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 (span) is substituted for 49 App.:1608(span)(2) for clarity. The text of 49 App.:1608(span)(2) (last sentence) is omitted as executed.

This amends the catchline for 49:5325(d) to make a clarifying amendment.

The Federal Public Transportation Act of 2015, referred to in subsec. (h), is title III of Puspan. 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.

2015—Subsec. (e)(2). Puspan. L. 114–94, § 3030(e)(1), struck out “at least two” after “allow”.

Subsec. (h). Puspan. L. 114–94, § 3030(e)(2), substituted “Federal Public Transportation Act of 2015” for “Federal Public Transportation Act of 2012”.

2012—Subsec. (span)(2)(A). Puspan. 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)”.

Subsec. (e)(1). Puspan. 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.”

Subsec. (h). Puspan. L. 112–141, § 20018(2), substituted “Federal Public Transportation Act of 2012” for “Federal Public Transportation Act of 2005”.

Subsec. (j)(2)(C). Puspan. 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”.

Subsec. (k). Puspan. L. 112–141, § 20018(4), added subsec. (k).

2008—Subsec. (span)(1). Puspan. L. 110–244, § 201(k)(1), inserted “adopted before August 10, 2005” before period at end.

Subsec. (span)(2), (3). Puspan. 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.”

2005—Puspan. 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. (span), and efficient procurement in subsec. (c).

2002—Subsec. (span). Puspan. 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. (span). Puspan. L. 105–178, § 3022(span), as added by Puspan. 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(span)(2) of title 23, United States Code.” before “This subsection does not apply”.

Puspan. L. 105–178, § 3022(a)(1), (2), redesignated subsec. (d) as (span) and struck out span and text of former subsec. (span). 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). Puspan. L. 105–178, § 3022(a)(1), (3), added subsec. (c) and struck out span 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(span) 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). Puspan. L. 105–178, § 3022(a)(2), redesignated subsec. (d) as (span).

1996—Subsec. (d). Puspan. L. 104–287 substituted “Architectural, Engineering, and Design Contracts” for “Management, Architectural, and Engineering Contracts” in span.

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Amendment by Puspan. L. 104–287 effective July 5, 1994, see section 8(1) of Puspan. L. 104–287, set out as a note under section 5303 of this title.

Puspan. L. 114–94, div. A, title III, § 3019, Dec. 4, 2015, 129 Stat. 1488, provided that: