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, the State of Michigan, via the Department of Transportation, and funding raised through a local millage in Macomb, Oakland and Wayne Counties. 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 the following:
FTA Circular (C) 4220.1F
Section 3 of the FTA C 4220.1F 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.
State law, Section 17 of P.A. 204 of 1967, as amended.
Policy as set forth by SMART's Board of Directors in Board Policy Number 1, Contracting Policy.
"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 General Counsel of the Authority shall review all contracts of the Authority to assure their sufficiency as to form, compliance with laws and regulations, terms of applicable grant contracts, and to otherwise protect the best interest of the Authority. The Manager of Procurement is responsible to the General Manager for ensuring compliance with all of the requirements set forth in these governing documents. All of the requirements do not apply to each solicitation issued by the Procurement Department. In addition, the requirements of each document differ in many respects.
The professional staff in SMART's Procurement Department is responsible for knowing which requirements apply and for reconciling any conflict among the multiple requirements. Please contact the Procurement Department should you wish to speak to someone regarding policies and regulations.
Interested parties that believe they have been aggrieved by a solicitation or the award of any resulting contract may file a written notice of protest with the General Manager of SMART. This must be via certified mail, with a copy served upon General Counsel in the same manner. The General Manager or their designee shall review and determine the merits of any such protest. The General Manager may, at their sole discretion, schedule a hearing on the protest and/or receive evidence or legal argument from any interested party, but shall not be bound by the rules of evidence nor formal procedure. The General Manager shall issue their conclusion to the protesting party in writing via certified mail, and shall also advise the SMART Board of Directors.
Protests addressing the adequacy of the solicitation process, and all solicitation documents, must be received by the General Manager no later than five (5) business days before the Proposal Due Date (See Section 1.01). Notice of protest of the award of a solicitation must be received by the General Manager no more than five (5) business days after the SMART Board of Directors has authorized the General Manager to award a contract for that solicitation. Failure to adhere to these time limitations will result in the issues being waived by all interested parties.
All determinations made by the General Manager are final. Review of protests and the disposition thereof filed with the FTA will be limited to a determination as to whether SMART has a written protest procedure, or fails to follow its procedures. Protests to the FTA are governed by FTA Circular 4220.1(F), as amended. All protests shall be made in accordance with any and all applicable laws, regulations and ordinances.