These FAQs do not have the force and effect of law and are not meant to bind the public in any way. These FAQs are intended only to provide clarity to the public regarding existing requirements under the law or agency policies. FTA recipients and subrecipients should refer to FTA’s statutes and regulations for applicable requirements.
While FTA may permit a recipient to use of a sole source method of procurement for a project supported by Emergency Relief Program funds, the recipient must seek and obtain FTA’s approval in writing. FTA will only permit a recipient to use Section 5324 Emergency Relief Program funds to support a sole source procurement, if the recipient articulates compelling written justification for the sole source procurement consistent with the Common Grant Rule, FTA’s Third Party Contracting Guidance Circular 4220.1F, and FTA’s Best Practices Procurement Manual.Recipients must send a written request for approval to the appropriate Regional Office POC, and the recipient must provide compelling justification and any relevant supporting documentation for the sole source procurement, consistent with applicable law. FTA will review the request and if FTA agrees with the request, FTA will require the grantee to attach the sole source justification in TEAM, and the award of the grant will serve as the approval. For grants already awarded, FTA will document its approval of the request in writing (e.g. email), and FTA will require the grantee to attach the sole source justification in TEAM. The recipient is at risk for any sole source contract commitments made prior to receiving FTA’s approval. FTA reserves the right to review any project-related documentation at any time during project development.FTA strongly recommends that recipients submit requests for approvals of sole source procurements as early as practicable in the procurement process. Recipients should not assume that requests for approvals of sole source procurements will be granted. If a recipient has not articulated a compelling justification for a sole source procurement consistent with the Common Grant Rule, FTA may require the recipient to submit a request to waive the full and open procurement requirements through FTA’s Emergency Relief Docket (available at www.regulations.gov, docket number FTA-2013-0001).