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9 <br /> ORANGE COUNTY <br /> NOR C-1R0I.I N <br /> descriptive information sufficient to allow bidders to identify and propose <br /> such equivalent products; <br /> 6. The use of specification requirements and evaluation criteria that <br /> unnecessarily favor an incumbent contractor; <br /> 7. Prequalification of firms, products, or services without the following <br /> safeguards to ensure the solicitation is fair and competitive: <br /> a. Lists used to prequalify are current; <br /> b. Lists used to prequalify include enough qualified sources to ensure <br /> maximum and open competition; and <br /> c. OPT permits potential bidders or proposers to qualify during the <br /> defined solicitation period. <br /> Pre-qualification shall not ordinarily be used unless it is required by law or <br /> in situations in which the product or service involves an undefined market. <br /> M. Payments to Contractors <br /> OPT, in accordance with FTA policy, does not authorize and will not <br /> participate in funding payments to a contractor prior to the incurrence of costs <br /> by the contractor unless prior written concurrence is obtained from FTA. <br /> Progress payments are authorized if they are only made to the contractor for <br /> costs incurred in the performance of the contract and adequate security is <br /> obtained. <br /> N. Liquidated Damages <br /> OPT shall determine whether to use or not to use a liquidated damages <br /> provision for a specific procurement based on a reasonable expectation of <br /> suffering damages and the extent or amount of such damages would be <br /> difficult or impossible to determine. Liquidated damages may be imposed at a <br /> specific rate per day for each day of the overrun in contract time, and if <br /> imposed, it will be specified in the solicitation. The rate will be pre-determined <br /> and specified in a contract. Any liquidated damages incurred will be credited <br /> to the subject project unless FTA permits other uses of the liquidated <br /> damages. <br /> 7 <br />