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RES 221284
City of Pleasanton
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RES 221284
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5/4/2022 12:30:31 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/2022
DESTRUCT DATE
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Cities of Dublin and Pleasanton | Disaster Debris Management Plan | 2022 <br />104 <br /> <br />(4) After solicitation of a number of sources, competition is determined inadequate. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, <br />Sept. 10, 2015] <br /> <br />§200.321 Contracting with small and minority businesses, women's business enterprises, <br />and labor surplus area firms. <br />(a) The non-Federal entity must take all necessary affirmative steps to assure that minority <br />businesses, women's business enterprises, and labor surplus area firms are used when <br />possible. <br /> <br />(b) Affirmative steps must include: <br />(1) Placing qualified small and minority businesses and women's business enterprises on <br />solicitation lists; <br />(2) Assuring that small and minority businesses, and women's business enterprises are <br />solicited whenever they are potential sources; <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or <br />quantities to permit maximum participation by small and minority businesses, and <br />women's business enterprises; <br />(4) Establishing delivery schedules, where the requirement permits, which encourage <br />participation by small and minority businesses, and women's business enterprises; <br />(5) Using the services and assistance, as appropriate, of such organizations as the Small <br />Business Administration and the Minority Business Development Agency of the <br />Department of Commerce; and <br />(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative <br />steps listed in paragraphs (1) through (5) of this section. <br /> <br />§200.322 Procurement of recovered materials. <br />A non-Federal entity that is a state agency or agency of a political subdivision of a state and <br />its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended <br />by the Resource Conservation and Recovery Act. The requirements of Section 6002 include <br />procuring only items designated in guidelines of the Environmental Protection Agency (EPA) <br />at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, <br />consistent with maintaining a satisfactory level of competition, where the purchase price of <br />the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal <br />year exceeded $10,000; procuring solid waste management services in a manner that <br />maximizes energy and resource recovery; and establishing an affirmative procurement <br />program for procurement of recovered materials identified in the EPA guidelines. <br />[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014] <br /> <br />§200.323 Contract cost and price. <br />(a) The non-Federal entity must perform a cost or price analysis in connection with every <br />procurement action in excess of the Simplified Acquisition Threshold including contract <br />modifications. The method and degree of analysis is dependent on the facts surrounding <br />the particular procurement situation, but as a starting point, the non-Federal entity must <br />make independent estimates before receiving bids or proposals. <br />
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