2012-358 Planning - NC Department of Transportation Grant Agreement (not final)

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. . designer coordinates the numerous prime contractors that are involved in the construction pnzmeoa. The Contractor may use design-bid-build procurements to implement its projects aftar it has complied with applicable Federal and State requirements and obtains approval from the Department prior to solicitation and award of the contract. S. . The Design-Build method of construction is where a single contractor is given responsibility for both design and cmnmtruotknn, thus eliminating an intermediate procurement step with possible time saving, and more effective coordination and opportunities for cost savings. Curnendy, this procurement method is not an allowable method of procurement by the State of North Carolina. The Contractor may request to use the design-build method as on "alternate" method. Submission of justification must be presented to the 81aba Building Commission fora 2/3-majority vote of approval. One of the drawbacks of design-build is that the owner does not have an independent source (the A/E in traditional construction) overseeing design implementation and verifying conformance with the drawings and specifications. t. . The connpcd|t|va proposal/ request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer, i.e'. proposal. Either a fixed price or cost reimbursement type contract iaawarded. This method of procurement is generally used when conditions are not appropriate for the use of sealed bids. The Contractor acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Contractor agrees that the RFP Method may not be used in lieu of an invitation for bids UFB\for: /a Conntmction/napairwmrk; or . (b) Purchase of apparatum, mupp|ieo, rnotehm|m or equipment. See Subsection 14t(2). this &gneernent, regarding information technology goods aeservices. � (2) The Contractor agrees that the F(FP method of solicitation may be used (in � addition to or instead of any other procedure available under North Carolina law)for the procurement of information technology goods and services [as defined in N.C.G.8. 147-33.81/2D. This applies to electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes. The Contractor will comply with the following minimum requirements (a) Notice of the request for proposals shall be given in accordance with (b) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for (c) The Contractor may use procurement methods set forth in N.C.G.S. 143-135.9 in developing and evaluating requests for proposals. (d) The Contractor may negotiate with any proposer in order to obtain a final contract that best meets the needs of the Contractor. (e) Any negotiations shall not alter the contract beyond the scope of the original request for proposals in a manner that deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals. (f) Proposals submitted shall not be subject to public inspection until a contract is awarded. (3) The Contractor agrees that the RFP method, in accordance with FTA Circular 4220.1 F, under the guidelines of FTA "Best Practices Procurement Manual," should be used for procurements of professional services, such as consultants for planning activities and for transit system Updated 3/07/12 Page 18 of 37