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(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 />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 11 j(1) and 11 j(2) of this 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 />(e) All evaluation factors will be identified along with their relative <br />importance; <br />(f) Proposals will be solicited from an adequate number (3 is <br />recommended) of qualified sources; <br />(g) A standard method .must be in place for conducting technical <br />evaluations of the proposals received and for selecting awardees; <br />(h) Awards will be made to the responsible firm whose proposal is <br />most advantageous to the Contractor's program with price and other factors considered; and <br />(i) In determining which proposal is most advantageous, the <br />Contractor may award to the proposer whose proposal offers the greatest business value (best <br />value) to the agency. "Best value" is based on determination of which proposal offers the best <br />Project 07-US-056 Page 33 of 49 <br />Orange County <br />