Buying & Maintaining Interest Assets 2 Procurement Guidance • Grant Partner Manual – Chapter 12 – Section taken to become Procurement Guidebook (Stand alone) • FTA Guidance – Circular 4220.1E 3 Federal Interest • That 80% comes with strings • Federal requirements – Thresholds • $3,500 – Documented quotes, including federal clauses • $150,000 – full procurement (RFP or IFB) – Records Access, DBE, Bus Testing, Debarment & Suspension, Buy America, Lobbying, Clean Air, Clean Water, Fly America, and Davis-Bacon – Extends beyond contract term (Some forever) 4 State Interest • Mirrors much of federal requirements – No Buy America, etc. – Does include debarment and suspension, lobbying, bus testing, etc. • Streamlines process • Makes process almost equal 5 Starting the process • Independent Cost Estimate – How much is this going to cost? • What kind of procurement? – Under $3,500; does not require competition; should be spread out where possible though – $3,500 to $150,000; can do documented quotes; less formal process; need to make sure cost is reasonable – >$150,000; requires formal process, RFP or IFB; ensure required clauses 6 Price Agreements/Consortia • CDOT/Consortium maintains relationship with vendor • Only requires purchase order, no complex solicitation processes • The headache is taken care of for you • Consortia have process vetted by CDOT in advance – Usually are closed agreements among specific group for specific goods 7 Procurement Concurrence Request - PCR • CDOT Oversight to ensure required clauses are included • Price agreement/Consortia – Already done, concurrence is pro forma • Piggybacking – make sure to get approval before any agreements; all requirements still apply • Submit full solicitation to grant coordinator – Reference clauses AND certifications 8 Moving Forward • With approved PCR, issue solicitation/request quotes • Price Agreement/Consortia/Piggyback – Move ahead with Purchase Authorization – Submit Purchase order • Keep grant coordinator apprised • Evaluate submissions; select proposed award recipient • If protest, follow written protest procedures • DO NOT ORDER OR ANNOUNCE UNTIL PROCUREMENT AUTHORIZATION APPROVED 9 Procurement Authorization - PA • For Price Agreement/Consortia/Piggyback – Submit PA to grant coordinator – No justification needed (inherent in process) • DQ, RFP, IFB – Submit selected vendor and cost with justification – If not low bid, justify selection criteria – For vehicle, include vendor and manufacturer 10 TVM Certification • FTA managed DBE process for transit vehicles (No minivan, sedan, SUV, etc. – Yes for ADA minivan) • PA requires vendor (dealer) and vehicle manufacturer along with cost • DTR submits TVM certification to FTA on your behalf 11 The Wait • • • • Upon approval of PA, order the asset For non-vehicle, order as appropriate For vehicle, submit Purchase Order Make sure to get an approximate delivery date; make modification to milestone! • Be patient 12 Delivery • Non-Vehicle asset – Make sure you got what you ordered/were promised – Over $5,000 or fixed, add to COTRAMS inventory • Rolling Stock – Follow funding source requirements • Federal certifications: Buy America (If applicable), FMVSS (Bus Testing) • State requirements: FMVSS (Bus Testing) 13 Notice of Acceptance (NA) • Have a trusted mechanic perform inspection at time of delivery • Check for all options/add-ons ordered – Fire extinguishers – Additional keys – Safety triangles/flares/First Aid kits, etc. • DO NOT ACCEPT A VEHICLE IF IT IS NOT 100%! • Complete an NA form (One each vehicle) – Retain NA for your files, no need to submit 14 Security Agreement (SA) • Required to establish lien on title • Establishes actual purchase price and split – Federal Interest – State Interest – Local Interest • Critical information for future • Submit SA to grant coordinator • SA forms basis for new inventory record 15 Placing into Service • For equipment/facility begin using the asset – Make sure there is a maintenance plan in place for large equipment or facilities • For rolling stock – Bring vehicle up to operational readiness – Paint, wrap, interior installations, etc. – Celebrate with passengers 16 COTRAMS Inventory • Basis for statewide transit asset management plan • Required for application to replace • Maintains information on status – Annual requirement to update: miles, status, condition, etc. • Used in final step: Disposition 17 Asset Disposition • Federal regulation, CDOT has adopted for state funded vehicles only • Requirements: – Sale must be through best option for best price • Usually auction, Ebay motors, etc. – Donation requires determination of fair market value – Parting out requires certification 18 Process • Submit Asset Disposition form for approval • Sell asset • If over $5,000: – Determine original state and/or federal interest • Usually 80%, 96% if FASTER used as match, less if you used overmatch – include ALL state/federal funds including DOLA, DHHS, etc. • Take interest percentage of proceeds and submit check to CDOT with documentation • Documentation: Bill of sale, copy of check received, Asset Disposition form 19 Next Steps • Keep copy of Asset Disposition form on file with all other documents required by FTA for 3 years after disposition • Funds will be deposited to appropriate CDOT account • When funds reach appropriate level, they will be transferred to available funds for next capital call 20 Donating Assets • Federal & State interest do not vacate with donation – Donation must be for appropriate use • Senior center, disability group, nursing home, etc. • Should not be a for-profit – Requires determination of fair market value • Disposition interest must be maintained – New owner must agree to report when they dispose of the asset, just like grant partner 21 Parting Out • Complete Asset Disposition form • Sign and submit Asset Parting Certification • Keep copy of certification with asset files for 3 years past the date of Parting
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