|
Standard Agreement DOT -213 City of Santa Ana
<br />642572
<br />Page 20 of 29
<br />EXHIBIT C
<br />V. CONTRACTOR must have written protest procedures covering the pre -bid /pre - proposal, post
<br />proposal, and post award processes, and shall in all instances disclose to all bidders the
<br />CONTRACTOR's protest and the STATE's appeal procedures. All CONTRACTOR's protest decisions
<br />must be dated and in writing. A protester must exhaust all administrative remedies with the
<br />CONTRACTOR before pursuing an appeal with the STATE. Reviews of protests by the STATE will be
<br />limited to:
<br />a. CONTRACTOR's failure to have or follow its own protest procedures, or Its failure to review a
<br />complaint or protest
<br />b. Violations of the Federal or State law or regulation.
<br />An appeal to the STATE must be received or postmarked ten (10) calendar days (includes mailing
<br />time) from the date of the protest decision (See Exhibit A, 2 for contact person and his /her address).
<br />45. Bid Proposal and Contract Award. All bid solicitation documents, proposed vendor selection and request
<br />for non - competitive bid must be reviewed and approved by the STATE prior to the award of the contract.
<br />No award shall be made without the written approval from the STATE, The CONTRACTOR (or
<br />procurement agent acting on its behalf) shall prepare the bid documents, solicit and receive competitive
<br />bids or proposals, shall evaluate the bids or proposals received, and shall select the lowest price compliant
<br />bid for award.
<br />A. The CONTRACTOR (or procurement agency acting on its behalf) shall forward to the STATE, at least
<br />thirty (30) days prior to the release of the bid solicitation, a copy of the bid solicitation document
<br />proposed contract, and bidders list.
<br />B. Prior to contract award, the CONTRACTOR (or procurement agency acting on its behalf) shall forward
<br />to STATE a list of all bids, proposals, or price quotations received, a copy of the selected bid or
<br />proposal, copy of the bids or proposals of all those whose prices are lower than the selected vendor's,
<br />an explanation of the basis for selecting the selected vendor and for rejecting lower bids (if any), In
<br />the case of a single bid, sole source, or negotiated price contract, this shall include a statement by the
<br />CONTRACTOR that the price is fair and reasonable and the basis for that determination (FTA Circular
<br />C 4220.1 F "Third -party Contracting Guidance ").
<br />46. FTA Regula ions Policies Procedures a Dire tives. The CONTRACTOR shall at all times comply with
<br />all applicable FTA regulations, policies, procedures and directives, Including without limitation those listed
<br />directly or by reference In the Agreement (Form FTA MA (15) dated October, 2008) between the STATE
<br />and FTA, as they may be amended or promulgated from time to time during the term of this Agreement.
<br />The CONTRACTOR's failure to so comply shall constitute a material breach of this Agreement, In the
<br />event any portion, term, condition or provision of this Agreement should be deemed illegal or in conflict
<br />with the laws of the State of California or with Federal law or otherwise be unenforceable, the remaining
<br />portion, terms, conditions or provisions shall not be affected thereby.
<br />47, Amendments to Federal, State and Local Laws Regulations and Directives. The terms of the most
<br />recent amendment to any Federal, State, or local laws, regulations, FTA directives, and amendments to
<br />the grant or cooperative contract that may be subsequently adopted, are applicable to the PROJECT to
<br />the maximum extent feasible, unless FTA provides otherwise in writing.
<br />48. Disposition of Equipment. The disposition of all PROJECT equipment shall be made in accordance with
<br />the requirements of 49 C.F.R. Part 19, "Uniform Administrative Requirements for Grants and Agreements
<br />with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations" and FTA C 9070.1 F
<br />(Section 5310) and 49 U.S.C. § 5310. Whenever any PROJECT equipment is withdrawn from the
<br />PROJECT for any reason, the CONTRACTOR shall immediately notify the STATE. Should the PROJECT
<br />be terminated, all property procured under this agreement becomes property of the STATE and may be
<br />ft Rev. 03/2512014
<br />W
<br />20A -25
<br />
|