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FTA Oversight Procedures - Federal Transit Administration - U.S. ...

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including: the applicability of <strong>Federal</strong> regulations, alternative procurement practices; procurement<br />

planning; solicitation; award; DBE; Contract Clauses; the pros and cons of design versus performance<br />

specifications; Contract <strong>Administration</strong>; Close out; Disputes. It provides references to all relevant<br />

legislation, regulations, letters and circulars.<br />

This comprehensive document provides guidance on the whole project cycle, providing further guidance<br />

on:<br />

• Evaluation of projects at low levels of specification (below 10%), defining program goals, and<br />

relating vehicle procurements to program goals;<br />

• Procurement methodologies leading to best value;<br />

• Advantages and issues with performance based specifications and <strong>FTA</strong> position on this issue;<br />

• Steps required in assuring specification compliance;<br />

• Laws and regulations pertaining to procurement of <strong>Transit</strong> Systems using <strong>Federal</strong> Funds.<br />

5.0 PROJECT SPONSOR SUBMITTALS<br />

The PMOC shall develop a program of submittal review that is intended to assure the <strong>FTA</strong>’s interests are<br />

protected economically, and not be a duplication of the work undertaken by the sponsor and its<br />

consultants. Under 49 U.S.C. 5325, 18 CFR 18.36(i), 49 CFR 633.17 all supplier submittals are available<br />

as sponsor submittals to the PMOC. Some of the key documents and papers that require attention from the<br />

PMOC are discussed below:<br />

5.1 EIS/EIR<br />

Primarily, the PMOC shall confirm that the intended vehicle does not potentially conflict with any<br />

statements made in the EIS/EIR. List any discrepancies and bring them to the attention of the grantee.<br />

Report action taken by grantee.<br />

5.2 Grant Application<br />

Does the vehicle under consideration fulfill the needs stated in the grant application? Pay attention to<br />

fulfilling operational needs, cost to procure vehicles, maintenance intentions, and prospects for add-on<br />

procurements. List any discrepancies and bring them to the attention of the grantee. Report action taken<br />

by grantee.<br />

5.3 Useful Reading<br />

In review of the Specification in its developmental stages, the PMOC should pay particular attention to:<br />

• Comparing the vehicle being procured with the vehicle required to satisfy the EIS;<br />

• Determining whether the payment schedule provides the leverage required to assure<br />

compliance. Special attention must be paid to payment schedules that are front loaded (even if<br />

justified on fiscal grounds) to assure that the project sponsor retains sufficient funds to<br />

maintain the supplier’s attention;<br />

• Assuring the key technical documents will be approved before hardware delivery;<br />

• Identifying whether the vehicle to be delivered can be maintained by the resources at the<br />

grantee’s disposal;<br />

OP26B Bus and Rail Vehicle Technical Review<br />

Revision 0, June 2008<br />

Page 3 of 6

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