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CHANGE ORDER FORM
Date: Contract No: Change Order No.:
Owner: _ OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS
Contractor:
Description of this summary change:
CHANGE TO CONTRACT PRICE
DESCRIPTION : : AMOUNT
Original Contract Price:
Net change by previously authorized Change Orders:
Present Contract Price:
This Change Order will (add/deduct):
New Contract Price:
CHANGE TO CONTRACT TIME
DESCRIPTION DATE or NUMBER OF DAYS
Original Contract Date:
Original Substantial Completion Date:
Net change by previously authorized Change Orders:
This Change Order will (add/deduct):
New Contract Date:
New Substantial Completion Date:
APPROVALS
REQUESTED BY: DATE:
PROJECT ENGINEER: DATE:
CONTRACTOR: DATE:
OWNER: DATE:
This Change Order is an amendment to the Contract / Agreement between Contractor and the
Owner, and all other contract provisions shail remain in full force and effect unless specifically
amended in writing, signed by both parties.
46
CONTRACT CONTROL NUMBER
C83-0013-RM
c 83 0013 RM
Contract FY Consecutively Department
Assigned
Control #
LEASE CONTROL NUMBER
L90-0114-AP
L 90 0114 AP
Lease FY Consecutively Department
Assigned
Control #
CONTRACT, LEASE, AGREEMENT CONTROL FORM
Date:
Contract/Lease Control #:
Bid #:
Contract/Lease Type:
Award To/Lessee:
Lessor:
Effective Date:
Term:
Description of
Contract/Lease:
Department:
Department Monitor:
Monitor's Telephone #:
Monitor's FAX # or E-mail:
Date Closed:
cc: Finance Department Contracts & Grants Office
48
CONTRACT & LEASE INTERNAL COORDINATION SHEET
Contract/Lease Number: Tracking Number: ____
Contractor/Lessee Name: Grant Funded: YES___. NO___
Purpose:
Date/Term: 1. (.] GREATER THAN $50,000
Amount: 2. [) GREATER THAN $25,000
Department: 3. [1] $25,000 OR LESS
Dept. Monitor Name:
Document has been reviewed and includes any attachments or exhibits.
Purchasing Review
Procurement requirements are met:
Date:
Purchasing Director or designee
Risk Management Review
Approved as written:
Date:
Risk Manager or designee
County Afforney Review
Approved as written:
Date:
County Attorney
Following Okaloosa County approval:
Contract & Grant
Document has been received:
Date:
Contracts & Grants Manager
49
EMERGENCY
Contract / Lease Form
Contractor/Lessee Name:
Purpose:
Date/Term:
Amount:
Department:
Justification must be given as to why the above referenced contract/lease is considered an emergency
and therefore NOT in accordance with the approved Okaloosa County’s contract/lease policy and
procedures.
Approved:
Department Director Date
County Administrator Date
Purchasing Director Date
50
CONTRACT CLOSE-OUT CHECKLIST
(To Be Prepared by the Purchasing Services Coordinator)
DATE:
TO: Contracts & Grants Manager, Finance Department Contracts & Grants Office
SUBJECT: Contract No.
MANAGING DEPARTMENT:
CONTRACTOR'S NAME:
PROJECT TITLE:
The attached has met the final payment contract requirement in subject contract.
Yes No
1. Final Invoice O ma
2. Completed Contract/Lease Payment Approval Form oO O
3. Close-Out Documents Yes No N/A
a. Signed Release of Lien Cl C] im
b. Proof of Completion Advertisement [ C] im
c. Certificate of Insurance im [] C]
d. Consent of Surety to Final Payment Cl L] []
e. Proof of Performance/Payment Bond O Oo C
Continuation 12 Months Following
Final Payment
Yes No
4. Agenda Request oO i
5. Remarks
Purchasing Services Coordinator DATE
51
CONTRACT/LEASE
PAYMENT APPROVAL FORM
COMPLETE AND FORWARD TO THE NEXT DEPARTMENT
E
&
— ——
COMPLETED BY DEPARTMENT
DATE:
VENDOR NAME: VENDOR #:
CONTRACT/LEASE #:
VENDOR TASK COUNTY/FEMA BUDGET ACCOUNT # AMOUNT $
INVOICE# ORDER # PROJECT # DEPARTMENT #
(if Applicable) (ff Applicable)
TOTAL
APPROVED FOR PROGRESS PAYMENT (please sign, as applicable and date)
CONTRACTOR’S ENGINEER/ARCHITECT/PROJECT MANAGER: DATE:
COUNTY SUPERVISOR/PROJECT MANAGER: DATE:
DEPARTMENT DIRECTOR: DATE:
CONTRACTS & GRANTS MANAGER: DATE:
COUNTY ADMINISTRATOR: DATE:
(Payments> $25,000.)
E J]
FINAL PAYMENT
FINAL PAYMENT YES. NO (If “Yes”, forward to Purchasing Services Coordinator for Close-Out)
DATE: PURCHASING DIRECTOR
(Per Initial Agreement)
DATE: CONTRACTS & GRANTS MANAGER
(All Contracts)
DATE: COUNTY ADMINISTRATOR APPROVAL
(Per Initial Agreement)
DATE: BOARD APPROVAL
{Per Initial Agreement) —
E j
COMPLETED BY FINANCE — ACCOUNTS PAYABLE ONLY
FISCAL YEAR:
DATE RECEIVED:
REVIEWED BY:
52
CONTRACT/LEASE
PAYMENT APPROVAL FORM
INSTRUCTIONS
Contract/Lease (Agreement) Payment Approval Form must be used for any lease or contract payment
Department Responsibilities:
1.
