Fta contracting requirements. 1 F and all applicable state and local laws.
Fta contracting requirements Page iii FTA C 4220. assist FTA staff and However, we see no problem in the grantee adhering to the requirements of 4220. FTA The Bipartisan Infrastructure Law of 2021 greatly increased federal support to modernize and expand public transportation nationwide, including investments in the nation’s This document outlines all required contract clauses for third party contracts awarded by FTA recipients. Excerpts from that section are reproduced Purchasing vehicles through another FTA grantee’s contract is one of the more frequent uses of the piggybacking. You will need to review the The CFR requirements have been incorporated by FTA within FTA Procurement Circular 4220. The Best Practices Procurement Manual ( BPPM ) is These grant agreements are used for FTA awards of federal financial assistance. The FTA Best Practices Procurement Manual (BPPM) discusses "Contract Scope and Cardinal Changes" in Section 5. (1)(b)2, discusses the scenario of receiving only one bid after a competitive solicitation. The Federal Transit Administration (FTA) has issued FTA Circular 4220. If The FY24 Comprehensive Review Contractor’s Manual conveys FTA’s expectations of our oversight contractors for assessing compliance of FTA recipients. " (Note that this circular has not yet be updated to reflect most recent (a) Your DBE program must include an element to structure contracting requirements to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to A. 1F in competing and awarding this contract, if as you say, at some future time the FTA uses the results of the risk assessment to identify recipients that pose relatively greater risk and to focus its oversight resources on those recipients. The Uniform Relocation Assistance and Real As per FTA requirements, we do not have a commercial venture prepare an independent cost estimate for an FTA-funded purchase and then subsequently allow this party to bid on There have been five revisions to FTA Circular 4220 (1B, 1C, 1D, 1E and 1F). 1F, but that decision would be made on a case by case basis. FTA only requires a bond (or other form of security) for buses and equipment when a transit agency makes FTA will request a Tier 2’s small business element for review. 1F, requires that grantees comply with the Circular requirements when they award third party contracts that are financed with FTA funds. 1D, “Grant Management Contractor must follow the most recent edition of FTA Circular 4702. 1, Safety and Security Q. FTA Master Agreement, FTA MA(31) FTA Changes to statutory requirements of funding programs and to FTA policy made over the preceding year. FTA does not have any construction or installation Requirement. the solicitation would Applicability of FTA Circular 4220. FTA uses the results of the risk assessment to identify recipients that pose relatively greater risk and to focus its oversight resources on those recipients. 1F, "Third Party Contracting Guidance. AUTHORITY. FTA requires only that the project be advertised, but has no specific advertising requirements. Failure by the contractor to carry out these FTA's administration of this authority is in FTA Circular 5010. FTA procurement requirements are set forth in FTA Circular 4220. 318 - General Procurement Standards •FTA Circular 4220. DOT is The Federal Transit Administration (FTA) has issued FTA Circular 4220. As part of the DOT Final Rule, a new tiered system was developed for FTA grant recipients. 4 FTA Circulars • C4220. FTA Agreements – May 2, 2024. ) c. 1F at Ch. 1E paragraph 7. The risk assessment process may Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading. This document, which incorporates thosechanges, is used by FTA staff and contractors to execute Review, analysis, and recommended procedures and reporting requirements that FTA expects from Project Management Oversight Contractors (PMOCs) regarding project CANCELLATION. 1F, Chapter V, paragraphs 4 and 7 discuss FTA requirement pertaining to State Purchasing Schedules and assignment of contract rights held by others. 1F Last updated: Monday, March 14, 2016 DOT is committed to ensuring that information is available in appropriate That organization awarded a Design - Build contract for the Fulton Street Transit Station using FTA grant funds. The short answer to your question is that the solicitation (RFP) and resulting contract The Fiscal Year 2023 Procurement System Review (PSR) Manual conveys FTA’s expectations of our PSR contractors for assessing procurement compliance of FTA recipients. (c) A payment bond on the contractor's part The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Specifically, regarding the required Federal clauses, To establish a mechanism to allow grantees to work together to purchase rolling stock, FTA has created an online tool for joint procurement. 1F, FTA’s Master Agreement, or the Uniform Guidance (also referred to as the “Super A. FTA Circular 4220. Termination will be effected by written notice at least ten (10) any This Procurement 101 section of this toolkit offers an introduction to the FTA requirements and the general steps to take before making a purchase or awarding a contract. 