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40 <br /> Piggybacking Checklist <br /> Definition: Piggybacking is the post-award use of a contractual document/process that allows someone who was <br /> not contemplated in the original procurement to purchase the same supplies/equipment through that original <br /> document/process. ("FTA Dear Colleague" letter, October 1, 1998). <br /> In order to assist in the performance of your review, to determine if a situation exists where you may be able to <br /> participate in the piggybacking (assignment) of an existing agreement, the following considerations are provided. <br /> Ensure that your final file includes documentation substantiating your determination. <br /> WORKSHEET YES NO <br /> 1. Have you obtained a copy of the contract and the solicitation document, including <br /> the specifications and any Buy America Pre-award or Post- Delivery audits? <br /> 2. Does the solicitation and contract contain an express"assignability" clause that <br /> provides for the assignment of all or part of the specified deliverables? <br /> 3. Did the Contractor submit the "certifications' required by Federal regulations? <br /> See BPPM Section 4.3.3.2. <br /> 4. Does the contract contain the clauses required by Federal regulations? See BPPM <br /> Appendix Al. <br /> 5. Were the piggybacking quantities included in the original solicitation; i.e.,were <br /> they in the original bid and were they evaluated as part of the contract award <br /> decision? <br /> 6. If this is an indefinite quantity contract, did the original solicitation and resultant <br /> contract contain both a minimum and maximum quantity, and did these <br /> represent the reasonably foreseeable needs of the parties to the contract? <br /> 7. If this piggybacking action represents the exercise of an option in the contract, is <br /> the option provision still valid or has it expired? <br /> 8. Does your State law allow for the procedures used by the original contracting <br /> agency: e.g., negotiations vs. sealed bids? <br /> 9. Was a cost or price analysis performed by the original contracting agency <br /> documenting the reasonableness of the price? Obtain a copy for your files. Have <br /> you performed a market analysis of the prices to be paid and have you <br /> determined the price to be fair and reasonable and in the best interests of the <br /> Agency? <br /> 10. If the contract is for rolling stock or replacement parts, does the contract term <br /> comply with the five-year term limit established by FTA? See FTA Circular 4220.1F, <br /> Chapter IV, 2 (14) (i). <br /> 11. Was there a proper evaluation of the bids or proposals? Include a copy of the <br /> analysis in your files. <br /> 12. If you will require changes to the vehicles (deliverables), are they"within the <br /> scope" of the contract or are they"cardinal changes"? See BPPM Section 9.2.1. <br /> Note:This worksheet is based upon the policies and guidance expressed in(a) the FTA Administrator's "Dear <br /> Colleague"letter of October 1,1998, (b)the Best Practices Procurement Manual,Section 6.3.3—Joint Procurements of <br /> Rolling Stock and "Piggybacking," <br />