Solicitation requirements

Procurement

The following information is a basic overview of the components that should be included in a solicitation:

Project scope
- Define the good or service to be purchased.
Designated contact information
- Establish point of contact within the subrecipient’s agency.
Pertinent dates
- Vendor question response date.
- Subrecipient answer response date.
- Opening date of proposal.
- Proposal due date; time specific..
- Awarded date.
Statement of work / technical specifications
- Describe design or performance requirements.
- Indicate the desired task to be completed including specific, tangible, and measurable work.
- Define deliverables and delivery dates:
  - Tie deliverables to key tasks, if applicable.
- The technical specifications should describe the project’s requirements in terms of the subrecipient’s minimum acceptable standards. Detailed product specifications must be avoided if possible, to ensure competing products are not excluded (2 CFR 200.319).
Geographical preference for vendors and suppliers
- The solicitation should be written in manner that does not impose in-state or local geographical preference. Additionally, when evaluating bids or proposals, local contractors cannot receive higher marks because of their location; however, geographical preference is permissible when contracting architectural and engineering services if there is an adequate number of contractors in the area.
Federal clauses and state clauses
- The following clauses are required for all procurement types depending on cost threshold:
  - All awards
    - No federal government obligations to third parties.
    - Access to third party contract records.
    - Changes to federal requirements.
    - Civil rights (EEO, Title VI, & ADA).
    - Incorporation of FTA terms.
    - Energy conservation.
    - Veterans preference.
    - False or fraudulent statements or claims.
    - Disadvantaged business enterprises (DBE).
    - Fly America.
    - ADA Access.
    - Special notification requirements for states.
  - Awards exceeding $10,000
    - Terminating the contract.
  - Awards exceeding $25,000
    - Debarment and suspension.
  - Awards exceeding $50,000
    - Contracting with the enemy.
  - Awards exceeding $100,000
    - Resolution of disputes, breaches, or other litigation.
    - Lobbying restrictions.
  - Awards exceeding $150,000
    - Environmental protection.

Federal clauses and state clauses; continued
- Additional clauses are required depending on which type of good or service is being procured. The following projects have additional clauses that need to be included in the solicitation:
  - Rolling stock
  - Construction
  - Professional services
  - Materials and supply
- For a complete list of federal and state clauses applicable to your procurement, it is recommended that subrecipients include the following items in their solicitation to ensure compliance with these regulations:
  - TxDOT PTN-130: This form includes all appropriate federal and state clauses, as well as the federal certification and assurances. This is a smart form that can be tailored to your procurement type.
  - ProcurementPRO by National RTAP: TxDOT PTN partners with National RTAP to create a Texas portal that includes all the Federal and States Clauses.
- FTA certification and assurances for the fiscal year also need to be included within the solicitation.
Addendums, modifications, and clarifications
- The subrecipient shall describe its process for sharing information communicated to a single vendor during the solicitation process with other vendors to ensure an equal understanding of the solicitation. This includes solicitation modifications, approved equal requests, etc.
Protest procedures
- Protest procedures may be included within the solicitation or in a separate document. If not part of the solicitation, the subrecipient shall explain how potential bidder or public will have access to protest procedures.