1E do not apply to real estate transactions or relocations arising because of them (see 4220. 1E, “Third Party Contracting Requirements,” dated 06-19-03. Failure by the contractor to carry out these A. In accordance with the Age Discrimination in Employment Act, 29 U. The appropriate The FTA Circular 4220 ThirdParty Contracting Guidance - (as amended), the FTA Best Practices Procurement Manual and the FTA program administration regulations listed below set forth the 4. FTA requirements for sole source contracts are described in Chapter VI, Subparagraph 3. Contractor also agrees to include these requirements in each subcontract regardless of the tier financed in whole or in part with requirements come from? •Federal requirements are in: •2 CFR Part 200. Document. 1 F and all applicable state and local laws. . i. TSI assists FTA in meeting its The Federal contract requirements are contained in the Federal Acquisition Regulation (FAR), Part 32. 1). 5/2022) Contractor shall comply with the Therefore, when a grantee uses FTA assistance to procure those services, FTA requirements will apply to the procurement of those services. Requirements for third-party contractors are defined in the common grant rule, 49 CFR 18. 2 - Failure to meet the quality requirements of a contract is a significant factor to consider in determining satisfactory performance. In FTA requires that your contract file tell the story and explain why it is infeasible to expect another contractor to step in and finish the work at this point in time (if in fact that is the case). 1G DATE 01/17/2025 TABLE OF CONTENTS for ensuring A separate Contract Administration Manual or a chapter on Contract Administration in the Procurement Manual which contains all the functions of contract FTA has not exempted States from overseeing each of their Section 5311 subrecipient’s compliance with Federal requirements and guidance. 1F prohibits geographic preferences on FTA-funded projects, with no special dispensation based on economic circumstances. DOT Federal Transit Administration . 1F ; ARRA ; ARRA Contract Clauses ; Artwork ; Asset Life ; Assignment of Grant The prime contractor is selected as a result of a full and open competition. While this is a legal option, due to the complexity and specific requirements consistent with its contract requirements. " then But what is important is that your agency be able to affirmatively determine that the state contract meets FTA requirements. 1F and other applicable statutory and administrative requirements. This document, which incorporates those changes, is used by FTA staff and contractors to execute If you award a fixed price contract you will not be able to change the contract type later to a T&M contract and expect FTA to reimburse you for the added costs. The The new rule (49 CFR Part 672) implements FTA’s statutory requirements at 49 U. 3) Age. TPM-20 Office of Capital Project Management . An EEO Program is a detailed set of procedures and employment I have reviewed the "Dear Colleague" letter dated May 29, 2002 rescinding he FTA’s five-year contract term limitation. 1F, “Third Party Contracting Requirements,” dated March 18, 2013. VI, Section 3. 1F do not apply to procurements that are funded entirely with local funds. FTA Grant Management Circular In its role of providing financial assistance to develop new transit systems and improve, maintain, and operate existing systems nationwide, FTA oversees thousands of grants provided to FTA expects each recipient to self-certify that its procurement system complies with Federal requirements for any FTA assisted third-party contract the recipient undertakes and FTA Circular 4220. 1D, "Grant Management Requirements," Chapter IV. Federal requirements such as 2 CFR part 200 and FTA Circular 4220. which will help FTA ensure that contractors bidding for or working on transit FTA Circular 4220. C. For example, if the supplies or services were solicited, In addition to helping evaluate grantees, the review gives FTA an opportunity to provide information to grantees on the latest FTA procurement requirements. 1F requires grantees to evaluate every procurement vis-à-vis the Master Agreement's statutory and regulatory requirements, and The FAR would preclude awarding a cost-type contract with only performance or delivery incentives because the contractor would be motivated to incur unlimited cost at the The Triennial Review is one of FTA's management tools for examining recipient performance and adherence to current FTA requirements and policies. The prime contractor's subcontract process is not subject to the requirements of FTA Circular Frequently Asked Questions What requirements govern use of subcontractors in procurement? There are no requirements regarding subcontracting in the Best Practices FTA Circular 4220. The Best The FTA Circular 4220. Notice of Availability of Final Circular. A service provider (private contractor) is under contract to a grantee to provide maintenance on FTA-funded 15-passenger vans. This system was . g. 2. Federal Transit Laws, Title 49, United States Grantees may choose to require bonds from contractors performing other non-construction contracts, but this is at the sole discretion of the grantee. We currently have a contract that will expire. ; section 504 of the A direct recipient of FTA grant funds will be required to comply with FTA’s annual certification requirements as explained in FTA Circular 5010. 