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(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(5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to contracts or task orders which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-DEV-85–2c. 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 MOP/P, who shall be responsible for maintaining a central record of all deviations that are granted.
(f) Semiannual report of class deviations:
(1) USAID contracting officers shall submit a semiannual report to the M/ OP/P 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; 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445, June 29, 1994; 61 FR 39090, July 26, 1996)
Subpart 701.6—Career Develop
ment, Contracting Authority, and Responsibilities
(a) (1) Pursuant to the delegations in ADS 103.5.10, the MOP Director is authorized to act as the Head of the Agency for all purposes described in the Federal Acquisition Regulation (FAR, 48 CFR Chapter 1), except for the authority in (48 CFR) FAR sections 6.302–7(a)(2), 6.302–7(c)(1), 17.602(a), 19.201(c), 27.306(a), 27.306(b), and 30.2015, or where the “head of the agency” authority is expressly not delegable under the FAR or AIDAR. Further, the M/OP Director is responsible for implementing the procurement related aspects of the Foreign Assistance Act, Executive Order 11223, the Office of Federal Procurement Policy Act, and other statutory and Executive Branch procurement policies and requirements applicable to USAID operations, except for those authorities and responsibilities delegated to the Procurement Executive as specified in ADS 103.5.10f.
(2) The M/OP Director has specified authority to:
(i) Select and appoint contracting officers and terminate their appointments in accordance with section 1.603 of the Federal Acquisition Regulation; and
(ii) 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.
(b) Except as otherwise prescribed, the head of each contracting activity
701.602-1 Authority of contracting of
ficers in resolving audit
ommendations. With the exception of termination settlements subject to part 749, Termination of Contracts, contracting officers shall have the authority to negotiate and enter into settlerments with contractors for costs questioned under audit reports, or to issue a contracting officer's final decision pursuant to the disputes clauses (in the event that questioned costs are not settled by negotiated agreement) in accordance with ADS Chapter 591.5.20. The negotiated settlement or final decision shall be final, subject only to a contractor's appeal, either under the provisions of the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), or to the courts. Policies and procedures for resolving audit recommendations are in accordance with ADS Chapters 591 and 592.
(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 USAID 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 USAID requirements and restrictions, such as those found at 701.376 4 and particularly 701.603–70, the USAID policy regar ag the direct-hire status of contracting officers.
(c) The authority of heads of contracting activities to execute contracts is limited as follows:
(1) 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. Authority to execute simplified acquisitions up to $50,000 at any time. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff.
(2) Director, Center for Human Capacity Development (G/HCD). Authority to execute simplified acquisitions up to $10,000. Unlimited authority for procuring participant training based on published catalog prices, using M/OP/E approved forms. May issue warrants for simplified acquisitions up to $10,000 to qualified individuals on his or her staff.
(3) Overseas heads of contracting activities. Authority to sign contracts where the cumulative amount of the contract, as amended, does not exceed $250,000 (or local currency equivalent) for personal services contracts $100,000 (or local currency equivalent) for all other contracts. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff.
[62 FR 40466, July 29, 1997)
701.602-3 Ratification of unauthorized
commitments. (a) [Reserved] (b) Policy. (1) (Reserved]
(2) In order to maintain management oversight and controls on unauthorized commitments, authority to ratify unauthorized commitments within USAID is reserved to the M/OP Director.
(53 FR 6829, Mar. 3, 1988, as amended at 64 FR 42040, Aug. 3, 1999]
(53 FR 4980, Feb. 19, 1988, as amended at 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 58 FR 8702, Feb. 17, 1993; 59 FR 33445, June 29, 1994; 60 FR 11912, Mar. 3, 1995; 61 FR 39090, July 26, 1996; 62 FR 40466, July 29, 1997; 64 FR 42041, Aug. 3, 1999]
(58 FR 8702, Feb. 17, 1993, as amended at 62 FR 40466, July 29, 1997)
701.707 Signatory authority.
Unless otherwise specified in the FAR or AIDAR section under which the D&F is issued, the Contracting Officer is the signing official. (58 FR 8702, Feb. 17, 1993]
PART 702-DEFINITIONS OF WORDS
Sec. 702.170-1 USAID. 702.170–2 Administrator. 702.170–3 Contracting activities. 702.1704 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. 702.170-9 Head of agency. 702.170–10 Head of the contracting activity. 702.170-11 Mission. 702.170-12 Overseas. 702.170-13 Procurement Executive. 702.170-14 [Reserved] 702.170–15 Third country national (TCN). 702.170–16 U.S. national (USN). 702.170-17 Automated Directives System.
