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27 <br />provisions of 49 U.S.C. § 5323(m), as amended, prevail. <br />(4) Bus Testing. To the extent applicable, the Contractor agrees to <br />comply with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," <br />49 C.F.R. Part 665, and any amendments to those regulations that may be promulgated. <br />p. Bonding. For construction projects, the Contractor agrees to provide bid guarantee <br />bond (5% of bid price) and performance and payment bonds (100% of contract price) and <br />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 4220.1 F, to retain a qualified, registered architect or <br />professional engineer. <br />(1) The Contractor agrees to comply with qualifications-based <br />competitive 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 />(d) Negotiations be conducted with only the most qualified <br />offeror; and <br />(e) 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 <br />for architectural and engineering (A&E) services provided its <br />application leaves an appropriate number of qualified firms, given <br />the nature and size of the project, to compete for the contract. <br />(3) The Contractor acknowledges and agrees that qualifications- <br />based competitive proposal procedures can only be used for <br />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 <br />the solicitation; <br />(b) Submit procurement documents to the Department for its <br />review and approval prior to the award of any contract for <br />A&E services for the Project; and <br />(c) Maintain written documentation to support each step of the <br />procurement process. <br />r. Design-Bid-Build Projects. The Design-Bid-Build method of construction is where <br />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 <br />Revised 1/6/10 <br />