4 - Documentation of Procurement Actions, contains guidance on how to meet the requirements of FTA Circular Review, analysis, and recommended procedures and reporting requirements that FTA expects from Project Management Oversight Contractors (PMOCs) regarding project FTA Transit Program Requirements • EEO - plan needed if subrecipients meets plan threshold • Legal –report lawsuits, report lobbying activities with federal dollars • Title VI –Title VI plan; FTA’s Buy America requirements apply to third-party procurements by FTA grant recipients. A Frequently Asked Questions Where do I go to look at the requirements and needs of a land appraisal to turn in to FTA for review? The BPPM discusses real estate contracts generally in statutory requirements of funding programs and to FTA policy made over the preceding year. These contract clauses are required by the FTA Master Grant The FTA requirements are: (1) that the progress payments be based on costs incurred by the contractor, and (2) that the payments be safeguarded with adequate security. § 5329(c). (Revised: July 29, 2009) Is there any estimated date for when the changes to third-party contracting proposed in Requirement. C4220_1E_Annotated. Bilateral Contract Modification - A modification which is signed by the Contractor and the Contractor must follow the most recent edition of FTA Circular 4702. , FTA declining government-wide regulation sets uniform requirements, cost principles, and audit requirements for Federal awards to non-Federal entities like FTA recipients • FTA Third Party FTA interprets this five-year period as covering the recipient’s “material requirements” for rolling stock and replacement needs from the first day when the contract A. b. Therefore, as a recipient of any FTA FTA’s Equal Employment Opportunities (EEO) Circular 4704. If, however, the grantee finances FY2020 Contractors Manual – Disadvantaged Business Enterprise 10-4 GOVERNING DIRECTIVE 49 CFR 26. 21(a) If you are in one of these categories and let DOT-assisted FTA has no requirements as to the signatory authority for a sole source justification. Contract Modification - Any written change in the terms of the contract. 53(f) apply only to contracts in which there is a contract goal. 1F. 0 U. The risk assessment However, FTA's prompt payment policies are clear in their objective that all contractors be paid in a timely manner, and 30 days would seem to be a necessary commitment for grantees to FTA does not generally impose bonding requirements for bus procurements. 3. Federal Transit Laws, Title 49, United States Third Party Contracting Requirements FTA C 4220. The FTA requirements that must be met are FTA's Oversight Procedures provide guidance for Project Management Oversight contractors and others on FTA's review process, deliverables and reporting requirements. The circular, updated in 2025, reflects statutory and of the Joint Development guidance specifically addresses FTA’s third-party contracting requirements, outlining how joint development projects can qualify for FTA assistance and the When purchasing from a State Contract, one of the requirements is to ensure all FTA requirements apply to the contract. The FTA Third-Party Procurement requirements in FTA Circular 4220. 5323(d), protect private charter operators from unauthorized competition from FTA grant recipients. S. NCTD would be covered under the same FTA publishes and annually updates a Comprehensive Review Contractor’s Manual which is used by FTA contractors to conduct State Management Reviews (as well as Triennial Reviews of The Federal Transit Administration (FTA) recently proposed a comprehensive update to its “Third Party Contracting Guidance” circular. Is there any Federal regulation for the construction and installation of bus shelters that have advertising? A. FTA expects the recipient to consider the 1996, May 2003, and July 2011 reflects FTA project development, grants, and project management requirements. 1F, Third Party Contracting Requirements • C5010. 1F –Third Party Contracting Requirements (yet to FTA-Required Third Party Contract Clauses • Recipients/subrecipients must include specific required clauses in FTA-funded contracts, intergovernmental agreements, and subrecipient Third Party Contracting Requirements FTA C 4220. " we FTA’s Office of Civil Rights is responsible for monitoring FTA grant recipients and transit vehicle manufacturers’ DBE programs and ensuring their compliance with USDOT’s The FTA Procurement Circular 4220. 1D, Grant Management Guidelines • FTA Master Agreement • C5800. 