Common use of Solicitation Process Clause in Contracts

Solicitation Process. The Lead Agency will, according to this Agreement and the resulting solicitation documents jointly developed and agreed upon by the Parties, receive from each Purchasing Entity specifications for the Goods and a detailed schedule of Goods by contract year that each Purchasing Entity is interested in purchasing during the life of its contract with the successful bidder. The Lead Agency will solicit competitive bids for the Goods in accordance with State of North Carolina General Statute §143-129, 49 CFR Part 18.36 (the Common Rule), and Federal Transit Administration (FTA) Circular 4420.1F (Third Party Contracting Guidance). The solicitation process will allow any of the Parties to exercise its right to purchase said Goods based on its stated needs for the base and option years, as appended to this and any other agreements related to this procurement action. The Lead Agency will use its usual procedures for such solicitations, as long as they comply with the rules cited above and the Purchasing Entities’ usual procedures. The Parties agree that the Lead Agency may use internet advertising pursuant to its own procedures and may forgo requiring bid bonds and performance bonds. If any of the Purchasing Entities require different procurement, solicitation and/or advertising procedures (“Special Requirements”), the Lead Agency agrees to accommodate such needs so long as the requesting Purchasing Entity provides, in writing, sufficient advanced notification of the Special Requirements to the Lead Agency. The requesting Purchasing Entity shall be responsible for the cost associated with any Special Requirements. The Lead Agency shall make all solicitation and bid documents, including but not limited to, the ICE, the Invitation for Bid, all bids received, all required bid certifications, the bid evaluation, bidder responsiveness and responsibility checks, confirmation from the System for Award Management of non- debarment of the selected bidder and the summary of the solicitation and selection results available to the Purchasing Entities. Before accepting the bid of the apparent lowest, responsive and responsible bidder, the Lead Agency will provide a reasonable period of time for the Purchasing Entities’ review and approval of a FTA-compliant price analysis it performed on all quantities of Goods for base and option years and equipment options.