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Section 4: Subcontracts

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Requirements

Contracts between the MPO and another entity are considered subcontracts, or third-party contracts, by the state. As such, they are subject to the same requirements and standards as is the MPO.

Subcontracts must include all provisions required by the state or FHWA in the contract between the state and the MPO. Subcontractors must be aware of federal and state requirements. Subcontracts are subject to the records retention and accessibility requirements of the MPO.

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Prior Authorization

Any subcontract for services rendered by individuals or organizations which are not a part of the MPO’s organization, shall not be executed without prior authorization and approval of the subcontract by the department, and when federal funds are involved, by FHWA/FTA also. If the work for the subcontract is authorized in the current approved UPWP, and if the MPO’s procurement procedures for negotiated contracts have been approved by the department either directly or through a Certification of Compliance (Appendix E of the example UPWP format) by the MPO, the subcontract shall be deemed to be authorized and approved, provided that the subcontract includes all provisions required by the department and the FHWA and FTA. No subcontract will relieve the MPO of its responsibility as determined by the MPO planning contract, Article 15.

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Prior Authorization Exception

If the MPO has certified its procurement procedures with the Certification of Compliance, or if the procedures have been approved by the department and the FHWA/FTA, then the MPO is not required to submit its subcontracts to the state for approval.

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Example Subcontract

Districts may provide an example subcontract for consultant work to MPOs if desired.

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Distribution

The MPO must submit a copy of each executed subcontract to the district within thirty days after execution. The district forwards a copy to TPP, who then sends it to FHWA.

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