§ 7-1.305-2 Exceptions to mandatory use of Federal Specifications.

In addition to the exceptions stated in FPR 1-1.305-2, Federal Specifications need not be used if their use is not consistent with conditions or program objectives in a cooperating country. § 7-1.305-3

Deviations from federal

specifications.

Deviations from federal specifications will be handled as provided in AIDPR 7-1.107. The head of the procuring activity is responsible for assuring compliance with the policies stated in the Federal Procurement Regulations. The Director, Office of Contract Management, will coordinate A.I.D. efforts and activities in this regard and will provide a central liaison with the General Services Administration. Except as the head of the procuring activity directs otherwise, the procedure in FPR 1-1.305-3 is not to be followed for cases which fall within the exceptions described in AIDPR 7-1.305-2 as well as in FPR 1-1.305-2. [38 FR 28666, Oct. 16, 1973] § 7-1.306 Standards.

Section 1414 of the AID Manual tells the Missions about sources of information and assistance on specifications and standards.

§ 7-1.310-7 Information regarding responsibility.

The Small Business Office, AID/ Washington and the Auditor General will assist Contracting Officers, as requested, in developing and evaluating pertinent information.

[30 FR 12968, Oct. 12, 1965, as amended at 35 FR 11392, July 16, 1970; 36 FR 23556, Dec. 10, 1971; 38 FR 28666, Oct. 16, 1973] § 7-1.310-10 Performance records.

AID Manual Orders 1423.9 and 1423.10 set up an internal Contractor performance reporting system. Copies of the re

ports on Contractor performance and evaluation will be furnished by the procuring activities to the Small Business Office, AID/Washington, who will maintain central records of Contractor past performance.

[30 FR 12968, Oct. 12, 1965, as amended at 36 FR 23556, Dec. 10, 1971; 38 FR 28666, Oct. 16, 1973]

§ 7-1.311

§ 7-1.313

[Reserved]

Record of contract actions.

(a) In order that the official contract file may contain a full history of each procurement to support actions taken by various personnel in the procurement cycle, provide information for reviews conducted by AID or others, supply data for use in preparing replies to Congressional inquiries, and furnish essential facts in the event of litigation, each such file shall contain the following data, as applicable:

(1) A copy of the Project Implementation Order (PIO) or other action authority document that conveys authority to procure services or personal property against AID financing;

(2) On negotiated procurements, identification of the circumstance permitting negotiation (AIDPR 7-3.200-50) (FPR 1-3.2);

(3) A list of the sources solicited or justification for limiting sources (AIDPR 7-3.101-50) and a list of any firms or persons whose requests for copies of the solicitation were denied, together with the reasons for denial;

(4) A copy of the formal solicitation of proposal, the Invitation for Bid (IFB), or a record of informal solicitation of proposals:

(5) A copy of the synopsis message sent to the Commerce Business Daily for publicizing contracting or subcontracting possibilities (FPR 1-1.1003-7) or reasons for not synopsizing (FPR 11.1003-2);

(6) A copy of each signed bid or proposal received;

(7) The Bidder's Statement of Contingent Fee (FPR 1-1.505);

(8) All price and cost data submitted or used, including Certificates of Current Cost or Pricing Data (FPR 1– 3.807-4) and Cost Accounting Standards Disclosure Statement (FPR 1-3.1203);

(9) The contracting officer's determination of the contractor's responsibility (FPR 1-1.1204);

(10) A full record of negotiations (memorandum of negotiation) including, but not limited to: (i) Participants,

(ii) Dates and places of meetings,

(iii) Selection of the successful contractor, including reasons for selection, (iv) Agreements on Governmentfurnished materials, equipment, or facilities,

(v) Technical or financial recommendations,

(vi) Terms, conditions and type of contract agreed to,

(vii) Agreements on subcontracting, (viii) Justification for fixed fee or profit, and

(ix) Justification for final cost or price;

Determinations and

(11) Required Findings (FPR 1-3.302);

(12) A record of the pre-award onsite-evaluation surveys conducted (FPR 1-1.1205-4);

