118 STAT. 309 PUBLIC LAW 108–199—JAN. 23, 2004 SEC. 165. Notwithstanding any other provision of law, unobli gated funds made available for a new fixed guideway systems projects under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects. SEC. 166. (a) IN GENERAL.—The Secretary shall establish a pilot program to determine the benefits of encouraging cooperative procurement of major capital equipment under sections 5307, 5309, and 5311. The program shall consist of three pilot projects. Coopera tive procurements in these projects may be carried out by grantees, consortiums of grantees, or members of the private sector acting as agents of grantees. (b) FEDERAL SHARE.—Notwithstanding any other provision of law, the Federal share for a grant under this pilot program shall be 90 percent of the net project cost. (c) PERMISSIBLE ACTIVITIES.— (1) DEVELOPING SPECIFICATIONS.—Cooperative specifica tions may be developed either by the grantees or their agents. (2) REQUESTS FOR PROPOSALS.—To the extent permissible under State and local law, cooperative procurements under this section may be carried out, either by the grantees or their agents, by issuing one request for proposal for each cooperative procurement, covering all agencies that are partici pating in the procurement. (3) BEST AND FINAL OFFERS.—The cost of evaluating best and final offers either by the grantees or their agents, is an eligible expense under this program. (d) TECHNOLOGY.—To the extent feasible, cooperative procure ments under this section shall maximize use of Internet based software technology designed specifically for transit buses and other major capital equipment to develop specifications; aggregate equip ment requirements with other transit agencies; generate cooperative request for proposal packages; create cooperative specifications; and automate the request for approved equals process. (e) ELIGIBLE EXPENSES.—The cost of the permissible activities under (c) and procurement under (d) are eligible expenses under the pilot program. (f) PROPORTIONATE CONTRIBUTIONS.—Cooperating agencies may contribute proportionately to the non Federal share of any of the eligible expenses under (e). (g) OUTREACH.—The Secretary shall conduct outreach on cooperative procurement. Under this program the Secretary shall: (1) offer technical assistance to transit agencies to facilitate the use of cooperative procurement of major capital equipment; and (2) conduct seminars and conferences for grantees, nationwide, on the concept of cooperative procurement of major capital equipment. (h) REPORT.—Not later than 30 days after delivery of the base order under each of the pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole. SEC. 167. Notwithstanding any other provision of law, new fixed guideway system funds available for the Yosemite, California, area regional transportation system project, in the Department Deadline. 49 USC 5307 note.
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