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"'YY or sUN "_ <br />energy and resource recovery; and establishing an affirmative procurement program for procurement of <br />recovered materials identified in the EPA guidelines. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] <br />§200.323 Contract cost and price. <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 <br />degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a <br />starting point, the non -Federal entity must make independent estimates before receiving bids or <br />proposals. <br />(b) The non -Federal entity must negotiate profit as a separate element of the price for each contract in <br />which there is no price competition and in all cases where cost analysis is performed. To establish a fair <br />and reasonable profit, consideration must be given to the complexity of the work to be performed, the <br />risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its <br />record of past performance, and industry profit rates in the surrounding geographical area for similar <br />work. <br />(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to <br />the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the <br />non -Federal entity under Subpart E—Cost Principles of this part. The non -Federal entity may reference its <br />own cost principles that comply with the Federal cost principles. <br />(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must <br />not be used. <br />§200.324 Federal awarding agency or pass-through entity review. <br />(a) The non -Federal entity must make available, upon request of the Federal awarding agency or pass- <br />through entity, technical specifications on proposed procurements where the Federal awarding agency or <br />pass-through entity believes such review is needed to ensure that the item or service specified is the one <br />being proposed for acquisition. This review generally will take place prior to the time the specification is <br />incorporated into a solicitation document. However, if the non -Federal entity desires to have the review <br />accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity <br />may still review the specifications, with such review usually limited to the technical aspects of the <br />proposed purchase. <br />City of Sunny Isles Beach I ITB 20-08-01 City Landscaping Services <br />