Subpart 701.7-Determinations and Findings

701.704 Content.

There is no AID-prescribed format or form for determinations and findings (D&Fs). D&Fs are to contain the information specified in FAR 1.704 and any information which may be required by the FAR or AIDAR section under which the D&F is issued.

[58 FR 8702, Feb. 17, 1993]

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]

cessor agencies, including the International Cooperation Administration (ICA).

702.170-2 Administrator.

Administrator means the Administrator or Deputy Administrator of the Agency for International Development. 702.170-3 Contracting activities.

The contracting activities within AID are:

(a) The AID/Washir:gton activities. The contracting activities located in Washington are the Office of Procurement, Office of Administrative Services, Office of Foreign Disaster Assistance, and Office of International Training. 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 AID 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 AID 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]

702.170-4 Cooperating country.

Cooperating country means a foreign country in which there is a program or activity administered by AID.

702.170-5 Cooperating country national (CCN).

Cooperating country national (CCN) means an individual who is a cooperating country citizen or a non-cooperating country citizen lawfully admitted for permanent residence in the cooperating country.

702.170-6 Executive agency.

Executive agency includes the Agency for International Development (AID) and its predecessor agencies, including

the International Cooperation Administration.

702.170-7 Foreign Assistance Act.

Foreign Assistance Act means the Foreign Assistance Act of 1961, as amended (22 U.S.C., Chapter 32).

702.170-8 Government, Federal, State, local and political subdivisions.

As used in the FAR and AIDAR, these terms do not refer to foreign entities except as otherwise stated.

702.170-9 Head of agency.

Head of agency means, for AID, the Administrator, and the Deputy Administrator, and in accordance with the responsibilities and limitations set forth in 702.170-13(c)(4), the Agency Procurement Executive.

[50 FR 52780, Dec. 26, 1985]

702.170-10 Head of the contracting activity.

(a) The heads of AID contracting activities are listed below. The limits of their contracting authority are set forth in 701.601.

(1) AID/Washington Heads of Contracting Activities:

(i) Director, Office of Procurement; (ii) Director, Office of Administrative Services;

(iii) Director, Office of U.S. Foreign Disaster Assistance; and

(iv) Director, Office of International Training.

(2) Overseas Heads of Contracting Activities: Each Mission Director or principal AID officer at post (e.g. AID Representative, AID Affairs Officer, etc.)

(b) Individuals serving in the positions listed in (a)(1) and (a)(2) of this section in an "Acting" capacity may exercise the authority delegated to that position.

[53 FR 4980, Feb. 19, 1988, as amended at 56 FR 67224, Dec. 30, 1991]

702.170-11 Mission.

Mission means the AID mission or the principal AID office or representative (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by AID.

702.170-13 Procurement Executive.

(a) Procurement Executive means the AID official who:

(1) Is responsible to the Administrator, through the Associate Administrator for Finance and Administration, for management direction of AID's procurement system, including implementation of AID's unique procurement policies, regulations, and standards, and

(2) Oversees development of the system, evaluates system performance in accordance with approved criteria, and certifies to the Administrator, through the Associate Administrator for Finance and Administration, that the AID procurement system meets approved criteria.

(b) The Procurement Executive for AID is Mr. John F. Owens, the Deputy Associate Administrator for Finance and Administration Services. Mr. Owens reports and makes recommendations to the Administrator, the Deputy Administrator, or other AID officials, as appropriate, with regard to the implementation and improvement of the procurement system and procurement staffing to meet the objectives and requirements of the Foreign Assistance Act, Executive Order 12352, the Office of Federal procurement Policy Act, and other statutory and Executive Branch procurement policies and requirements applicable to AID operations. These reports and recommendations, including results of case reviews requested by the Deputy Administrator, will deal with the use of effective competition in procurement; establishment of clear lines of authority, accountability, and responsibility for procurement decision making within AID; and development and maintenance of a procurement career management program to assure an adequate professional work force.

(c) The AID Procurement Executive has specific authority to:

(1) Select and appoint contracting officers and terminate their appointments in accordance with section 1.603 of the Federal Acquisition Regulation;

(2) Issue, develop, and maintain the Agency's acquisition regulations, procedures and standards for issuance in accordance with established agency delegations and requirements, as provided in Subpart 1.3 of the Federal Acquisition Regulation;

(3) 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; and

(4) Act for the Administrator, as "head of the agency" for all other purposes of the Federal Acquisition Regulation and the AID Acquisition Regulation, except for the authority in FAR 6.302-7(a)(2), 6.302-7(c)(1), 7.103, 17.602(a), 19.201(c)(2), 19.201(c)(3), 27.306(a), 27.306(b), and 30.201-5 or where the "head of the agency" authority is expressly not redelegable under the FAR or AIDAR.

