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sets forth the contracting authority for Mission Directors and principal AID officers at posts.

Sec. 702.170-9 Head of agency. 702.170-10 Head of the contracting activi

ty. 702.170-11 Mission. 702.170-12 Overseas. 702.170-13 Procurement Executive. 702.170-14 Senior Procurement Executive. 702.170-15 Third country national (TCN). 702.170-16 U.S. national (USN).

(50 FR 16085, Apr. 24, 1985, as amended at 50 FR 40528, Oct. 4, 1985; 50 FR 50302, Dec. 10, 1985; 51 FR 20651, June 6, 1986)

Subpart 702.270—Definitions Clause

702.270-1 Definitions clause.

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 1979 Comp., p. 435.

SOURCE: 49 FR 13238, Apr. 3, 1984, unless otherwise noted.

702.170–4 Cooperating country.

“Cooperating country” means a foreign country in which there is a program or activity administered by AID. 702.170-5 Cooperating country national

(CCN). Cooperating country national (CCN) means an individual who is a cooperating country citizen or a non-cooperating country citizen lawfully admitted for permanent residence in the cooperating country. 702.170–6 Executive agency.

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

Subpart 702.170—Definitions

702.170-1 AID.

“AID” means the Agency for International Development and its predecessor agencies, including the International Cooperation Administration (ICA).

702.170-2 Administrator.

Administrator" means the Administrator or Deputy Administrator of the Agency for International Development.

702.170-7 Foreign Assistance Act.

Foreign Assistance Act” means the Foreign Assistance Act of 1961, as amended (22 U.S.C., Chapter 32).

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 agency” 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;

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ment system and procurement staffing to meet the objectives and requirements of the Foreign Assistance Act, Executive Order 12352, the Office of Federal procurement Policy Act, and other statutory and Executive Branch procurement policies and requirements applicable to AID operations. These reports and recommendations, including results of case reviews requested by the Deputy Administrator, will deal with the use of effective competition in procurement; establishment of clear lines of authority, accountability, and responsibility for procurement decision making within AID; and development and mainte

nce of a procurement career management program to assure an adequate professional work force.

(il) Director, Office of Management Operations;

(iii) Director, Office of U.S. Foreign Disaster Assistance; and

(iv) Director, Office of International Training.

(2) Overseas Heads of Contracting Activities: Each Mission Director or principal A.I.D. officer at post (e.g. A.I.D. Representative, A.I.D. Affairs Officer, etc.)

(b) Individuals serving in the positions listed in (a)(1) and (a)(2) of this section in an “Acting" capacity may exercise the authority delegated to that position. (53 FR 4980, Feb. 19, 1988]

702.170-11 Mission.

"Mission means the AID mission or the principal AID office or representative (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by AID.

(c) The AID Procurement Executive has specific authority to:

(1) Select and appoint contracting officers and terminate their appointments in accordance with section 1.603 of the Federal Acquisition Regulation;

(2) Issue, develop, and maintain the Agency's acquisition regulations, procedures and standards for issuance in accordance with established agency delegations and requirements, as provided in Subpart 1.3 of the Federal ACquisition Regulation;

(3) Exercise in person or by delegation the authorities stated in Subpart 1.4 of the Federal Acquisition Regulation with regard to deviations from that regulation; and

(4) Act for the Administrator, as "head of the agency" for all other purposes of the Federal Acquisition Regulation and the AID Acquisition Regulation, except for the authority in FAR 6.302-7(a)(2), 6.302-7(c)(1), 7.103, 17.602(a), 19.201(c)(2), 19.201(c)(3), 27.306(a), 27.306(b), and 30.201-5 or where the "head of the agency” authority is expressly not redelegable under the FAR or AIDAR.

702.170-12 Overseas.

"Overseas" means outside the United States, its possessions, and Puerto Rico.

702.170-13 Procurement Executive.

(a) “Procurement Executive" means the AID official who:

(1) Is responsible to the Administrator, through the Assistant to the Administrator for Management, for management direction of AID's procurement system, including implementation of AID's unique procurement policies, regulations, and standards, and

(2) Oversees development of the system, evaluates system performance in accordance with approved criteria, and certifies to the Administrator, through the Assistant to the Administrator for Management, that the AID procurement system meets approved criteria.