8.
Initiates the Payment Approval Form completion process by completing Department section
and then forwarding to the Contracts & Grants Manager for Progress Payments only. For final
payments, see section 7 below.
identifies the Vendor/Contractor Name and Vendor Number.
Lists the contract/lease number.
Attach the Vendor/Contractor invoice along with all supporting documentation for a pre and
post audit. This must be an invoice and not a statement. [f pursuant to a task order contract,
invoice should reference task order number, authorized amount, prior paid amount, current
amount due and task order balance remaining.
Identify appropriate budget, account and amount information for payment.
Obtain approval of all signatories approving this payment, as identified below.
on Contractor's Engineer/Architect/Project Manager: Signs the form verifying that the work
on the invoice has been completed in accordance with the terms and conditions of the
agreement.
b. County Supervisor/Project Manager: A County-designated employee or consultant signs
the form verifying that the work on the invoice has been completed in accordance with
the terms and conditions of the agreement and that the payment request on the invoice
is proper and due.
c. Department Director: Signs the form verifying that the work on the invoice has been
completed in accordance with the terms and conditions of the agreement, including
verification of contract rates, and that the funds are appropriately budgeted and
available. Signs and approves all payments including final payment.
Final payments shall be forwarded to the Purchasing Services Coordinator for final payment
authorization and close-out in accordance with the policies and procedures herein.
Finance Department Contracts & Grants Office Responsibilities:
1.
Finance Department Contracts & Grants Office signs the form verifying that an original
agreement is on file in the Clerk's Office and that the accounting codes are appropriate.
Finance Department Contracts & Grants Office shall forward all fully executed forms for progress
payments up to and including $25,000 to the Accounts Payable Department who verifies the
form(s) have all the required approvals and signatures prior to authorizing payment.
Finance Department Contracts & Grants Office forwards to the County Administrator to sign and
approve all progress payments in excess of $25,000. County Administrator also signs final
payments for contracts initially authorized by him/her. Fully executed forms are forwarded to
53
Finance Accounts Payable Department, which shall verify that the form includes all the required
approvals and signatures before authorizing payment.
Finance Department Contracts & Grants Office shall forward the fully executed Final Payment
forms from the Purchasing Director who signs and approves only the final payments on initial
contracts authorized by him/her to Finance Accounts Payable Department for review and
payment.
Finance Department Contracts & Grants Office forwards all other final payments for contracts
initialy authorized by the Board BCC Records in support of the agenda for Board approval. Fully
executed forms are forwarded to Finance Accounts Payable Department for review and
payment.
54
NOTICE OF COMMENCEMENT
STATE OF FLORIDA
COUNTY OF OKALOOSA
The undersigned hereby informs all concerned that improvements will be made to certain real property and, in accordance with
Section 713.13 of the Florida Statutes: the following information is stated in this NOTICE OF COMMENCEMENT:
LEGAL DESCRIPTION OF PROPERTY TO BE IMPROVED (if lengthy, attach copy)
Street Address (if any)
General Description of improvements
Owner Okaloosa County Board of County Commissioners Owner's Interest 100%
Address__302 N. Wilson St. Crestview, Florida 32536
Fee Simple Titie Holder (If other than Owner}__NA
Address__NA
GENERAL CONTRACTOR
Name.
Address.
Surety Bond__NA
Address__NA Amount of Bond $_ NA
NAME AND ADDRESS OF FINANCIAL INSTITUTION MAKING A LOAN FOR THE CONSTRUCTION OF THE ABOVE IMPROVEMENTS
Name__NA
Address_ NA
PERSONS WITHIN THE STATE OF FLORIDA DESIGNATED BY OWNER UPON WHOM NOTICES OR OTHER DOCUMENTS MAY BE SERVED AS
PROVIDED BY SECTION 713.13(1)(a)7, FLORIDA STATUTES
Name__ Finance Department Contracts & Grants Office
Address_Clerk of Courts, 1804 Lewis Tumer Blyd., Ft. Walton Beach FL_32548
IN ADDITION TO HIMSELF, OWNER DESIGNATES THE FOLLOWING PERSON TO RECEIVE A COPY OF THE LIENOR'S NOTICE AS PROVIDED
IN SECTION 713.13(1)(b), FLORIDA STATUTES (FILL IN AT OWNER'S OPTION).
Name__ Purchasing Services Coordinator
Address _602-C North Pear Sireet, Crestview, FL 32536
EXPIRATION DATE OF NOTICE OF COMMENCEMENT (THE EXPIRATION DATE IS 1 YEAR FROM THE DATE OF RECORDING UNLESS A
DIFFERENT DATE IS SPECIFIED).
THIS SPACE FOR RECORDER'S USE ONLY {attest to the coreciness of the information above.
Authorized Department Signature
The foregoing instrument was acknowledged before me this day of
CO, by . who is
personally known to me or who has produced as
identification and who did/did not take an oath.