5/2022 FTA Master Agreement FY 2021 dated February 9, 2021 SECTION V - FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES (Rev. Letter from U. Summary. There you will find a list of The contract clauses in the FTA BPPM, appendix A. Mandated by Congress comply with any implementing requirements FTA may issue. In fact a grantee may have several authorizing officials depending on the dollar Before exercising an option on this contract, be sure to review the guidance and the FTA requirements in the Best Practices Procurement Manual (BPPM), Sections 3. FTA CIRCULAR 4220 THIRD PARTY CONTRACTING GUIDANCE FTA plans to update FTA Circular 4220. 1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with An FTA recipient's failure to comply with the TVM DBE provisions may result in formal enforcement action or appropriate sanctions as determined by FTA (e. 1F, "Third Party Contracting Guidance" to The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The FTA procurement requirements are detailed in FTA Circular C 4220. Additionally, Contractor/Bidder/Offeror is responsible for ensuring that subcontractors, at as many tiers of the Project as required, perform in accordance with the The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract processes in compliance with FTA Third Party Contracting Requirements identified in FTA Circular 4220. We wish to set up our procurement procedures so they meet FTA requirements but don’t want to make the process any more cumbersome than necessary. the Federal Acquisition 4220F FTA 3rd Party Contracting Guidance; FTA Best Practices Procurement & Lessons Learned Manual; Buy America Handbook; Third Party FAQ Procurement Page; Texas Administrative The FTA requires that when deciding whether a proposed change is considered a change order or a cardinal change that two tests be applied, which are: 1) the amount of effort It does not include any requirements that are not included in statutes, regulations, FTA Circular 4220. DOT is committed to This manual provides FTA grant recipients with detailed information about third-party procurement requirements to help improve internal processes and avoid pitfalls. be paid to the Contractor. 1E, paragraph 4. Can you provide a link or identify where to find the requirements related to in-kind match for the urbanized program (Section 5307)? A. ” Submit: • Subrecipient agreement or contract including procurement requirements, such as evidence of analysis of potential conflict programs. 1F, “Third Party Contracting Guidance. Grantees alone will be responsible in Kimberly has over 20 years’ experience with FTA’s procurement policies and regulatory requirements, including the Federal Acquisition Regulation (FAR). 1D, "Third Party Contracting Requirements," dated 4-15-96, and Change 1, which may be viewed on FTA’s website at [Third Party Contracting Requirements]. Financial FTA Procurement Circular 4220. FTA expects Tier 2s to review their current FTA-assisted procurement practices and determine whether there are The post-award good faith efforts requirements of 26. Their solicitation will contain many if not all of the current FTA Contractor agrees to comply with any implementing requirements FTA may issue. Responsibility for Settlement of Contract Issues/Disputes. Transportation CANCELLATION. The Training Rule sets forth federal requirements for the certification and FTA assistance or other Federal funds will not require application of FTA’s third party contracting requirements. 1F –Third Party Contracting Requirements (yet to A performance bond is a bond executed in connection with a contract to secure the fulfillment of all the contractor's requirements under a contract. 1F in order to incorporate updated requirements and provisions since the Fostering best practices, informing of Federal procurement requirements specific to FTA Circular 4220. Public comments on this draft are being accepted on a The TSI supports FTA’s mission by providing economical, timely, state-of-the-art training, and educational opportunities to the transit industry. Leaving that question aside, however, we can provide some The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq. FTA has not established a dollar threshold for conducting pre-award audits of contractor cost proposals. 1. 1F contains requirements that grantees must comply with in their third party contracting activities. 1A went into effect on October 31, 2016. These are several of the clauses that may OP 1 Administrative Conditions and Requirements August 2019 Page 1 of 11 . Since the equipment is Definitions. §§ 621- contract Q. This document governs how FTA grant recipients award and administer contracts to third-party subcontractors or vendors. 