Procurement Decision Matrix
Request For Proposals (RFP)
[FTA C 4220.1F Ch. VI, 3.d]
The procedures ud must comply with State and local law as well as with Federal requirements. The following guidance is bad on the requirements of the Common Grant Rule for governmental recipients, supplemented
by FTA policies that address the needs of FTA recipients.
Definition: Competitive proposals when the nature of the procurement does not lend itlf to aled bidding and the recipient expects that more than one source will be willing and able to submit an offer or proposal.
∙Bidder input needed for specification
∙Two or more responsible bidders willing to compete
∙Discussion needed with bidders after receipt of proposals, prior to award, or basing the contract award on factors other than price alone
∙Fixed price can be t after discussions
Basic Requirement:
∙Request For Proposals is publicly advertid (Newspapers, Journals, social media, MN State Register,etc,)
∙All evaluation factors and their relative importance are specified in the solicitation.
o Obtain a “No Conflict of Interest” clau/statement that is signed by ea ch person rving on the Evaluation Committee.
∙Proposals are solicited from an adequate number (at least three) of qualified sources
∙ A specific method is established and ud to conduct technical evaluations of the proposals received and to determine the most qualified offeror
∙Price and Other Factors– an award is made to the responsible offeror who proposal is most advantageous to the recipient’s program with price and other factors considered.
o must have OCR approval prior to notifying successful offeror
o Pre-Audit review conducted if a new (no projects with State in past) contractor is desired, prior to any announcement of project award.
∙Best Value– may award contract to the offeror who proposal provides the greatest value to the recipient. Solicitation must inform potential offerors that the award will be made on a “best value” basis and identify what factors will form the basis for award.
∙As soon as possible, notify all propors that did not get award: Thank them for submitting proposal, inform them why they were not successful propor, can inform which proposal was awarded.
Procedures:
∙Must obtain price or rate quotations from an adequate number (at least three) of qualified (and potential) sources.
☐Independent Cost Estimate
… must make independent cost estimates before receiving bids or proposals. [FTA C 4220.1F Ch. VI, 6.]
∙Restrictive of Competition: Imposing unreasonable business requirements on firms in order for them to qualify to do business. Includes areas of Arbitrary Acti on, Brand Name Restrictions (“brand name or equal”
acceptable), and Geographic Preferences. Unnecessary business requirements and excessive bonding req58发布
uirements.
☐Organizational Conflict of Interest (if applicable)
☐ Written Procurement Selection Procedures
Solicitations shall incorporate a clear and accurate description of the technical requirements for the
material, product, or rvice to be procured; identify all requirements that offerors must fulfill and all other factors to be ud in evaluating bids. [FTA C 4220.1F,Ch.III, 3.d.(1) (c)]
☐Award to Responsible Contractor[FTA C 4220.1F, Ch. VI, 8.(b)]
Shall make awards only to responsible contractors posssing the ability to perform successfully under the terms and conditions of a propod procurement.Determined a1岁儿童食谱大全
fter receiving bids and before making contract award.Areas of responsibility determination; integrity and ethics, licensing and taxes,
debarment and suspension, financial resources, affirmative action and DBE, production capability,
technical capacity, performance record. [FTA C 4220.1F Ch. IV, 2(2)(b)]
v
☐Clear, Accurate, and Complete Specification
The solicitation and the contract awarded thereunder must include a clear and accurate description of the recipient’s technical requirements for the property or rvices to be acquired in a manner that provides for full and open competition.[FTA C 4220.1F, Ch. VI, 2.a.]
Evaluations [FTA C 4220.1F, Ch. VI. 7]
When evaluating p长字草书
roposals submitted, FTA expects the recipient to consider all evaluation factors
specified in its solicitation documents, and evaluated the proposals only on the evaluation factors
included in tho solicitation documents. The recipient may not modify its evaluation factors after the proposals have been submitted without re-opening the solicitation.
•Evaluators. In addition to evaluators with experience in technical or public policy matters related to the procurement, other evaluators may also include auditors and financial experts to
the extent that the recipient determines would be necessary or helpful. A rec沈煜伦
ipient lacking
qualified personnel within its organization may contract for the evaluation rvices it needs. The
procurement standards of FTA C 4220.1F will apply to tho contracts and to tho contractors
lected to perform procurement evaluation functions on behalf of the recipient.
