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Subpart 7–1.3—General Policies § 7-1.305–2 Exceptions to mandatory
use of federal specifications. In addition to the circumstances outlined in FPR 1-1.305–2, ICA may dispense with the use of federal specifications whenever their use is not consistent with conditions or program objectives in a Cooperating Country. & 7-1.306–1 Mandatory use and appli
cation of federal standards. In addition to the exceptions specified in FPR 1-1.306–1, ICA may dispense with the use and application of federal standards whenever their use is not consistent with conditions or program objectives in a Cooperating Country.
Subpart 7-1.5—Contingent Fees $ 7-1.507-3(f) Exceptions.
The exception in FPR 1-1.507-3(f) shall not be applicable.
Subpart 7-1.7--Small Business
Concerns & 7-1.701 General.
Under and pursuant to section 504 of the Mutual Security Act of 1954, as amended, ICA has been granted certain authority and has specified responsibilities in the matter of assisting American small business to participate equitably in the furnishing of commodities and services financed with certain funds authorized by that Act. Pursuant to the same section of the Mutual Security Act, ICA has established an Office of Small Business headed by a Special Assistant for Small Business to assist in carrying out the specified responsibilities.
PART 7-2-PROCUREMENT BY
Subpart 7-2.2-Solicitation of Bids 7-2.205 Bidders mailing lists. 7-2.205–1 Establishment of lists. Subpart 7-2.4-Opening of Bids and Award of
Contract 7–2.407–6 Equal low bids; preferences.
AUTHORITY: The provisions of this Part 7-2 issued under sec. 521, 68 Stat. 866, as amended; 22 U.S.C. 1781(a).
SOURCE: The provisions of this part 7-2 appear at 26 F.R. 6296, July 14, 1961.
Subpart 7-2.1-Use of Formal
Advertising $ 7-2.102 ICA policy.
Although ICA is exempt from all legal requirements with respect to the use of formal advertising, it is the policy of the agency to employ this method of procurement whenever it is practical to do so in the best interests of the Government.
Subpart 7-2.2—Solicitation of Bids $ 7–2.205 Bidders mailing lists. § 7-2.205–1 Establishment of lists.
USOMS shall establish and maintain bidders mailing lists only when it is practicable to do so, and when such are not maintained they shall assure access to adequate sources of supply and services. Subpart 7-2.4-Opening of Bids and
Award of Contract § 7-2.407-6 Equal low bids; prefer
FPR 1-2.407–6 does not apply to USOM procurements when the equal low bids were made by non-U.S. suppliers. PART 7–3-PROCUREMENT BY
NEGOTIATION Subpart 7-3.1-Use of Negotiation Sec. 7-3.102(1) Factors to be considered in ne
gotiated contracts. 7-3.102.50 Architectural, engineering and
other professional services. 7–3.102.51 Adaptability to overseas services. Subpart 7–3.2-Circumstances Permitting
Negotiation 7–3.200 Scope of subpart. Subpart 7-3.3—Determinations, Findings and
Authorities 7-3.301 Determinations and findings re
quired. 7-3.302 Form and requirements of de
terminations and findings;
preservation of data.
Subpart 7–3.6—Small Purchases 7–3.600 Scope of subpart. 7–3.604-5 Limitations.
Subpart 7–3.8—Price Negotiation Policies and
Techniques 7-3.805 Selection by ICA of offerors for
negotiation and award. 7-3.808-5 Subcontracting for services.
AUTHORITY: The provisions of this part 7-3 issued under sec. 521, 68 Stat. 855, as amended; 22 U.S.C. 1781(a).
SOURCE: The provisions of this Part 7–3 appear at 26 F.R. 6296, July 14, 1961.
Subpart 7-3.1-Use of Negotiation $ 7-3.102(1) Factors to be considered
in negotiated contracts. FPR 1-3.102(1) does not apply to USOM procurements. & 7–3.102.50 Architectural, engineering
and other professional services. ICA policy permits the selection of prospective contractors by ICA/Washington for the performance of architectural, engineering and other professional services without the solicitation of competitive offers. This policy requires that due consideration be given to the obtaining of a fair and reasonable price. 87-3.102.51 Adaptability to
services. In addition to the factors set forth in FPR 1-3.102, consideration will be given in the conduct of negotiating service contracts to the adaptability of the contractor and contract employees to employment and residence in the Cooperating Country.
Permitting Negotiation & 7–3.200 Scope of subpart.
ICA is not subject to the statutory requirement for procurement by formal advertising and does not rely on any of the provisions of FPR 1-3.201 through 1-3.214 or the sections of the Act referenced therein. (See FPR 1-3.215(a)). ICA purchases and contracts are negotiated under authority contained in section 533 of the Mutual Security Act of 1954, as amended, and as implemented by Executive Order No. 10784 dated October 1, 1958, as amended, by Executive Order No. 10845 dated October 12, 1959. Subpart 7–3.3—Determinations,
Findings and Authorities $ 7–3.301 Determinations and findings
required. Although the provisions with respect to determinations and findings contained in Subpart 1-3.2 and the sections of the Act referenced in FPR 1-3.301 are not applicable to ICA contracts entered into by negotiation, the determinations referred to in (a), (b) and (c) of FPR 1-3.301 shall be made in writing by the head of the appropriate procuring activity or his designees.
§ 7–3.302 Form and requirements of
determinations and findings; preser
vation of data. (a) Each determination required under § 7-3.301 shall be based on written findings made by the official making such determination, which findings shall be final, and available for a period of at least six years following the date of the determination.
(b) The form of determinations and findings required shall be sufficient to satisfy the requirements of the referenced provisions of law the same as if such provisions of law were applicable, and shall be in such form as may be prescribed in agency instructions.
Subpart 7–3.6—Small Purchases $ 7-3.600 Scope of subpart.
The limitation of $2,500 contained in FPR 1-3.600 and FPR 1-3.602(d) for the purchase of supplies and nonpersonal services from commercial sources is applicable to all ICA "small purchases" including those made by USOMs but such limitation shall be applicable only to the cost of such supplies and services exclusive of the cost of transportation of supplies and other accessorial costs. $ 7–3.604–5 Limitations.
Exceptions or additions previously granted USOMs continue in effect. Requests by USOMs for further exceptions or additions shall be transmitted to the Director, Office of Administrative Services, ICA/Washington, for coordination with the General Services Administration and the Treasury Department as required by FPR 1–3.604-5.