(13) A copy of any deviations approved pursuant to AIDPR 7-1.107 or 7-1.305-3;

(14) Any required approvals and clearances (General Counsel, Security, Technical, Auditor General, Small Business, etc.);

(15) A copy of the contract or award; (16) A copy of the synopsis message sent to the Commerce Business Daily publicizing contract awards (FPR 11.1004-1);

(17) Any exceptions or exemptions to the Buy American Act or Foreign Assistance Act (FPR 1-6.1) (AIDPR 7-6.103-51, 7-6.51 and 7-6.52);

(18) Copies of all amendments and task orders with supporting documents; (19) Copy of contractor's established policies and practices covering compensation, leave, work week, promotions, etc.;

(20) Evidence of contractor's compliance with equal opportunity provisions (AIDPR 7-12.805-4);

(21) Copies of advance payment data (FPR 1-30.4);

(22) Copies of the Federal Reserve Letter of Credit (FRLC) data (AIDPR 7-30.45);

(23) Copy of contracting officer's decisions under the Disputes clause (AID PR 7-1.318);

(24) Termination data (FPR 1-8) (AIDPR 7-8);

(25) All other pertinent correspondence, documents and reports;

(26) Final release upon completion of the contract (standard payment clause, AIDPR 7-7, 7-16.851).

[40 FR 16205, Apr. 10, 1975]

§ 7-1.318

Contracting Officer's decision under a disputes clause.

Decisions should not be issued prior to legal review. In each case, the disputes clause in the contract must be examined before a decision is issued. There are contracts for which AID has administrative responsibility which designate an official other than the Contracting Ofcer to make the decision. In such cases, the decision must be made by the designated officer, or the legal successor to the office, unless the contract is modified to provide for a decision by the Contracting Officer. The AID contract appeal procedure is in Part 7-60 of AIDPR. The paragraph set forth in FPR 1-1.318 may be modified, as appropriate, with the title "Administrator" inserted in the blank space, unless the right of appeal is to an officer other than the Administrator. § 7-1.323 Preference for U.S. flag car

riers.

to carry out the programs and activities for which they are responsible. This authority includes procurement and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to Government-wide and AID requirements and restrictions. See AIDPR 7-1.106. § 7-1.451-2 Designation of Contracting Officers.

The head of each procuring activity is authorized, except as limited in delegations of authority, regulations, or otherwise, to designate Contracting Officers. Copies of delegations and designations, and terminations thereof, will be furnished to the Director, Office of Contract Management who will keep a current record of all officers and individuals authorized to act as AID Contracting Officers.

[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.451-3 A.I.D./Washington procuring activities.

The procuring activities located in Washington are the Office of Contract Management, Office of Management Operations, Office of International Training, and Office of Public Safety. Subject to delegations of authority, the procuring activities are responsible for procurement related to programs and activities for their areas. The Office of Management Operations, which reports to the Assistant Administrator for Program and Management Services, is responsible for administrative and program support procurements. The Offices of International Training and Public Safety have limited authority for the procurement of training for participants. The Office of Contract Management, which also reports to the Assistant Administrator for Program and Management Services, is responsible for procurements which do not fall within the responsibility of other procuring activities or which are otherwise assigned to it. General delegation to A.I.D./Washington procuring activities are published in the FEDERAL REGISTER and in Chapter 100 of the A.I.D. Manual.

[38 FR 28666, Oct. 16, 1973] § 7-1.451-4

activities.

Overseas field procuring

Mission Directors (as defined in AIDPR 7-1.258) and specified subordinate in

dividuals may be redelegated procurement authority by the Assistant Administrator for Program and Management Services or his designee based on the recommendation, and with the concurrence, of the regional bureau involved. Mission Directors request a redelegation of authority through the appropriate regional bureau, A.I.D./W. The request should contain the amount desired and justification for this amount. The individual, if other than the Mission Director, who will actually exercise this authority must be named, along with his qualifications (See FPR 1-1.404-1). When such designated individual leaves the post, the designation of a replacement as a Contracting Officer will require concurrence by A.I.D./Washington in accordance with the delegation to the Mission.

