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Subpart 6-60.6—General

§ 6-60.601 Decisions.

Decisions of the Board and the reasons therefor shall be made in writing. Copies of decisions shall be submitted by registered or certified mail to the parties. Board decisions shall be available for Inspection by interested persons.

§ 6-60.602 Motions for reconsideration.

Motions for reconsideration must be filed with the Board within 30 days of the receipt of the Boards decision and must be based upon new Information or argument not presented before the decision. Reconsideration of the decision, which may Include a hearing or rehearing, may be granted if, in the judgment of the Board there is sufficient reason.

§ 6-60.603 Transcripts of hearings.

The Board shall make provision for a verbatim transcript of all oral hearings, copies of which can be obtained by appellant upon paying the cost thereof.

§ 6-60.604 Releases.

Any release or other contractual Instruments entered into as a result of a decision by the Board shall Include a provision to the effect that the instrument is not binding if the decision of the Board is later found to be in violation of the standards set forth in 41 U.S.C. 321.

CHAPTER 7—AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Note: Section 621 (b) of the Foreign Assistance Act of 1961, Public Law 87-195, 75 Stat. 424, abolished the International Cooperation Administration. The 'President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:

"All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of 1C A and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded."

Part

7-1 General.

7-2 Procurement by formal advertising.

7-3 Procurement by negotiation.

7-6 Foreign purchases.

7-7 Contract clauses.

7-12 Labor.

7-16 Procurement forms.

7-60 Contract appeal procedure.

PART 7-1—GENERAL

Subpart 7—1.1—Introduction

Sec.

1- .100 Scope of subpart.

7- .101 Establishment of ICA procurement regulations.

7- .102 Authority.

7- .103 Applicability.

7- .104 Issuances.

7- .104-1 Publication.

7- .104-2 Copies.

7-1.105 Arrangement.

7-1.105-1 General plan.

7-1.105-2 Numbering.

7-1.105-3 Citation.

7-1.106 Implementation and supplementation of FPR.

7-1.107 Exclusions.

7-1.108 Deviation.

7-1.108-1 Description.

7-1.108-2 Procedure.

7-1.109 Other ICA procurement Instructions.

Subpart 7-1.2—Definition of Terms

7-1.201 Definitions.

7-1.202 Executive agency.

7-1.204 Head of agency.

7-1.205 Procuring activity.

7-1.209 Procurement.

7-1.250 Mutual Security Act.

7-1.251 ICA.

7-1552 USOM.

7-1.253 Cooperating country.

7-1554 Government, federal, state, local and political subdivisions.

Subpart 7—1.3—General Policies

7-1.305-2 Exceptions to mandatory use of federal specifications.

7-1308-1 Mandatory use and application of federal standards.

Subpart 7—1.5—Contingent Fees 7-l-507-3(f) Exceptions.

Subpart 7—1.7—Small Business Concerns 7-' 701 General.

Authority: The provisions of this Part 7-1 issued under sec. 521, 68 Stat. 855, as amended: 22 U.S.C. 1781 (a).

Source: The provisions of this Part 7-1 appear at 26 F.R. 6296, July 14, 1961.

Subpart 7-1.1—Introduction § 7-1.100 Scope of subpart.

This subpart describes the International Cooperation Administration Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of FPR, exclusions, deviations, and other ICA Procurement Instructions.

§ 7-1.101 Establishment of ICA procurement regulations.

(a) The ICA Procurement Regulations (ICAPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System.

§ 7-1.102 Authority.

The ICA Procurement Regulations are prescribed by the Director, International Cooperation Administration, pursuant to the authority of the Mutual Security Act of 1954, as amended; Executive Order No. 10784, as amended; and the Federal Property and Administrative Services Act of 1949. § 7-1.103 Applicability.

The ICA Procurement Regulations and the Federal Procurement Regulations, which together form that part of the Federal Procurement Regulations System which governs ICA procurement, apply to all direct procurement of personal property and nonpersonal services (including construction). See definition of "procurement" in § 7-1.209 of this chapter.

§ 7-1.104 Issuances. §7-1.104-1 Publication.

The ICA Procurement Regulations appear in the Code of Federal Regulations as Chapter 7 of Title 41, Public Contracts, and are published in issues of the Federal Register, in cumulative form in the Code of Federal Regulations, and in separate loose-leaf volume form.

