Demolition/Abatement Constracts (Folders 1-2)

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h. Awards to Responsible Contractors. Grantees shall make awards only to responsible contractors possessing the ability to perform successfully under the tert~s and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, racord of past performance> and financial and technical resources. i. Written Record of Procurement Histoty_, Grantees shall maintain records detailing the history of a procurement. At a minimum, these records shall include; (1) the rationaie for the method of procurement, (2) selection of contract type, (3) reasons for contractor selecti~ or rejection, and (4) the basis for the contract price j. Use of Time and Materials Type Contracts. Grantees will use time and material type contracts only: (1) Atier a determination that no other type of contract is suitable; and (2) If the contract specifies a ceiling price that the contractor shall not exceed except at its own risk. k. Responsibility for Settlement of Contract Issues/Disputes. Grantces alone will be responsible in accordance with good administrative practice and sound business judgment for the settlement of all contractual and administrative issues arising out of procurements. T't~ese issues include, but are not limitod to, source evaluation, protests, disputes, and claims. These standards do not relieve the grantee of any contractual responsibility under its contracts. FTA will not substitute its judgment for that of the grantee or subgrantee, unless the matter is primarily a Federal concem. Violations of the law will be refeired w the local, State, or Federal suthority having proper jurisdiction. 1. Written Protes~t Procedures. Grantces shall have written protest procedures to handle and resolve disputes relating to their procurements and shall in all instanxs disclose information regarding the protest to FTA. All protest decisions must be in writing. A protester must exhaust all administrative remedies with the grentce before pursuing a protest with FTA. Reviews of protests by FTA will be limited to a grantce's failure to have or follow its protest procedures, or its failure to review a complaint or protest. An appeal to FTA must be received by the cognizant FTA regional or Headquarters Office within five (5) working days of the dste the protester lrnew or shouid have lrnown of the violation. Violations of Federal Iaw or regulation wili be handle~ by the complaint process stated within that law or regulation. Violations of State or local law or regulations will be under the jurisdiction of State or local authorities. m. Contract Period of Performance Limitation. Grantees shall not tnter into any contract with a period of performance excceding five (5) years inclusive of options without prior written FTA approval. 8. COMPETTTION. a. Full and Open Com ition. All procurement transactions will be conducted in a manner providing full and open competition. Some of the situations considered to be restrictive of competition include, but are not limited to; (1) Unreasonable r~quirements placod on fums in order for them to qualify to do business; (2) Unnecessary ~xperienoe and excessive bonding requirements; (3) Noncompetitive pricing practices between fi~ms or between affiliated companies; (4) Noncompetitive awards to any pecson or fum on retainer contracts;