§ 7-1.101

Establishment of ICA procurement regulations.

(a) The ICA Procurement Regulations (ICAPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System.

§ 7-1.102 Authority.

The ICA Procurement Regulations are prescribed by the Director, International Cooperation Administration, pursuant to the authority of the Mutual Security Act of 1954, as amended; Executive Order No. 10784, as amended; and the Federal Property and Administrative Services Act of 1949.

particular procurement policy or procedure is identified by the same number in both the Federal Procurement Regulations and the ICAPR except that the first digit of the number is either 1 (meaning Federal Procurement Regulations) or 7 (meaning the ICA Procurement Regulations).

(b) Where the ICAPR implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of the ICAPR will be numbered and captioned to correspond to the FPR part, subpart, section or subsection concerned.

(c) Where the ICAPR supplements the FPR and thus deals with subject matter having no counterpart in the FPR, the numbers in the group 50 through 99 will be assigned to the respective suplementing part, subpart, section or subsection.

(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR requires no implementation to adapt it to ICA procurement requirements, the ICAPR will contain no corresponding part, subpart, section or subsection. Therefore, there will be gaps in the ICAPR of part, subpart, section or subsection numbers; in such cases, reference must be made to the FPR part, subpart, section or subsection for policy and procedure applicable to ICA procurement.

These regulations shall be referred to as the ICA Procurement Regulations. They will be cited in the same manner as the Federal Procurement Regulations are cited. Thus, this section, when referred to in divisions of the ICA Procurement Regulations, should be cited as "7-1.1053 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 7-1.105-3." Any section of the ICA Procurement Regulations may be informally identified, for purposes of brevity, as ICAPR followed by the section number, i.e., "ICAPR 7-1.105-3."

necessary to adapt the new portions of the FPR to ICA procurement requirements and policies. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the ICAPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the ICAPR.

(b) Supplementation means ICAPR coverage of matters which have no counterpart in the FPR.

(a) Certain ICA procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is a justification therefor. These exclusions may include the following:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other activities of ICA as well as to procurement functions and there is need to make the issuance available simultaneously to all ICA personnel concerned.

(5) Speed of issuance is essential, numerous changes are required in this chapter, and all changes cannot be made promptly.

(b) Procurement policies and procedures issued initially as internal agency policies in other than the FPR System format under paragraph (a) (4) and (5) of this section, will be codified into the ICAPR at the earliest practicable date. § 7-1.108 Deviation. § 7-1.108-1

Description.

The term "deviation" includes any of the following sections:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the regulations.

(d) The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

(e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

(a) Other matters of a purely internal nature are contained in ICA Manual Orders.

(b) Procurement memoranda will also be employed for the information and guidance of ICA personnel.

Subpart 7-1.2-Definition of Terms § 7-1.201 Definitions.

Whenever such terms appear in the FPR or in the ICAPR, the following terms have the meanings set forth in this subpart:

§ 7-1.202 Executive agency.

"Executive agency" means the International Cooperation Administration. § 7-1.204 Head of the agency.

"Head of the agency" means the Director, International Cooperation Administration (including the Deputy Director, International Cooperation Administration).

§ 7-1.205 Procuring activity.

"Procuring activity" means the following organizational elements: the Office of Contract Relations, the Office of Administrative Services, ICA (with offices in Washington, D.C.) and each United States Operations Mission or principal ICA office or ICA representative in a Cooperating Country.

§ 7-1.209 Procurement.

"Procurement" means the acquisition (and directly related matters), from

non-Federal sources, of personal property and nonpersonal services (including construction) by such means as purchasing, renting, leasing, contracting, or bartering, but not by seizure, condemnation, donation, or requisition. It excludes purchases and contracts made by or in the name of a Cooperating Country or an agency thereof which are financed by ICA.

§ 7-1.250 Mutual Security Act.

"Mutual Security Act" means the Mutual Security Act of 1954 (Public Law 665, 83d Congress, as amended) (22 U.S.C., Chapter 24).

"USOM" means the United States Operations Mission or principal ICA office or representative in a Cooperating Country.

§ 7-1.253 Cooperating country.

"Cooperating country" means a country in which the United States has a program or activity administered by ICA under the Mutual Security Act. 7-1.254 Government, federal, state, lo

cal and political subdivisions.

The terms "Government", "federal", "state", "local", and "political subdivisions" as used throughout the FPR refer to political entities under the purview and subject to the Constitution of the United States of America and not to similar political entities constituted under a foreign authority.

Subpart 7-1.3-General Policies § 7-1.305-2 Exceptions to mandatory use of federal specifications.

In addition to the circumstances outlined in FPR 1-1.305-2, ICA may dispense with the use of federal specifications whenever their use is not consistent with conditions or program objectives in a Cooperating Country. § 7-1.306-1 Mandatory use and application of federal standards.

In addition to the exceptions specified in FPR 1-1.306-1, ICA may dispense with the use and application of federal standards whenever their use is not consistent with conditions or program objectives in a Cooperating Country.

Authorities

Determinations and findings required.

Form and requirements of determinations and findings, preservation of data.

Subpart 7-3.6-Small Purchases

7-3.600

7-3.604-5

Scope of subpart.

Limitations.

Subpart 7-3.8-Price Negotiation Policies and

7-3.805

7-3.808-5

Techniques

Selection by ICA of offerors for

negotiation and award.

Subcontracting for services.

AUTHORITY: §§ 7-3.102 (1) to 7-3.808-5 issued under sec. 521, 68 Stat. 855, as amended; 22 U.S.C. 1781(a).

SOURCE: §§ 7-3.102 (1) to 7-3.808-5 appear at 26 F.R. 6296, July 14, 1961.

Subpart 7-3.1-Use of Negotiation § 7-3.102 (1) Factors to be considered in negotiated contracts.

FPR 1-3.102 (1) does not apply to USOM procurements.

§ 7-3.102.50 Architectural, engineering and other professional services.

ICA policy permits the selection of prospective contractors by ICA/Washington for the performance of architectural, engineering and other professional