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Recipient may use procurement methods set forth in N . C . G . S . 143435 . 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 . 1E , 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 110 ) 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 /> 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 <br /> rule, 49 C . F . R. 29 (see www. sam . gov and <br /> httpsn //www. federalregister . gov/ articles / 2006 / 10 / 25 / 06 - 8657 / debarment- and- <br /> suspension - nonprocurement- requirements for listings) . For procurements over $ 25 , 000 , <br /> the Recipient shall comply, and assure the compliance of each third party contractor and <br /> subrecipient at any tier, with the debarment and suspension rule . FTA and the Department <br /> recommend that grantees use a certification form for projects over $ 25 , 000 , which are funded <br /> Page 11 of 18 <br />