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702.170-8 Government, Federal, State,

local and political subdivisions. As used in the FAR and AIDAR, these terms do not refer to foreign entities except as otherwise stated.

702.170-3 Contracting activities.

The contracting activities within AID are:

(a) The AID/Washington activities. The contracting activities located in Washington are the Office of Procurement, Office of Management Operations, Office of Foreign Disaster Assistance, and Office of International Training. Subject to the limitations stated in 702.170-10, these contracting activities are responsible for procurement related to programs and activities for their areas. The Office of Procurement is responsible for procurements which do not fall within the responsibility of other contracting activities, or which are otherwise assigned to it.

(b) The overseas field contracting activities. Each AID Mission or post overseas is a contracting activity, responsible for procurement related to its programs and activities, subject to the limitations in 702.170-10(b), which

702.170-9 Head of agency.

“Head of egency” means, for AID, the Administrator, and the Deputy Administrator, and in accordance with the responsibilities and limitations set forth in 702.170-13(c)(4), the Agency Procurement Executive. [50 FR 52780, Dec. 26, 1985) 702.170-10 Head of the contracting activi

ty. (a) The heads of A.I.D. contracting activities are listed below. The limits of their contracting authority are set forth in 701.601.

(1) A.I.D./Washington Heads of Contracting Activities:

(i) Director, Office of Procurement:

(ii) Director, Office of Management ment system and procurement staffing Operations;

to meet the objectives and require(iii) Director, Office of U.S. Foreign ments of the Foreign Assistance Act, Disaster Assistance; and

Executive Order 12352, the Office of (iv) Director, Office of International Federal procurement Policy Act, and Training.

other statutory and Executive Branch (2) Overseas Heads of Contracting procurement policies and requireActivities: Each Mission Director or ments applicable to AID operations. principal A.I.D. officer at post (e.g. These reports and recommendations, A.I.D. Representative, A.I.D. Affairs including results of case reviews reOfficer, etc.)

quested by the Deputy Administrator, (b) Individuals serving in the posi- will deal with the use of effective comtions listed in (a)(1) and (a)(2) of this petition in procurement; establishsection in an “Acting" capacity mayment of clear lines of authority, acexercise the authority delegated to countability, and responsibility for that position.

procurement decision making within

AID; and development and mainte(53 FR 4980, Feb. 19, 1988]

nance of a procurement career man702.170-11 Mission.

agement program to assure an ade

quate professional work force. “Mission means the AID mission or

(c) The AID Procurement Executive the principal AID office or representa

has specific authority to: tive (including an embassy designated

(1) Select and appoint contracting to so act) in a foreign country in

officers and terminate their appointwhich there is a program or activity

ments in accordance with section 1.603 administered by AID.

of the Federal Acquisition Regulation; 702.170-12 Overseas.

(2) Issue, develop, and maintain the Overseas”

Agency's acquisition regulations, promeans outside the

cedures and standards for issuance in United States, its possessions, and

accordance with established agency Puerto Rico.

delegations and requirements, as pro702.170-13 Procurement Executive.

vided in Subpart 1.3 of the Federal Ac

quisition Regulation; (a) “Procurement Executive" means

(3) Exercise in person or by delegathe AID official who:

tion the authorities stated in Subpart (1) Is responsible to the Administra

1.4 of the Federal Acquisition Regulator, through the Assistant to the Ad

tion with regard to deviations from ministrator for Management, for man

that regulation; and agement direction of AID's procure

(4) Act for the Administrator, as ment system, including implementation of AID's unique procurement poli

"head of the agency” for all other pur

poses of the Federal Acquisition Regucies, regulations, and standards, and

lation and the AID Acquisition Regu(2) Oversees development of the

lation, except for the authority in system, evaluates system performance

FAR 6.302-7(a)(2), 6.302-7(c)(1), 7.103, in accordance with approved criteria,

17.602(a), 19.201(c)(2), 19.201(c)(3), and certifies to the Administrator,

27.306(a), 27.306(b), and 30.201-5 or through the Assistant to the Adminis

where the "head of the agency" autrator for Management, that the AID

thority is expressly not redelegable procurement system meets approved

under the FAR or AIDAR:. criteria.

(b) The Procurement Executive for [50 FR 52781, Dec. 26, 1985, as amended at AID is Mr. John F. Owens, the Associ 52 FR 38097, Oct. 14, 1987; 53 FR 50630, ate Assistant to the Administrator for Dec. 16, 1988; 54 FR 37334, Sept. 8, 1989) Management. Mr. Owens reports and makes recommendations to the Ad

702.170-14 Senior Procurement Executive. ministrator, the Deputy Administra "Senior Procurement Executive” is tor, or other AID officials, as appropri- synonymous with the term “Procureate, with regard to the implementa- ment Executive", as defined in tion and improvement of the procure 702.170-13 of this subpart.

