Demolition/Abatement Constracts (Folders 1-2)

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a. Grantee Seif-Cert~cation. Recognizing that most FTA grantees have several years experience with the third party contracting requirements of the "common grant rules" (49 CFR perts 18 and 19), FTA intends to rely primarily on grantees' "setf-certifications" that their prncur+ement system meets FTA requirements to support the required finding that a grantee has the technical capaciry to comply with Federal procurement requiretnents. Consequendy, all grantees must "self certify" in the Annual Certification/Assurance Proccss. FTA will monitar oomplianoe as patt of its routine oveisight responsibilities. If FTA becomes aware of circumstances which might invalidate a grantee's self~tification, FTA will investigate and recommend appropriate measures to correct whatever deficiency may exist. b. FTA Pre-award Review of Third Partv Contracts. C~t with a t~edtxed Federal role in its gantees' procurements, FTA intends to rety to a greater exient on the validity of oach grantee's self certif cation rather than on FTA's pre-award review of third party contrgds. Acccordingty, this ci~cutar eliminates FTA pre-award review of third party contracts in favor of periodic, post grant reviews to ensure that gcatstces do in fact comply with Federal requir~ements and standards. Grantees are always frae to request FTA's pre-award review of their prociu~ents. Conveisety, if FTA requests to review the record of a particular procurement, grantees must maice their procurement documents available for FTA's pre-award (or post-award) review. c. Procurement System Reviews. FTA is required by 49 U.S.C. Sec.167;5307 to perfocm reviews and evaluations of grant programs and to perform a full review and evaluation of the performancc of grantees in canying out grant programs with specific reference to their compliance with statutory and administrative requit~ements. Accordingly, FTA will perfonn p~t system revicws as part of its on-going oversight responsibility. FTA may recommend "best practices" in order to assist the grantee in improving its procurement practices. In such cases, FTA will identify such recommendations as •`Advisory." d. FTA Procwement Technical Assistanec. FTA will also provide procurement training and technical assistance at both regional and national levels by offering vmious instructional courses and by issuing an FTA Third Party Procurement Manual. The manual will oontain procurement guidance and "best practices" that grantees may choose to follow in performing their procurement functions. In such cases, FTA will identify such recommendations as "Advisory." e. Contr~act Clauses and Provisions. The MaSter pgreement, issued annually, lists all the FTA and other Federal cross-cutting requirements applicable to FTA grantas. Many of these requirements are relatod to gantce procurements. Further guidance and suggested wording for contract clauses and provisions will be provided in the Third Party Procurement Manual. f. Use of General Services Administration (GSA) Schedules. As a result of the Foderal Acquisition Streamlining Acl, certain gantees will be pecnutted to make piarhases through GSA supply schedules in ~cordance with GSA published procedures. Guidance will be provided in the Third Party Procurement Manual. 6. DEFINITIONS. All defuritions in 49 U.S.C. Sec.167;5302 are applicable to this circular. The foliowing definitions are provided: a"Grantee" means the public or private entity to which a grant or cooperative agreement is awarded by FTA. The grantee is the entire legal eniity even if oniy a particular component of the eniity is designatod in the assistence award document. For the purposes of this aimm~ilar, "g~antee"; aiso includcs eny subgrentee of the gtantee. Furthermore, a grantee is responsible far ass~uing that its subgrantees comgly with the requirements and standards of this circular, and that subgrantees are aware of requirements imposed upon them by Foderal statutes and regulations. b. "State" means any of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the Usrited States, or atry agency or inswmentality of a state exclusive of local governments. "State" dces not include a county, municipality, city, town, township, local public authority (which inciudes any public and Indian ha~sing agency unda the Unitod States Housing Act of 1937) school district, council of governments (whether or not inoorporated as a naiprofit oorporatian ~ader state law), atry other tegional or inttistate government entity (such as a regional transit authoriry), or a~ry agency or instrumentality of a local goveaunent. c. "FTA" refets to the Federal Transit Administration.