Issues Involving Surety for Public Transportation Projects (2012) / Chapter Skim
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Pages 42-48
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42 lion, was completely funded by New York City through Transportation Infrastructure Finance and Innovation Act (TIFIA) bonds.
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43 DBB construction projects versus those delivered through alternative delivery processes. Next, the survey targeted whether agencies rigidly follow the Third Party Contracting Guidance FTA Circular 4220.1F, Rev.
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44 Figure 5. Techniques Authorized on DBB Projects Responses total more than 100 percent because some respondents appropriately chose more than one answer.
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45 vided with their responses made it clear that this is not something that can be done routinely or as a matter of choice. The overwhelming number of responses cited to the use of this process when the lowest bidder was "nonresponsive," had "incorrect pricing," or did not "meet the test as a responsible contractor." Two respondents stated that they were able to use someone other than the lowest bidder on emergency projects.
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46 Based on the above, it should be no surprise that more respondents have used DB than any other alternative system: 48.4 percent claimed to have used it to date. Forty-five percent have not used any alternative system.
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47 Of the respondents who said that 100 percent payment bonds were not mandatory for DBB projects, some noted that they had the ability to use LOCs and parent guarantees in substitution of payment bonds or in combination with payment bonds. Others indicated that they follow FTA's minimum requirements set forth above.
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From page 48... ...
48 only one that answered this question affirmatively; it stated that in the past 10 years, it had requested relief from full bonding on the four projects referenced in Section VII.C above, all of which were approved by FTA. As noted in Section VII.C, these projects all used alternative project-delivery approaches and ultimately had bonds in the penal sum of 50 percent of the contract price.
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