(b) The Procurement Executive for AID is Mr. John F. Owens, the Associate Assistant to the Administrator for Management. Mr. Owens reports and makes recommendations to the Administrator, the Deputy Administrator, or other AID officials, as appropriate, with regard to the implementation and improvement of the procure

(50 FR 52781, Dec. 26, 1985, as amended at 52 FR 38097, Oct. 14, 1987; 53 FR 50630, Dec. 16, 1988; 54 FR 37334, Sept. 8, 1989)

702.170-14 Senior Procurement Executive.

“Senior Procurement Executive” is synonymous with the term “Procurement Executive”, as defined in 702.170-13 of this subpart.

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(50 FR 16086, Apr. 24, 1985)

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

1979 Comp., p. 435. 702.170–15 Third country national (TCN).

“Third country national (TCN)” Subpart 704.4—Safeguarding Classimeans an individual who is neither a

fied Information Within Industry cooperating country national nor U.S. national, but is a citizen of a Free 704.404 Contract clause. World Country (i.e., Geographic Code

If the contract involves access to 935).

classified (“Confidential”, “Secret”, or (49 FR 13238, Apr. 3, 1984. Redesignated at “Top Secret”), or administratively 50 FR 16086, Apr. 24, 1985)

controlled (“Limited Official Use”) in

formation, use the contract clause in 702.170-16 U.S. national (USN).

752.204-2. “U.S. national (USN)” means an individual who is a U.S. citizen or a non

[49 FR 13239, Apr. 3, 1984. Redesignated at

54 FR 16122, Apr. 21, 1989) U.S. citizen lawfully admitted for permanent residence in the United States.

Subpart 704.8—Contract Files [49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985)

704.803 Contents of contract files.

(a) In order that the official conSubpart 702.270—Definitions Clause

tract file may contain a full history of 702.270–1 Definitions clause.

each procurement to support actions

taken by various personnel in the proUse the appropriate clause in

curement cycle, provide information 752.202-1, in addition to the clause in

for reviews conducted by AID or FAR 52.202-1.

others, supply data for use in prepar

ing replies to Congressional inquiries, PART 703_IMPROPER BUSINESS

and furnish essential facts in the PRACTICES AND PERSONAL CON- event of litigation, each such file shall FLICTS OF INTEREST

contain the data required by 4.803 of

the FAR, and the following additional AUTHORITY: Sec. 621, Pub. L. 87-195, 75 data, as applicable: Stat. 445, (22 U.S.C. 2381) as amended; E.O. (1) A full record of negotiations 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

(memorandum of negotiation) includ1979 Comp., p. 435.

ing, but not limited to:

(i) Participants, Subpart 703.4—Contingent Fees

(ii) Dates and places of meetings, 703.403 Applicability.

(iii) Selection of the successful con

tractor, including reasons for selecThe exception stated in FAR

tion, 3.404(b)(6) for contracts to be made in

(iv) Agreements on Government-furforeign countries will not be used.

nished materials, equipment, or facili[49 FR 13239, Apr. 3, 1984)

ties,

(v) Technical or financial recommenPART 704-ADMINISTRATIVE dations, MATTERS

(vi) Terms, conditions and type of

contract agreed to, Subpart 704.4—Safeguarding Classified

(vii) Agreements on subcontracting, Information Within Industry

(viii) Justification for fixed fee or

profit, and Sec.

(ix) Justification for final cost or 704.404 Contract clause.

price; Subpart 704.8—Contract Files

(2) Any required approvals and

clearances (such as General Counsel, 704.803 Contents of contract files.

security, project office, Mission, Office AUTHORITY: Sec. 621, Pub. L. 87-195, 75 of Small and Disadvantaged Business Stat. 445, (22 U.S.C. 2381) as amended; E.O. Utilization, Office of Information Re

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

(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)

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.

PART 706—COMPETITION

REQUIREMENTS

Sec. 706.003 Definitions.

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.

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 Registry Information System (ACRIS) Organization and Individual Profile) with AID's Office of Small and Disadvantaged Business Utilization (Department of State, Agency for International Development, Washington, DC 20523-Attention: Office of Small and Disadvantaged Business Utilization). These forms should be updated annually. (50 FR 40976, Oct. 8, 1985, and 50 FR 51396, Dec. 17, 1985, as amended at 52 FR 21058, June 4, 1987)

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.

706.003 Definitions.

“Procuring activity” means "contracting activity”, as defined in 702.170-3.

(50 FR 40528, Oct. 4, 1985)

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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