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CHAPTER 7-AGENCY FOR INTERNATIONAL

DEVELOPMENT

EDITORIAL NOTE: Nomenclature changes to chapter 7 appear at 62 FR 40466, July 29, 1997, and corrected at 62 FR 45334, August 27, 1997.

SUBCHAPTER A-GENERAL

Part 701 702 703

Page

5 10

Federal Acquisition Regulation System
Definitions of words and terms
Improper business practices and personal conflicts

of interest ......
Administrative matters

12 12

704

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24

719 722

Small business programs
Application of labor laws to government acquisi-

tion.
Protection of privacy and freedom of information
Foreign acquisition
Other socioeconomic programs

724 725 726

28 31 32 33

SUBCHAPTER EGENERAL CONTRACTING REQUIREMENTS

Bonds and insurance

728

37

731 732 733

Contract cost principles and procedures
Contract financing
Protests, disputes, and appeals

38 42 44

SUBCHAPTER F-SPECIAL CATEGORIES OF CONTRACTING

734 736 737

Major system acquisition
Construction and architect-engineer contracts
[Reserved]

47 47

SUBCHAPTER GCONTRACT MANAGEMENT

742 745 747 749 750

Contract administration
Government property
Transportation
Termination of contracts
Extraordinary contractual actions

49 49 50 50 51

SUBCHAPTER H-CLAUSES AND FORMS

57 85

85

752 Solicitation provisions and contract clauses
753 Forms
APPENDICES A-C TO CHAPTER 7 [RESERVED]
APPENDIX D TO CHAPTER 7—DIRECT USAID CONTRACTS WITH

A U.S. CITIZEN OR A U.S. RESIDENT ALIEN FOR PERSONAL

SERVICES ABROAD
APPENDIX E TO CHAPTER 7 [RESERVED]
APPENDIX F TO CHAPTER 7-USE OF COLLABORATIVE ASSIST-

ANCE METHOD FOR TITLE XII ACTIVITIES
APPENDICES G-H TO CHAPTER 7 [RESERVED]
APPENDIX I TO CHAPTER 7-USAID'S ACADEMIC PUBLICATION

POLICY
APPENDIX J TO CHAPTER 7–DIRECT USAID CONTRACTS WITH

A COOPERATING COUNTRY NATIONAL AND WITH A THIRD
COUNTRY NATIONAL FOR PERSONAL SERVICES ABROAD

110

114

115

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reducing the burden, to: U.S. Agency curing offices may apply the Departfor International (USAID), Office of ment of State Acquisition Regulation Procurement, Policy Division (M/OP/ (48 CFR chapter 6) for all administraP), Room 7.08-082U, 1300 Pennsylvania tive and technical support contracts Avenue, N.W. Washington, D.C. 20523– except in defined areas. The Office of 7801; and Office of Management and

Administrative Services will furnish Budget (OMB), Paperwork Reduction

the defined areas and administrative Project (0412_0520), Washington, D.C.

guidelines for procurement to the over20503.

seas Missions. Administrative and local [59 FR 33445, June 29, 1994, as amended at 61 support services include the procureFR 39090, July 26, 1996; 62 FR 40466, July 29, ment accountability, maintenance and 1997; 64 FR 16648, Apr. 6, 1999)

disposal of all office and residential

equipment and furnishings, vehicles Subpart 701.3—U.S. Agency for

and expendable supplies purchased with International Development administrative and/or technical supAcquisition Regulation

port funds, either dollars or local cur

rency. SOURCE: 64 FR 42040, Aug. 3, 1999, unless otherwise noted.

701.303 Publication and codification.

(a) The AIDAR is USAID's Acquisi701.301 Policy.

tion Regulation supplementing the (a) Responsibility. Subject to the di FAR (48 CFR chapter 1) and is pubrection of the Administrator, the Di

lished as chapter 7 of Title 48, Code of rector, Office of Procurement (M/OP

Federal Regulations. AIDAR Circulars Director”) is responsible for:

shall be used to promulgate changes to (1) Developing and maintaining nec

the AIDAR and shall be published in essary uniform procurement policies,

compliance with (48 CFR) FAR part 1. procedures, and standards;

(b) Appendices. Significant procure(2) Providing assistance to the contracting activities as appropriate;

ment policies and procedures that do (3) Keeping the Administrator and

not correspond to or conveniently fit Executive Staff fully informed on pro

into the FAR system described in FAR

1.1 and 1.303 may be published as Apcurement matters which should be brought to their attention; and

pendices to the AIDAR. Appendices fol(4) All agency head duties and au

low the main text of the AIDAR in a thorities stated in (48 CFR) FAR sub

section entitled “Appendices to Chappart 1.3, in accordance with (48 CFR) ter 7and contain a table of contents AIDAR 701.601. These responsibilities and the individual appendices identiinclude but are not limited to devel fied by letter and subject title (e.g., oping, issuing, and maintaining the “Appendix D-Direct USAID Contracts USAID Acquisition Regulation with a U.S. Citizen or a U.S. Resident (“AIDAR”, 48 CFR chapter 7), USAID's Alien for Personal Services Abroad”). supplement to the Federal Acquisition (c) Only the M/OP Director has the Regulation (48 CFR Chapter 1), in co authority to issue internal agency ordination with the General counsel

guidance applicable to all agency conand such other offices as may be appro tracts. The heads of the various USAID priate.

contracting activities (see subparts (b) Applicability. (1) Unless a devi

701.6 and 702.10) may issue operating ination is specifically authorized in ac

structions and procedures consistent cordance with subpart 701.4, or unless

with the FAR, AIDAR, and other Agenotherwise provided, the FAR and

cy regulations, policies, and procedures AIDAR apply to all contracts (regard

for application within their organizaless of currency of payment, or whether funds are appropriated or non-appro

tions. One copy of each such issuance priated) to which USAID is a direct

shall be forwarded to the Office of Proparty.

curement, Policy Division (M/OP/POL). (2) At Missions where joint adminis

Insofar as possible, such material will trative services are arranged, pro

be numerically keyed to the AIDAR.

Subpart 701.4-Deviations from

the FAR or AIDAR

701.402 Policy.

It is the policy of USAID 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.

or

701.470 Procedure.

(a) Deviation from the FAR 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 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 USAID 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 Office of Procurement, Policy Division (M/OP/P), hereinafter referred to as “M/OP/P. The M OP/P 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 M/OP/P for a shorter review period. In addition to a copy of the deviation request, the M OP/P shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the M/OP/P 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. Individual heads of contracting activities have authority to approve class deviations affecting only contracts within their own contracting activities, except that the Director, M/ OP, has authority to approve class deviations that affect more than one contracting activity.

(2) Class deviations from the FAR shall be considered jointly by USAID 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 objective 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 M/OP/P, 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 M/OP/P, 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 M/OP/P for a shorter review and coordination period. The comments of the C/CAAC and the M/OP/P 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 USAID and the C/ CAAC.

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