Demolition/Abatement Constracts (Folders 1-2)

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The Brooks Act requires that: (1) An offeror's qual~cations be evaluated; (2) Price be excluded as an evaluation factor; (3) Negotiations be conducted with only the most qualified o$'eror, and (4) Failing ag+aement on price, negotiations with the next most qual~ed offeror be conducted until a contract award can be made to the most qualifiai offeror whose price is fair and reasonable to the grantee. This "qualifications based procurement method" can only be used for the procurement of A&E services. This methodof procxa+ea-ait cannot be usad to obtain ot}xr types of savices ev~en though a fum that provides A&E services is also a potential source to perform other types of services. These requirements apply except to the extent any state adopts or has adopted by statute a formal procedure for the procurement of architectural and engineering services. ~ Proc~t By N~itive Proposals (Sole Sounoe). Sole Source procurements are accomplished through solicitation or acceptance of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. A contract amendment or change order that is not within the scope of the original contract is considered a sole source procurement that must comply with ttris subparagraph. (1) Procurement by n~competitive proposals may be usad only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumsiances applies: (a) The item is available only from a single source; (b) The public exigency or emergency for the requirement will not percnit a delay resulting from competitive solicitation; (c) FTA suthorizes noncompetitive ncgotiations; (d) After solicitation of a number of sources, competition is deternuned inadequate; or (e) The item is an associated capital maintenancx item as defined in 49 U.S.C. Sec.167;5307(ax 1) that is procured directly from the original manufacturer or supplier of the item to be replaced. The grantce must first certify in writing to FTA: (i) that such manufacturer ~ supplier is the only source for such item; and (ii) that the pricc of such itcm is no higher than the price paid for such item by like customers. (2) A cost analysis, i.e., veiifying the proposed cost data, the projections of the data, and the evaluation of the specific clements of costs and profit, is requircd. g. tions. Grantces may include options in ca-tracts. An option is a unilateral right in a contract by which, for a specified t~e, a grantee may elect W purchax additional equipment, supplies, or services called for by the contract, or may elect to extend the tetm of the contract If a grantee chooses to use options, the requirements below apply: (1) Evaluation of Options. The option quantities or periods contained in the contractor's bid or offer must be evaluated in order to dete~mine eontract award. When options have not been evaluated as part of the award, the exercise of such options will be considerod a sole source procurement. (2) Exercise of Options. (a) A grantce must ensure that the exercise of an option is in accordance with the tern-s and conditions of the option stated in the initial contract awarded.