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Practices Procurement Manual" is focused on third party procurement processes <br />and may omit certain Federal requirements applicable to the third party contract <br />work to be performed. The Contractor shall establish written procurement <br />procedures that comply with the required Federal and State standards. <br />b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the <br />Contractor agrees to conduct all procurement transactions in a manner that <br />provides full and open competition as determined by the Department and FTA. <br />C. Exclusionary or Discriminatory Specifications. Apart from inconsistent <br />requirements imposed by Federal laws or regulations, the Contractor agrees to <br />comply with the requirements of 49 U.S.C. § 5325(h) by not using any Federal <br />assistance awarded by FTA to support a procurement using exclusionary or <br />discriminatory specification. <br />d. Geographic Restrictions. The Contractor agrees that it will not use any State <br />or local geographic preference, except State or local geographic preferences <br />expressly mandated or as permitted by the Department. <br />e. Department Pre -Award Approval. The Contractor agrees to submit <br />procurement documents to the Department for its review and approval prior to <br />award of a contract/suboontract under this Agreement for any of the following: <br />(1) Any "brand name" product or sole source purchase equal to or <br />greater than $2,500; <br />(2) Any contract/subcontract to other than the apparent lowest bidder <br />equal to or greater than $2,500; <br />(3) Any procurement equal to or greater than $90,000; <br />(4) Any contract modification that would change the scope of a <br />contract or increase the contract amount up to or over the formal <br />(sealed) bid threshold of $90,000. <br />f. Project Approval/Third Party Contract Approval. Except to the extent the <br />Department determines otherwise in writing, the Contractor agrees that the <br />Department's award of State assistance for the Project does not, by itself, constitute <br />pre - approval of any non - competitive third party contract associated with the Project. <br />g. Preference for Recycled Products. To the extent applicable, the Contractor <br />agrees to comply with U.S. EPA regulations, "Comprehensive Procurement <br />Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, <br />which implements Section 6002 of the Resource Conservation and Recovery Act, <br />as amended, 42 U.S.C. § 6962, and with subsequent Federal regulations that may <br />be promulgated. Accordingly, the Contractor agrees to provide a competitive <br />preference for products and services that conserve natural resources, protect the <br />environment, and are energy efficient. <br />h. . Competitive Proposal /Request for Proposal (RFP). The competitive proposal/ <br />request for proposal (RFP) method of procurement is normally conducted with more <br />than one source submitting an offer, i.e., proposal. Either a fixed price or cost <br />reimbursement type contract is awarded. This method of procurement is generally <br />used when conditions are not appropriate for the use of sealed bids. The <br />Contractor acknowledges that certain restrictions apply under North Carolina law for <br />use of 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 <br />lieu of an invitation for bids (IFB) for: <br />(a) Construction /repair work; or <br />(b) Purchase of apparatus, supplies, materials or equipment. <br />See next Subsection, this Agreement, regarding <br />information technology goods as services. <br />Updated 04/15/16 17 <br />