702.170-3 Contracting activities.
The contracting activities within USAID are:
(a) The USAID/Washington activities. The contracting activities located in Washington are the Office of Procurement, Office of Foreign Disaster Assistance, and Center for Human Capacity Development (G/HCD). 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 USAID 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 sets forth the contracting authority for Mission Directors and principal USAID officers at posts. (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; 56 FR 67224, Dec. 30, 1991; 61 FR 39091, July 26, 1996; 62 FR 40466, July 29, 1997)
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.
702.170-4 Cooperating country.
Cooperating country means a foreign country in which there is a program or activity administered by USAID.
702.170–15 Third country national
(TCN). Third country national (TCN) means an individual who is neither a cooperating country national nor a U.S. national, but is a citizen of a country included in Geographic Code 935 (see 22 CFR 228.3).
[49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985, as amended at 62 FR 40466, July 29, 1997]
702.170–10 Head of the contracting ac
tivity. (a) The heads of USAID contracting activities are listed below. The limits of their contracting authority are set forth in 701.601.
(1) USAID/Washington Heads of Contracting Activities:
(i) Director, Office of Procurement;
(ii) Director, Office of U.S. Foreign Disaster Assistance; and
(iii) Director, Center for Human Capacity Development (G/HCD).
(2) Overseas Heads of Contracting Activities: Each Mission Director or principal USAID officer at post (e.g. USAID Representative, USAID Affairs Officer, etc.)
(b) Individuals serving in the positions listed in (a)(1) and (a)(2) of this section in an “Acting" capacity may
702.170–16 U.S. national (USN).
U.S. national (USN) means an individual who is a U.S. citizen or a nonU.S. citizen lawfully admitted for permanent residence in the United States.
[49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985)
702.170–17 Automated Directives Sys
tem. “Automated Directives System” (“ADS”) sets forth the Agency's policies and essential procedures, as well
as supplementary informational ref- lection information outside the Goverences. It contains six functional se- ernment for evaluation purposes pursuries, interim policy updates, valid ant to FAR 15.305(c) and (AIDAR) 48 USAID handbook chapters, a resource CFR 715.305(c). library, and a glossary. References to “ADS” throughout this chapter 7 are [64 FR 16648, Apr. 6, 1999] references to the Automated Directives System. Procurement-related sections
703.104–10.1 Violations or possible vio
lations. of this system are accessible to the general public at the following internet Requests for concurrence under paraaddress: http://www.info.usaid.gov/pubs/ graph (a)(1) of FAR 3.104-10 shall be forads. The entire ADS is available on the warded to one level above the ConADS Compact Disk (ADS CD), which tracting Officer. may be purchased from the Agency at cost by submitting a completed ADS [64 FR 16648, Apr. 6, 1999] CD order form. To request a fax copy of the ADS CD order form, send an e-mail PART 704-ADMINISTRATIVE with your fax number to
MATTERS ADS@USAID.GOV. [64 FR 42041, Aug. 3, 1999)
Subpart 704.4—Safeguarding Classified
Information within Industry
704.404 Contract clause. 702.270–1 Definitions clause.
Subpart 704.8–Contract Files [Reserved] Use the appropriate clause in 752.202– 1, in addition to the clause in FAR AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. 52.202–1.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., PART 703_IMPROPER BUSINESS p. 43
PRACTICES AND PERSONAL
Classified Information Within Subpart 703.1—Safeguards
703.104-5 Disclosure, protection, and mark
ing of proprietary and source informa
tion. 703.104-10.1 Violations or possible viola
tions. 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.
704.404 Contract clause.
If the contract involves access to classified (“Confidential”, “Secret”, or “Top Secret”), or administratively controlled (“Sensitive But Unclassified”) information, use the contract clause in 752.204–2. [49 FR 13239, Apr. 3, 1984. Redesignated at 54 FR 16122, Apr. 21, 1989, as amended at 62 FR 40467, July 29, 1997)
Subpart 703.1-Safeguards 703.104–5 Disclosure, protection, and
marking of proprietary and source
information. A Contracting Office may authorize release of proprietary and/or source se
Subpart 704.8—Contract Files