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CHAPTER 7-AGENCY FOR INTERNATIONAL

-
DEVELOPMENT, DEPARTMENT OF STATE

Part
7-1 General.
7-2 Procurement by formal advertising.
7-3 Procurement by negotiation.
7-4 Special types and methods of procurement.
7-5 Special and directed sources of supply.
7-6 Foreign purchases.
7-7 Contract clauses.
7-8 Termination of contracts.
7-10 Bonds and insurance.
7-12 Labor.
7-13 Government property.
7-15 Contract cost principles and procedures.
7-16 Procurement forms.
7-17 Extraordinary contractual actions to facilitate the national defense.
7-30 Contract financing.
7–60 Contract appeal procedure.

PART 7-1- GENERAL

Subpart 7-1.1-Introduction Sec. 7-1.101 Purpose. 7-1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procure

ment Regulations Systems. 7-1.104–2 [Reserved] 7-1.104-3 Public. 7-1.1044 AIDPR notices. 7-1.104-5 Responsibility. 7-1.105 Arrangement. 7–1.105-1 Citation. 7-1.106 Implementation within AID

procuring activities.
7-1.107 Deviations from Federal Pro-

curement Regulations (FPR)
and Agency for Interna-
tional Development Procure-

ment Regulations (AIDPR). 7–1.107-1 Description.

Sec.
7-1.107-2 Policy.
7–1.107-3 Procedure.

Subpart 7-1.2-Definition of Terms
7-1.202 Executive agency.
7-1.204 Head of the agency.
7-1.205 Procuring activities.
7-1.206 Head of the procuring activity.
7-1.209 [Reserved]
7-1.251 AID.
7-1.252 Administrator.
7-1.253 [Reserved]
7-1.254 [Reserved]
7-1.255 Cooperating country.
7-1.256 Foreign Assistance Act.
7-1.257 Government, Federal, State, local

and political subdivisions. 7-1.258 Mission, 7–1.259 Overseas.

Subpart 7-1.3-General Policies 7-1.305 Specifications. 7-1.305–2 Exceptions to mandatory use of

Federal specifications.

Sec.

Subpart 7-1.7—Small Business Concerns 7-1.305-3 Deviations from federal specifi

Sec. cations.

7-1.702 Small business policies. 7-1.306 Standards

7-1.703 (Reserved) 7-1.306-1 Mandatory use and application

7-1.704 Agency program direction and of Federal Standards.

operation. 7-1.310 Responsible prospective Contrac- 7-1.704-1 General. tor.

7-1.704-2 The A.I.D. Small Business Office. 7-1.310–7 Information regarding responsi

7–1.704-3 A.I.D. Contracting Officers. bility.

7-1.704-4 Heads of procuring activities. 7-1.310-10 Performance records.

7-1.704-5 Program/Project Officers. 7-1.311 [Reserved]

7-1.704-6 Small business screening proce7-1.313 (Reserved]

dure. 7-1.318 Contracting Officer's decision

7-1.704–7 Reports on procurement actions under a disputes clause.

that are exempted from screen.

ing. Subpart 7-1.4-Procurement Responsibility and Authority

Subpart 7–1.10—Publicizing Prucurement

Actions 7–1.400 Scope of subpart. 7-1.451 Procuring activities.

7-1.1001 General policy. 7-1.451-1 General.

7-1.1003 [Reserved] 7–1.451-2 Designation of Contracting Offi

7-1.1003-2 (Reserved] cers.

7-1.1003-3 Special areas of negotiation. 7–1.451-3 A.I.D./Washington procuring ac- 7-1.1003–7 Preparation and transmittal. tivities.

AUTHORITY: Sec. 621, 72 Stat. 445, as 7–1.451-4 Overseas field procuring activi

amended; (22 U.S.C. 2381) E.O. 10973, Noties.

vember 3, 1961, 26 FR 10469; 3 CFR 1959-63 7-1.452 Contracting Officers.

Comp. 7-1.452-1 Authority. 7-1.452-2 Responsibilities.

