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• Direct labor hours charged at fixed hourly rates that reflect wages, general and <br />administrative expenses and profit. <br />(k) The City alone must be responsible, in accordance with good administrative practice <br />and sound business judgement, for the settlement of all contractual and administrative <br />issues arising out of procurements. These issues include, but are not limited to, source <br />evaluation, protests, disputes, and claims. These standards do not relive the city of any <br />contractual responsibilities under its contracts. The Federal awarding agency will not <br />substitute its judgement for that of the city unless the matter is primarily a Federal <br />concern. Violations of law will be referred to the local, state or Federal authority <br />having properjurisdiction. <br />200.319 (a-g) COMPETITION <br />(a) All procurement transactions under Federal award must be conducted in a <br />manner that provides full and open competition and is consistent with the <br />standards of this section and 200.320. <br />(b) To ensure objective contractor performance and eliminate unfair competitive <br />advantage, contractors that develop or draft specifications, requirements, statements of <br />work, or invitations for bids must be excluded from competing on those procurements. <br />(c) Examples of situations that may restrict competition include, but are not limited to: <br />(1) Placing unreasonable qualifying requirements on firms <br />(2) Requiring unnecessary experience and excessive bonding requirements <br />(3) Noncompetitive pricing practices between firms or affiliated companies <br />(4) Noncompetitive contracts to consultants that are on retainer <br />(5) Organization conflicts of interest <br />(6) Specifying on a "brand name" instead of allowing for "an equal' product <br />(9) Arbitrary actions <br />(d) The recipient or sub recipient must have written procedures for procurement transactions. <br />These procedures must ensure all solicitations: <br />(1) Are made in accordance with 200.319(b); <br />(2) Clear and accurate description of the technical requirements for material, product or <br />services. <br />(3) Identify any additional requirements which the offerors must fulfill and all other <br />factors that will be used in evaluating bids or proposals. <br />(e) The recipient or subrecipient must ensure all prequalified lists of persons, firms or products <br />used in procurement transactions are current and include enough qualified sources to <br />ensure maximum open competition. When establishing or amending prequalified lists, the <br />recipient or subrecipient must consider objective factors that evaluate the price and cost to <br />maximum competition. The recipient or subrecipient must not preclude potential bidders <br />from qualifying during the solicitation period. <br />