Demolition/Abatement Constracts (Folders 1-2)

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FTA Circular 4220.1D: Third Party Contracting Requirement~ April 15,1996 1. PURPOSE. This cinvlar sets forth the requirements a grantee must adhere to in the solicitation, eward and administration of its third party contracts. These requirements are based on the common grant rules, Federal statutes, Executive orders and their implementing regulations, and FTA policy. 2 CANCELi.A1TON. This cinoular cancels FTA Circular 4220.1 C; "Third Party Contracting Requirements," dated 10-1-95. 3. REFERENCES. e. Federal Transit Laws, 49 U.S.C. Chapter 53. b. Intecmodal Surface Transportation Efficiency Act of 1991 (ISTEA), P.L. 102-240. c. Sactions 4001 end 1555 ofthe Federal Acquisition Streamlining Act of 1994, 41 U.S.C. Sec.167; 403(11) and 40 U.S.C. Sec.167; 481(b), respectively, d. 49 CFR part 18, Unifoim Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. e. 49 CFR part 19, Unifoim A~ninistrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nott-Profit Organizations. f. Executive Order 12612, "Fedecalism," dated 10-26-87. g. FTA Master Agreement 4. APPLICABILITY. Ttris circulsr applies to all FTA grantees and subgrantxs that contract with outside sources under FTA assistance progams. ffa grantee accepts operating assistance, the requirements of this circular apply to aU transit-related third party pimcha9e acders and contracts. These requirements do not apply to procurements undertaken in support of capital projects comPl~ely ecoomplished without FTA fimds a to those operating and planning contracts awarded by grantees that do not receive FTA operating and planning assistance. a. States. When procuring prope~ty and services under a grant, a State will follow the same procurement policies and prooachu~es that it uses for procxuanaus using non•Federal funds. States must, as a minimum, comply with the requirements of paragraphs 7m, 8a and b, and 9d of this circular and enst~re that every ptu+ehase order and contract executed by it or a subgantae using Federal funds includes all clauses required by Federal statutes and exxutive orde~s and their implementing regulations. Subgrant~aes of states (excluding instidrtions of higher education, hospitals or other non-profit organizations) shall follow state law and procedw+es when awarding and administering contracts. Regional transit suthorities are not state agencies or insirumentalities for purposes of this circular. ff a h~t~sit authonly raoeives funds both as a ditect grantee and as a subgraniee firom a State, the State may pe~Tnit the transit authoriry to foIlow the requirements of this circular instead of State procwrement requirements. b. Other Recipients. Subgrantxs of states which are institutia~s of higlur education, hospitals or other nonprofit organiz.ations, and all other FTA grantees will administer contracts in accordance with this circular. 5. POLICY. FTA's role in gantee proctmments is refloctive of Execudve Order 12612, Federalism, which directs Federal eg~Cies tio refrain fran substiwting their judgtnau for that of their recipicnts unless the matter is primarily a Foderal concern and to defer, W the maximum extent feasible, to the States w establish standards rath~r than setting national standards. The Natianal Perfa~nanoe Revieuv Team and FTA grantees and ttieir contractas have requested FTA to clarify the requirements applicable to grantee procurements. In response, F'I'A has decided to reduce its role in grantee third party procurement activity in ~everal important respects. At the same time, to ensvre compliance with Federal procurement requirements, FTA intends to make guidance and technical assistance more accessible to its grantces consistent with its Federal oversight responsibilities.