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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 ICA 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of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded."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

$ 7–1.101 Establishment of ICA pro

curement regulations. Subpart 7-1.1-Introduction Sec.

(a) The ICA Procurement Regula7-1.100 Scope of subpart.

tions (ICAPR) are hereby established. 7-1.101 Establishment of ICA procure- (b) These regulations implement and ment regulations.

supplement the Federal Procurement 7-1.102 Authority.

Regulations (FPR) and are a part of 7-1.103 Applicability.

the Federal Procurement Regulations 7-1.104 Issuances. 7-1.104-1 Publication.

System. 7-1.1042 Copies.

& 7-1.102 Authority. 7-1.105 Arrangement. 7-1.105–1 General plan.

The ICA Procurement Regulations are 7-1.105–2 Numbering.

prescribed by the Director, International 7-1.105-3 Citation.

Cooperation Administration, pursuant to 7-1.106 Implementation and supplemen

the authority of the Mutual Security Act tation of FPR.

of 1954, as amended; Executive Order 7-1.107 Exclusions. 7-1.108 Deviation.

No. 10784, as amended; and the Federal 7-1.108-1 Description.

Property and Administrative Services 7-1.108-2 Procedure.

Act of 1949. 7-1.109 Other ICA procurement instruc

$ 7-1.103 Applicability. tions.

The ICA Procurement Regulations and Subpart 7-1.2-Definition of Terms

the Federal Procurement Regulations, 7-1.201 Definitions.

which together form that part of the 7-1 202 Executive agency. 7-1204

Federal Procurement Regulations SysHead of agency. 7-1205 Procuring activity.

tem which governs ICA procurement, 7-1.209 Procurement.

apply to all direct procurement of per7-1.250 Mutual Security Act.

sonal property and nonpersonal services 7-1.251 ICA.

(including construction). See defini7-1 252 USOM.

tion of "procurement" in $ 7–1.209 of this 7-1 253 Cooperating country.

chapter. 7-1 254 Government, federal, state, local and political subdivisions.

$ 7-1.104 Issuances. Subpart 7-1.3—General Policies

87-1.104-1 Publication. 7–1305–2 Exceptions to mandatory use of The ICA Procurement Regulations apfederal specifications.

pear in the Code of Federal Regulations 7-1.306–1 Mandatory use and application

as Chapter 7 of Title 41, Public Conof federal standards.

tracts, and are published in issues of the Subpart 7-1.5—Contingent Fees

FEDERAL REGISTER, in cumulative form in 7-1.507-3(1) Exceptions.

the Code of Federal Regulations, and in

separate loose-leaf volume form. Subpart 7-1.7-Small Business Concerns

87–1.104–2 Copies. General.

Copies of the ICA Procurement ReguAUTHORITY: The provisions of this part 7-1 issued under sec. 521, 68 Stat. 855, as

lations may be purchased at nominal amended; 22 U.S.C. 1781(a).

cost, from the Superintendent of Docu

ments, Government Printing Office, SOURCE: The provisions of this Part 7–1

Washington 25, D.C. appear at 26 F.R. 6295, July 14, 1961.

$ 7-1.105 Arrangement. Subpart 7-1.1- Introduction

87-1.105-1 General plan. $ 7-1.100 Scope of subpart.

The ICA Procurement Regulations emThis subpart describes the Interna

ploy the same numbering system and tional Cooperation Administration Pro

nomenclature used in the Federal Procurement Regulations in terms of

curement Regulations. establishment, authority, applicability, issuance, arrangement, implementation

$ 7-1.105–2 Numbering. and supplementation of FPR, exclusions, (a) Generally, the numbering system deviations, and other ICA Procurement used in the ICAPR conforms to that of Instructions.

the FPR (see FPR 1-1.007-2). Thus, a

7-1 701

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 7 (meaning the ICA 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 “7–1.105– 3 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."

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.

$ 7-1.106 Implementation and supple

mentation 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

(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 in

structions. (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.

33-622 0-65-12

Subpart 7-1.2-Definition of Terms tion, donation, or requisition. It ex

cludes purchases and contracts made by § 7-1.201 Definitions.

or in the name of a Cooperating CounWhenever such terms appear in the try or an agency thereof which are FPR or in the ICAPR, the following financed by ICA. terms have the meanings set forth in

§ 7-1.250 Mutual Security Act. this subpart:

“Mutual Security Act” means the Mu§ 7-1.202 Executive agency.

tual Security Act of 1954 (Public Law "Executive agency” means the Inter- 665, 83d Congress, as amended) (22 national Cooperation Administration. U.S.C., Chapter 24). $ 7-1.204 Head of the agency.

$ 7-1.251 ICA. "Head of the agency" means the "ICA” means the International CoopDirector, International Cooperation Ad- eration Administration. ministration (including the Deputy

$ 7-1.252 USOM. Director, International Cooperation Administration).

“USOM” means the United States

Operations Mission or principal ICA of$ 7-1.205 Procuring activity.

fice or representative in a Cooperating Procuring activity" means the follow- Country. ing organizational elements: the Office

$ 7-1.253 Cooperating country. of Contract Relations, the Office of Administrative Services, ICA (with offices

“Cooperating country" means a counin Washington, D.C.) and each United

try in which the United States has a States Operations Mission or principal program or activity administered by ICA ICA office or ICA representative in a

under the Mutual Security Act. Cooperating Country.

7-1.254 Government, federal, state, lo

cal and political subdivisions. § 7-1.209 Procurement.

The terms “Government”, “federal”, “Procurement” means the acquisition "state", "local”, and “political subdivi(and directly related matters), from sions" as used throughout the FPR refer non-Federal sources, of personal prop- to political entities under the purview erty and nonpersonal services (includ- and subject to the Constitution of the ing construction) by such means as pur- United States of America and not to chasing, renting, leasing, contracting, or similar political entities constituted bartering, but not by seizure, condemna- under a foreign authority.

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