Evaluation of Options [FTA C 4220.1F, Ch. VI, 7.b.]
Grantees must evaluate proposals for any option quantities or periods contained in a solicitation if it
intends to exerci tho options after the contract is awarded.
∙If do not review/evaluate, exerci at a later point is a sole source procurement.
∙Run numbers for the entire option period
∙Does not matter if options are covered in contracts.
Exerci of Options[FTA C 4220.1F, Ch.V, 7.a(1)]
An option may not be exercid unless it has determined that the option price is better than prices
available in the market, or that when it intends to exerci the option, the option is more advantageous.
∙Conduct a market analysis to ensure best pricing
☐Non-Collusion Declaration
∙(Prior to Award) Must preform a cost (and/) or price analysis in connection with every procurement action, including contract modifications.[FTA C 4220.1f, Ch. VI, 6]
☐Cost Analysis breaks down the total price into its components, looking at the supplier’s costs to determine the profit margin contained in that price. Cost Analysis is ud if it is dete舒义
rmined that competition is inadequate or price is inconsistent with the expected range established by ICE.
☐Price Analysis looks at the supplier’s price in comparison to other market prices. Price
Analysis is ud if it is determined that competition was adequate and price was within the expected
range established by the ICE.
☐Sound and Complete Agreement[FTA C 4220.1F, Ch III, 3.画蛇添足读后感
(b)]
Must include:
∙Termination for convenience and default claus
∙Payment provisions
∙Period of Performance
∙Disputes Clau
∙Grantees are required to maintain and make available records detailing the history of each procurement.
[FTA C 4220.1F, Ch. III, 3.d (1)]
Additional Considerations:
∙Davis-Bacon prevailing wage requirements, however, will apply to construction contracts exceeding $2,000. ∙Prevailing Wage requirements apply to publicly funded construction contract and require payrolls and audits.
∙Include claus in standard boilerplate of contract in the solicitation – allows suppliers to bid bad on complying, some claus implement the certifications provided by the contractor ∙For construction work, the IFB/Sealed Bid is the contract, once accepted by the Agency
∙Don’t allow suppliers to take exceptions to required FTA claus.
☐ Ensure Davis-Bacon and Copeland Anti-Kickback Claus are ud for all construction over $2,000.
∙FTA does have minimum bonding requirements for construction projects.
∙Time and Material Contract (subt of RFP)
∙Fixed price cannot be t for work
∙After determination that no other type of contract is suitable
∙Complete extent of work unknown, whether time, or material u, or both
∙If the contract specifies a ceiling price that the contractor shall not exceed except at its own risk
∙Ensure that you have an approval in file
∙Include in the procurement plan
∙Two-Step Procurement Procedures. May u tw养生先养心
o-step procurement procedures in both aled bid and competitively negotiated procurements, provided the opportunity for full and open compaverage函数
etition is retained.
1. Review of Technical Qualifications and Approach. The first step is a review of the prospective
contractors’ technical approach to the recipient’s request and technical qualifications to carry out that
approach. The recipient then may narrow the competitive range to prospective contractors that
demonstrate a technically satisfactory approach and have satisfactory qualifications.
2. Review of Bids and Proposals Submitted by Qualified Prospective Contractors. The cond step
consists of soliciting and reviewing complete bids (sometimes referred to as “two-step aled bidding”) or proposals (as in “competitive negotiations”}, including price, submitted by each prospective
contractor determined to be qualified. Abnt exceptional circumstances, the recipient should attempt to solicit bids or proposals from at least three qualified prospective contractors. Unlike qualifications-bad procurement procedures required for A&E rvices, and other contracts covered by 49 U.S.C. Section 5325(b), FTA expects the recipient to consider all bid or proposal prices submitted as well as other technical factors, rather than limiting reviews to the most qualified bidder or offeror.
☐Claus (In Specification and Contract)
☐ DBE Language in Specifications and full packet as an Exhibit/Attachment
