REQUIRED CLAUSES

SMART was created through legislation, Public Act 204, enacted by the Michigan Legislature and signed into law by the Governor in 1974.  SMART receives funding from the federal government, via the Federal Transit Administration (FTA), the State of Michigan, via the Department of Transportation (MDOT), and the counties of Macomb, Oakland and Wayne.  As a public agency and because of the multiple funding sources, SMART is governed by all of these same entities.

The procurement function at SMART must comply with FTA Circular (C) 4220.1E, State law, Section 17 of P.A. 204, as amended, and policy as set forth by SMART’s Board of Directors in Board Policy Number 1, Contracting Policy.  Section 3 of the FTA C 4220.1E lists nine references which are the foundation of the circular.  Although not specifically listed in Section 3, the Federal Acquisition Regulations (FAR) is a reference by inference in Section 10, Sub-section d, Federal Cost Principles.  Direct reference to required clauses can be found in sections 5.e., 15 and 16 of the circular.  Lastly, required clauses are stipulated throughout the circular.

“Governing Documents” provides a listing of the federally required and other model contract clauses along with a reference and other helpful information.  The “Matrix Guide” has been provided simply as a guide to assist in the applicability of the many clauses.  As a guide, this matrix is not meant to be a complete and accurate list and can not be relied upon to satisfy the legal and regulatory requirements of any procurement action.

The Manager of Procurement is responsible to the General Manager for ensuring compliance with all of the requirements set forth in these governing documents.  The professional staff in SMART’s Procurement Department is responsible for knowing which requirements apply and for reconciling any conflict among the multiple requirements.  Refer to the Contact Listing for the Procurement Department should you wish to speak to someone regarding contract clauses.

Matrix Guide      Governing Documents