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implementing regulations, as currently promulgated, the provisions of 49 U.S.C. § 5323(m), as <br />amended, prevail. <br />(4) Bus Testing. To the extent applicable, the Contractor agrees to comply <br />with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. <br />Part 665, and any amendments to those regulations that may be promulgated. <br />p. Bonding. For construction projects, the Contractor agrees to provide bid <br />guarantee bond (5% of bid price) and performance and payment bonds (100% of contract price) <br />and comply with any other construction bonding provisions as the Department may determine. <br />q. Architectural Engineering Design or Related Services. For all architectural, <br />engineering, design, or related services the Contractor shall use qualifications -based <br />competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act] <br />procedures. The Contractor shall follow applicable statutes, N.C.G.S. 143- 64.31 -34 and <br />requirements set forth in FTA Circular 4220.1E, to retain a qualified, registered architect or <br />professional engineer. <br />(1) The Contractor agrees to comply with qualifications -based competitive <br />proposal procedures, which require: <br />(a) An offeror's qualifications be evaluated; <br />(b) Good faith effort to use minority -owned businesses; <br />(c) Price be excluded as an evaluation factor; <br />(a) Negotiations be conducted with only the most qualified offeror; <br />and <br />(b) Failing agreement on price, negotiations with the next most <br />qualified offeror be conducted until a contract award can be <br />made to the most qualified offeror whose price is fair and <br />reasonable. <br />(2) Geographic location may be a selection criterion in procurements for <br />architectural and engineering (A &E) services provided its application leaves an appropriate <br />number of qualified firms, given the nature and size of the project, to compete for the contract. <br />(3) The Contractor acknowledges and agrees that qualifications -based <br />competitive proposal procedures can only be used for procurement of the following services: <br />(a) Program management; <br />(b) Construction management; <br />(c) Feasibility studies; and <br />(d) Preliminary engineering, design, architectural, engineering, <br />surveying, mapping, and related services. <br />(4) The Contractor also agrees to: <br />(a) Include applicable Federal requirements and certifications in the <br />solicitation; <br />(b) Submit procurement documents to the Department for its review <br />and approval prior to the award of any contract for A &E services <br />for the Project; and <br />(c) Maintain written documentation to support each step of the <br />procurement process. <br />r. Desiqn- Bid -Build Projects. The Design- Bid -Build method of construction is <br />where there are separate contracts and procurement processes for the design and construction. <br />Typically the designer coordinates the numerous prime contractors that are involved in the <br />construction process. The Contractor may use design- bid -build procurements to implement its <br />projects after it has complied with applicable Federal and State requirements and obtains <br />approval from the Department prior to solicitation and award of the contract. <br />S. Design -Build Projects. The Design -Build method of construction is where a <br />single contractor is given responsibility for both design and construction, thus eliminating an <br />Page 18 of 36 <br />