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Third Party Procurement

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Conducting Negotiations After Rejecting Bids

Frequently Asked QuestionsQ. Can we reserve the right to not accept the lowest responsible/responsive bid and instead negotiate a lower price with that entity? I have found no express prohibition in Circular 4220.1F; however, the "experts" here are of two minds on the issue: One side argues that to...

Clean Air Requirements

Frequently Asked QuestionsQ. Are there "Clean Air" standards that apply to the procurement of vehicles under FTA Guidelines?

A. The "clean air" requirements for grantee contracts are discussed in the Best Practices Procurement Manual (BPPM), Appendix A, Clause No. A.7, "Clean Air Act and Federal...

CM At-Risk

Frequently Asked QuestionsQ. A local agency has an RFP out for a CM At-risk Project, which is very similar to a design-build project in that it requires a team composed of an AE and General contractor. The RFP caps the overhead rate at 2.4. Is that legal under FTA circular 4220.1E? Please refer to...

Civil Rights Requirements

Frequently Asked QuestionsQ. FTA previously had a circular that dealt with the employment requirements for third party contractors as it related to work hours for minorities and females. What is the circular number and where can a copy be obtained?

A. The Circular you referenced is the Equal...

Changes to Grants

Frequently Asked QuestionsWe originally applied for 46 vans to expand our fleet, based on our belief at the time that we needed additional capacity that required all 46 vans.  After the grant was awarded, we then determined that we did not need all 46 vans for expanded service, but instead...

Change Orders

Frequently Asked QuestionsQ. We awarded an A&E design contract for a new Greyhound Depot that would also include commercial space. Design and eventual construction would utilize FTA funding. The original program said approximately 8,000 to 9,000 square feet for Greyhound and 22,000 square feet...

Certifications for Third Party Contractors

Frequently Asked QuestionsQ. What pre-award procurement certifications and assurances are required for a “small purchase”? Are the certifications and assurances described in FTA Circular 5010.1D required for a “small purchase”?

A. The certifications and assurances described in FTA Circular 5010....

Buying Used Vehicles

Frequently Asked QuestionsQ. We have grant funds to purchase two used commuter style buses to be used on a new subscription service route. Is it possible to bid on buses being sold by another transit agency or a private firm or individual? Will bidding on used buses satisfy the open competition and...

Buying Fuel

Frequently Asked QuestionsQ. We have a grantee that inquired about whether its method for procuring diesel fuel using two options meets FTA requirements. The procurement approach is the grantee's effort to achieve, in the wake of volatile fuel markets, full and open competition as well as...

Buy America

Frequently Asked Questions

Please Note: The bulk of this question and answer text is currently under review and will be published as soon as available.

Q. Has FTA incorporated and flowed down to its regional offices the instructions as outlined by OMB in OM-18-18 dated June 20, 2018,...