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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 141(1) and 14t(2) of this Agreement. For all <br />architectural, engineerinA, dmaign, or related son/ices. the Grantee e0naen that the <br />qualifications-based competitive proposal process shall bm 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 />(n) Generally used when conditions are not appropriate for use of sealed bids; <br />(d) Requests for proposals will bepublicized; <br />(e) All evaluation factors will be identified along with their relative importance; <br />/0 Proposa|svvi||beao|icitedfronnenadequgtenunober/3ioneoonnnnended\nfquo|ified <br />sources; <br />/g\ A standard method must be in place for conducting technical evaluations of the <br />proposals received and for selecting avvardeen; <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. "Bent value" is based on determination of which proposal offers the best <br />tradeoff between price and performanoo, vvhono quality is considered on integral <br />performance factor. <br />U. 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 oonta' and life cycle costs will be <br />considered in determining which bid is lowest. Prior to the award of any contract equal tonrgreater <br />than $3'500 ($2.000 for onnstruction-related projects) to other than apparent lowest bidder. the <br />Grantee shall submit its neounonnandetion along with basis/reason for selection tothe Department <br />for pre-award approval. <br />V. Award to Responsible Grantees. The Grantee agrees to ovvord 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 toN.C.G.8.143'12Q. Consideration will be <br />given to such matters as Grantee integriiy, 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, nr otherwise excluded from or ineligible for participation in Federal <br />assistance programs or activities in accordance with the Federal debarment and suspension rule, <br />49C.F.H.29. For procurements over $25.00O' 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. Anmnop|n certification form <br />can be obtained from the Department. The Grantee also agrees to check o potential Grantee's <br />debarment/suspension status ot the Federal vvebeite: <br />and the State vveboite: <br />ha. <br />W. Procurement Notification Requirements. With respect to any procurement for goods and services <br />(including construction services) having an aggregate value of $500,000 or more (in Federal funds), <br />the Grantee agrees to: <br />(1) Specify the amount of Federal and State funds that will be used to finance the acquisition in <br />any announcement of the contract award for such goods or services; and <br />(2) Express the said amount as e percentage of the total costs of the planned acquisition. <br />05/27/2015 Page 2Oo[36 <br />