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Page 28 of 52 <br />where price is not used as a selection factor, can only be used in procurement of A/E <br />professional services. It cannot be used to purchase other types of services though <br />A/E firms are a potential source to perform the proposed effort. <br />(e) [Reserved] <br />(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is <br />procurement through solicitation of a proposal from only one source and may be used <br />only when one or more of the following circumstances apply: <br />(1) The item is available only from a single source; <br />(2) The public exigency or emergency for the requirement will not permit a delay <br />resulting from competitive solicitation; <br />(3) The Federal awarding agency or pass -through entity expressly authorizes <br />noncompetitive proposals in response to a written request from the non -Federal <br />entity; or <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] <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 />(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 />Agreement No. R20AP00075 Agreement Template <br />2 0 C— V 0 (03/2019) <br />