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with applicable Federal and State requirements and obtains approval from the Department prior to <br /> solicitation and award of the contract. <br /> S. Design-Build Projects. The Design-Build method of construction is where a single <br /> contractor is given responsibility for both design and construction, thus eliminating an intermediate <br /> procurement step with possible time saving, and more effective coordination and opportunities for cost <br /> savings. Currently, this procurement method is not an allowable method of procurement by the State of <br /> North Carolina. The Contractor may request to use the design-build method as an "alternate" method. <br /> Submission of justification must be presented to the State Building Commission for a 2/3-majority vote <br /> of approval. One of the drawbacks of design-build is that the owner does not have an independent <br /> source (the A/E in traditional construction) overseeing design implementation and verifying <br /> conformance with the drawings and specifications. <br /> t. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ <br /> request for proposal (RFP) method of procurement is normally conducted with more than one source <br /> submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement type contract is awarded. <br /> This method of procurement is generally used when conditions are not appropriate for the use of sealed <br /> bids. The Contractor acknowledges that certain restrictions apply under North Carolina law for use of <br /> the RFP method and these restrictions and exceptions are discussed below. <br /> (1) The Contractor agrees that the RFP Method may not be used in lieu of an <br /> invitation for bids (IFB)for: <br /> (a) Construction/repair work; or <br /> (b) Purchase of apparatus, supplies, materials or equipment. See <br /> Subsection 11t(2), this Agreement, regarding information technology goods as services. <br /> (2) The Contractor agrees that the RFP method of solicitation may be used (in <br /> addition to or instead of any other procedure available under North Carolina law) for the procurement of <br /> information technology goods and services [as defined in N.C.G.S. 147-33.81(2)]. This applies to <br /> electronic data processing goods and services, telecommunications goods and services, security goods <br /> and services, microprocessors, software, information processing, office systems, any services related <br /> to the foregoing, and consulting or other services for design or redesign of information technology <br /> supporting business processes. The Contractor will comply with the following minimum requirements <br /> [N.C.G.S. 143-129.8]: <br /> (a) Notice of the request for proposals shall be given in accordance with <br /> N.C.G.S. 143-129(b). <br /> (b) Contracts shall be awarded to the person or entity that submits the best <br /> overall proposal as determined by the awarding authority. Factors to be considered in awarding <br /> contracts shall be identified in the request for proposals. <br /> (c) The Contractor may use procurement methods set forth in N.C.G.S. <br /> 143-135.9 in developing and evaluating requests for proposals. <br /> (d) The Contractor may negotiate with any proposer in order to obtain a final <br /> contract that best meets the needs of the Contractor. <br /> (e) Any negotiations shall not alter the contract beyond the scope of the <br /> original request for proposals in a manner that deprives the proposers or potential proposers of a fair <br /> opportunity to compete for the contract; and would have resulted in the award of the contract to a <br /> different person or entity if the alterations had been included in the request for proposals. <br /> (f) Proposals submitted shall not be subject to public inspection until a <br /> contract is awarded. <br /> (3) The Contractor agrees that the RFP method, in accordance with FTA Circular <br /> 4220.1E, under the guidelines of FTA "Best Practices Procurement Manual," should be used for <br /> procurements of professional services, such as consultants for planning activities and for transit system <br /> operations/management. The Contractor acknowledges that certain restrictions apply under North <br /> Carolina law for use of the RFP method and these restrictions and exceptions are discussed in <br /> Subsections 11t(1) and 11t(2) of this Agreement. For all architectural, engineering, design, or related <br /> services, the Contractor agrees that the qualifications-based competitive proposal process shall be <br /> used (see Subsection 11q, this Agreement). <br /> Revised 4/22/14 Page 19 of 36 <br />