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7 CITY OF SUNNY;ISLES BEACH _ , : It 18070 Collins Avenue Sunny Isles Beach, Florida 33160 s)""'-',"1'';(4� 305;947:0600 ,ot `'� wwvr.sibll:netv. `-t0".1 90 '•F L o" 054. c�of3Uµra .0,Ci: ti k,. contract must set a ceiling price that the contractor exceeds at its own risk. Further,the non-Federal'"\'°`''e`-- ', 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 good 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 entity 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. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309,July 22, 2015] §200.319 Competition. (a)All 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 eliminate unfair competitive 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 touali q fy to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5)Organizational conflicts 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 g phic p ref r e ence. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering(A/E)services,geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms,given the nature and size of the project, P 1 , to compete for the contract. (c)The non-Federal entity must have written procedures for procurement transactions.These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum City of Sunny Isles Beach I RFP Bella Vista Park Dock Reconstruction 19-07-01 39