SOURCE: The provisions of this part 7-1 7-1.453 Procurement policy.

appear at 30 F.R. 12968, Oct. 12, 1965, unless 7-1.453-1 General.

otherwise noted. 7-1.453-2 Assistant Administrator for Program and Management Sery

Subpart 7-1.1-Introduction ices.

& 7-1.101 Purpose. 7–1.454 Controller. 7-1.455 General Counsel.

This subpart establishes the Agency 7-1.456 Auditor General.

for International Development ProcureSubpart 7-1.5—Contingent Fees

ment Regulations (AIDPR) for the cod

ification and publication of policies and 7-1.607 Use of Standard Form 119.

procedures for the procurement of sery7-1.507–3 Exceptions.

es and personal property by the Agency Subpart 7-1.6-Debarred, Suspended, and for International Development (AID). Ineligible Bidders

$ 7-1.102 Authority. 7-1.600 Scope of subpart. 7–1.602 Establishment and maintenanco AIDPR is prepared by the Assistant

of a list of firmas or individuals Administrator for Program and Managedebarred, suspendod, or do- ment Services by direction of the Adminclared ineligiblo.

istrator of AID pursuant to the Foreign 7-1.602-1 Bases for entry on the debarred,

Assistance Act of 1961, complies with the suspended, and inoligible list.

Federal Procurement Regulations Sys7-1.604 Causes and conditions applicable to determination of debarmont

tem, and implements and supplements by an executive agency.

the Federal Procurement Regulations 7–1.804-1(a)-1 Notice received.

(FPR). See FPR 1-1.0. 7-1.604-1(b)-1 Debarment without a hear

(30 FR 12968, Oct. 12, 1966, as amended at ing.

38 FR 28665, Oct. 16, 1973) 7-1.604-1(b)-2 Date of the hearing. 7-1.604-1(b)-3 Hearing Examiner.

& 7-1.103 Applicability. 7-1.604-1(b) 4 Report to the Administrator.

(a) Unless a deviation is specifically 7-1.604-1(b)-5 Findings. 7–1.804-1(b)-6 Recommendations.

authorized in accord with AIDPR 7-1.107, 7-1.605 Suspension of bidders.

or unless otherwise provided, FPR and 7-1.605–2 Period and scope of suspen

AIDPR apply to all procurements (resion.

gardless of currency of payment) of per7-1.605-3 Restrictions during period sonal property and non-personal servof suspension.

ices to which AD is a direct party. 7-1.605-4 Notice of suspension.

This regulation does not apply to pro7-1.606 Agency procedure.

curements by other parties, such as bor

rowers and grantees, which are financed under programs administered in whole or part by AID, nor to contracts entered into jointly by AD and the borrower or grantee to make a procurement from a third source for an overseas program or activity.

(b) At Missions where joint administrative services are arranged, procuring ofices may apply the Department of State Procurement Regulations (DOSPR) /FPR for all administrative and technical support procurement except in defined areas. The defined areas and administrative guidelines for procurement will be furnished to the overseas Missions by the Office of Management Operations. Administrative and local support services include the procurement accountability, maintenance and disposal of all office and residential equipment and furnishings, vehicles and expendable supplies purchased with administrative and/or technical support funds, either dollars or local currency. (30 FR 12968, Oct. 12, 1965, as amended at 35 FR 7964, May 23, 1970; 38 FR 28665, Oct. 16, 1973] 87-1.104 Issuance. 87-1.104–1 Relation to Federal Pro

curement Regulations Systems. (a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations that apply to all civilian agencies of the Government. FPR is Chapter 1 of Title 41. AIDPR IS Chapter 7.

(b) FPR will be divided into 49 parts, and Parts 1 through 49 of AIDPR will expand upon or modify the po ies and procedures included in FPR. Material issued in the first 49 parts of ADDPR will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of AIPR will be used for procurement policies and procedures for which FPR has or is not expected to have a counterpart. See FPR 1-1.0. § 7-1.104–2 [Reserved] 87-1.104_3 Public.

