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(2) The Contractor agrees that the RFP method of solicitation may <br />be used (in addition to or instead of any other procedure available <br />under North Carolina law) for the procurement of information <br />technology goods and services [as defined in N.C.G.S. 147 - 33.81(2)]. <br />This applies to electronic data processing goods and services, <br />telecommunications goods and services, security goods and services, <br />microprocessors, software, information processing, office systems, any <br />services related to the foregoing, and consulting or other services for <br />design or redesign of information technology supporting business <br />processes. The Contractor will comply with the following minimum <br />requirements [N.C.G.S. 143 - 129.8]: <br />(a) Notice of the request for proposals shall be given <br />In accordance with N.C.G.S. 143- 129(b). <br />(b) Contracts shall be awarded to the person or entity <br />that submits the best overall proposal as determined by the <br />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 <br />forth in N.C.G.S. 143 -135.9 in developing and evaluating <br />requests for proposals. <br />(d) The Contractor may negotiate with any proposer in <br />order to obtain a final contract that best meets the needs of <br />the Contractor. <br />(e) Any negotiations shall not alter the contract beyond the <br />scope of the original request for proposals in a manner that <br />deprives the proposers or potential proposers of a fair <br />opportunity to compete for the contract; and would have <br />resulted in the award of the contract to a different person <br />or entity if the alterations had been included in the request <br />for proposals. <br />(f) Proposals submitted shall not be subject to public <br />inspection until a contract is awarded. <br />(3) The Contractor agrees that the RFP method, in accordance with FTA <br />Circular 4220.1E, under the guidelines of FTA "Best Practices Procurement <br />Manual," should be used for procurements of professional services, such as <br />consultants for planning activities and for transit system <br />operations /management. The Contractor acknowledges that certain <br />restrictions apply under North Carolina law for use of the RFP method and <br />these restrictions and exceptions are discussed in Subsection 111. of this <br />Agreement. <br />When the RFP method is used for procurement of professional services, <br />the Contractor agrees to abide by the following minimum requirements: <br />(a) Normally conducted with more than one source submitting an <br />offer (proposal); <br />(b) Either fixed price or cost reimbursement type contract will be <br />used; <br />(c) Generally used when conditions are not appropriate for use of <br />sealed bids; <br />(d) Requests for proposals will be publicized; <br />(d) All evaluation factors will be identified along with their relative <br />importance; <br />Updated 04/15/16 18 <br />