THIRD PARTY PROCUREMENT PROCEDURES

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1 ADDENDUM #1 THIRD PARTY PROCUREMENT PROCEDURES NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TRANSPORTATION DEPARTMENT JUNE 2011

2 OVERVIEW These prcedures establish standards and guidelines fr the Nrth Central Texas Cuncil f Gvernments (NCTCOG) subgrantees fr prcurement f gds and services thrugh Third Party Cntracts, in accrdance with 49 CFR Part and 40 CFR Part These prcedures have been develped t ensure fair, pen, and cmpetitive pprtunities fr all parties invlved in the prcurement. In rder t assist NCTCOG s subgrantees in cmplying with federal prcurement requirements, NCTCOG will publish these prcedures as part f calls fr prjects t make ptential applicants aware f these requirements in advance f submitting applicatins t NCTCOG fr funding cnsideratin. In additin, NCTCOG will peridically hld wrkshps n prcurement and ther cmpliance requirements t assist subgrantees in meeting these bjectives. Cmpliance with Federal Regulatins Subgrantees shall cmply with applicable federal, State and lcal laws and regulatins, and cnfrm t the standards set frth in 49 CFR Part r applicable gverning standards published by the awarding agency. These guidelines apply t purchases fr cntractual services, cmmdities, and equipment funded with federal and State funds. Use f Lwer-Tier Subgrantees If the prvisins f a NCTCOG agreement allw a lwer-tier subgrantee t manage and administer NCTCOG supprted prjects, the lwer-tier subgrantee must als cmply with applicable federal, State, and lcal laws, and all guidelines established by the applicable funding agency. Cnflict f Interest There can be n cnflict f interest, real r apparent, in the award r administratin f a cntract supprted by federal funds. The subgrantee shall maintain a written cde r standards f cnduct which shall gvern the perfrmance f their fficers, emplyees, r agents engaged in the award and administratin f cntracts supprted by federal funds. Cntract Administratin System Subgrantees will maintain a cntract administratin system which ensures that cntractrs perfrm in accrdance with the terms, cnditins, and specificatins f their cntracts and purchase rders. Open and Fair Cmpetitin All prcurement transactins shall be cnducted in a manner that prvides maximum pen and fair cmpetitin cnsistent with 49 CFR Part r applicable federal law. Prcurement prcedures shall nt restrict r eliminate cmpetitin. Examples f what is cnsidered t be restrictive f cmpetitin include, but are nt limited t, the fllwing: 1 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS; Subpart C, Pst-Award Requirements; Changes, Prperty, and Subawards under the United States Department f Transprtatin regulatins. These prcedures are written t cmply with grant management standards fr all federal agencies (e.g. Envirnmental Prtectin Agency, Department f Energy, etc ) as well as subgrantees funded with State funds. 2

3 Placing unreasnable requirements n firms/service prviders/vendrs/cnsultants in rder fr them t qualify t d business; Placing gegraphical preferences in the evaluatin f bids r prpsals; Nncmpetitive practices between firms/service prviders; Organizatin cnflicts f interest; Requiring unnecessary experience and excessive bnding requirements; and, Any arbitrary actin in the prcurement prcess. Written Prcurement Plicies The subgrantee shall have written prcurement prcedures and may adpt by reference prcedural requirements f 49 CFR Part r applicable federal law. Prcurement Guidelines NCTCOG, in reviewing subgrantee prcurement prcedures and plicies, will determine cnsistency with 49 CFR Part r the applicable federal law regulating prcurement. Stated therein are the gverning regulatins and implementing guidelines fr all prcurement activity undertaken with grant funds. Sme f thse items, with particular applicability t NCTCOG grants, are: Prcurement Standards 1. Subgrantees will maintain a cntract administratin system which ensures that cntractrs perfrm in accrdance with the terms, cnditins, and specificatins f their cntracts r purchase rders. 2. Prcedures will allw fr analysis f the mst ecnmical apprach in purchasing, including lease versus purchase alternatives. Each prpsed prcurement must be reviewed t avid the purchase f unnecessary r duplicative items. 3. Subgrantees will make awards nly t respnsible cntractrs pssessing the ability t perfrm successfully under the terms and cnditins f a prpsed prcurement. Cnsideratin will be given t such matters as cntractr integrity, cmpliance with public plicy, recrd f past perfrmance, and financial and technical resurces. 4. Subgrantees will maintain recrds sufficient t detail the significant histry f prcurement. 5. These standards d nt relieve the subgrantee f any cntractual respnsibilities under its NCTCOG cntracts. The subgrantee is respnsible, in accrdance with gd administrative practice and sund business judgment, fr the settlement f all cntractual administrative issues arising ut f any prcurement entered in supprt f a NCTCOG grant. These include, but are nt limited t, surce evaluatin, prtests, disputes, and claims. Methd f Prcurement 2 All prcurement transactins shall be made by ne f the fllwing methds: 1. PROCUREMENT BY SMALL PURCHASE PROCEDURES 2 Explicit federal and State regulatins apply t each prcurement methd. Subgrantees may prceed with prcurement activities nly after careful study f the regulatins reveals all requirements have been met. 3