Those parts of AIDPR which contain basic and significant policies and procedures considered to be of interest to the general public will be published in the daily issues of the FEDERAL REGISTER and, in cumulated form, in the Code of Federal Regulations. Copies of AIDPR in FEDERAL REGISTER and Code of Federal

Regulations form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. 87-1.104_4 AIDPR notices.

AIDPR notices will be used to promulgate temporary, interim, and emergency procurement instructions. Such notices will be prepared by the Assistant Administrator for Program and Management Services. (30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28665, Oct. 16, 1973] & 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. 87-1.105-1 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] $ 7–1.106 Implementation within ADD

procuring activities. The heads of the various AID procuring activities may issue operating instructions and procedures consistent with FPR, ADPR, 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] 87-1.107 Deviations from Federal Pro

curement Regulations (FPR) and Agency for International Development Procurement Regulations

(AIDPR). (82 PR. 14844, Oct. 26, 1967)

8.1-1.107-1 Description.

ing activity to review the request and to

submit comments. If the exigency of the The provisions of FPR 1–1.009–1 de

situation requires more immediate acfining deviations from FPR shall also

tion, the requesting office may arrange apply to the AIDPR. The following actions shall also constitute a deviation

with the Support Division for a shorter from FPR or AIDPR:

review period. In addition to a copy of the (a) When a contract clause is set

deviation request, the Support Division forth in FPR or AIDPR verbatim, use of

shall be furnished any background or his

torical data which will contribute to a & collateral provision which modifies either the clause or its prescribed appli

more complete understanding of the de

viation. The comments of the Support cation. (b) When a contract clause is set forth

Division shall be made a part of the dein FPR or AIDPR but not for use ver

viation request file which is forwarded to batim, use of a contract clause covering

the head of the procuring activity. the same subject matter which is incon

(3) Coordination with the Office of sistent with the intent, principle, and

General Counsel, as appropriate, should substance of the FPR or AIDPR clause or

also be effected prior to approval of a derelated coverage of the subject matter.

viation by the head of the procuring (c) Omission of any mandatory con

activity. tract clause.

(b) Class deviations from the FPR or

AIDPR: Class deviations are those which (32 FR. 14844, Oct. 26, 1967

affect more than one contract or con$ 7-1.107-2 Policy.

tractor. It is the policy of AID that deviation

(1) Class deviations from the AIDPR from the mandatory requirements of

will be processed in the same manner as FPR and AIDPR shall be kept at a mini

prescribed in paragraph (a) of this mum and be granted only if it is es

section. sential to effect necessary procurement

(2) Class deviations from the FPR and when special and exceptional cir

shall be considered jointly by AID and cumstances ake such deviation clearly

GSA (FPR 1-1.009–2) unless, in the judgin the best interests of the Government.

ment of the head of the procuring ac(32 P.R. 14844, Oct. 26, 1967)

tivity, after due consideration of the ob

jective of uniformity, circumstances $ 7–1.107-3 Procedure.

preclude such joint effort. The head of (a) Deviation from FPR or AIDPR af

the procuring activity shall certify on the fecting one contract or transaction.

face of the deviation the reason for not (1) Deviations which affect only one

obtaining GSA coordination. In such contract or procurement will be made

cases, the Office of Contract Manageonly after prior approval by the head of

ment, Support Division, shall be responthe procuring activity. Deviation requests

sible for notifying GSA of the class containing the information listed in

deviation. paragraph (c) of this section shall be

(3) Class deviations from the FPR submitted sufficiently in advance of the

shall be processed as follows: effective date of such deviation to allow

(i) The request shall be processed in adequate time for consideration and

the same manner as paragraph (a) of evaluation by the head of the procuring

this section, except that the Office of activity.

