Why can negotiations just be done with the best-qualified, top ranked firm on an RFP for professional services?
A. Grantees are required to comply with either DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 C.F.R. Part 18, or DOT regulations, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,” 49 C.F.R. Part 19, as applicable. These regulations limit the use of qualifications-based selection procedures to procurements of architectural/engineering (A/E) professional services; see, 49 C.F.R. § 18.36(d)(3)(v) and 49 C.F.R. § 19.40(f)(2), For all other procurements using competitive proposals, awards are to be determined on the basis of price and other factors; see, 49 C.F.R. § 18.36(d)(3)(iv) and 49 C.F.R. § 19.43 FTA’s enabling legislation, however, does permit award to be made “to other than the lowest bidder if the award furthers an objective consistent with the purposes of this chapter, including improved long-term oper
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