Procurement FAQs
Procurement FAQs
The Second Class County Port Authority Act, a state law and Port Authority’s enabling legislation, requires performance bonding for purchases that are in excess of $10,000 and which therefore must be publicly bid.
The performance bond requirement for equipment and material purchases, as opposed to construction contracts, is unique to the Act and applies only to Port Authority and no other Pennsylvania public transit agencies or other Pennsylvania government agencies. However, we recognize that the performance bonding requirement for equipment and material purchases creates challenges for vendors.
PRT is working with its lobbyists and other stakeholders to pursue a change in the Second Class County Port Authority Act to remove this mandatory performance bonding requirement for purchases. If this legislative change is accomplished, Port Authority will provide notice to its vendors, and request for bid documents for equipment and material purchases would no longer reflect a performance bond requirement except in very limited, unique instances.
There are many factors that PRT must consider prior to using a cooperative contract.
Because project funding can be from Federal, State, and/or Local sources, there are different legal requirements for each. As an example, there is a Federal piggyback requirement checklist when using Federal funding. If the cooperative contract we seek to utilize does not meet just one of the requirements, then PRT cannot make the purchase from the cooperative contract.
Some of the basic factors that play into the decision to participate in a cooperative contract include:
- - The contract is indeed open to our agency to use
- - The contract was competitively bid
- - The price is determined to be “fair and reasonable” and consistent with/or better than current market pricing or existing pricing that PRT is receiving under its own bidding process
- - The items considered for purchase and the delivery schedule meet the PRT's requirements
- - Risk to PRT services
These are just a few of the considerations that must be taken into account when a cooperative contract purchase is being considered by PRT.
PRT must balance its own resources with the potential for single or multiple contracts, and evaluate the method of award prior to placing the solicitation for bid. PRT determines the best award method for the bid in consideration of the resources available for bidding and managing the contracts.
Determining factors may include, but are not limited to the following:
- - The relationship of the parts/items to each other and the market availability of those parts/items
- - PRT's staffing availability for contract management of multiple contracts versus a single all-encompassing contract
- - The ability of potential bidders to supply all of the parts/items versus a smaller portion of parts/items in the timeframes required
PRT may group certain “like” parts/items together for a single award while having the remaining parts/items as a line item award on the same solicitation, which may result in multiple contracts from the single solicitation. PRT may also review its previous solicitation (if one exists) to determine if sufficient participation in the bid event was present and make an adjustment if required. PRT may review changes in the markets for those parts/items to determine the method of award.
For federally funded purchases, PRT is generally prohibited by applicable Federal Transit Administration regulations from acquiring professional services through an unsolicited proposal method as this does not meet the federal requirement for full and open competition. Port Authority must follow its Board-adopted (and FTA approved) procedures for competitively procuring professional services, which does not allow for unsolicited proposals.
On the state funded purchasing side, PRT can consider unsolicited proposals, but any that may be of interest to PRT must still be vetted through a competitive request for proposal process.
If vendors have ideas they want to propose to PRT, and assuming there is not already an active solicitation for such services, the recommended approach is to meet with the relevant PRT Division or Department representative to present your idea(s). If PRT management deems the idea(s) one that PRT may want to pursue and fund, then PRT would develop a formal scope of services and issue a request for proposals to ensure it complies with all applicable laws and receives the best price possible.
PRT's contracts are awarded based on the criteria set forth in the RFP. Experience of a firm and its staff is evaluated and scored based on their qualifications and ability to perform the specified contract services. Once awarded a contract, if the contractor is substituting for approved staff that was initially evaluated in the proposal stage, PRT expects any substitution staff to have similar experience.
After award of a contract, when PRT requests a work order proposal from the consultants, PRT experience is not usually required; but PRT requires the staff to have relevant experience for the work they will be performing. For very specialized work, PRT may request certain individuals or specific skill sets to set the project up for success.
Additionally, PRT may request named staff from the consultant’s proposal to be assigned to specific projects. It’s the responsibility of the consultant to assure that personnel are fully qualified to perform the contract services specified in the scope of services of the RFP.
There are specific laws and regulations that are unique to PRT that most transit or other state agencies do not have to follow. Because PRT falls under its own unique enabling legislation - the Second Class County Port Authority Act - there are certain requirements that our solicitation process must meet that can lengthen the process compared to other agencies. For example, PRT is required to advertise RFP solicitations for a minimum of 30 days in at least one newspaper of general circulation, published or circulating in the county.
PRT is required to comply with the Second Class County Port Authority Act as well as the federal Brooks Act when procuring professional services such as architectural, engineering and construction services.
