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OMB Control Number
733.7003(c) 737.270(e) 752.209-70 752.219-8 752.245-70. 752.245-71 752.7001(a) 752.7001(b) 752.7002(a) 752.7002(b) 752.7003 752.7004. 752.7016. 752.7020 752.7027(a) 752.7027(b)
0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520 0412-0520
12/31/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90 04/30/90
SUBCHAPTER A GENERAL
PART 701-FEDERAL ACQUISITION
Subpart 701.1-Purpose, Authority, Issuance Sec. 701.105 OMB approval under the Paper
work Reduction Act.
Subpart 701.3—Agency for International
Development Acquisition Regulation
.5 4 1 .5 .5 8
Subpart 701.4-Deviations From the FAR or
701.402 Policy. 701.470 Procedure.
Subpart 701.6-Contracting Authority and
(b) Public reporting burden for these
nation of appointment. 701.603-70 Designation of contracting offi
cers. 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 13236, Apr. 3, 1984, unless otherwise noted.
Subpart 701.3—Agency for Interna
tional Development Acquisition Regulation
Subpart 701.1-Purpose, Authority,
701.105 OMB approval under the Paper
work Reduction Act. (a) The following information collection and recordkeeping requirements established by A.I.D. have been approved by OMB, and assigned an OMB control number and approval/expiration dates as specified below:
The Agency for International Development Acquisition Regulation (AIDAR) supplements the Federal Acquisition Regulation (FAR) and implements the procurement related aspects of the Foreign Assistance Act, Executive Order 11223, and established AID policies on contracting as set forth in Supplement B to AID Handbook 1. The AIDAR provides for the codifica
tion and publication of procedures for the acquisition of services and personal property by AID.
The AIDAR is prepared by the AID Procurement Executive by direction of the Administrator of AID pursuant to the Foreign Assistance Act of 1961. See FAR Subpart 1.3.
(a) Those parts of the AIDAR 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 the AIDAR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.
(b) Public participation will be obtained for significant revisions to the AIDAR by soliciting comments in accordance with FAR 1.501.
(a) Unless a deviation is specifically authorized in accordance with Subpart 701.4, or unless otherwise provided, the FAR and AIDAR apply to all contracts (regardless of currency of payment) to which AID is a direct party.
(b) At Missions where joint administrative services are arranged, procuring offices may apply the Department of State Acquisition Regulation for all administrative and technical support contracts 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. (49 FR 13236, Apr. 3, 1984, as amended at 49 FR 33667, Aug. 24, 1984)
Any section of the AIDAR may be identified by “AIDAR” followed by the section number. Within the AIDAR itself, internal references to an AIDAR section will cite the number only, and will not include the term “AIDAR”. Since the AIDAR is published in the FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation “48 CFR” followed by the section number, as “48 CFR 703.375."
701.376 Agency implementation.
Responsibility for the development and maintenance of the AIDAR is assigned to the Procurement Executive. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate. [49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50301, Dec. 10, 1985)
701.373 Code arrangement.
(a) The Federal Acquisition Regulation System brings together, in Title 48 of the Code of Federal Regulations, the procurement regulations that apply to all agencies of the Government. The FAR is Chapter 1 of Title 48; the AIDAR is Chapter 7.
(b) The FAR is divided into 69 parts; Parts 1 through 69 of AIDAR expand upon or modify the policies and procedures included in the FAR. Material issued in the first 69 parts of the AIDAR will be numerically keyed to the corresponding sections of the FAR.
701.376-2 AIDAR Notices.
AIDAR Notices will be used to promulgate changes to the AIDAR. Such Notices will be prepared by the Procurement Executive.
Procurement policies and instructions which are essentially informational or procedural may be issued as Appendices to the AIDAR. Appendices are filed behind the main text of the
AIDAR in a section entitled “Appendices to Chapter 7." The Appendices section contains a table of contents and individual Appendices. The Appendices are identified by letter and subject title (e.g. Appendix A, [title]).
701.376-4 Implementation within AID
contracting activities. The heads of the various AID contracting activities may issue operating instructions and procedures consistent with the FAR, AIDAR, and other Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance shall be forwarded to the Planning, Policy and Evaluation Staff (M/ SER/PPE). Insofar as possible, such material will be numerically keyed to the AIDAR. (49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985)
701.377 Procurement policy.
Subject to the direction of the Administrator, the Procurement Executive will be responsible for the development and maintenance of necessary uniform procurement policies, procedures, and standards; for providing assistance to the contracting activities as appropriate; for keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention.
of the contracting 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 contracting 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 contracting activity. Prior to submission of the deviation request to the head of the contracting activity for approval, the contracting officer shall obtain written comments from the Planning, Policy and Evaluation Staff of the Associate Assistant to the Administrator for Management, M/SER/PPE, hereinafter referred to as “PPE". The PPE shall normally be allowed 10 working days prior to the submission of the deviation request to the head of the contracting 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 PPE for a shorter review period. In addition to a copy of the deviation request, the PPE shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the PPE shall be made a part of the deviation request file which is forwarded to the head of the contracting 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 contracting activity.
