A service provider (private contractor) is under contract to a grantee to provide maintenance on FTA-funded 15-passenger vans. Is the service provider required to follow the OEM preventive maintenance schedule, or can both parties agree in the contract to the PM schedule?A.
A service provider who is under contract with a grantee to maintain grantee vehicles must abide by the terms of the contract. If the contract provides for a PM schedule that is different than the OEM schedule, the service provider must comply with the contract terms and conditions and not the OEM recommendations. The service provider has no contractual relationship with the OEM and thus no responsibility to the OEM unless the contract creates such a responsibility. Q.
Is there a list of qualifying items to purchase for preventive maintenance under a 5307 grant?A.
The National Transit Database's definition of "Maintenance" (see http://www.ntdprogram.gov/ntdprogram/Glossary.htm#M
) is clear and specific. If the cost is not one of the enumerated line items, it must be excluded as an ineligible maintenance expense. Additional clarity on the definition of "maintenance" can be found in the Uniform System of Accounts (USOA) established by FTA. According to statute (Title 49 USC, section 5335 - (see http://vlex.com/vid/19260477
), all Section 5307 Grantees are required to follow the USOA for their accounting. A link to the USOA is attached for your convenience: http://www.ntdprogram.gov/ntdprogram/pubs/reference/USOA.pdf
. The definition of "Expense Functions" can be found in Chapter 6 of the USOA, and the "Maintenance Functions" are 041 through 141 (pages 63 through 80 of the PDF version or pages 65 through 82 of the document itself). If you have any additional questions, you may direct them to your liaison in the FTA regional office in Atlanta. (Posted: 03-2009)