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(3) <br />(4) <br />applies to electronic data processing goods and services, <br />telecommunications goods and services, security goods and services, <br />microprocessors, software, information processing, office systems, any <br />services related to the foregoing, and consulting or other services for <br />design or redesign of information technology supporting business <br />processes. The Contractor will comply with the following minimum <br />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 <br />the best overall proposal as determined by the awarding <br />authority. Factors to be considered in awarding contracts shall <br />be identified 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 />The Contractor agrees that the RFP method, in accordance with FTA <br />Circular 4220.1 F, under the guidelines of FTA "Best Practices <br />Procurement Manual," should be used for procurements of <br />professional services, such as consultants for planning activities and <br />for transit system operations/management. The Contractor <br />acknowledges that certain restrictions apply under North Carolina law <br />for use of the RFP method and these restrictions and exceptions are <br />discussed in Subsections 20t(1) and 20t(2).of this Agreement. For all <br />architectural, engineering, design, or related services, the Contractor <br />agrees that the qualifications-based competitive proposal process shall <br />be used (see Subsection 20q, this Agreement). <br />When the RFP method is used for procurement of professional <br />services, the Contractor agrees to abide by the following minimum <br />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 />Updated 07!26110 20 <br />