NOTARY PUBLIC
MY COMMISSION EXPIRES
55
TASK ORDER APPROVAL FORM
CONTRACT #:
TASK ORDER #: TASK ORDER AMOUNT: $
OFFERED BY CONSULTANT:
FIRM'S NAME
REPRESENTATIVE’S PRINTED NAME
SIGNATURE
TITLE DATE
RECOMMENDED FOR APPROVAL APPROVED BY OKALOOSA COUNTY
(Department Director) (Per Purchasing Manual)
« $25,000 or less approved by Purchasing Director
¢ Between $25,001 and $50,000 approved by
Purchasing Director and County Administrator
« In excess of $50,000 approved by the Board.
SIGNATURE PURCHASING DIRECTOR
TITLE DATE
DATE
COUNTY ADMINISTRATOR (if applicable) CHAIRMAN (if applicable}
CONTRACT/LEASE RENEWAL FORM
Date:
Company Name
Attn:
Address
City, State, Zip
RE:
Dear
The Okaloosa County agrees to renew the subject contract/lease,
# for an additional term. The contract renewal period will be _
to . The annual budgeted amount for this contract is
$
If you are in agreement, please sign below and return this form along with a current
Certificate of Insurance listing Okaloosa County as co-insured (if applicable).
COUNTY REPRESENTATIVES AUTHORIZED COMPANY REPRESENTATIVE
Dept. Director Contractor:
Signature:
Approved By: Approved By:
{as prescribed below on item 1)
Title: Title:
Date: Date:
County Department instructions:
1) Obtain signatures from Department Director, authorized Company Representative and then Purchasing
Director <$25K and less, County Administrator <$50K and less or Board >SS5OK, as necessary. If Board
approval is required, the Chairman and County Administrator's signatures are required. Make sure the
company provides a current Certificate of Insurance. (if applicable).
2) Keep a copy of this form for your records.
3) Send original to Purchasing Services Coordinator.
If you have any questions please contact the Purchasing Director at 850-689-5960, Fax: 850-689-5998,
57
OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS
COUNTY ISSUED WIRELESS COMMUNICATION DEVICE
USAGE AGREEMENT CERTIFICATION
COUNTY OFFICIAL/EMPLOYEE CERTIFICATION
! hereby certify by my signature that | have read and understand the County policy for Wireless
Communication Device; that | understand the requirements contained therein; and that | agree to
comply with the requirements of the policy as now written or amended in the future.
Printed Name of Authorized User:
Signature of Authorized User: Date:
Name of Department:
Type of Equipment Requested: CIRCLE ALL THAT APPLY
Smart Phone, PDA (Blackberry), Cellular, Push to Talk Radio {Link}, Pager, Air Card
APPROVED BY:
Department Director’s Signature: Date:
Information Systems Department: Date:
Requesting Department complete the following information & fax to:
Purchasing Dept. @ 850-689-5970
Wireless Communication Device: Mfr Model
Serial #: Wireless Telephone #:
58
CONFLICT OF INTEREST DISCLOSURE FORM
For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any
Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is
also an owner, corporate officer, agency, employee, etc., of their business.
Indicate either “yes” (a county employee, elected official, or agency is also associated with your
business), or “no”. If yes, give person(s) name(s} and position{s) with your business.
YES. NO
NAME(S) POSITION(S)
FIRM NAME:
BY (PRINTED):
BY (SIGNATURE):
TITLE:
DATE:
ADDRESS:
PHONE NO.
E-MAIL
59
NO CONTACT CLAUSE
The Board has established a solicitation silence policy (No Contact Clause) that prohibits oral and
written Communication regarding all formal solicitations for goods and services (formal bids, Request for
Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department.
The period commences when the procurement document is received and terminates when the Board
approves an award.
When the solicitation silence period is in effect, no oral or written communication is allowed regarding
the solicitation between prospective bidders/proposers and members of the Board, the County
Administrator or members of the Board Approved Review Committee. All questions or requests for
information regarding the solicitation must be directed fo the designated Purchasing Representative
listed in the solicitation.
Any information thought to affect the committee or staff recommendation submitted after bids are
due, should be directed to the Purchasing Director or his appointed representative. It shall be the
Purchasing Director's decision whether to consider this information in the decision process.
Any violation of this policy shall be grounds to disqualify the proposer from consideration during the
selection process.
All proposers must agree to comply with this policy by signing the following statement and including it
with their submittal.
I representing
Signature Company Name
on this day of , 20__hereby agree to abide by the County's “No Contact Clause” and
understand violation of this policy shall result in disqualification of my proposal/submittal.
60
SELECTION COMMITTEE MEMBER INSTRUCTIONS
You have been selected to serve on a Board-approved Review and Recommendation
Committee for services for Okaloosa County.
1.
2.
Note:
You will be given a copy of all proposals received for this service.
You are required to read and review each proposal, make written notes as to the proposal
meeting the following criteria:
a. Did the response meet the requested format?
b. Did the proposal include all required documentation?
c. Does this firm seem capable of producing the services requested?
Fill out the provided ranking sheet for each firm.
At a duly noticed meeting, all Committee Members will discuss the strengths and
weaknesses of each firm. No discussion may be conducted between Commitiee Members
related to the proposals except during the duly noticed meeting.
All Committee Members will submit their signed ranking sheet to the Committee Chair or the
Purchasing representative.
