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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 <br />105 <br /> <br />(b) The non-Federal entity must negotiate profit as a separate element of the price for each <br />contract in which there is no price competition and, in all cases, where cost analysis is <br />performed. To establish a fair and reasonable profit, consideration must be given to the <br />complexity of the work to be performed, the risk borne by the contractor, the contractor's <br />investment, the amount of subcontracting, the quality of its record of past performance, <br />and industry profit rates in the surrounding geographical area for similar work. <br /> <br />(c) Costs or prices based on estimated costs for contracts under the Federal award are <br />allowable only to the extent that costs incurred or cost estimates included in negotiated <br />prices would be allowable for the non-Federal entity under Subpart E—Cost Principles of <br />this part. The non-Federal entity may reference its own cost principles that comply with <br />the Federal cost principles. <br /> <br />(d) The cost plus a percentage of cost and percentage of construction cost methods of <br />contracting must not be used. <br /> <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 <br />or pass-through entity, technical specifications on proposed procurements where the <br />Federal awarding agency or pass-through entity believes such review is needed to <br />ensure that the item or service specified is the one being proposed for acquisition. This <br />review generally will take place prior to the time the specification is incorporated into a <br />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 <br />pass-through entity may still review the specifications, with such review usually limited to <br />the technical aspects of the proposed purchase. <br /> <br />(b) The non-Federal entity must make available upon request, for the Federal awarding <br />agency or pass-through entity pre-procurement review, procurement documents, such <br />as requests for proposals or invitations for bids, or independent cost estimates, when: <br />(1) The non-Federal entity's procurement procedures or operation fails to comply with the <br />procurement standards in this part; <br />(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to <br />be awarded without competition or only one bid or offer is received in response to a <br />solicitation; <br />(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, <br />specifies a “brand name” product; <br />(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be <br />awarded to other than the apparent low bidder under a sealed bid procurement; or <br />(5) A proposed contract modification changes the scope of a contract or increases the <br />contract amount by more than the Simplified Acquisition Threshold. <br />(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this <br />section if the Federal awarding agency or pass-through entity determines that its <br />procurement systems comply with the standards of this part. <br />(1) The non-Federal entity may request that its procurement system be reviewed by the <br />Federal awarding agency or pass-through entity to determine whether its system <br />meets these standards in order for its system to be certified. Generally, these reviews