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defined in N.C.G.S. 147-33.81(2)]. This applies to electronic data processing goods and <br /> services, telecommunications goods and services, security goods and services, <br /> microprocessors,software,information processing,office systems,any services related to the <br /> foregoing, and consulting or other services for design or redesign of information technology <br /> supporting business processes. The Recipient will comply with the following minimum <br /> requirements [N.C.G.S. 143-129.8]: (a) Notice of the request for proposals shall be given in <br /> accordance with N.C.G.S. 143-129(b). (b) Contracts shall be awarded to the person or entity <br /> that submits the best overall proposal as determined by the awarding authority. Factors to <br /> be considered in awarding contracts shall be identified in the request for proposals. (c) The <br /> Recipient may use procurement methods set forth in N.C.G.S. 143-135.9 in developing and <br /> evaluating requests for proposals. (d) The Recipient may negotiate with any proposer in <br /> order to obtain a final contract that best meets the needs of the Recipient. (e) Any <br /> negotiations shall not alter the contract beyond the scope of the original request for proposals <br /> in a manner that deprives the proposers or potential proposers of a fair opportunity to <br /> compete for the contract;and would have resulted in the award of the contract to a different <br /> person or entity if the alterations had been included in the request for proposals.(f)Proposals <br /> submitted shall not be subject to public inspection until a contract is awarded. (3) The <br /> Recipient agrees that the RFP method, in accordance with FTA Circular 4220.113, under the <br /> guidelines of FTA"Best Practices Procurement Manual," should be used for procurements of <br /> professional services, such as consultants for planning activities and for transit system <br /> operations/management. The Recipient acknowledges that certain restrictions apply under <br /> North Carolina law for use of the RFP method and these restrictions and exceptions are <br /> discussed in Subsections 11j(1) and 11j(2) of this Agreement. (4) When the RFP method is <br /> used for procurement of professional services,the Recipient agrees to abide by the following <br /> minimum requirements: (a) Normally conducted with more than one source submitting an <br /> offer (proposal); (b) Either fixed price or cost reimbursement type contract will be used; (c) <br /> Generally used when conditions are not appropriate for use of sealed bids; (d) Requests for <br /> proposals will be publicized; (e) All evaluation factors will be identified along with their <br /> relative importance; (f) Proposals will be solicited from an adequate number (3 is <br /> recommended) of qualified sources; (g) A standard method must be in place for conducting <br /> technical evaluations of the proposals received and for selecting awardees; (h) Awards will <br /> be made to the responsible firm whose proposal is most advantageous to the Recipient's <br /> program with price and other factors considered; and (i) In determining which proposal is <br /> most advantageous, the Recipient may award to the proposer whose proposal offers the <br /> greatest business value (best value) to the agency."Best value"is based on determination of <br /> which proposal offers the best tradeoff between price and performance, where quality is <br /> considered an integral performance factor. <br /> j. Award to Other than the Lowest Bidder. In accordance with State statutes, a third party <br /> contract may be awarded to other than the lowest bidder,if the award furthers an objective <br /> (such as improved long-term operating efficiency and lower long-term costs).When specified <br /> in bidding documents,factors such as discounts,transportation costs,and life cycle costs will <br /> be considered in determining which bid is lowest.Prior to the award of any contract equal to <br /> or greater than $2,500 to other than apparent lowest bidder, the Recipient shall submit its <br /> recommendation along with basis/reason for selection to the Department for pre-award <br /> approval. <br /> k. Award to Responsible Recipients. The Recipient agrees to award third party contracts only <br /> to responsible contractors who possess potential ability to successfully perform under the <br /> terms and conditions of the proposed procurement. Consideration will be given to such <br /> matters as contractor integrity, compliance with public policy, record of past performance, <br /> and financial and technical resources. Contracts will not be awarded to parties that are <br /> Page 11 of 18 <br />