Procurement Questions |
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Agency Name ___________________________ Date __________ Reviewer ________ |
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1. Has your organization adopted a written code of ethics or standard of conduct (SOC) to govern the activities of employees, board members, or agents involved in procurements financed with FTA funds? |
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Required. [FTA C 4220.1D, 7.c] |
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2. Does your agency’s code of ethics (/SOC) detail sanctions or disciplinary actions that shall be taken for violations? |
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Required. [FTA C 4220.1D, 7.c] |
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3. Is your agency’s code of ethics (/SOC) explicit with regard to how potential personal conflicts are to be reported (by whom/to whom) and how the situation will be resolved? |
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Required. |
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4. Does your agency have signed pre-&-post-procurement audit certifications on file for all revenue vehicles bought over the last three years? |
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Required. |
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5. Have procurement procedures been addressed in any agency audits? If so, what was the finding/recommendation? |
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No specific requirement. Depends on finding. |
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6. Have there been any procurement protests over the past three years? If so, what was the outcome? |
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No specific requirement. |
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7. Have there been any complaints about violation of Federal law or regulations in procurement actions? If so, what was the complaint and how was it resolved? |
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No specific requirement. |
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8. Does your agency have a written protest procedure? |
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Required. [FTA C 4220.1D, 7.1.] |
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9. Are your agency’s policies and procedures for transit procurements documented? |
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Required. [FTA C 4220.1D, 7.a] |
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10. Does the documentation of policies and procedures reflect current practice? _____ Are the policies and procedures followed? |
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Required. [FTA C 4220.1D, 7.a] |
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11. Who established the procurement policies and procedures? Have they been officially adopted? |
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Information. |
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12. Within your agency, who handles procurement of… Transit rollingstock? ________________________ Transit facilities/construction? ________________________ Transit equipment bought under a capital grant? ________________________ Equipment charged to transit, but not under a capital grant? __________________ Office supplies charged to transit? _____________________ Professional services charged to transit? Management services? ______________________ Audit services? _____________________ Bookkeeping services? ______________________ Legal services? _____________________ Insurance charged to transit? ______________________ Employee benefits charged to transit? ______________________ Maintenance services charged to transit? Vehicle maintenance? ______________________ Facility maintenance? ______________________ Office equipment maintenance? ______________________ Passenger transportation services? _______________________
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Information. (See further questions.) |
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13. Are all of the persons indicated above provided with a copy of your agency’s written policies and procedures for transit procurements? |
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Not required, but since the actions of all of these individuals affect the agency’s overall compliance, this is strongly recommended. |
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14. What training has been provided to these individuals? Indicate with an asterisk (*) above which persons have attended an FTA procurement course. |
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Training is strongly recommended. (Information will be input to training function.) |
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15. Do these individuals have access to FTA Circular 4220.1D (and Change #1) and the FTA Best Practices Procurement Manual on-line at the FTA web site? |
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Not required, strongly recommended. |
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16. What procurement method [micro-purchase, small purchase procedure (quotes), formal (sealed) bid, request for proposal, request for qualification, sole source] is most often used for the following procurement? [If more than one is used, note additional.] Transit rollingstock? ________________________ Transit facilities/construction? ________________________ Transit equipment bought under a capital grant? ________________________ Equipment charged to transit, but not under a capital grant? __________________ Office supplies charged to transit? _____________________ Professional services charged to transit? Management services? ______________________ Audit services? _____________________ Bookkeeping services? ______________________ Legal services? _____________________ Insurance charged to transit? ______________________ Employee benefits charged to transit? ______________________ Maintenance services charged to transit? Vehicle maintenance? ______________________ Facility maintenance? ______________________ Office equipment maintenance? ______________________ Passenger transportation services? _______________________ |
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See later questions. |
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17. What involvement does your agency’s policy board have in procurements? |
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Information – possible need for training? |
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18. Has the board overturned staff recommendations on any procurements involving transit? If so, explain. |
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Information – possible need for training? |
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19. Are solicitations and contractual provisions reviewed by legal counsel for conflicts with federal procurement law, state or local law, or board policies? |
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Information. |
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20. Have there been any violations of the rules governing the acceptance of gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements? ______ If so, were sanctions imposed? _____ If not, why not? |
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Code of conduct with sanctions is required. Failure to impose sanctions could imply lack of actual code. |
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21. Does your agency incorporate any preference for local vendors or Iowa vendors in any of your procurements for items charged to transit? |
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Prohibited. (Except for A&E services.) |
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22. Are you aware of any local vendors/suppliers which are owned and run by minorities or women? _______ If so, has your agency made any effort to get them certified as DBEs? |
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Good faith effort required. |
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23. Describe your agency’s efforts to seek out and utilize DBE vendors? |
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Good faith effort required. |
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24. Who makes the determination to seek DBE participation in any particular procurement? |
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Information. |
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25. Has your agency participated in any intergovernmental agreements to purchase items charged to the transit program? ________ If so, how did you assure that the FTA procurement requirements were met? |
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Can obtain services from another governmental unit without competition, but any joint purchases must comply with FTA requirements. [4220.7e.] |
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26. Have any items charged to the public transit program over the past 2 years been purchased from businesses owned by board or staff members of your organization or by members of their families? _______ If so, please explain how a conflict of interest was avoided. |
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Compare with written policy. |
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27. In the past three years, has your agency collected liquidated damages under any transit procurement? _______ If so, were the damages collected credited back to the grant funding the procurement? |
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Required, unless specific waiver received from FTA. [FTA C4220.1D,13] |
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28. Do you have a listing of the purchases/procurements which have been charged to the transit program over the last year? |
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Required. [FTA C4220.1D, 7i.] |
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29. Does your agency maintain a record of the history of each procurement charged to the transit program? ______ If so what information is recorded? |
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Required. [FTA C4220.1D, 7i.] Must include 1) rationale for method of procurement, 2) selection of contract type, 3) reason for contractor/vendor selection, and 4) basis for contract price. |
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30. For micro-purchases (under $2,500), if FTA’s non-competitive process is followed, how does your agency assure an equitable distribution of awards among qualified vendors? |
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Required. [FTA C4220.1D, 9a.] |
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31. When using FTA “micro-purchase” procurement method, how does your agency determine that the price is “fair and reasonable?” |
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Required. [FTA C4220.1D, 9a.] |
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32. Does your agency use “brand names” in procurement specs? _____ If so, are “equals” allowed and have you defined what the salient features of the brand name product are? |
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Required. [FTA C4220.1D, 8a(6)] |
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33. Are purchases made from petty cash or using credit cards included in your agency’s procurement procedures? |
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Same requirements apply. |
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34. Are “emergency” procurements subject to your agency’s transit procurement policies and procedures? _____ How many “emergency” procurements were made over the last year? |
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Emergencies can happen, but multiple emergencies may indicate a general failure to follow established/required procedures. |
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35. Does your agency make payment to any vendors in advance of receiving the merchandise or in advance of the service being performed? |
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May do so using local money, but if federally funded, may not draw down FTA funds until delivery/acceptance. [FTA C4220.1D,12a.] |
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36. If advance payments were made under any capital grants, were federal funds drawn down prior to the delivery of the merchandise or performance of the services involved? |
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Prohibited. (See above.) |
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37. Has your agency made progress payments under any FTA capital project? ______ If so was title to the completed work obtained prior to requesting federal reimbursement? |
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Required. [FTA C4220.1D, 12b.] |
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38. Within the last two years, have any procurements been awarded to other than the lowest responsive and responsible bid/quote? |
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Prohibited. [FTA C9220.1D, 9c(2)(d).] |