2019-020-E AMS - NCSU electric motorcycle grant

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DocuSign Envelope ID:25158025-ADOF-4044-B3BF-3AB3BFDF53FD eCFR--Code of Federal Rtguiations hitps-//www.ecfr.gov/cgi-bin/text-idx?SID=74dOb655O2c549f3eI ldf.. and .�.d. f }equipmentproperty whenever such use is feasible and redtt�pi'rdje`ct' sts. (g)The non-Federal entity Is encouraged to use value engineering clauses In contracts for construction projects of sufRcierrt size to offer reasonable opportunitles for cost reductions.Val us engineering Is a systematic and creative analysis of each contract Item or taste to ensure that Its essential function Is provided at the overall lower cost, (h)The non-Federal ontlty must award contracts only to responsible contractors possessing the ability to perform successfufly under the terms and conditions of a proposed procurement.Consldaration will be given to such matters as contractor integrity,camp Hence with public policy,record of past performance,and financleI and technical resources.See also§200.213 Suspension and debarment. (1)The non-Federal entity must maintain records sufficient to detail the history of procurement.These records will Include,but are not neeessaray limited to the following.rationale for the method of procurement,selection of contract type, contractor selection or rejection,and the basis for the contract price. 0)(1)The non-Federal entity may use a time and materials type contract only after a determination that no other contract Is suitable and if tha contract includes a calling price that the contractor exceeds at Its awn risk.Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of: (1)The actual cost of materials;and (11)Direct labor hours charged at fixed hourly rates that reflect wages,general and administrative expenses,and profit. (2)Since ibis formula generates an open-ended contract price,a time-and materials contract provides no positive profit Incentive to the contractor for cost control or labor efficiency.Therefore,each contract must set a ceiling price that fhe contractor exceeds at Its own risk.Further,the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor Is using efficient methods and effective cost controls. (k)The non-Federal entity atone must be responsible.In accordance with good administrative practice and sound business judgment,for the settlement of all contractual and adminlstrailve issues arising out of procurements.These issues include,but are not limited to.source evaluation,protests,disputes,and claims.These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts.The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter Is prlmariiy a Federal concern.Violations of law will be referred to the local,state,or Federal authority having proper judsdlctlon. (78 FR 78608,Dec.26,2013.as amended at 79 FR 76885,Dec.19,2014;80 FR 43309,July 22.20161 §20D.319 Competition. (a)All procurement transactions trust be conducted in a manner providing frill and open competition cc nsistent with tha standards of this section.In order to ensure objective oantractor performance and ellminate unfair oompetitive advantage,contractors that devatop or draft specifications,requirements,statements of work,or Invitations for bids or requests for proposals trust ba excluded from competing for such procurements.Some of the situations con old ered to be restrictive of competition include but are not limited to: (1)Placing unreasonable requirements on firms In order for them to quaafy to clo business; (2)Requiring unnecessary experience and excessive banding; (3)Noncompetitive pricing practices between firms or between affiliated companies; (4)Noncompetltive contracts to consultants that are on retainer contracts; (5)Organizational conflicts of Interest; (6)Specifying only a Wand name'product instead of allowing"an equal'product to be offered and describing the performance or other retevant requirements or the procurement;and (7)Any arbitrary action in the procurement process. (b)The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively Imposed state,local,or tribal geographical preferences In the evaluation of bids or proposals,except In those cases where applicable Federal statutes expressly mandate or encourage geographic preference.Nothing In this section preempts state licensing laws.When contracting for"Itectural and engineering(AIE)services,geographic lc=fian may be a selection criterion provided its appacatlon leaves an appropriate number of qualified firms,given the 2 of 6 8115/17, 12:16 PM