A consensus ranking will be prepared for attachment to the Board agenda
recommendations to be presented at the next Board meeting.
Upon approval by the Board, the Purchasing Director shall notify all firms submitting proposals of
the Board action.
The Board has adopted a No Contact Clause prohibiting contact by potential
bidders/proposers from contacting any committee members effective on the date
bids/proposals are due. Committee members shall report any violations to the Purchasing
Director.
Any questions directed to any Committee Member by a proposer should be directed to the
Purchasing Director.
61
SOLE SOURCE PURCHASE DATA SHEET
Date: PR No.: Requestor: Phone No.:
Department/Division:
Item Description:
Requesting Department's Suggested Vendor:
Vendor's Address:
Vendor's Telephone No.: Point of Contact:
Sole Source Justification:
Requesting Department Director Signature Date
REVIEW BY PURCHASING DEPARTMENT
VERIFY IF OTHER SOURCES OF SUPPLY MEETS THIS NEED
Vendor #1 Contact: Phone No.:
Vendor #2 Contact: Phone No.:
Vendor #3 Contact: Phone No.:
Buyer Comments:
Signature of Buyer Who Reviewed Date
Purchasing Services Coordinator Comments:
Purchasing Services Coordinator Signature Date
PURCHASING MANUAL - SOLE SOURCE DETERMINATION
Comments:
Approve: Disapprove:
Amount of Purchase: Date:
Purchasing Director Signature Date
OKALOOSA COUNTY PURCHASING CARD EXPENDITURE REPORT
Below is an account of all Purchasing Card expenditures for:
Name of Employee/Department
Purchasing Card Number
For the month of
DESCRIPTION OF ITEMS
DATE | VENDOR | PURCHASED
AMOUNT
DEPT. ACCOUNT
NUMBER __| NUMBER
PURPOSE OF
TRANSACTION
DATE GOODS/
SERVICES RECEIVE!
| HEREBY CERTIFY THAT ALL PURCHASES CONTAINED HEREIN WERE FOR OFFICIAL OKALOOSA COUNTY BUSINESS, WERE MADE IN
ACCORDANCE WITH RULES AND DIRECTIVES, AND THAT | HAVE REVIEWED THIS LOG AND IT CORRECTLY REFLECTS THE CARD
RECEIPTS ENCLOSED.
SIGNATURE OF CARDHOLDER
DATE
SIGNATURE OF REVIEWER
DATE
DELIVER TO: OKALOOSA COUNTY COURTHOUSE - FINANCE OFFICE, 302 N. Wilson Street, Suite 203 Crestview FL 32536
63
LOST OR STOLEN PURCHASING
CARD REPORTING FORM
TO: PURCHASING DEPARTMENT
FAX: 850-689-5037
FROM:
PHONE:
URGENT MESSAGE
PLEASE DELIVER THIS FACSIMILE
IMMEDIATELY
EMPLOYEE NAME:
PURCHASING CARD NO.:
DATE CARD WAS
LOST/STOLEN:
(If unknown, report
today’s date}
TIME CARD WAS
LOST/STOLEN:
(If unknown, report
time this form was
completed))
LAST KNOWN
LOCATION OF
CARD:
LAST KNOWN
TIME CARD WAS
USED: (indicate location
and date of last charge}
REMARKS:
64
PURCHASING CARD MAINTENANCE FORM
DATE:
DEPARTMENT:
PHONE $ AMOUNT
EMPLOYEE'S NAME NUMBER CARD NUMBER REQUESTED
MAINTENANCE REQUESTED (Circle as needed}
[] ADD CARDHOLDER {Fill out above)
CJ DELETE/CANCEL ACCOUNT
(Account #)
[-] _ RAISE/LOWER LIMIT
(Existing amount)
[] OTHER (explain)
Authorized By.
(Department Director)
Fax Back To: 689-5037 (Purchasing Department)
65
Approved by:
Cardholder Signature:
Company Name:
Cardholder Name:
Cardholder Account Number:
OKALOOSA COUNTY
BOARD OF COUNTY COMMISSIONERS
PURCHASING CARD DISPUTE FORM
Statement Date
Transaction Date Merchant Name/Description
Amount
Posting Date Reference Number
Check the description most appropriate to your dispute. If you have any questions, contact
1.
10.
Alteration of Amount:
The amount of the sales draft has been altered from $ to §
(Please include copy of sales draft)
Unauthorized Mail or Phone Order:
| certify the charge listed above was not authorized by me or any person authorized by
me fo use this account. | have not ordered merchandise by phone or mail or received
goods and services as represented above,
Cardholder Dispute:
I did participate in the above transaction: however, | dispute the entire charge, or a
portion, in the amount of §. because:
Credit Not Received:
The merchant has issued me a credit slip for the transaction listed above; however, the
credit has not been posted to my account. The date on the voucher is between 30 and
90 days ald. (Please include a copy of the credit voucher.)
Imprinting of Multiple Slips:
The above transaction represents multiple billing to my account. | only authorized one
charge from this merchant for $ - !am still in possession of my card.
Merchandise Not Received:
My account has been charged for the above transaction, but | have not received this
merchandise. | have contacted the merchant.
