under the Contract. The Contractor agrees to include the requirements of this clause, modified as necessary to identify the affected parties, in each subcontract and supply order placed under the Contract. 2.8.12 INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. (41 U.S.C. § 22.) 2.8.13 PROHIBITED INTEREST No member, officer, or employee of the Procuring Agency or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 2.9 POLICIES FOR SELECTED CONTRACTS Contractor shall comply with the subsections of this Section 2.9 and to include these requirements, except "Contract Work Hours and Safety Standards Act" (Section 2.9.1), in all subcontracts exceeding $100,000 in value of every tier. Contractor will include "Contract Work Hours and Safety Standards Act" (Section 2.9.1) in all subcontracts exceeding $2,500 in value not including subcontracts for the purchase of supplies or materials or articles ordinarily available on the open market. 2.9.1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 1. Overtime requirements. No contractor or subcontractor contracting for any part of the Contract Work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and General Contractual Provisions 87 10/18/07
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