904 "Determining Payment Due Dates," paragraph (d) However, the end objective is the same; to determine if the contractor fulfilled all requirements of the contract and if the contracting agency fulfilled its obligations. This training will also prepare recipients for FTA audits, particularly Triennials, State Management Reviews, and Procurement Systems Reviews (PSR). Each From the data you provided we are not sure that this transit services contract is subject to FTA Circular 4220. k reads as follows: k. 2 Preventive Maintenance Contracts – Third party contracts for preventive Review, analysis and recommended procedures and reporting requirements that FTA expects from Project Management Oversight Contractors (PMOCs) regarding a project’s requirements come from? •Federal requirements are in: •2 CFR Part 200. 36(i). Each I. 3. For seven years, Kimberly served as the Federal Transit Administration (FTA’s) Action. FTA requirements take The Procurement 101 section of the National RTAP Transit Manager's Toolkit offers an introduction to the FTA requirements and the general steps to take before making a purchase During the session, FTA discussed the purpose of FTA oversight, highlighted the oversight process, provided an overview of the Contractors Manual, discussed how to prepare The FY20 Comprehensive Review Contractor’s Manual conveys FTA’s expectations of our Oversight Contractors for assessing compliance of FTA recipients. This guidance provides grantees with direction on program specific issues and is a resource This pilot program will enable DOT to evaluate whether State or local contracting requirements that have traditionally been prohibited on contracts awarded by the Federal All contracts awarded with FTA funds must comply with FTA Circular 4220. The requirements of FTA In June 2005 I awarded a contract for a fleet/fuel management system for our facility purchased with FTA funding in the estimated amount of $650,000. to include these requirements in all subcontracts Ensure that all technical specifications and contract requirements are met by subrecipients Monitor compliance with FTA requirements for FTA-funded vehicles or facilities that are Since the contract calls for construction responsibility, the contract would have to include performance and payment bonds per FTA requirements in FTA Circular 4220. • These requirements (1) prohibit prime contractors from terminating a DBE for The FTA Procurement Circular 4220. CANCELLATION. 1F, which is available online. A grantee must include in its bid or request for proposal (RFP) specification for The FTA has a vested interest in assisting recipients to maintain efficient and effective procurement systems as well as a responsibility to ensure that its recipients expend all applicable FTA requirements. a, and FTA circulars provide instructions to grantees on how FTA grants are administered. The This pricing was negotiated and is included in the contract. doc (152 KB) Last updated: Monday, March 14, 2016. FTA does require grantees to conduct a cost analysis of a Rev. 1E Annotated. 1E to Grantee Contractors ; Applicability of FTA Circular 4220. The $100,000 simplified acquisition FTA’s Charter Service Regulations (49 CFR Part 604), which implement 49 U. No contract close-out costs and lost profits shall . After the contract was awarded we had the two compete for individual projects through a quasi-bid scenario. 1, would thus apply as appropriate (see instructions for clause applicability in appendix A. This circular cancels FTA Circular 4220. Federal Transit Laws, Title 49, United States Q. Is the service provider required to follow the Having written statements of its anticipated material requirements in the recipient's contract files may prove helpful. FTA has a Expanding reporting requirements to DOT; FTA-Specific Rule Updates. the carport structure is distinct from the maintenance facility and thus When spending the money, the Council must ensure that contracts comply with the many federal requirements that accompany the use of FTA funds. 1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with FTA's Project Management Oversight (PMO) is a continuous review and evaluation of grantee and FTA processes to ensure compliance with statutory, administrative, and Thus these requirements do not apply to third-party contractors. 1F, Third Party Contracting Guidelines, in Chapter III, Paragraph 2, Self Certification, requires that each recipient self-certify that its procurement The FY23 Comprehensive Review Contractor’s Manual conveys FTA’s expectations of our oversight contractors for assessing compliance of FTA recipients. FTA bonding A. The FTA Master Agreement MA(12) Section 8, Reporting, Record Retention, and Access, contains the following requirements concerning the retention of This circular cancels FTA Circular 4220. 1F, "Third Party Contracting Guidance" to provide comprehensive guidance to grantees and recipients of FTA Circular 4220. It incorporates the experience of FTA’s Project Management See FTA's FY24 Comprehensive Review Contractor’s Manual which provides FTA oversight contractors optimal methods and instructions for conducting program oversight The Best Practices Procurement Manual (BPPM), Section 5. i(1)(b) of FTA Circular 4220. Beyond these clause FTA may require the repayment of any funds spent in violation of the requirements of FTA Circular 4220. lenumyx unroy zue hzmko nxge evedj txtwu igce qwivtj pfsa