Merchandise Not Received:
My account has been charged for the above transaction, but | have since contacted
this merchant and canceled the order. | will refuse delivery should the merchancise still
Merchandise Returned:
My account has been charged for the transaction listed above, but the merchandise
has been returned. Provide a description of the circumstances. (Please include postal
Inadequate Description/Unrecognized Charge:
i do not recognize this charge. Please supply a copy of the sales draft for my review.
1am no longer disputing this charge.
66
OKALOOSA COUNTY
PURCHASING CARD AGREEMENT
, agree to the following regarding my use of the Purchasing Card:
{Print Name)
| understand that | am being entrusted with a valuable tool and will be financially
obligating Okaloosa County and will strive to obtain the best value for the taxpayers of
Okaloosa County.
| understand that under no circumstances will | use the Purchasing Card to make
personal purchases. Willful intent to use the Purchasing Card for personal use may result
in disciplinary actions, including termination of employment.
| will follow the established procedures for using the Purchasing Card. Failure to do so
may result in the revocation of my use privileges or other disciplinary actions.
Additionally, | will follow all County purchasing requirements.
| have read the Purchasing Card provisions contained in the Purchasing Manual and
understand the requirements for using the Purchasing Card.
| agree that should | violate the terms of this Agreement and use the Purchasing Card for
personal use or gain, | will reimburse the County for all incured charges and any fees
related to the collection of those charges.
Employee Name (Print)
Employee Signature/Date
67
BID ATTACHMENTS
The following are requirements that shall be included in all bid specifications (Special Conditions
section) for projects that are funded through/by the U.S. Department of Transportation, Federal
Transit Administration. Additional FTA requirements that may be required can be found in the
matrix located in Appendix A. Okaloosa County reserves the right to reject any/all bids that are
submitted incomplete or without these documents.
1.
10.
oN BF OH FWD
Buy America
Bus Testing
Lobbying
Clean Air
Civil Rights
Bid Protests
Government Debarment and Suspension
Fraud
The Purchasing Director has the authority and responsibility to ensure Federal requirements
are met regarding all procurements of goods and services utilizing FIA Funds. That person
will also have the ability to stop any procurement activity if it conflicts with Federal
procurement practices.
The Okaloosa County Coordinated Transportation Office shall ensure that all required
portions of the Uniform Administrative Requirements for Grants & Cooperative Agreements
(49CFR-Part 18 & Circular 4220 are complied with.
The Purchasing Department & Okaloosa Coordinated Transit will maintain current copies of
the above documents and familiarize themselves with the requirements.
Okaloosa Coordinated Transit shall maintain a written record of all purchases utilizing FTA
funds showing the purpose of the expenditure.
68
FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS
UNDER 49 CFR, PARTS 18 AND 19,
AND CIRCULAR 4220
BUY AMERICA - The contractor agrees to comply with 49 U.S.C. 5323(j} and 49 CFR Part 661 which
provide that Federal funds may not be obligated unless steel, iron, and manufactured products
used in FTA-funded projects are produced in the United States, unless a waiver has been granted
by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7
and include final assembly in the United States for 15 passenger vans and 15 passenger wagons
produced by Chrysler Corporation, microcomputer equipment, software, and small purchases
{currently less than $100,000) made with capital, operating, or planning funds. Separate
requirements for rolling stock are set out at 5323{j}(2}(C) and 49 CFR 661.11. Rolling stock not
subject to a general waiver must be manufactured in the United States and have a 60 percent
domestic conten}.
A bidder or offeror must submit to the FTA recipient (Okaloosa County) the appropriate Buy
America certification (below) with all bids on FTA-funded contracts, except those subject to a
general waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as non-responsive. This requirement does not apply to lower tier
subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 5323(j) (1)
The bidder or offeror certifies that it will meet the requirements of 49 U.S.C. 5323(j}(1} and the
applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323{j){1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323(j)(1), but it may qualify for an exemption pursuant to 49 U.S.C. 5323({j) (2) (B)} or (j)(2)(D} and
the regulations in 49 CFR 661.7.
Date
Signature
Company Name
Title
Certification requirement for procurement of buses, other rolling stock and associated
equipment
69
Certificate of Compliance with 49 U.S.C. 5323(j}(2)(C)
The bidder or offeror certifies that it will comply with the requirements of 49 U.S.C. 5323(j) (2) (C)
and the regulations at 49 CFR Part 661.
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323 (j)(2}(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
5323 (j) (2)(C), but may qualify for an exception pursuant to 49 U.S.C. 5323{j)(2)(B) or (j)(2)(D}) and
the regulations of 49 CFR 661.7.
Date
Signature
Company Name
Title
Post Delivery Certification (refer to Form Appendices) will be completed by Okaloosa County
employees upon delivery of vehicles.
BUS TESTING - The contractor (manufacturer) agrees to comply with 49 U.S.C. A 5323(c) and FTA's
implementing regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components
or configuration shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final
acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph | above shall provide notice to the
operator of the testing facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold
should have the identical configuration and major components as the vehicle in the test
report, which must be provided to the recipient prior to recipient's final acceptance of the
first vehicle.
If the configuration or components are not identical, the manufacturer shall provide a
description of the change and the manufacturer's basis for concluding that it is not a major
change requiring additional testing.
