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S. <br />t. <br />(4) The Grantee also agrees to: <br />(a) Include applicable Federal requirements and certifications in the solicitation; <br />(b) Submit procurement documents to the Department for its review and approval prior <br />to the award of any contract for A &E services for the Project; and <br />(c) Maintain written documentation to support each step of the procurement process. <br />Design- Bid -Build Projects. The Design- Bid -Build method of construction is where there are <br />separate contracts and procurement processes for the design and construction. Typically the <br />designer coordinates the numerous prime Grantees that are involved in the construction process. <br />The Grantee may use design- bid -build procurements to implement its projects after it has complied <br />with applicable Federal and State requirements and obtains approval from the Department prior to <br />solicitation and award of the contract. <br />Design -Build Projects. The Design -Build method of construction is where a single Grantee is given <br />responsibility for both design and construction, thus eliminating an intermediate procurement step <br />with possible time saving, and more effective coordination and opportunities for cost savings. <br />Currently, this procurement method is not an allowable method of procurement by the State of <br />North Carolina. The Grantee may request to use the design -build method as an "alternate" method. <br />Submission of justification must be presented to the State Building Commission for a 2/3- majority <br />vote of approval. One of the drawbacks of design -build is that the owner does not have an <br />independent source (the A/E in traditional construction) overseeing design implementation and <br />verifying conformance with the drawings and specifications. <br />Competitive Proposal /Request for Proposal (RFP). The competitive proposal/ request for proposal <br />(RFP) method of procurement is normally conducted with more than one source submitting an <br />offer, i.e., proposal. Either a fixed price or cost reimbursement type contract is awarded. This <br />method of procurement is generally used when conditions are not appropriate for the use of sealed <br />bids. The Grantee acknowledges that certain restrictions apply under North Carolina law for use <br />of the RFP method and these restrictions and exceptions are discussed below. <br />(1) The Grantee agrees that the RFP Method may not be used in lieu of an invitation for bids <br />(IFB) for: <br />(a) Construction /repair work; or <br />(b) Purchase of apparatus, supplies, materials or equipment. See Subsection 14t(2), of <br />this Agreement, regarding information technology goods as services. <br />(2) The Grantee agrees that the RFP method of solicitation may be used (in addition to or instead <br />of any other procedure available under North Carolina law) for the procurement of <br />information technology goods and services [as defined in N.C.G.S. 147 - 33.81(2)]. This <br />applies to electronic data processing goods and services, telecommunications goods and <br />services, security goods and services, microprocessors, software, information processing, <br />office systems, any services related to the foregoing, and consulting or other services for <br />design or redesign of information technology supporting business processes. The Grantee <br />will comply with the following minimum requirements [N.C.G.S. 143 - 129.8]: <br />(a) Notice of the request for proposals shall be given in accordance with N.C.G.S. 143 <br />129(b). <br />(b) Contracts shall be awarded to the person or entity that submits the best overall <br />proposal as determined by the awarding authority. Factors to be considered in <br />awarding contracts shall be identified in the request for proposals. <br />(c) The Grantee may use procurement methods set forth in N.C.G.S. 143 -135.9 in <br />developing and evaluating requests for proposals. <br />(d) The Grantee may negotiate with any proposer in order to obtain a final contract that <br />best meets the needs of the Grantee. <br />(e) Any negotiations shall not alter the contract beyond the scope of the original request <br />for proposals in a manner that deprives the proposers or potential proposers of a fair <br />opportunity to compete for the contract; and would have resulted in the award of the <br />contract to a different person or entity if the alterations had been included in the request <br />for proposals. <br />05/27/2015 Page 19.of36 <br />