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"rror sur'r- own risk. i ime and materials type contract means a contract wRose cost to a non -Federal entity is tRe sum OT: (i) The ai ival cost of materials; and tii) Direct IaBor Rours cRargea at fixes Rourl, rates Mat reflect -ries, gcneral ..nd uanmini..tr..ti.e e..penses, and profit. (2) Since this formula generates an open-ended contract price, a time -and -materials contract provides no positive prom incentive to T.Re contractor for cost control or IaMor emciency. inerefore, eacR contract most set a ceiling price tRat tRe cvPltr4.ctvr e..cce53 ..t it.. own r�,K. FWiRR�r, tRc non-Fcdcrol cntit, awarding such a contract must assert a high degree of oversibht in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (R) ane non-Feaeral entity alone must Be responsiBle, in accordance witR good administrative practice and sound Business;aagmem, Tv.'tRc scttlen7cRt or .11 eomir.daul and Ormimi..trutiwe i3.0c. wFUR5 oOt or procurem. ents. 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 coniranual responsibilities under its contrans. 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 tRe local_ state_ or Federal autnority Raving proper jurisdiction. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015] §cU0.si9 Competition. (a) All procurement transactions must be conduced in a manner providing full and open competition consistent with the standards of this section. In order to ensure objective contranor performance and eliminate unfair competitive advantage, contractors tRat Develop or Draft specincaLions, requirements, statements of worn, or invitations for Bids or requests Tor proposals must Be e..cleded TFvFR evnlpctln6 ToT AMR proearcm9ent... barme oT the aita. EioM cvn..iac;- ca to Be rc3trictive vT carmpeCtion include but are not limited to: (.L) Placing unreasonable requirements on firms in order for Tnem to quality to Do Business; (2] Requirino unnecessa� yy experience and excessive bonding; (s) Noncompetitive pricing practices Between firms or Between aTidiatea companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; City of Sunny Isles Beach I ITB 18-03-02 Parks and Recreational Facilities Landscape Maintenance Services Lukes' juxnascaping; Inc.