This often requires a two-step process that entails advertising the RFP, and the submission of letters of interest from proposers that are then evaluated by a committee to determine whether the proposers are qualified. Based on the top-rated evaluations, the qualified proposers are then invited to submit technical proposals that are then reviewed by an evaluation committee.
Once the technical evaluations are completed, the top-rated proposer is selected and direct contract negotiations may begin. This can often take several months to complete, following which an Agreement consistent with the negotiations is drafted and presented to PRT's Board for approval. However, PRT does its best to move this process forward at a timely and deliberate pace.
As a general policy, PRT utilizes prequalification lists only under unique circumstances for highly technical types of procurements, where it is determined by PRT that prequalification is essential to assuring that the contract or commodity will satisfy PRT standards for a specific, highly technical procurement need. Full and open competition is the guiding principle of PRT's procurement requirements and generally opening up its professional services RFPs to all interested vendors via full advertisement and vetting supports that goal.
Diverse and Small Businesses have the opportunity to partner with other businesses on PRT's RFP solicitations in various ways. One option is to combine businesses on a particular solicitation. This is considered to be a Joint Venture, which allows an association of two or more businesses to carry out a single business enterprise for profit for which they combine their property, capital, efforts, skills and knowledge for the purpose of proposing on an RFP and executing an agreement as a single business entity.
Another option for a diverse or smaller business for business opportunities is to join with a larger company as a subcontractor on a specific project. For small business, DB/DBE subcontractor opportunities, please contact us.
Awarded prime contractors are responsible for management, direction, design integration, scheduling, control, review and approval of all subcontract work and services. Additionally, the prime contractor is responsible for assuring that all subcontract work is in conformance with PRT's agreement, policies, standards and criteria, and all applicable laws.
The prime contractor is required to pay its subcontractors and suppliers all wages, salaries and other amounts due to their respective employees who perform on the prime contractor’s behalf under the Agreement with the Authority. PRT holds the prime contractor responsible for all reports, payments and other obligations respecting such employees, those obligations relating to social security, income tax withholding, unemployment compensation and worker’s compensation, as the agreement is binding between PRT and the prime contractor.
By assigning these responsibilities to the prime contractor, sub-contractors do not have to have large staff or resources to focus on contract administration, but rather, can focus on providing their respective technical expertise under the subject contract.
PRT is dedicated to encouraging contract participation by diverse businesses, disadvantaged business enterprises, and small business entities. We must, however, assure that our contractors maintain sufficient insurance coverages to protect PRT from risks inherent in the contractual activities that our contractors perform.
PRT does not take lightly the impact of insurance costs on contractor bidding due to PRT's commitment to encouraging small and diverse business participation in its procurements. Since these costs are ultimately “passed on” in the form of higher contract prices to PRT, we attempt to establish an appropriate balance between risk mitigation and establishing a robust, competitive bidding environment.
To accomplish an appropriate balance, PRT utilizes the services of a third party, independent insurance broker, who reviews the anticipated contract services and provides expert advice to PRT as to what insurance coverages should be required of the contractor, consistent with relevant industry standards for the required contractual activities.
On occasion, potential bidders for a solicitation submit pre-bid questions to PRT, seeking reconsideration of insurance requirements where a potential error in risk assessment is perceived. In such circumstances, PRT does consider a potential bidder’s comments, consults with its insurance broker, and where appropriate, makes revisions to the solicitation insurance requirements before bids are due. Overall, our experience has been that the vast majority of our contractors, including their diverse and small business subcontractors, have been able to fully comply with the insurance requirements established by our broker.
As a requirement to contracting with PRT, upon request by PRT, the prime contractor is required to meet with us to discuss the DB plan (or if applicable, DBE plan), and/or subcontractors plan. The purpose of the meeting is to consider whether the DB (DBE) commitment of the contractor is in compliance with the Agreement. At the meeting, the contractor will have an opportunity to present information pertinent to its compliance with the applicable requirements.
Vendors can also contact us with any questions or concerns.
A listing of purchasing events, which includes RFBs, RFPs, or RFQs are currently advertised on our Bids and RFPs page. Here you will also find closed RFP and RFB solicitations. Note: The list of Requests for Bids (RFBs) is not compatible to retrieve information on Internet Explorer. Vendors should use Google Chrome, Microsoft Edge or Safari.
Additionally, upon completion of your registration to become a bidder you will receive automatically generated emails on any solicitations proposed in the categories that you choose.
Current solicitations can also be found in the Pittsburgh Post-Gazette and New Pittsburgh Courier.