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u <br />v <br />(f) Proposals submitted shall not be subject to public inspection until a contract is <br />awarded, <br />(3) The Grantee agrees that the RFP method, in accordance with FTA Circular 4220.1 F as <br />amended, under the guidelines of FTA "Best Practices Procurement Manual," should be <br />used for procurements of professional services, such as consultants for planning activities <br />and for transit system operations /management. The Grantee acknowledges that certain <br />restrictions apply under North Carolina law for use of the RFP method and these restrictions <br />and exceptions are discussed in Subsections 14t(1) and 14t(2) of this Agreement. For all <br />architectural, engineering, design, or related services, the Grantee agrees that the <br />qualifications -based competitive proposal process shall be used (see Subsection 14q, this <br />Agreement). <br />(4) When the RFP method is used for procurement of professional services, the Grantee agrees <br />to abide by the following minimum requirements: <br />(a) Normally conducted with more than one source submitting an offer (proposal); <br />(b) Either fixed price or cost reimbursement type contract will be used; <br />(c) Generally used when conditions are not appropriate for use of sealed bids; <br />(d) Requests for proposals will be publicized; <br />(e) All evaluation factors will be identified along with their relative importance; <br />(f) Proposals will be solicited from an adequate number (3 is recommended) of qualified <br />sources; <br />(g) A standard method must be in place for conducting technical evaluations of the <br />proposals received and for selecting awardees; <br />(h) Awards will be made to the responsible firm whose proposal is most advantageous to <br />the Grantee's program with price and other factors considered; and <br />(i) In determining which proposal is most advantageous, the Grantee may award to the <br />proposer whose proposal offers the greatest business value (best value) to the <br />agency. "Best value" is based on determination of which. proposal offers the best <br />tradeoff between price and performance, where quality is considered an integral <br />performance factor. <br />Award to Other than the Lowest Bidder. In accordance with Federal and State statutes, a third <br />party 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 in <br />bidding documents, factors such as discounts, transportation costs, and life cycle costs will be <br />considered in determining which bid is lowest. Prior to the award of any contract equal to or greater <br />than $3,500 ($2,000 for construction - related projects) to other than apparent lowest bidder, the <br />Grantee shall submit its recommendation along with basis /reason for selection to the Department <br />for pre -award approval. <br />Award to Responsible Grantees. The Grantee agrees to award third party contracts only to <br />responsible Grantees who possess potential ability to successfully perform under the terms and <br />conditions of the proposed procurement according to N.C.G.S.143 -129. Consideration will be <br />given to such matters as Grantee integrity, compliance with public policy, record of past <br />performance, and financial and technical resources. Contracts will not be awarded to parties that <br />are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal <br />assistance programs or activities in accordance with the Federal debarment and suspension rule, <br />49 C.F.R. 29. For procurements over $25,000, the Grantee shall comply, and assure the <br />compliance of each third party Grantee and subrecipient at any tier, with the debarment and <br />suspension rule. FTA and the Department recommend that Grantees use a certification form for <br />projects over $25,000, which are funded in part with Federal funds. A sample certification form <br />can be obtained from the Department. The Grantee also agrees to check a potential Grantee's <br />debarment/suspension status at the Federal website: <br />https: / /www.dol.gov /ofccp /regs/ compliance /preaward /debarlst.htm and the State website: <br />https: / /ncadmin.ne.gov /government -a e1� �cies/ procurement /contracts /debarred- vendors. <br />05/27/2015 Page 20 of 36 <br />