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used for procurements of professional services, such as consultants for planning activities and <br />for transit system operations /management. The Contractor acknowledges that certain <br />restrictions apply under North Carolina law for use of the RFP method and these restrictions <br />and exceptions are discussed in Subsections 11t(1) and 11t(2) of this Agreement. For all <br />architectural, engineering, design, or related services, the Contractor agrees that the <br />qualifications -based competitive proposal process shall be used (see Subsection 11q, this <br />Agreement). <br />(4) When the RFP method is used for procurement of professional <br />services, the Contractor agrees to abide by the following minimum requirements: <br />(a) Normally conducted with more than one source submitting an <br />offer (proposal); <br />(b) Either fixed price or cost reimbursement type contract will be <br />used; <br />(c) Generally used when conditions are not appropriate for use of <br />sealed bids; <br />(d) Requests for proposals will be publicized; <br />(d) All evaluation factors will be identified along with their relative <br />importance; <br />(e) Proposals will be solicited from an adequate number (3 is <br />recommended) of qualified sources; <br />(f) A standard method must be in place for conducting technical <br />evaluations of the proposals received and for selecting <br />awardees; <br />(g) Awards will be made to the responsible firm whose proposal is <br />most advantageous to the Contractor's program with price and <br />other factors considered; and <br />(h) In determining which proposal is most advantageous, the <br />Contractor may award to the proposer whose proposal offers the <br />greatest business value (best value) to the agency. "Best value" <br />is based on determination of which proposal offers the best <br />tradeoff between price and performance, where quality is <br />considered an integral performance factor. <br />U. Award to Other than the Lowest Bidder. In accordance with Federal and <br />State statutes, a third party contract may be awarded to other than the lowest bidder, if the <br />award furthers an objective (such as improved long -term operating efficiency and lower long- <br />term costs). When specified in bidding documents, factors such as discounts, transportation <br />costs, and life cycle costs will be considered in determining which bid is lowest. Prior to the <br />award of any contract equal to or greater than $2,500 to other than apparent lowest bidder, the <br />Contractor shall submit its recommendation along with basis /reason for selection to the <br />Department for pre -award approval. <br />V. Award to Responsible Contractors. The Contractor agrees to award third <br />party contracts only to responsible contractors who possess potential ability to successfully <br />perform under the terms and conditions of the proposed procurement. Consideration will be <br />given to such matters as contractor integrity, compliance with public policy, record of past <br />performance, and financial and technical resources. Contracts will not be awarded to parties <br />that are debarred, suspended, or otherwise excluded from or ineligible for participation in <br />Federal assistance programs or activities in accordance with the Federal debarment and <br />suspension rule, 49 C.F.R. 29. For procurements over $25,000, the Contractor shall comply, <br />and assure the compliance of each third party contractor and subrecipient at any tier, with the <br />debarment and suspension rule. FTA and the Department recommend that grantees use a <br />certification form for projects over $25,000, which are funded in part with Federal funds. A <br />Page 20 of 36 <br />