12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435.

Subpart 704.4—Safeguarding Classi

fied Information Within Industry

(50 FR 16086, Apr. 24, 1985) 702.170–15 Third country national (TCN).

“Third country national (TCN)” means an individual who is neither a cooperating country national nor a U.S. national, but is a citizen of a Free World Country (i.e., Geographic Code 935). (49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985)

704.404 Contract clause.

If the contract involves access to classified (“Confidential”, “Secret”, or “Top Secret”), or administratively controlled (“Limited Official Use”) information, use the contract clause in 752.204-2. (49 FR 13239, Apr. 3, 1984. Redesignated at 54 FR 16122, Apr. 21, 1989)

702.170–16 U.S. national (USN).

“U.S. national (USN)” means an individual who is a U.S. citizen or a nonU.S. citizen lawfully admitted for permanent residence in the United States. (49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985)

Subpart 704.8—Contract Files

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704.803 Contents of contract files.

(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 data required by 4.803 of the FAR, and the following additional data, as applicable:

(1) 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 Government-furnished 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;

(2) Any required approvals and clearances (such as General Counsel, security, project office, Mission, Office of Small and Disadvantaged Business Utilization, Office of Information Re

PART 704—ADMINISTRATIVE

MATTERS

Subpart 704.4—Safeguarding Classified

Information Within Industry Sec. 704.404 Contract clause.

Subpart 704.8—Contract Files 704.803 Contents of contract files.

AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O.

sources Management, Communications Review Board);

(3) Any exceptions or exemptions to the Buy American Act, Foreign Assistance Act, or AID's nationality policy (Part 725 or Part 25 of the FAR);

(4) Copies of all amendments and task orders with supporting documents;

(5) Copy of contractor's established policies and practices covering com

pensation, leave, work week, promotions, etc.;

(6) Copy of contracting officer's decisions under the disputes clause (FAR 33.011);

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

(8) Financial release upon completion of the contract (release forms, 753.270-3). [49 FR 13239, Apr. 3, 1984)

SUBCHAPTER B—ACQUISITION PLANNING

PART 705_PUBLICIZING CONTRACT

ACTIONS

Sec. 705.002 Policy.

Subpart 705.2—Synopsis of Proposed Contract

Actions 705.202 Exceptions.

AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR Part 1979 Comp., p. 435; 40 U.S.C. 474.

(1) Contract actions described in AIDAR 706.302-70(b)(1)-(3).

(2) Contract actions of $100,000 or less by an AID Mission made and performed outside of the United States, its possessions, or Puerto Rico, where only local sources are solicited. (For purposes of this paragraph, "local source" is any firm, organization, or individual present in the cooperating country.) [51 FR 42845, Nov. 26, 1986, as amended at 54 FR 28069, July 5, 1989)

PART 706—COMPETITION

· REQUIREMENTS

Sec. 706.003 Definitions.

705.002 Policy.

AID's Office of Small and Disadvantaged Business Utilization maintains an A.I.D. Consultant Registry Information System (ACRIS), which serves as a reference source and an indication of a prospective contractor's interest in performing AID contracts. Prospective contractors are invited to file the appropriate form (Standard Forms 254/255, Architect-Engineer and Related Services Questionnaire; or AID Form 1420-50, A.I.D. Consultant Reg. istry Information System (ACRIS) Organization and Individual Profile) with AID's Office of Small and Disadvantaged Business Utilization (Department of State, Agency for Internation al Development, Washington, DC 20523–Attention: Office of Small and Disadvantaged Business Utilization). These forms should be updated annu

Subparts 706.1—706.2 (Reserved]
Subpart 706.3—Other Than Full and Open

Competition 706.302-70 Impairment of foreign aid pro

grams. 706.303–1 Requirements.

Subpart 706.5—Competition Advocates 706.501 Requirement.

AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR Part 1979 Comp., p. 435; 40 U.S.C. 474.

ally.

706.003 Definitions.

“Procuring activity” means “contracting activity”, as defined in 702.170-3. (50 FR 40528, Oct. 4, 1985)

(50 FR 40976, Oct. 8, 1985, and 50 FR 51396, Dec. 17, 1985, as amended at 52 FR 21058, June 4, 1987)

Subparts 706.1—706.2

[Reserved]

Subpart 705.2-Synopsis of Proposed

Contract Actions 705.202 Exceptions.

(a) [Reserved)

(b) The head of the Agency for International Development has determined in writing, after consultation with the Administrators for Federal Procurement Policy and the Small Business Administration that advance notice is not appropriate or reasonable for:

Subpart 706.3—Other Than Full and

Open Competition 706.302–70 Impairment of foreign aid pro

grams. (a) Authority. (1) Citation: 40 U.S.C. 474.

(2) Full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes

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