§ 7-1.104-4 AIDPR Notices.

AIDPR Notices will be used to promulgate changes to the AIDPR. Such Notices will be prepared by the Assistant Administrator for Program and Management Services.

[41 FR 21639, May 27, 1976]

§7-1.104-5 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator for Program and Management Services, and under him, to the Director, Office of Contract Management, or such other office as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate.

[38 FR 28665, Oct. 16, 1973]
§ 7-1.105 Arrangement.
§ 7-1.105-1 Citation.

Any section of the AIDPR may be identified by "AIDPR" followed by the section number. Since the AIDPR is published in the FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation "41 CFR" followed by the section number, as "41 CFR 7-1.105-1."

[38 FR 28665, Oct. 16, 1973]

§ 7-1.105-5 Appendices.

Procurement policies and procedures which are essentially Agency internal instructions may be issued as AIDPR Appendices. These Appendices are identified by letter and subject title (e.g., Appendix A, (title)). Appendices are indexed and filed in AID Handbook 14, Procurement Regulations. Copies of Appendices are available from either SER/MO/PAV (Room B926, New State) or SER/CM/SD/SUP (Room 709 PP), Department of State AID, Washington, D.C. 20523. Current AIDPR Appendices are:

Appendix A. Respective Roles of Contracting and Other Personnel in the AID Procurement Process.

Appendix B. AID Contract Formats. Appendix C. Contractor Performance Evaluation Report.

Appendix D. Notice to Cost-Reimbursement

Type Contractors of Changes in Applicable Standardized Government Regulations.

Appendix E. Logistic Support Overseas to AID-Direct Contractors.

Appendix F. Direct AID Contracts with U.S. Citizens for Personal Services Abroad. Appendix G. Contract Closeout Procedures. Appendix H. Use of Collaborative Assistance Method for AID-Direct Contracts for Technical Assistance.

Appendix I. Approval and Reporting Procedures for Contractor Proposed Salaries that Exceed the FSR-1 Level. Appendix J. Resolution of Costs Questioned in Audit Reports.

[43 FR 24839, June 8, 1978]

§ 7-1.106 Implementation within AID procuring activities.

The heads of the various AID procuring activities may issue operating instructions and procedures consistent with FPR, AIDPR, and other Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance shall be forwarded to the Director, Office of Contract Management. Insofar as possible, such material will be numerically keyed to the AIDPR.

[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28665, Oct. 16, 1973]

§ 7-1.107 Deviations from Federal Procurement Regulations (FPR) and Agency for International Development Procurement Regulations (AIDPR).

[32 FR 14844, Oct. 26, 1967]

§ 7-1.107-1 Description.

The provisions of FPR 1-1.009-1 defining deviations from FPR shall also apply to the AIDPR. The following actions shall also constitute a deviation from FPR or AIDPR:

(a) When a contract clause is set forth in FPR or AIDPR verbatim, use of a collateral provision which modifies either the clause or its prescribed application.

(b) When a contract clause is set forth in FPR or AIDPR but not for use verbatim, use of a contract clause covering the subject matter which is inconsistent with the intent, principle, and substance of the FPR or

same

AIDPR clause or related coverage of the subject matter.

(c) Omission of any mandatory contract clause.

[32 FR 14844, Oct. 26, 1967]

§ 7-1.107-2 Policy.

It is the policy of AID that deviation from the mandatory requirements of FPR and AIDPR shall be kept at a minimum and be granted only if it is essential to effect necessary procurement and when special and exceptional circumstances make such deviation clearly in the best interests of the Government.

[32 FR 14844, Oct. 26, 1967]

§ 7-1.107-3 Procedure.

(a) Deviation from FPR or AIDPR affecting one contract or transaction.

(1) Deviations which affect only one contract or procurement will be made only after prior approval by the head of the procuring activity. Deviation requests containing the information listed in paragraph (c) of this section shall be submitted sufficiently in advance of the effective date of such deviation to allow adequate time for consideration and evaluation by the head of the procuring activity.

(2) Requests for such deviations may be initiated by the responsible AID Contracting Officer who shall obtain clearance and approvals as may be required by the head of the procuring activity. Prior to submission of the deviation request to the head of the procuring activity for approval, the Contracting Officer shall obtain written comments from the Office of Contract Management, Support Division. The Support Division shall normally be allowed at least five working days prior to the submission of the deviation request to the head of the procuring activity to review the request and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter review period. In addition to a copy of the deviation request, the Support Division shall be furnished any background or historical data which will contribute to a more complete un

derstanding of the deviation. The comments of the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.

(3) Coordination with the Office of General Counsel, as appropriate, should also be effected prior to approval of a deviation by the head of the procuring activity.

(b) Class deviations from the FPR or AIDPR: Class deviations are those which affect more than one contract or contractor.

(1) Class deviations from the AIDPR will be processed in the same manner as prescribed in paragraph (a) of this section.

(2) Class deviations from the FPR shall be considered jointly by AID and GSA (FPR 1-1.009-2) unless, in the judgment of the head of the procuring activity, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The head of the procuring activity shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, the Office of Contract Management, Support Division, shall be responsible for notifying GSA of the class deviation.