(b) Class deviations from the FAR or AIDAR: Class deviations are those which affect more than one contract or contractor.
(1) Class deviations from the AIDAR will be processed in the same manner as prescribed in paragraph (a) of this section.
(2) Class deviations from the FAR shall be considered jointly by AID and the Chairperson of the Civilian Agency Acquisition Council (C/CAAC) (FAR 1.404) unless, in the judgement of the head of the contracting activity, after due consideration of the objec
Subpart 701.4-Deviations From the
FAR or AIDAR
It is the policy of AID that deviation from the mandatory requirements of the FAR and AIDAR 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 interest of the Government.
(a) Deviation from the FAR or AIDAR affecting one contract or transaction.
(1) Deviations which affect only one contract or procurement will be made only after prior approval by the head
tive of uniformity, circumstances preclude such consultation. The head of the contracting activity shall certify on the face of the deviation the reason for not coordinating with the C/ CAAC. In such cases, the PPE, shall be responsible for notifying the c/ CAAC of the class deviation.
(3) Class deviations from the FAR shall be processed as follows:
(i) The request shall be processed in the same manner as paragraph (a) of this section, except that the PPE, shall be allowed 15 working days prior to the submission of the deviation request to the head of the contracting activity to effect the necessary coordination with the C/CAAC and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the PPE for a shorter review and coordination period. The comments of the C/CAAC and the PPE shall be made a part of the deviation request file which is forwarded to the head of the contracting 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 the C/ CAAC.
(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 deviation 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 the FAR and AIDAR. 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-85-1, CM-DEV85-2c. 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 PPE, 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 PPE of all contract actions effected under class deviations to the FAR and AIDAR 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. [49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985)
Subpart 701.6—Contracting Authority
(a) Except as otherwise prescribed, the head of each contracting activity (as defined in 702.170) is responsible
for the procurement of supplies and services under or assigned to the procurement cognizance of his or her activity. The heads of A.I.D. contracting activities are vested with broad authority to carry out the programs and activities for which they are responsible. This authority includes authority to execute contracts and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to Government-wide and A.I.D. requirements and restrictions (see 701.376-4).
(b) The authority of heads of contracting activities to execute contracts are limited as follows:
(1) Director, Office of Procurement. Unlimited authority to execute contracts. May issue warrants for small purchase authority up to $25,000 to qualified individuals on his or her staff.
(2) Director, Office of U.S. Foreign Disaster Assistance. Authority to execute contracts for disaster relief purposes during the first 72 hours of a disaster in a cumulative total amount not to exceed $500,000 (A.I.D. Handbook 8, Chapter 5). Authority to execute small purchases up to $25,000 at any time. May issue warrants for small purchase authority up to $25,000 to qualified individuals on his or her staff.
(3) Director, Office of Management Operations. Authority to execute small purchases up to $25,000 for supplies and services, except professional non-personal services and personal services. Unlimited authority when ordering against GSA or other established U.S. Government ordering agreements. May issue warrants for small purchase authority up to $25,000 to qualified individuals on his or her staff.
(4) Director, Office of International Training. Authority to execute small purchases up to $10,000. Unlimited authority for procuring participant training based on published catalog prices using M/SER/PPE approved forms. May issue warrants for small purchases up to $10,000 to qualified individuals on his or her staff.
(5) Overseas heads of contracting activities. Authority to sign contracts
701.603 Selection, appointment, and termi
nation of appointment. 701.603-70 Designation of contracting of.
ficers. A contracting officer represents the U.S. Government through the exercise of his/her delegated authority to negotiate, sign, and administer contracts on behalf of the U.S. Government. The contracting officer's duties are sensitive, specialized, and responsible. In order to insure proper accountability, and to preclude possible security, conflict of interest, or jurisdiction problems, it is AID policy that AID contracting officers must be U.S. citizen employees of the U.S. Government.
PART 702-DEFINITIONS OF WORDS
Sec. 702.170-1 AID. 702.170-2 Administrator. 702.170-3 Contracting activities. 702.170-4 Cooperating country. 702.170-5 Cooperating country national
(CCN). 702.170-6 Executive agency. 702.170-7 Foreign Assistance Act. 702.170-8 Government, Federal, State,
local and political subdivisions.