Contract Management, Support Division (2) Requests for such deviations may

shall be allowed at least ten working days be initiated by the responsible AID Con- prior to the submission of the deviation tracting Officer who shall obtain clear- request to the head of the procuring acance and approvals as may be required tivity to effect the necessary coordinaby the head of the procuring activity. tion with GSA and to submit comments. Prior to submission of the deviation re- If the exigency of the situation requires quest to the head of the procuring ac- more immediate action, the requesting tivity for approval, the Contracting Of

office may arrange with the Support Dificer shall obtain written comments from

vision for a shorter review and coordinathe Office of Contract Management, Sup

tion period. The comments of GSA and port Division. The Support Division shall

the Support Division shall be made a part normally be allowed at least five working of the deviation request file which is days prior to the submission of the devi- forwarded to the head of the procuring ation request to the head of the procur- activity.

(4) The request shall be processed in vision of all contract actions effected the same manner as paragraph (a) of under class deviations to FPR and this section if the request is not being AIDPR which have been approved purjointly considered by AID and GSA. suant to paragraph (b) of this section.

(4) Deviations involving basic agree- (2) The report shall contain the apments or other master type contracts are plicable deviation control number, the considered to invlove more than one con- contractor's name, contract number and tract.

task order number (If appropriate). (5) Unless the approval is sooner re- (3) The report shall cover the 6scinded, class deviations shall expire 2 month periods ending June 30 and Deyears from the date of approval provided cember 31, respectively, and shall be that deviation authority shall continue submitted within 20 working days after to apply to contracts or task orders which the end of the reporting period. are active at the time the class deviation

(32 FR 14844, Oct. 26, 1967, as amended at expires. Authority to continue the use of 38 FR 28665, Oct. 16, 1973] such deviation beyond 2 years may be requested in accordance with the proce

Subpart 7-1.2-Definition of Terms dures prescribed in paragraph (a) of this $ 7–1.202 Executive agency. section. (6) Expiration dates shall be shown

"Executive agency" includes the on all class deviations.

Agency for International Development (c) Requests for deviations shall con

(AD) and its predecessor agencies, intain a complete description of the devia

cluding the International Cooperation tion, the effective date of the deviation,

Administration. the circumstances in which the deviation § 7–1.204 Head of the agency. will be used, a specific reference to the

“Head of the agency" means, for regulation being deviated from, an indi

A.I.D., the Administrator, the Deputy cation as to whether any identical or similar deviations have been approved in the

Administrator and the Assistant Admin

istrator for Program and Management past, a complete justification of the de

Services. viation including any added or decreased cost to the Government, the name of the

[38 FR 28666, Oct. 16, 1973] contractor, and the contract or task § 7–1.205 Procuring activities. order number. (d) Register of deviations: Separate

The procuring activities within AID registers shall be maintained by the pro

are (a) the AID/Washington procuring curing activities of

activities, which are the Office of Con

the deviations granted from FPR and AIDPR. Each de

tract Management, and the Office of viation shall be recorded in its appro

Management Operations; and (b) the priate register and shall be assigned a

overseas field activities (including miscontrol number as follows: The symbol

sions) which have been delegated proof the procuring activity, the abbrevia

curement authority. tion “DEV”, the fiscal year, the serial

(39 FR 21127, June 19, 1974] number (issued in consecutive order $ 7–1.206 Head of the procuring activduring each fiscal year) assigned to the ity. particular deviation and the suffix "c" if

The heads of the procuring activities it is a class deviation, e.g. CM-DEV-73–1,

within A.I.D. are (a) the Assistant AdCM-DEV-73-2c. The control number

ministrator for Program and Manageshall be embodied in the document au

ment Services, (b) the Director, Office of thorizing the deviation and shall be cited

Contract Management, and (c) the Misin all references to the deviation.

sion Directors or other officers in charge (e) Central record of deviations: Cop

of overseas field activities who have been ies of approved deviations shall be fur

delegated procurement authority. nished promptly to the Office of Contract Management, Support Division,

(38 FR 28666, Oct. 16, 1973] who shall be responsible for main- 8 7-1.209 [Reserved] taining a central record of all deviations

87-1.251 AID. that are granted. (f) Semiannual report of class devia

“AID” means the Agency for Internations: (1) AD Contracting Officers shall tional Development and its predecessor submit a semiannual report to the Office agencies, including the International Coof Contract Management, Support Di- operation Administration (ICA).

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