[38 FR 28666, Oct. 16, 1973] 87-1.452

Contracting Officers.

§ 7-1.452-1 Authority.

Within the limits of delegations and designations, Contracting Officers are authorized to negotiate, execute, amend, terminate, and take other actions with respect to contracts.

§ 7-1.452-2 Responsibilities.

Contracting Officers will personally sign all contractual documents for which they are responsible. They are responsible for their acts as Contracting Officers and must assure themselves that actions proposed to be taken by them are authorized by law and conform to the applicable authorizing documents, that funds are available, that all required clearances and approvals are obtained, and that their actual authority encompasses all of their undertakings.

§ 7-1.453-2 Assistant Administrator for Program and Management Services. Within the principles stated above, and subject to the direction of the Administrator, the Assistant Administrator for Program and Management Services will be responsible for the development and maintenance of necessary uniform procurement policies, procedures, and standards; for providing assistance to the procuring activities as appropriate; for keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention; and for making recommendations as appropriate.

[32 FR 8467, June 14, 1967, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.454 Controller.

The Controller of AID is responsible for disbursement and other fiscal services required in connection with AID procurement.

[35 F.R. 11392, July 16, 1970]

§ 7-1.455 General Counsel.

The General Counsel is responsible for provision of necessary legal services in connection with AID procurement.

§ 7-1.456 Auditor General.

The Auditor General is responsible for the provision of financial advisory and audit services required in connection with AID procurement.

[35 F.R. 11392, July 16, 1970]

Subpart 7-1.5-Contingent Fees § 7-1.507 Use of Standard Form 119. § 7-1.507-3 Exceptions.

The exception stated in FPR 1-1.5073(f) for contracts to be made in foreign countries will not be used.

Subpart 7-1.6—Debarred, Suspended, and Ineligible Bidders § 7-1.600 Scope of subpart.

See also AID Regulation 8, which is published as Part 208 of Title 22 of the Code of Federal Regulations and is also set out as AID Manual Order 1414.13. Regulation 8 applies to certain transactions financed by AID which do not fall within the coverage of AIDPR as described in AIDPR 7–1.103. The terms of actions taken against suppliers under Regulation 8 will be applied to those suppliers with respect to procurements covered by AIDPR.

§ 7-1.604-1(b)-2 Date of the hearing.

Unless the Administrator determines that for good cause shown additional time should be granted, a hearing shall be instituted within 20 days after receipt of a request from an affected person for a hearing in response to the notice described in FPR 1-1.604-1(a). [34 F.R. 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-3 Hearing Examiner. (a) The hearing shall be conducted before an impartial hearing examiner designated by the Administrator.

(b) The Administrator shall not be limited in the choice of a hearing examiner to persons employed by A.I.D. or by any other agency of the U.S. Government.

[34 FR 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-4 Report to the Administrator.

The hearing examiner shall submit to the Administrator written findings of fact based upon the record established during the hearing and recommendations concerning the proposed debarment based upon these findings.

[34 FR. 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-5 Findings.

(a) Findings of fact adequate to establish a cause for debarment shall be based upon substantial evidence. Standards of proof necessary for criminal conviction shall not apply.

(b) Evidence of criminal intent shall not be necessary to establish a cause for debarment.

(c) Findings shall not be circumscribed by technical rules of evidence. [34 FR. 13321, Aug. 16, 1969]

§ 7-1.604-1 (b)-6 Recommendations.

The Administrator may approve or disapprove the recommendations of the hearing examiner in whole or in part. [34 F.R. 13321, Aug. 16, 1969]

§ 7-1.605 Suspension of bidders.

§ 7-1.605-2 Period and scope of sus pension.

Suppliers suspended because they have been suspended under Regulation 8 will remain suspended for the period that their Regulation 8 suspension is in effect. § 7-1.605-3 Notice of suspension.

Inquiries concerning suspended Contractors will be referred to the Assistant