§ 7-1.104-2 Copies.

Copies of the ICA Procurement Regulations may be purchased at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington 25, D.C.

§ 7-1.105 Arrangement.
§ 7-1.105-1 General plan.

The ICA Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations.

§ 7-1.105-2 Numbering.

(a) Generally, the numbering system used in the ICAPR conforms to that of the FPR (see FPR 1-1.007-2). Thus, a particular procurement policy or procedure is identified by the same number in both the Federal Procurement Regulations and the ICAPR except that the first digit of the number is either 1 (meaning Federal Procurement Regulations) or 1 (meaning the 1C A Procurement Regulations).

(b) Where the ICAPR implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of the ICAPR will be numbered and captioned to correspond to the FPR part, subpart, section or subsection concerned.

(c) Where the ICAPR supplements the FPR and thus deals with subject matter having no counterpart in the FPR, the numbers in the group 50 through 99 will be assigned to the respective suplementing part, subpart, section or subsection.

(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR requires no implementation to adapt it to ICA procurement requirements, the ICAPR will contain no corresponding part, subpart, section or subsection. Therefore, there will be gaps in the ICAPR of part, subpart, section or subsection numbers; in such cases, reference must be made to the FPR part, subpart, section or subsection for policy and procedure applicable to ICA procurement.

§ 7-1.105-3 Citation.

These regulations shall be referred to as the ICA Procurement Regulations. They will be cited in the same manner as the Federal Procurement Regulations are cited. Thus, this section, when referred to in divisions of the ICA Procurement Regulations, should be cited as "7-1.1053 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 7-1.105-3." Any section of the ICA Procurement Regulations may be informally identified, for purposes of brevity, as ICAPR followed by the section number, i.e., "ICAPR 7-1.105-3."

§ 7-1.106 Implementation and supplementation of FPR.

The ICA Procurement Regulations "implement" and "supplement" the FPR. As new portions of the FPR are issued, ICA will publish such additional material in the ICAPR to "implement" or "supplement" such portions as is

necessary to adapt the new portions of the FPR to ICA procurement requirements and policies. The meaning of these terms includes the following:

(a) Implementation may have either of the following meanings:

(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance including any deviations.

(2) The absence of a corresponding part, subpart, section, etc., in the ICAPR indicates that the FPR is applicable as written. Policies and procedures In the FPR are not repeated in the ICAPR.

(b) Supplementation means ICAPR coverage of matters which have no counterpart in the FPR.

§ 7-1.107 Exclusions.

(a) Certain ICA procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is a justification therefor. These exclusions may include the following:

(1) Subject matter which bears a security classification.

(2) Policies or procedures which are expected to be effective for a period of less than six months.

(3) Policies or procedures which are effective on an experimental basis for a reasonable period.

(4) Policies and procedures pertaining to other activities of ICA as well as to procurement functions and there is need to make the issuance available simultaneously to all ICA personnel concerned.

(5) Speed of issuance is essential numerous changes are required in this chapter, and all changes cannot be made promptly.

(b) Procurement policies and procedures issued Initially as internal agency policies in other than the FPR System format under paragraph (a) (4) and (5> of this section, will be codified into the ICAPR at the earliest practicable date.

§ 7-1.108 Deviation.

§ 7-1.108-1 Description.

The term "deviation" includes any of the following sections:

(a) When a prescribed contract clause is set forth verbatim, use of a contract clause covering the same subject matter which varies from that set forth.

(b) When a standard or other form is prescribed, use of any other form for the same purpose.

(c) Alteration of a prescribed standard or other form, except as may be authorized in the regulations.

<d> The imposition of lesser or, where the regulation expressly prohibits, greater limitations than are imposed upon the use of a contract clause, form, procedure, type of contract or upon any other procurement action, including but not limited to, the making or amendment of a contract, or actions taken in connection with the solicitation of bids or proposals, award, administration, or settlement of contracts.

<e) When a policy or procedure is prescribed, use of any inconsistent policy or procedure.

§ 7-1.108-2 Procedure.

The procedure for controlling deviations shall be as set forth in ICA Manual Orders.

§ 7-1.109 Other ICA procurement instructions.

(a) Other matters of a purely internal nature are contained in ICA Manual Orders.

(b) Procurement memoranda will also be employed for the information and guidance of ICA personnel.

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