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Chapler 4: Methods oC Selection <br />http:/1w~~~:fta.dot.Fo~-fia,~7ibrarv,adminBPPman~sect 40.htm <br />advice as to agency and FTA bid/proposal protest procedures; advice as to ability of agency to cancel the <br />solicitation; and establishment of an order of precedence covering how inconsistencies between <br />provisions of the solicitation are to be resolved. <br />4. A document that includes special contract requirements or provisions (as opposed to general <br />provisions) relating to this particular solicitation and contract that are not addressed elsewhere in <br />the solicitation - These provisions typically address such things as bonding requirements; insurance <br />requirements; any special permits or iicenses required; what property the authority will furnish the <br />contractor and rules relating to that property; liquidated damages; warranties; indemnity provisions; <br />options; contract administration; and iules relating to royalties and patents. If you are going to award a <br />cost-type contract, special provisions relating to those contracts are typically included in the special <br />provisions. <br />5. Special provisions required by the FTA through FTA Circular 4220.1D or the Master <br />Agreement which must be included in the soticitation and the contract - Model clauses for <br />compliance with these requirements are discussed in Section 8.1 [f'irture sectionJ, and include such <br />provisions as EEO clauses; affirmative action clauses; DBE program clauses; Contract Work Hours and <br />Safety Standards Act provisions; Davis-Bacon Act provisions; Title VI of the Civil Rights Act of 1964 <br />compliance provisions; Clean Air and Water Acts provisions; Energy Policy and Conservation Act <br />provisions; Cargo Preference Act clause; Buy America Provisions; Officials Not to Benefit clause, and <br />Restrictions on Lobbying provisions. Some properties include these as part of the special provisions <br />document, and state law may require similar provisions. <br />6. The contractual requirements of the DSE programs -(Sometimes included in special provisions.) <br />Although the DBE programs for FTA funded projects must comply with 49 CFR Par 23, the contractual <br />language details included in the contracts vary between the individual authorities. Chapter 8[future <br />sectronJ includes model DBE contract clauses that could be used in your contract. <br />7. The last of the "boilerptate" forms are the generat provisions. You may have different forms for <br />construction services, A&E services, supplies, services contracts and cost type contracts. It is in the <br />general provisions that you include such clauses as: changes elause; termination for default and <br />convenience; inspection; assignment; the impact of federal, state and local taxes; differing site conditions; <br />excusable delay; variation in quantity; disputes; governing law; indemnificat'ton; order of precedence; <br />pricing of adjustments; examination of records; and payment terms. <br />8. Each solicitation will have some sort of specification or statement of work or scope of work <br />deseribing what it is that you are buying. As we discussed in the Specification section (future sectionJ <br />of the Manual, the detail furnished wiIl vary from contract-to-contract, hut it is against this document that <br />you will measure satisfactory performance of the contractor -- did the contractor furnish you with what <br />you requested? <br />There is no real "best" way to create your solicitation. We have presented the common elements of the <br />solicitation and highlighted those issues or matters that solicitation documents typically address. How you <br />package it is in many respects a function of what is already in place in your organization or, if you are <br />creating a solicitation for the first time, a function of what your prior pro~ur~ment experiences have been. <br />The bottom line is that you want to create a doeument that will get you through the solicitation and <br />contract award process with littie or no controversy and through contract performance on-trme and <br />within budget while complying with the Lerms of your contract. <br />18 of 45 <br />01 / I O!97 I 3:09:34 <br />