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LE <br />V. <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 />kA 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; en d 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 />AD Proposals submitted shall not be subject to public inspection until m contract is <br />awarded. <br />CB The Grantee agrees that the RFP mothod, in accordance with FlA Circular 4220.117 as <br />mcnended. under the guidelines of FTA "Bost 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, enQinoering, desigD, 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 beused; <br />/c\ Generally used when conditions are not appropriate for use of sealed bids; <br />(d) Requests for proposals will bepublicized; <br />/cA All evaluation factors will be identified along with their relative importance; <br />Ai Proposals will be solicited from an adequate number (3 is recommended) of qualified <br />sources; <br />kb /\ standard method must be in place for conducting bnnhnioo| evaluations of the <br />proposals received and for selecting evvonjees; <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 |a most advantageous, the Grantee may award to the <br />proposer whose proposal offer 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 perfornnmDne, where quality is considered an integral <br />performance factor. <br />Bidder. Award to Other than the Lowest In accordance with Federal and State statutes, athipd <br />party contract may be awarded to other than the |nYvost 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 dooUnnonts, tantnco such an discounts, transportation costs. and life cycle costs will be <br />considered in determining which bid is lowest. . Prior to -the award of any conftact equal to or greater <br />than $3,500 ($2'000 for construction-related projects) to other than appeKsDL 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 tm award third party contracts only to <br />responejb|e(�nanteeavvho possess potential ability tosucoesafUOype�ornn under the terms and <br />oonditionaof the proposed procurement according tmN.C.G.O.143-12Q. Consideration will be <br />given to such matters as Grantee integdty, compliance with public policy, record of past <br />performance, and financial and technical resources. Contracts will not be awarded to,parties that <br />are debarned, suspended, or otherwise excluded from or ineligible for participation in Federal <br />assis ' tance programs or activities in accordance with the Federal debarment and suspension rule, <br />49C.F.R.29. For procurements over $25,UOO. 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 />05/27/2015 Page 3Oof37 <br />