Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Selection http://www.fta.dot.gov/ftahibraryladminl6Ppma~/sect 40.htm Because these issues have such a high probability of being protested or litigated, it is recommended that as soon as you become aware of the receipt of a late offer, you nofrfy your legal counsel for advice on what action to take. Many of the exceptions recognized in the la~v are very fact-intensive and care must be taken in ascertaining all of the facts and responding appropriately to what facts e~usted. Completeness of Offer - Besides the obvious things {like the bid or price schedule), there are a number of matters that are normally submitted with the affer, whether it is a bid or a praposal. These items either are required by law or the natural development of the procurement process has resulted in this being a good (or the best) time for some things to get into the hands of the procurement officials. Many of these matters are taken care of in the various representations and certifications that are submitted with the offer and which normally address responsibility-type questions that aid in processing the ultimate contract for award. Others, such as acknowledgment of solicitation amendments and bid bonds can go to the issue of whether the offeror is responsive -- did it consider a material amendment when it submitted its offer? In our discussion on common elements of the solicitation (see Section 4.3.2.3), we covered the common practice of developing a separate document to include in your solicitation for all the representations and certifications that you want each offeror to complete and return with its offer to you. If they aze a11 in one place, it is much easier for the offeror to ensure it has furnished you everything you need as well as you don't have to worry about forgetting to ask for something -- Everything you need is on one form. 4.3.3.2 Federaltv Required Submissions with Of~'ers - 16 o FTA Circular 4220.1D, entitled "Statutory and Regulatory Requirements" states that: A cunent and comprehensive tist of statutory and regulatory requirements applicable to ,grantee procurements (such as Davis-Bacon Act, Disadvantaged.Business Ente rise rP , Clean Air, and Buy America) is contained in the FTA Master Ageement.~4 Grantees are responsible for evaluating these requirements for relevance and applicabiiity to each procurement. For example, procurements involving the purchase of iron, steel and manufactured goods will be subject to the'Buy America' requirements in 49 CFR Part 661, Further guidance concerning these requirements and suggested wordin~ for contract clauses may be found in FTA's Third Party Procurement Manual." DISCUSSION The FTA 6as inciuded a comprehensive listing of contract clause reqairements in the 1Wlaster Agreemen~ A copy of that Agreement is an appropriate item for the procurement official's desk book of reference materials. We witl, in this subsection, highlight generatty the federal requirements that are germane to oar discussion here of items tt~at should be submitted to the transit property as part of the solicitation procesa involving eiEher IFBs or RFPs. We will also discuss in more depth four specific certifications that are fede~ally required.4g 4.3.3.2.1 Certification Re~ardin~ Debarmen~. Suspension. and ,other Rest~ansibilitv Matters :4 of 45 O 1/10/97 13:09:37