2019-020-E AMS - NCSU electric motorcycle grant

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DocuSign Envelope ID:25158025-ADOF-4044-B3BF-3AB3BFDF53FD cCFR—Code of Federal Regulations https:/Avww.ecfr.gov/cgi-bin/text-idx?5ID=74dOb655O2c549©cI Idf... §200.322 Procurement of recovered materials. A non-Federal antlty that Is a atate agency or agency of a political subdivision of a state and Its contractors must comply with section 0002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section e002 include procuring only items designated in guld0ries of the Environmental Protection Agency(EPA)at40 CFR part 247 that contain the highest percentage of recovered matertat$practicable,consistent with maintalning a satisfactory level of competition,where the purchase price of the Item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000:procuring solid waste management services In a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials Identified In the EPA guldellnes. (78 FR 78608,Des 26,2013.as amended at 79 FR 75885.Dec.19,2014) 5200.323 Contract cost and price. (a)The non-Federai entity must perform a cost or price analysis in connection with every procurement action In excess of the Simplified Acquisition Threshold including contract modlficatons.The method and degree of analysis is dependent on the facts sunounding the particular pn=rement situation,but as a starting point the non-Federal entity must make independent estimates before receiving bids or proposals. (b)The non-Federal entity must negotiate profit as a separate element of the price for each contract In which there is no prigs competition and In all cases where cost analysis is performed.To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed,the risk borne by the contractor,the contractoes investment,the amount of subcontracting,the quality of its record of past performance,and industry profit rates In the surrounding geographleal area for similar work. (c)Costs or prices based on estimated costs for contracts cinder the Federal award are allowable only to the extent that oasts incurred or cost estimates included In negotiated pd as would be allowable for the non-Federal entity under Subpart E—Cost Principles of this part.The non-Federal entity may referenoe Its own cost principles that comply with the Federal cost principles. (d)The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.324 Federal awarding agency or pass-through entity review. (a)The non-Federal entity must make available,upon request of the Federal awarding agency or pass-through entity, technical speciticatons on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service spect€Eed is the one being proposed for acqulsidon.This review generally will take place prior to the time the specification is Incorporated Into a sollc[taton document.However.If the non- Federel entity desires to have the review accomplished aftera solicitation has been developed,the Federal awarding agency or pass-through entity may still review the specifications,with such review usually limited to the technical aspects of the proposed purchase. (b)The non-Federal endty must make available upon request.for the Federal awarding agency or pass-through entity pre-procurement review,procurement documents,such as requests for proposals or Invitations for birds,or independent cost estimates,when: (1)The non-Federal entity's procurement procedures or operation falls to comply with the procurement standards In this part: (2)The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a sollchaton; (a)The procurement,which Is expected to exceed the Simplified Acquisition Threshold,specifies a*brand name' product; (4)The proposed contract Is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a seated bid procurement;or (6)A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c)The non-Fedemi entity is exempt from the pre-procurement review In paragraph(b)of this section if the Federal awarding agency or pass-through entity determines that Its procurement systems comply with the standards of this part. (1)The non-Federal entity may request that Its procurement system be reviewed by tee Federal awarding agency or 5 of 6 8115117, 12.16 PM