4) lf the manufacturer represents that the vehicle is "grandfathered" (has been used in mass
transit service in the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components}, the manufacturer shall provide the
name and address of the recipient of such a vehicle and the details of that vehicle's
70
configuration and major components.
Certification of Compliance with FTA's Bus Testing Requirements
The undersigned (contractor/manufacturer) certifies that the vehicle offered in this procurement
complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with
Federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In
addition, the undersigned understands that FTA may suspend or debar a manufacturer under the
procedures in 49 CFR Part 29.
Date
Signature
Company Name
Title
LOBBYING - The undersigned (contractor) certifies, to the best of his or his knowledge and belief,
that:
{1} No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contracts to an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or Cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions (as amended by "Government wide
Guidance for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96). Note: Language
in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disciosure Act of 1995 (p.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)
(3) The undersigned shall require that the language of this certification be included in the
award documenis for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each failure.
(Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
71
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each expenditure or failure.)
The Contractor, , certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, ef seq., apply to this certification
and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
CLEAN AIR
{1} The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The contractor agrees
to report each violation to the Purchaser and agrees that the Purchaser will, in turn, report
each violation as required to assure notification to FTA and the appropriate EPA regional
office.
(2) The contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by
FTA.
CIVIL RIGHTS - The following requirements apply to the underlying contract:
(1) |Nondiscrimination - In accordance with Title V1 of the Civil Rights Act, as amended, 42 U.S.C.
§
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal
transit
law at 49 U.S.C. § 5332, the contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex,
age, or disability. In addition, the contractor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor," 41 CFR Parts 60 et seq., (which implement Executive Order No.
11246, "Equal Employment Opportunity,” as amended by Executive Order No. 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42
U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the project. The contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated
72
(3)
(b)
(c)
during employment, without regard to their race, color, creed, national origin, sex, or
age. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the
contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, “Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities act," 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
contractor agrees to comply with any implementing requirements FTA may issue.
The contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
BID PROTESTS - The Director of Purchasing or his/her representative shall post a tabulation of bids
received along with the intended award recommendations or a short list of proposers on the
bulletin board in the Purchasing Department. Any person allegedly adversely affected by the
decision or intended decision of award must file a written notice of protest within 72 hours after
posting of the award recommendation. This notice must be delivered to the County Administrator
and must contain the following:
1. The protestant's business name, address and phone number
2. The solicitation involved
3. A clear statement as to the grounds of protest (applicable statutes, ordinances,
laws, etc.)
4. Specifically request the relief to which the protestant deems itself entitled.
Failure to file a written notice of protest within the time period specified shall result in
relinquishment of all rights of protest by the vendor.
BUY AMERICA
POST DELIVERY CERTIFICATION
The undersigned Okaloosa County employee certifies that he/she has inspected the below listed
vehicle for compliance with Title 49 of the CFR, Part 663 (Buy America). This assures that at least
60% of the total costs of all components in the completed vehicle were secured from
manufacturers in the United States and that final assembly of the vehicle took place in the United
States, unless an attached waiver from the Federal Transit Administration is included. This
provision does not apply to purchases with a total contract price of $100,000.00 or less.
Date
Vehicle Description
VIN #
Vendor/Source
Purchasing Employee Name
(Printed/Typed)
Signature
Okaloosa Coordinated Transit
Employee Name (Printed/Typed)
Signature
GOVERNMENT DEBARMENT AND SUSPENSION
INSTRUCTIONS
1,
By signing and submitting this proposal, the prospective low tier participant is providing
the certification set out below.
The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. lf it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal government, the department or
agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the person
to whom this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
The terms "covered transaction,” "debarred,” "suspended," “ineligible,” “lower tier covered
transaction,” “participant,” “person,” "primary covered transaction,” “principal,” "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You
may contact the person to which this proposal is submitted for assistance in obtaining a
copy of those regulations.
The prospective lower tier participant agrees by submitting this proposal that should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency with whom this transaction originated.
The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transactions” without modification in all tower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible or voluntarily excluded from the covered transaction unless it knows that the
certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Non-procurement List (Telephone Number).
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
Federal government, the department or agency with whom this transaction originated
may pursue available remedies, including suspension and/or debarment.
75
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 49 CFG Part 29, Participants’ Responsibilities.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ABOVE)
{1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized Representative
Signature Date
PROGRAM FRAUD AND FALSE OR FRAUDULENT
STATEMENTS OR RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq and U.S, DOT regulations, "Program
Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make or causes to be
made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable,
the Contractor further acknowledges that if it makes, or causes to be made, a false,
fictitious or fraudulent claim, statement, submission or certification, the Federal
government reserves the right fo impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal government deems
appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious or fraudulent claim, statement, submission or certification to the Federal
government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
A9 U.S.C. § 5307(n}(1) on the Contractor, to the extent the Federal government deems
appropriate.
FEDERAL TRANSIT ADMINISTRATION
Provisions, Certifications, Reports, Forms, and Other
Source: FTA C 4220.1F Appendix D List of Clauses and Provisions Required by Federal Laws and Regulations
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER — MATRICES
A. THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
MASTER AGREEMENT
PROVISION COMMENTS REFERENCE
(based on FA MA(17) 10-1-2010)
Transport of Property or Persons
When acquiring property suitable for
Cargo Preference shipment by occan vessel. § 14.b
When property or persons are transported by
Fly America air between U.S, and foreign destinations, or § 4c
belween foreign locations,
Construction Activities
Construction Exipioy ce Protections For contracts exceeding $2,000. § 24.a(1)
For contracts exceeding $100,000.
