2019-875-E AMS - NC State University electric vehicle charger replacement grant

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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B eCFR--Cade of Federal Regulations https://www.ecfrgov/cgi-binitext-idx7SID=74dGb65502c549Bcl Idf... aqu1pment and property whenever such use Is feasible and redddes pljdct' sts. (g)The non-Federal entity is encouraged to use value engineering clauses In contracts for construction projects of sufficient size to offer reasonable opportunitlas for cost reductions.Value englneering is a systematic and creative analysis of each contract Item or task to ensure that Its essential Function is provided at the overall lower cost. (h)The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement.ConsIderatlon wlII be given to such matters as contractor integrity,compliance with public policy,record of past performance,and financlal and technical resources.See also§200.213 Suspension and debarment. (I)The non-Federal entity must maintain records sufficlent to detail the history of procurement.These records will include,but are not necessarily 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 the contract Includes a ceiling price that the contractor exceeds at its own risk.Time and materials type contract means a contract whose cast to a non-Federal entity is the sum of* (1)The actual cost of materials;and (ii)Direct labor hours charged at fixed hourly rates that reflect wages,general and administrative expenses,and profit. (2)Since this 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 the 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 alone must be responsible,in accordance with goad administrative practice and sound business Judgment,for the settlement of all contractual and administrative 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 ent€ty 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 primarily a Federal concern.Violations of law will be referred to the local,state,or Federal authority having proper Jurisdiction. 178 FR 78608,Dec.26,2013,as amended at 79 FR 75885,Dec.19.2014;80 FR 43309,,July 22,2015] §200.319 Competition. (a)Ail procurement transactions must be conducted in a manner providing full and open competition consistent with the standards of this section.In order to ensure objective contractor performance and eIIm€hate unfair earnpetltive advantage,contractors that develop or draft specifications,requirements,statements of work,or invitations for bids or requests for proposals must be excluded from competing for such procurements.Some of the situations considered to be restrictive of competition include but are not limited to: (1)Placing unreasonable requirements on firms In order for them to qualify to do business; (2)Requiring unnecessary experience and excessive bonding; (3)Noncompetifive pricing practices between fums or between affiliated companies; (4)Noncompetitive contracts to consultants that are on retainer contracts; (5)Organizatlonat confilcts of Interest; (6)Specifying only a`brand name"product Instead of allowing"an equal"product to be offered and describing the performance or other relevant requirements of 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 architectural and engineering(ME)services,geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms,given the 2 of 6 8115/17, I2:16 PM