§ 7-6.5201-5 Source.

"Source" means the country from which a commodity is shipped to the cooperating country, or the cooperating country if the commodity is located therein at the time of the purchase. Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, "source" means the country from which the commodity was shipped to the free port or bonded warehouse.

§ 7-6.5201-6 United States.

"United States" means the States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, the Virgin Islands, Guam, Ryukyu Islands under U.S. control, any areas subject to the complete sovereignty of the United States, and Trust Territories administered by the United States, including the Pacific Islands.

§ 7-6.5202 Background.

AID policy on foreign procurements has a number of roots. These include the Foreign Assets Control and Cuban

Assets Control Regulations, issued by the Treasury Department, which establishes policies for the barring of procurement from sources outside the Free World. They are published in Parts 500 and 515 of Title 31 of the Code of Federal Regulations. In addition, section 604 (a) of the Foreign Assistance Act, as implemented by a Presidential determination of October 18, 1961, as amended (26 F.R. 10543, 27 F.R. 7603), limits procurement, from these developed countries:

Australia, Austria, Belgium, Canada, Denmark, France, Germany (Federal Republic), Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, South Africa, Spain, Sweden, Switzerland, and the United Kingdom.

Subsequent Presidential directives require that no dollar be sent abroad that can be sent instead in the form of U.S. goods and services.

Commodities procured with U.S. dollars rather than with local currencies for foreign assistance projects will be of U.S. source and shall have been mined, grown, or through manufacturing, processing, or assembly produced in the United States. Exceptions to this policy may be made in accordance with M.O. 1414.1.1.

[33 F.R. 4253, Mar. 7, 1968]

§ 7-6.5204 Commodities procured under supply contracts.

The following certification must be attached to or endorsed on each invoice presented for payment under all supply contracts for procurement in the United States, and any supply contract which exceeds $2,500 for procurement outside the United States to which this subpart applies and must be signed by the supplier or his authorized representative:

I (We) hereby certify that the "source" (as defined by AID) of the commodities listed on the attached invoice or invoiced herein is as shown below and that such invoiced commodities were mined, grown, or produced in a country or countries covered by AID Geographic Code I (We) further certify that, to the best of my (our) information and belief, with respect to any produced commodity invoiced, (a) the cost of components (delivered to point of production) acquired by the producer of the commodity in the form in which imported into the country of production from Free World countries other than countries covered by AID Geographic Code

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does not exceed in total cost 10 percent of the lowest price (excluding the cost of ocean transportation and marine insurance) at which I (we) make the commodity available for export sale (whether or not financed by AID), and (b) the produced commodity does not contain any components (1) imported from countries not included under AID Geographic Code 899 or (ii) prohibited by the Foreign Assets Control (FAC) or Cuban Assets Control (CAC) Regulations of the U.S. Treasury Department, or (c) if AID has excepted the commodity from any of the foregoing requirements, the commodity meets all conditions specified by AID in connection with such exception. I (We) understand that a false certification made herein may be punishable by law.

Source of commodities

Authorized signature of supplier

Title Date

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§ 7-6.5205 Commodities procured under service contracts.

U.S. dollar funded contracts for the performance of services will require a U.S. source for all commodities to be delivered under the contract, in whatever form and for all commodities the cost of which (including charges for use) is subject to reimbursement in U.S. dollars. With respect to any such commodities which cost more than $2,500 to procure or acquire (including charges for use), they shall have been mined, grown, or through manufacturing, processing, or assembly produced in the United States and an appropriate certificate will be required. For cost reimbursement contracts, the certification requirement is generally met by the Contractor furnishing suppliers' certificates, as provided in the contract. A form for such certification is set out in Appendix A to AID Regulation 1 published in Part 201, Title 22 of the Code of Federal Regulations, and reproduced in AID Manual Order 1456.1. If (a) the effective use of printed or audiovisual teaching materials depends upon their being in the local language, and (b) such materials are intended for technical assistance projects or activities financed by AID in whole or in part, and (c) other funds, including U.S.-owned or controlled local currencies, are not readily available to finance the procurement of such materials, local language versions may be procured from the following sources, in order of pref

erence:

Countries selected from Geographic Code: (1) 000 United States, including the AID Regional Technical Aid Centers.

The relevant code shall be stated in the contract.

[32 F.R. 8468, June 14, 1967, as amended at 33 F.R. 4253, Mar. 7, 1968; 34 F.R. 7076, Apr. 30, 1969]

§ 7-6.5206 AID policy and Buy American Act.

In the case of procurements which are made solely for use within the United States and for which standard Government forms, such as Standard Form 32 (FPR 1-16.901–32), are used, the standard Buy American provision need not be supplemented or superseded by a clause or clauses implementing the more stringent AID policy. The purpose of this exception is to permit uniformity among Federal agencies procuring for domestic

§ 7-7.001 References to "Government”.

Whenever it is appropriate, in order to avoid ambiguity or misinterpretation, the words "United States" may be inserted before the word "Government" in a standard clause. Similar clarification may be appropriate for other words which appear in standard clauses, including those which refer to officers of the United States Government. [30 F.R. 12978, Oct. 12, 1965]

Subpart 7-7.1-Fixed-Price Supply Contracts

SOURCE: The provisions of this Subpart 77.1 appear at 30 F.R. 12978, Oct. 12, 1965, unless otherwise noted.

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) The term "head of the agency", "Secretary", or "Administrator", as used herein means the Administrator, or Deputy Administrator of the Agency for International Development; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary.

(b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract.

§ 7-7.101-14 Buy American Act.