(3) Class deviations from the FPR shall be processed as follows:

(i) The request shall be processed in the same manner as paragraph (a) of this section, except that the Office of Contract Management, Support Division shall be allowed at least ten working days prior to the submission of the deviation request to the head of the procuring activity to effect the necessary coordination with GSA and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter

review and coordination period. The comments of GSA and the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.

(ii) The request shall be processed in the same manner as paragraph (a) of this section if the request is not being jointly considered by AID and GSA.

(4) Deviations involving basic agreements or other master type contracts are considered to involve more than one contract.

(5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to contracts or task orders which are active at the time the class deviation expires. Authority to continue the use of such deviation beyond 2 years may be requested in accordance with the procedures prescribed in paragraph (a) of this section.

(6) Expiration dates shall be shown on all class deviations.

(c) Requests for deviations shall contain a complete description of the deviation, the effective date of the deviation, the circumstances in which the deviation will be used, a specific reference to the regulation being deviated from, an indication as to whether any identical or similar deviations have been approved in the past, a complete justification of the deviation including any added or decreased cost to the Government, the name of the contractor, and the contract or task order number.

(d) Register of deviations: Separate registers shall be maintained by the procuring activities of the deviations granted from FPR and AIDPR. Each deviation shall be recorded in its appropriate register and shall be assigned a control number as follows: The symbol of the procuring activity, the abbreviation "DEV", the fiscal year, the serial number (issued in consecutive order during each fiscal year) assigned to the particular deviation and the suffix "c" if it is a class deviation, e.g. CM-DEV-73-1, CM-DEV73-2c. The control number shall be embodied in the document authorizing the deviation and shall be cited in all references to the deviation.

(e) Central record of deviations: Copies of approved deviations shall be furnished promptly to the Office of Contract Management, Support Division, who shall be responsible for maintaining a central record of all deviations that are granted.

(f) Semiannual report of class deviations:

(1) AID Contracting Officers shall submit a semiannual report to the Office of Contract Management, Support Division of all contract actions effected under class deviations to FPR and AIDPR which have been approved pursuant to paragraph (b) of this section.

(2) The report shall contain the applicable deviation control number, the contractor's name, contract number and task order number (if appropriate).

(3) The report shall cover the 6month periods ending June 30 and December 31, respectively, and shall be submitted within 20 working days after the end of the reporting period. [32 FR 14844, Oct. 26, 1967, as amended at 38 FR 28665, Oct. 16, 1973]

Subpart 7-1.2-Definition of Terms

§ 7-1.202 Executive agency.

"Executive agency" includes the Agency for International Development (AID) and its predecessor agencies, including the International Cooperation Administration.

§ 7-1.204 Head of the agency.

"Head of the agency" means, for AID, the Administrator, the Deputy Administrator and the Assistant Administrator for Program and Management Services.

[38 FR 28666, Oct. 16, 1973]

§ 7-1.205 Procuring activities.

The procuring activities within AID are (a) the AID/Washington procuring activities, which are the Office of Contract Management, and the Office of Management Operations; and (b) the overseas field activities (including missions) which have been delegated procurement authority.

[39 FR 21127, June 19, 1974]

§ 7-1.206 Head of the procuring activity.

The heads of the procuring activities within AID are (a) the Assistant Administrator for Program and Management Services, (b) the Director, Office

Subpart 7-1.3-General Policies

§ 7-1.313 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 (PIC) 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 7-3.20050) (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 13.807-4) and Cost Accounting Standards Disclosure Statement (FPR 13.1203);

(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;

(11) Required Determinations and 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 76.103-51, 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) Financial release upon completion of the contract (standard payment clause, AIDPR 7-7, 7-16.851). [40 FR 16205, Apr. 10, 1975]

§ 7-1.318-1 Contracting Officer's decision under a disputes clause.

Before a decision is issued, the disputes clause in the contract must be examined, and the decision must be issued by the official designated in the clause, or his legal successor. Decisions shall be issued only after legal review. The text in FPR 1-1.318-1 may be modified as appropriate with the title "Administrator" inserted, unless the right of appeal is to an officer other than the Administrator. The AID contract appeal procedure is set forth in AIDPR 7-60.

[42 FR 4841, Jan. 26, 1977]

Subpart 7-1.4-Procurement Responsibility and Authority

§ 7-1.400 Scope of subpart.

This subpart describes the procurement responsibilities and authorities in AID.

§ 7-1.405 Ratification of unauthorized contract awards.

Within AID, amendments without consideration, correction of mistakes, and ratification of informal commitments are governed by Part 7-50 of the AIDPR. Full authority to approve such actions is vested only in the Administrator and Deputy administrator; limited authority has been redelegated only to the Assistant Administrator for Program and Management Services; the Deputy Assistant Administrator for Program Support, Bureau for Program and Management Services; and the Director, Office of Contract Management, Bureau for Program and Management Services.

[43 FR 24839, June 8, 1978]

§ 7-1.451 Procuring activities.

§ 7-1.451-1 General.

Except as otherwise prescribed, the head of each procuring activity (as defined in AIDPR 7-1.206) is responsible