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Chapter 4:'Methods of Scleclion <br />http:/iw~~~r.fta.dot.go~ `ha%libran:~admin!BPPman%scct 40.htm <br />Certifications Required - In all solicitations that are expected to result in contract amounts in excess of <br />$100,000, the certification set forth in Appendix A to 49 CFR Part 20 must be included. The certification <br />is also included in Appendix A.6, "Federally Required Model Clauses" of this Manual under the <br />"Lobbying" contract provisions. <br />Although it is not required that you include a copy of the Standard Form LLL in the solicitation, it is <br />recommended that you have a copy available to furnish to an offeror if one is requested. A copy is <br />included in the CFR section and may be reproduced.~s A copy may also be available from your legal <br />counsel or federal grants office because the agency had to furnish a copy to the FTA as well as part of the <br />Grant-making process. <br />Timeliness - The certification (and Standard Form LLL if applicable) should be executed and returned <br />with the bid or proposal. Because the language of the regulations refers to needing the certification and <br />applicable disclosures at time of award, failure to submit the executed eertification with the offer would <br />not be considered a responsiveness issue in a competitive bidding procurement. <br />Subcontracts - You may not aiways know who yaur prime contractor subcontracts with, particularly in <br />fixed price contracts. It is recommended that during any pre-performance conference you have with the <br />prime, you remind him or her of the requirement to forward the certification and disclosure statements <br />made by subcontractors at any tier who have subcontracts in excess of $100,000 through the tiers to the <br />contracting of~icer. <br />4.3.3.2.4 Disadvanta~ed Business Enterprise Reauirements <br />Although a discussion of DBE was not included in FTA Circular 4220.1D, requirements relating to <br />DBE participation still apply to FTA funded procurements as discussed below. <br />At the Federal level, DBE program requirements for the U. S. Department of Transportation are <br />governed by 49 CFR Part 23 - Participation by Minority Business Enterprises in Department of <br />Transportation Programs. In particular, 49 CFR 23.45(h) requires that grantees have procedures to <br />require contractors/suppliers to satisfy contract requirements on meeting DBE goals. <br />FTA Circular 4716.1 A-"Disadvantaged Business Enterprise Requirements For Recipients and Transit <br />Vehicle Manufacturers" details DBE program plan components for grantees. This circular does not <br />impose requirements beyond those mandated by 49 CFR Part 23, but provides assistance in meeting <br />'reQuirements of that resulation. <br />DISCUSSION <br />Where contract goals for DBE participation have been set you must obtain with each offer either <br />evedence of compliance with the goal requirement or a promise to comply with goal requirement. <br />If you obtain only the promise, the evidence must be obtained later from the apparently successful <br />offeror. The evidence of compliance must show proposed DBE pa~rticipation as defined by the <br />regulations meeting the goal, or must show good faith eflorts to meet the goal, using the <br />qualitative standards in the reguiations. <br />Best Practices <br />I o(45 01/10/97 13:09:49 <br />