§ 836.22. Federally-Funded Purchases.

1.

For purposes of this section:

a.

"Federal Purchase Requirements" shall mean any and all federal laws, regulations, rules, guidance, instructions, or grant terms applicable to a Federally-Funded Purchase.

b.

"Federally-Funded Purchase" shall mean a purchase that is funded, in whole or in part, by federal funds.

c.

"Ordinary County Purchase Requirements" shall mean all of the rules and regulations that would he applicable to a purchase if it was not a Federally-Funded Purchase.

2.

Each Federally-Funded Purchase shall be made in accordance with the Federal Purchase Requirements.

3.

In addition to, and not in limitation of, the requirements of subsection 2 hereof, each purchase:

a.

funded by the Federal Transit Administration (FTA) shall follow all applicable rules and procedures set forth in FTA Circular 4220.1F or any FTA Circular for Third Party Contracting Guidance that should supersede it, including, but not limited to the following, in that each such purchase shall:

(i)

not utilize any prequalification of vendors or products;

(ii)

not utilize any geographic preference;

(iii)

only be made from a vendor that the Purchasing Agent has determined, in writing, is responsible;

(iv)

for a competitive purchase, be permitted to be awarded on the basis of the FTA's 'best value' criterion;

(v)

for a sole source purchase, be documented in accordance with the applicable FTA procedures and requirements;

(vi)

for a purchase below the FTA's 'micro-purchase' threshold, be made in accordance with the applicable FTA procedures and requirements;

(vii)

for a purchase below the FTA's 'small purchase' threshold, be made in accordance with the applicable FTA procedures and requirements;

(viii)

for a purchase above the FTA's 'small purchase' threshold, be made in accordance with the applicable FTA procedures and requirements;"

(ix)

for a purchase of rolling stock or replacement parts for buses, not have a term of more than five (5) years;

(x)

result in a purchase order that shall include all contract clauses required by applicable FTA rules; and

(xi)

be documented by the keeping of all records required by applicable FTA rules.

4.

Notwithstanding subsections 2 and 3 hereof, each Federally-Funded Purchase shall be made in accordance with the Ordinary County Purchase Requirements to the extent that the Ordinary County Purchase Requirements do not conflict with the requirements of subsections 2 and 3 hereof.

(Added by L.L. No. 10-2012)