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<br />City of Sunny Isles Beach | RFP Bella Vista Park Dock Reconstruction 19-07-01 42 <br /> <br />(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in <br />response to a written request from the non-Federal entity; or <br />(4) After solicitation of a number of sources, competition is determined inadequate. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10, 2015] <br /> <br />§200.321 Contracting with small and minority businesses, women's business enterprises, and labor <br />surplus area firms. <br /> <br />(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, <br />women's business enterprises, and labor surplus area firms are used when possible. <br />(b) Affirmative steps must include: <br />(1) Placing qualified small and minority businesses and women's business enterprises on solicitation <br />lists; <br />(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever <br />they are potential sources; <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit <br />maximum participation by small and minority businesses, and women's business enterprises; <br />(4) Establishing delivery schedules, where the requirement permits, which encourage participation by <br />small and minority businesses, and women's business enterprises; <br />(5) Using the services and assistance, as appropriate, of such organizations as the Small Business <br />Administration and the Minority Business Development Agency of the Department of Commerce; and <br />(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in <br />paragraphs (1) through (5) of this section. <br /> <br />§200.322 Procurement of recovered materials. <br /> <br />A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors <br />must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation <br />and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines <br />of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of <br />recovered materials practicable, consistent with maintaining a satisfactory level of competition, where <br />the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding <br />fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes <br />energy and resource recovery; and establishing an affirmative procurement program for procurement of <br />recovered materials identified in the EPA guidelines. <br /> <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] <br /> <br />§200.323 Contract cost and price. <br /> <br />(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement <br />action in excess of the Simplified Acquisition Threshold including contract modifications. The method and