Construction Employee Protections As of February 2011, the OMB Office of
~Contract Work Hours & Federal Financial Management has not § 24.a(2)
Safety Standards Act adopted the FAR clause 2.101 $150,000
simplified acquisition threshald standard.
Construction Employee Protections All contracts
~ See. 5 ooh end ape Act All construction contracts exceeding $2,000. § 24.0(3)
5% bid guarantee bond,
100% performance bond,
Bonding for Construction Activities Payment band equal to: § 15.0(1)
Exceeding $100,000 — 50% for contracts < $1M, ‘
~ 40% for contracts >$1M ~ < $5M,
—$2.5M for contracts > $5M.
sereat Construction contracts for new buildings or
Seismic Safety for existing buildings. $23.0
Nonconstruction Activities
For all tumkey, roiling stock, and
operational contracts (except (ransporiation
Nonconstruction Employee Protection services contracts and open market
~ Contract Work Hours & contracts) execeding $100,000, §24.b
” Safe Standards Act As of February 2011, the OMB Office of .
y Federal Financial Management has not
adopted the FAR clause 2.101 $150,000
simplified acquisition threshold standard.
Transit Operations
Transit Employee Protective
§ 24.d
Arrangements
Charter Bus Operations § 28
School Bus Operations § 29
Drug Use and Testing Safety sensitive functions. § 32.b
Alcohol Misuse and Testing Safety sensitive functions. § 32.b
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER --
MATRICES
A. THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION
COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(17) 10-1-2010)
AIL FTA Assisted Third Party Contracts and Subcontracts
No Federal Government Obligations §2.f
to Third Parties (Use of Disclaimer) .
False or Fraudulent Statements or §3.f
Claims — Civil and Criminal Fraud ~ ‘
Access to Third Party Contract § 15.t
Records .
Changes to Federal Requirements § 2.c(1)
Civil Rights (Title VI, ADA, EEO
(except special DOL construction § 12
clause) )
Disadvantaged Business Enterprises Contract awarded on the basis ofa § 12d
(DBEs) bid/proposal offering to use DBEs. ‘
Incorporation of FTA Terms Per FTA C 4220.1F. § 15.a
Awards Exceeding $10,000
Terminations
1£49 CFR Part 18 applies.
§ 11 and § 15.a, which incorporate
49 CER Part 18
Special EEO provision for
construction contracts
1f49 CFR Part 18 or Part 19 indicate
that the DOL EEOC regulations at
41 C,F.R, Chapter 60 apply.
§ 15.a, which incorporates
49 CFR Part 18 and Part 19
Awards Exceeding $25,000
Debarment and Suspension
§3.b
Awards Exceeding the Simplified Acquisition Threshold ($100,000)
(As of February 2011, OMB has not to date adopted the FAR clause 2.108 $150,000 standard for grants.)
. When tangible property or
Buy America construction will be acquired. § Ida
Resolution of Disputes, Breaches, or § 56
Other Litigation
Awards Exceeding $100,000 by Statute
As of February 2011, (he OMB Office of
Lobbyi Federal Financial Management has not §3.d
OOnYINE adopted the FAR clause 2.101 $150,000 ‘
simplified acquisition threshold standard.
Clean Air §25.b
Clean Water § 25.¢
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—-MATRICES
D, OTHER MATTERS
STATUTORY OR
OTHER MATTERS COMMENTS REGULATORY
REFERENCES
ae 49 CER § 18.36(bX2)
Contract Administration System 49 CER § 19.47
. _ 49 CFR § 18.36(b)(9)
Record of Procurement History 49 CFR § 19.47
Protest Procedures 49 CFR § 18.36(b)(12)
Selection Procedures 49 CFR § 18.36(¢)(3)
. 49 CER § 18.36(f)
Cost/Price Analysis 49 CER § 19.45
Justification for Noncompetitive . 49 CFR § 18.36(b)(9) by implication
Awards If Applicable. 49 CER § 19.46(b)
No Excessive Bonding Requirements 49 CFR § 18.36(h)
49 CFR § 19.48(c)(5)
No Exclusionary Specifications 49 U.S.C, § 5325(h)
_|| No Geographic Preferences Except for A&E Services 49 CFR § 18.36(c)(2)
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
C. CERTIFICATIONS, REPORTS, AND FORMS
CERTIFICATIONS, REGULATORY
REPORTS, AND FORMS COMMENTS REFERENCE
All procurements of new miodel transit buses
Bus Testing Certification and vans and existing models being modified 49 CFR Part 665
with a major changevor changes.
TVM Certifications All rolling stock procurements. 49 CFR Part 26
: : Procurements of steel, iron or manufactured
Buy America Certification products exceeding $100,000. 49 CFR Part 661
Preaward Review FTA Annual Certification for any rolling 49 CFR Part 663
stock procurement.
A mert trope Rolling stock procurements exceeding >
Preaward Buy America Certification procurements exceeding $100,000, 49 CFR Part 663
Preaward Purchaser's Requirement | Allrolling stock procurements. 49 CFR Part 663
Post Delivery Review FTA Annual Certification for any rolling 49 CFR Part 663
stock procurement.