[50 FR 52781, Dec. 26, 1985, as amended at 52 FR 38097, Oct. 14, 1987; 53 FR 50630, Dec. 16, 1988; 54 FR 37334, Sept. 8, 1989; 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991]

702.170-14 Senior Procurement Executive.

Senior Procurement Executive is synonymous with the term "Procurement Executive", as defined in 702.170-13 of this subpart.

[50 FR 16086, Apr. 24, 1985]

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 Free World Country (i.e., Geographic Code 935).

[49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985]

702.170-16 U.S. national (USN).

U.S. national (USN) means an individual who is a U.S. citizen or a non-U.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]

Subpart 704.8-Contract Files

704.803 Contents of contract files.

(a) In order that the official contract file may contain a full history of each procurement to support actions taken by various personnel in the procurement cycle, provide information for reviews conducted by AID or others, supply data for use in preparing replies to Congressional inquiries, and furnish essential facts in the event of litigation, each such file shall contain the data required by 4.803 of the FAR, and the following additional data, as applicable:

(1) A full record of negotiations (memorandum of negotiation) including, but not limited to:

(viii) Justification for fixed fee or profit, and

(ix) Justification for final cost or price;

(2) Any required approvals and clearances (such as General Counsel, security, project office, Mission, Office of Small and Disadvantaged Business Utilization, Office of Information Resources Management, Communications Review Board);

(3) Any exceptions or exemptions to the Buy American Act, Foreign Assistance Act, or AID's nationality policy (Part 725 or Part 25 of the FAR);

(4) Copies of all amendments and task orders with supporting documents;

(5) Copy of contractor's established policies and practices covering compensation, leave, work week, promotions, etc.;

(6) Copy of contracting officer's decisions under the disputes clause (FAR 33.011);

(7) All other pertinent correspondence, documents and reports;

(8) Financial release upon completion of the contract (release forms, 753.2703).

[49 FR 13239, Apr. 3, 1984]

Sec.

PART 705-PUBLICIZING CONTRACT ACTIONS

705.002 Policy.

Subpart 705.2-Synopsis of Proposed Contract Actions

705.202 Exceptions.

705.207 Preparation and transmittal of cer

tain synopses.

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 Part 1979 Comp., p. 435; 40 U.S.C. 474.

705.002 Policy.

AID's Office of Small and Disadvantaged Business Utilization maintains an AID Consultant Registry Information System (ACRIS), which serves as a reference source and an indication of a prospective contractor's interest in performing AID contracts. Prospective contractors are invited to file the appropriate form (Standard Forms 254/ 255, Architect-Engineer and Related Services Questionnaire; or AID Form 1420-50, AID Consultant Registry Information System (ACRIS) Organization and Individual Profile) with AID's Office of Small and Disadvantaged Business Utilization (Department of State, Agency for International Development, Washington, DC 20523-1414-Attention: Office of Small and Disadvantaged Business Utilization). These should be updated annually.

forms

for contract actions described in 706.302-70(b)(1) through (b)(3).

(c) Advance notice is not required for contract actions undertaken in accordance with §706.302–71.

[51 FR 42845, Nov. 26, 1986, as amended at 54 FR 28069, July 5, 1989; 55 FR 8469, Mar. 8, 1990; 55 FR 39154, Sept. 25, 1990; 56 FR 27208, June 13, 1991; 57 FR 5235, Feb. 13, 1992]

705.207 Preparation and transmittal of certain synopses.

The responsible contracting officer shall notify AID's Office of Small and Disadvantaged Business Utilization (OSDBU) at least seven business days before publicizing a solicitation in the Commerce Business Daily for an acquisition:

(a) Which is to be funded from amounts made available for development assistance or for assistance for famine recovery and development in Africa; and

(b) Which is expected to exceed $100,000.

For exceptions, see 726.104.

[56 FR 27208, June 13, 1991]

Sec.

PART 706-COMPETITION REQUIREMENTS

706.003 Definitions.

Subparts 706.1-706.2 (Reserved)

Subpart 706.3-Other Than Full and Open Competition

706.302-5 Authorized or required by statute. 706.302-70 Impairment of foreign aid pro

grams.

706.302-71 Small disadvantaged businesses. 706.303-1 Requirements.

Subpart 706.5-Competition Advocates 706.501 Requirement.

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 Part 1979 Comp., p. 435; 40 U.S.C. 474.

706.003 Definitions.

Procuring activity means "contracting activity", as defined in 702.170-3.