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~~ CLARK, LINDAUER, MCCLINTON, FETHERSTON, EDMONDS & LIPPOLD ATTORNEYS ~ Enc B. Lindaucr, P.C. Telephone (503) 581-1542 880 Liberty Street NE Box 220b P O Michael C. McClinton, P.C. F,q~{ (503) 585-3978 . . Salem, Oregon 9730B-2206 Ben C. Fethers~on, Jr., P.C. Internet bfether@teleport.com lames C. Edmonds, P.C. Steven M. Lippold, P.C.* Edward L. Clark,lr. Rebeccs Biermann Tom Renred Sazah R. Troutt Apri11, 1998 •Also ndmined m practxc in Wnshington .IpHN WHITT'INGTON SALEM AREA MASS TRANSIT 3140 DEL WEBB AVE NE SALEM OR 97303-4165 Re: RFP for Development of North Pad Deat John: I have reviewed the draft RFP document prepared by Melvin Mark for the development of the North Pad. I have a couple of over arctung comments, and then a handful of more specific comments. First, some thought should be given, and some documentation prepared, relating to the procurement issues raised by the RFP. There should be a document in your files evaluating which of `~ the procurement procedures are, or are not, applicable to the development of the North Pad. For example, the micropurchase procedure is not apphcable, since the contract amount is not likely to be less than $2,504. Small purchase procedures are unlikely to apply since that procedure applies to the procurement of services, supplies or other property costing more than $100,000. Procurement by sealed bids is unlikely to be applicable, since a complete, adequate and realistic specification is not available and selection is not made primarily on the basis of pnce under a firm-fixed price contract. Sole source proeurement is not applicahle because the justifications defined in FTA Circular 4220.1D §9f are not present. This leaves procurement by competitive proposal, or RFP. My only point here is that you ought to have some memo or other documentation describing the analysis leading to the method of procurement, following FTA's Circular 4220.1D. Next, the competirive proposal process ought to comply with the applicable FTA requirements. The RFP will most likely need to be modified to conform with the applicable FTA procedures. Thus, the RFP must be publicized, and the RFP must contain an identification of all evaluation factors along with the relative importance of each. Therefore, the RFP cannot state, as does the present draft, that the evaluation criteria listed are descriptive and not limiting, and the develogment team may also consider any other factors even if not listed. That is not appropnate under FTA procedures. Therefore, the RFP needs to contain a complete listing of all evaluation factors, and it needs to identify the relative importance of each. In general, you should review FTA Circular 4220.1D §9d, and §4.5 of the Best Practices Procurement Manual. I would be glad to work with you and with Melvin Mark in reviewing these requirements and seeing that they are appropriately incorporated into the RFP. Next, the RFP needs to conform to the applicable requirements of the joint development policies established by FTA. Thus, the resQonsive proQosal must be able to estabiish that, if selected, the '""' development would be eligible under FTA policies. For example, the proposal should identify how it