Design - Build

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Third Party Procurement

Frequently Asked Questions

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Q. Is there sample RFP language that makes it easy to pick up and include in our bid document for a NEW TRANSIT FACILITY for a Design - Build bid advertisement that will cover all the clauses and references necessary to cover grant funding via 5309, JARC and 5311? I don't need circular and best practices reference materials I need actual sample language.

A. We do not have sample RFPs but you should contact New York Metropolitan Transit Authority Capital Construction. That organization awarded a Design - Build contract for the Fulton Street Transit Station using FTA grant funds. Their solicitation will contain many if not all of the current FTA required clauses (it was awarded several years ago). A contact person is Don Mulhern at 646-252-6335. You might also want to google: "design build transit facility." You will find several entries but I cannot tell if they were Federally funded. (Posted: December, 2011)

Q. What is FTA Guideline for a Design-Build project where Construction is predominant? Does the Brooks Act come into play at the Qualification stage to technically qualify? This will be a two-step bid process where we sent the Contract Document to the prequalified list.

A. The FTA Circular 4220.1F, Chapter VI, paragraph 3.h. Design-Build, requires that the type of procurement method used be based on the estimated value of the design vs. construction work. If the estimated value of the construction work exceeds the value of the design work, then a qualifications based method may not be used to award the contract. However, a qualifications method may be used to determine prospective contractors capable of performing the project and thus qualified to submit detailed technical and price proposals in step two. (Posted: December, 2014)

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