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intermediate procurement step with possible time saving, and more effective coordination and <br />opportunities for cost savings. Currently, this procurement method is not an allowable method <br />of procurement by the State of North Carolina. The Contractor may request to use the design - <br />build method as an "alternate" method. Submission of justification must be presented to the <br />State Building Commission for a 2/3- majority vote of approval. One of the drawbacks of design - <br />build is that the owner does not have an independent source (the A/E in traditional construction) <br />overseeing design implementation and verifying conformance with the drawings and <br />specifications. <br />t. Competitive Proposal /Request for Proposal (RFP). The competitive proposal/ <br />request for proposal (RFP) method of procurement is normally conducted with more than one <br />source submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement type <br />contract is awarded. This method of procurement is generally used when conditions are not <br />appropriate for the use of sealed bids. The Contractor acknowledges that certain restrictions <br />apply under North Carolina law for use of the RFP method and these restrictions and exceptions <br />are discussed below. <br />(1) The Contractor agrees that the RFP Method may not be used in lieu of <br />an invitation for bids (IFB) for: <br />(a) Construction /repair work; or <br />(b) Purchase of apparatus, supplies, materials or equipment. See <br />Subsection 11t(2), this Agreement, regarding information <br />technology goods as services. <br />(2) The Contractor agrees that the RFP method of solicitation may be used <br />(in addition to or instead of any other procedure available under North Carolina law) for the <br />procurement of information technology goods and services [as defined in N.C.G.S. 147- <br />33.81(2)]. This applies to electronic data processing goods and services, telecommunications <br />goods and services, security goods and services, microprocessors, software, information <br />processing, office systems, any services related to the foregoing, and consulting or other <br />services for design or redesign of information technology supporting business processes. The <br />Contractor will comply with the following minimum requirements [N.C.G.S. 143 - 129.8]: <br />(a) Notice of the request for proposals shall be given in accordance <br />with N.C.G.S. 143- 129(b). <br />(b) Contracts shall be awarded to the person or entity that submits the <br />best overall proposal as determined by the awarding authority. <br />Factors to be considered in awarding contracts shall be identified <br />in the request for proposals. <br />(c) The Contractor may use procurement methods set forth in <br />N.C.G.S. 143 -135.9 in developing and evaluating requests for <br />proposals. <br />(d) The Contractor may negotiate with any proposer in order to <br />obtain a final contract that best meets the needs of the <br />Contractor. <br />(e) Any negotiations shall not alter the contract beyond the scope of <br />the original request for proposals in a manner that deprives the <br />proposers or potential proposers of a fair opportunity to compete <br />for the contract; and would have resulted in the award of the <br />contract to a different person or entity if the alterations had been <br />included in the request for proposals. <br />(f) Proposals submitted shall not be subject to public inspection until <br />a contract is awarded. <br />(3) The Contractor agrees that the RFP method, in accordance with FTA <br />Circular 4220.1 E, under the guidelines of FTA "Best Practices Procurement Manual," should be <br />Page 19 of 36 <br />