4 Fr prcurement f services, supplies, r ther prperty with an aggregate cst f least $100,000 3, written price r rate qutatins shall be btained frm at least tw qualified surces. The aggregate sum f all items being purchased is cnsidered ne purchase. Purchases under $3,000 Purchases which d nt invlve the expenditure f at least $3,000, exclusive f freight r shipping charges, may be made withut advertising r therwise requesting cmpetitive qutes; prvided, hwever, that nthing cntained in this paragraph shall be cnstrued t prhibit any agency r gverning authrity frm establishing prcedures which require cmpetitive qutes n purchases under $3,000. Purchases under $100,000 Purchases which invlve the expenditure f at least $3,000 but nt mre than $100,000, exclusive f freight and shipping charges, may be made frm the lwest and best vendr withut publishing r psting advertisements fr bids, prvided at least tw cmpetitive written qutes have been btained. The term cmpetitive written qutes means a qute submitted n a qute frm furnished by the subgrantee and signed by authrized persnnel representing the vendr, r a qute submitted n a vendr s letterhead r qute frm signed by authrized persnnel representing the vendr. NCTCOG may request cpies f qutes t ensure cmpliance with this prvisin as a cnditin f reimbursement. 2. PROCUREMENT BY SEALED BIDS Purchases ver $100,000 Public advertisement nce each week fr tw cnsecutive weeks fr cmpetitive sealed bids is required fr all purchases which exceed $100,000. Bids may nt be due less than seven wrking days fllwing the date the last advertisement appears in the public frum. Purchases which invlve expenditure f mre than $100,000, exclusive f freight and shipping charges shall be made frm the lwest and best bidder after publicly advertising fr cmpetitive sealed bids nce each week fr tw cnsecutive weeks. The date, as published, fr the bid pening, shall nt be less than seven wrking days after the published ntice has been cmpleted. The ntice shall state the time and place at which bids shall be received; types f supplies, and/r equipment t be purchased, and the cntact persn. If plans r specificatins are nt published, ntice shuld state where cpies may be btained. Specificatins shall be written s as nt t exclude any supplier. Prcurements ver $100,000 by sealed bid must be submitted t NCTCOG fr review and apprval 30 days prir t initiating the prcurement. NCTCOG reserves the right t deny reimbursement upn failure t cmply with the apprved prcurement prcess r failure t adequately address NCTCOG s cmments cncerning the prpsed prcurement prcess. 3. PROCUREMENT BY COMPETITIVE PROPOSALS Purchases ver $100,000 3 This purchase threshld is t be utilized fr subgrantee prcurements with federal funds. Separate threshlds may be permitted r required under state law fr state funded grants. 4

5 Frmally publicizing a request fr prpsals which nrmally results in cnducting cmpetitive negtiatin with mre than ne surce submitting an ffer. This methd is generally used when cnditins are nt apprpriate fr the use f sealed bids. All evaluatin factrs and their relative imprtance will be identified. There will be prcedures fr technical evaluatins f the prpsal and selectin f an awardee. Awards are made t the prpsal mst advantageus t the prgram, with price and ther factrs cnsidered. Prcurements ver $100,000 cmpetitive prpsal must be submitted t NCTCOG fr review and apprval 30 days prir t initiating the prcurement. NCTCOG reserves the right t deny reimbursement upn failure t cmply with the apprved prcurement prcess r failure t adequately address NCTCOG s cmments cncerning the prpsed prcurement prcess. 4. SOLE SOURCE PROCUREMENT Nncmpetitive items are items available frm ne surce nly. In cnnectin with the purchase f nncmpetitive items nly available frm ne surce, a certificatin f the cnditins and circumstances requiring the purchase shall be filed by the subgrantee with the apprpriate NCTCOG prject manager. Upn receipt by the NCTCOG prject manager, the certificatin will be frwarded t the apprpriate NCTCOG persnnel fr apprval f the request. Only after receiving authrizatin frm NCTCOG will the purchase be deemed a sle surce prcurement. All authrizatins must be received prir t any prcurement transactins. The apprpriate NCTCOG persnnel may authrize a sle surce prcurement under the cnditins defined in state law, prvided that the sle surce prcurement shall be made accrding t the established purchasing rules and regulatins and shall nt be made s as t circumvent the cmpetitive purchasing requirements. 5. PURCHASES UNDER GOVERNMENTAL COOPERATIVE PURCHASING PROGRAMS Public entities that can purchase under State cntracts r ther gvernmental cperative purchasing prgrams can d s withut prir apprval r btaining written qutes. All ther purchases must fllw the guidelines utlined in the Cntracting Prcurement Prcedures. 6. EMERGENCY PROCUREMENT NCTCOG may apprve an emergency prcurement under the cnditins defined in federal and State law, prvided such emergency prcurement shall be made with such cmpetitin as is practicable under the circumstances. Subgrantee Files Each subgrantee must maintain adequate files t supprt any purchases made. A cpy f the qutes that were btained (purchases between $3, and $100,000.00) r a cpy f the legal ntice must als be n file t supprt the chice f lwest and/r best bid. The subgrantee must prvide adequate justificatin if the purchase is nt awarded t lwest and/r best bidder. 5

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