The clause set forth in FPR 1-7.10114 is not generally included in AID contracts when more stringent source requirements are stated in the contract or when inclusion is not appropriate under FPR 1-6.104-5. (See Executive Order No. 11223, dated May 12, 1965, 30 F.R. 6635). Clauses setting forth the AID source restrictions will be included in AIDPR 7-6.5208 and AIDPR 7-16.

§ 7-7.101-19 Officials not to benefit.

If the procurement is made by an overseas field procurement activity or in other cases where appropriate, the following clause may be substituted for the provision in FPR 1-7.101–19.

(d) "Contract" includes each task order and the basic ordering agreement under which issued.

(e) "Contracting Officer" shall mean the person executing a contract on behalf of the U.S. Government and any other Government employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in the contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(f) "Cooperating Country or Countries" shall mean the foreign country or countries from which participants are selected.

(g) "Cooperating Government" shall mean the Government of the Cooperating Country.

(h) "Director" shall mean the individual who fills the AID position of Director, Office of International Training, or Director, Office of Public Safety, or their authorized representative, acting within the limits of their authority.

(i) "Economy class" air travel (also known as jet-economy, air coach, touristclass, etc.) shall mean a class of air travel which is less than first class.

(j) "Employee" shall mean an employee of the Contractor assigned to work under this contract or task order.

(k) "Federal Procurement Regulations" (FPR) when referred to herein shall include AID Procurement Regulations (AIDPR).

(1) "Fees" shall mean those applicable charges directly related to enrollment in the Institution. This shall not include any permit charge (e.g., parking, vehicle registration), or charges for services of a personal nature (e.g., food, housing, laundry) unless specifically called for in the request placed hereunder.

(m) "Government" shall mean the U.S. Government.

(n) "Institution" shall mean the educational institution providing services hereunder. The terms "Institution" and "Contractor" are synonymous.

(o) "Participants" shall mean nationals of the Cooperating Country brought to the United States or to Third Countries for training.

(p) "Traveler" shall mean the Institution's employee or other person designated by the Contracting Officer or Director, as appropriate, engaged in official travel in execution of his duties hereunder.

(q) "Tuition" shall mean the amount of money charged by an institution for instruction, not including fees as defined above.

§ 7-7.5201-2

Travel and transportation. TRAVEL AND TRANSPORTATION

The Contractor shall be reimbursed for necessary and actual transportation costs and travel allowances of travelers in accordance with the established practice of the Institution for travel within the United States directly referable to the Contract, provided they shall not exceed the rates and basis for computation of such rates as provided in the Standardized Government Travel Regulations, as from time to time amended. Such transportation costs shall not be reimbursed in an amount greater than the cost of, and time required for, economy class commercial air travel scheduled by the most expeditious route unless economy travel or economy travel space are not available and the Institution certifies to the facts in the voucher or other documents required to be submitted in accordance with the Clause of this Contract entitled "Method of Payment". § 7-7.5201-3 Changes in tuition and fees.

CHANGES IN TUITION AND FEES While educational programs for participants will be established utilizing the Institution's currently applicable tuition and fee schedule, the parties understand that such standard tuition and fees may be subject to change during the course of the program. If such event results in an increase in the cost of the program, AID agrees to pay such increased standard tuition and fees in the next applicable academic term as a condition for the continuation of the program. If such change results in a decrease in the cost of the program, the Institution agrees to charge to AID only the amount of such revised standard tuition and fees in the next applicable academic term.

The Institution shall undertake to keep AID currently advised as to changes in its standard tuition and fees. At such time as increases in the amounts of tuition and fees result in there being inadequate funds remaining in this contract to meet the costs

of the next academic term, the Institution will so advise AID. AID may then provide such additional funds as are required to complete the program.

§ 7-7.5201-4 Conflicts between contract and catalog.

CONFLICTS BETWEEN CONTRACT AND CATALOG

In the event of any inconsistency between the provisions of this contract and any catalog, or other document incorporated in this contract by reference or otherwise or any of the Contractor's rules and regulations, the provisions of this contract shall govern. § 7-7.5201-5 Transcripts.

TRANSCRIPTS

At the end of each academic grading period, the Contractor shall send to the Director (or to such other address as the Director may specify) one copy of an official transcript showing all work by the student at the Contractor's institution until withdrawal or graduation.

§ 7-7.5201-6 Withdrawal of students. WITHDRAWAL OF STUDENTS

(a) The Government may, at its option and at any time, withdraw any student by issuing official orders terminating the student status of the person. The Government shall furnish a copy of such orders to the Contractor within a reasonable time after publication.

(b) The Contractor may request withdrawal by the Government of any student for academic or disciplinary reasons.

(c) If such withdrawal occurs prior to the end of a term, the Government shall pay any tuition and fees due for the current term in which the student may be enrolled, and the Contractor shall credit the Government with any charges eligible for refund under the Contractor's standard procedures for civilian students in effect on the effective date of such withdrawal.

(d) Withdrawal of students by the Government shall not be the basis for any special charge or claim by the Contractor other than as provided by the Contractor's standard procedures.

§ 7-7.5201-7 Method of payment.

METHOD OF PAYMENT

Claims for reimbursement covering training, services and/or facilities provided by the Institution under each task order will be paid upon submission by the Institution to the Controller, AID of Voucher Form SF-1034 (original) and SF-1034(a) three copies, properly executed and supported by documentation which shall include the following:

(a) For training of participants assigned to the Institution but not assigned for fulltime enrollment in regular classes during complete academic periods: name of par