Post Delivery Buy America Rolling stock procurements exceeding .
Certification procurements exceeding $100,000. 49 CER Part 663
Post Delivery Purchaser’s All rolling stock procurementsto the extent 3
Requirement required by Federal law and regeulations. 49 CER Part 663
Rolling Stock except for procurements of:
-10 or fewer vehicles;
- 20 or fewer vehicles serving rucal (other than
urbanized) areas or urbanized areas or 200,000 people or
On-Site Inspector’s Report fewer, 49 CFR Part 663
= any amount of primary manufactured standard
production and unmodified vans that after visual
inspection and road testing meet the contract
specifications.
Federal Motor Vehicle Safety
Standards Motor vehicle procurements (49 CFR 571). 49 CFR Part 663
Preaward Review and Post Delivery
49 CFR Part 20
As of February 2011, OMB
Lobbying
Procurements exceeding $100,000.
Office of Federal Financial
Management has not adopted
FAR 2,101 $150,000 simplified
teeta th onal.
q] ion
Standard Form LLL and Quarterly
Updates (when required)
Procurements exceeding $100,000 where
contractor engages in lobbying activities,
49 CFR Part 20
As of February 2011, OMB
Office of Federal Financial
Management has not adopted
FAR 2.101 $150,000 simplified
hrechatd dd.
acc
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued)
(exchiding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000)
TYPE OF PROCUREMENT
Professional | Operations/ | Rolling Stock Construction Materials &
PROVISION Services/A&E | Management Purchase Supplies
Davis-Bacon Act >$2,000 (also
ferries).
Contract Work Hours and Safety >$100,000 >$100,000 >$100,000
Standards Act (transportation (also ferries).
Services
excepted),
Copeland Anti-Kickback Act
Section 1 All
Section 2 > $2,000 (also
. ferries).
Bonding $100,000
Seismic Safety A&E for new New
buildings & buildings &
additions. additions.
Transit Employee Protective Transit
Arrangements operations,
Charter Service Operations All
Schoo! Bus Operations All
Drug Use and Testing Transit
operations.
Alcohol Misuse and Testing Transit
operations.
Patent Rights R&D
Rights in Data and Copyrights R&D
Energy Conservation All All All Alt, All
Recycled Products EPA-selected EPA-selected } EPA-selected
items $10,000 items $10,000 items $10,000
or more or more or more
annually. annually. annually,
Conformance with ITS National ITS projects. | ITS projects. | ITS projects. | ITS projects. | ITS projects.
Architecture
ADA Access A&E Alt All All All
Notification of Federal Limited to Limited to Limited to Limited to Limited to
Participation for States States. States, States. States. States.
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon tequirements apply to contracts exceeding $2,000)
TYPE OF PROCUREMENT
Rolling
PROVISION Professional Operations/ Stock Construction Materials &
Services/AXE | Management P Supplies
urchase
No Federal Government
Obligations to Third Parties All All All All All
(by Use of a Disclaimer)
False Statements or Claims — Civil
and Criminal Praud Al All All All All
Access to Third Party Contract All All All All All
Records
Changes to Federal Requirements All All All All All
Termination >$10,000 if >$10,000 if >$10,000 if >$10,000 if >$10,000 if
49 CFR Part 18 | 49 CFR Part 18 | 49 CIR Part 18 | 49 CFR Part 18 | 49 CFR Part
applies. applics. appiles, applies, [8 applies.
Civil Rights (Title VI, ADA, EEO All All Al>$10,000 All All
except Special DOL EEO clause
for construction projects)
Special DOL EEO clause for >$10,000
construction projects
Disadvantaged Business All All All All All
Enterprises (DBEs)
Incorporation of FTA Terms All All All All All
Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000
Buy America >$100,000 >$100,000 >$100,000
AsofFeb, 2011, | AsofFeb. 2011, | As of Feb. 2011,
FTA has not FTA has not FTA has not
adopted the FAR | adopted tho FAR | adopted the FAR
2.401 $150,000 | 2-101 $150,000 | 2.101 $150,000
Resolution of Disputes, Breaches, >$100,000 >$100,000 >$160,000 >$100,000 >$100,000
or Other Litigation
Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000
Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000
Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000
Cargo Preference Transport by | Transport by | Transport by
ocean vessel. | ocean vessel. | ocean vessel.
Fly America Foreign air Foreign air Foreign air Foreign air Foreign air
transp/travel. | transp/travel. | transp./travel. | transp./travel. | transp./travel.
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER-—-MATRICES
A. THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION
COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(E7) 10-1-2010)
Planning, Research, Development, and Demons
tration Projects
Patent Rights §17
Rights in Data and Copyrights §18
Special Notification Requirements for States
Special Notification Requirement for $38
States
Miscellaneous Special Requirements
Energy Conservation § 26
Contracts when procuring $10,000 or
Recycled Products more per year of items designated by § 15k
EPA.
Conformance with National [TS Contracts and solicitations for ITS § 15m
Architecture projects. .
ADA Access Contracts for rolling stock or § 12.8
facilities construction/renovation.
Assignability Clause
Procurements through assignments.
§ 15.a, which incorporates
49 CFR Part!8 and 49 CFR Part 19