AID places the greatest possible authority to procure and to set policy and standards for procurement in the heads of the procuring activities. At the same time, AID follows procurement policies and practices generally established in Government procurement except as they are not adapted to the special needs of the Foreign Assistance program or AID's staffing structure.

[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.453-2 Assistant Administrator for Program and Management Services. Within the principles stated above, and subject to the direction of the Administrator, the Assistant Administrator for Program and Management Services will be responsible for the development and maintenance of necessary uniform procurement policies, procedures, and standards; for providing assistance to the procuring activities as appropriate; for keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention; and for making recommendations as appropriate.

[32 FR 8467, June 14, 1967, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.454 Controller.

The Controller of AID is responsible for disbursement and other fiscal services required in connection with AID procurement.

[35 F.R. 11392, July 16, 1970]

§ 7-1.455 General Counsel.

The General Counsel is responsible for provision of necessary legal services in connection with AID procurement.

§ 7-1.456 Auditor General.

The Auditor General is responsible for the provision of financial advisory and audit services required in connection with AID procurement.

[35 F.R. 11392, July 16, 1970]

Subpart 7-1.5—Contingent Fees § 7-1.507 Use of Standard Form 119. § 7-1.507-3 Exceptions.

The exception stated in FPR 1-1.5073(f) for contracts to be made in foreign countries will not be used.

Subpart 7-1.6-Debarred, Suspended, and Ineligible Bidders 87-1.600 Scope of subpart.

See also AID Regulation 8, which is published as Part 208 of Title 22 of the Code of Federal Regulations and is also set out as AID Manual Order 1414.13. Regulation 8 applies to certain transactions financed by AID which do not fall within the coverage of AIDPR as described in AIDPR 7-1.103. The terms of actions taken against suppliers under Regulation 8 will be applied to those suppliers with respect to procurements covered by AIDPR.

§ 7-1.602 Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible.

The Small Business Office, AID/ Washington will establish and maintain the consolidated list required by FPR 1-1.602.

[30 FR. 12968, Oct. 12, 1965, as amended at 36 FR 23556, Dec. 10, 1971; 38 FR 28666, Oct. 16, 1973]

§ 7-1.602-1

Bases for entry on the debarred, suspended, and ineligible list. Persons named on the "List of Ineligible Suppliers" established by Regulation 8 will also be included on the consolidated list required by FPR 1-1.602. The basis for so including debarred firms is FPR 1-1.602-1(d). The basis for so including suspended firms is FPR 11.602-1(f). The consolidated list will indicate that the firm is included because it is on the Regulation 8 list.

§ 7-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

With reference to FPR 1-1.604(b) (1) and FPR 1-1.604(c) (1), authority to ap

Administrator

determines

(c) The that the security interests of the United States override the interest of the supplier in an adversary hearing. [34 FR 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-2 Date of the hearing. Unless the Administrator determines that for good cause shown additional time should be granted, a hearing shall be instituted within 20 days after receipt of a request from an affected person for a hearing in response to the notice described in FPR 1-1.604-1(a). [34 F.R. 13321, Aug. 16, 1969]

§ 7-1.604-1 (b)-3 Hearing Examiner.

(a) The hearing shall be conducted before an impartial hearing examiner designated by the Administrator.

b) The Administrator shall not be limited in the choice of a hearing examiner to persons employed by A.I.D. or by any other agency of the Government.

[34 FR 13321, Aug. 16, 1969]

U.S.

§ 7-1.604-1(b)-4 Report to the Administrator.

The hearing examiner shall submit to the Administrator written findings of fact based upon the record established during the hearing and recommendations concerning the proposed debarment based upon these findings.

[34 FR. 13321, Aug. 16, 1969]

Suppliers suspended because they have been suspended under Regulation 8 will remain suspended for the period that their Regulation 8 suspension is in effect. § 7-1.605-3 Restrictions during period of suspension.

Determinations called for under FPR 1-1.605-3(a) will be made by the Administrator, by the Deputy Administrator, or by the Assistant Administrator for Program and Management Services or an officer designated by him.

[30 F.R. 12968, Oct. 12, 1965, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.605-4 Notice of suspension.

Inquiries concerning suspended Contractors will be referred to the Assistant Administrator for Program and Management Services.

[30 F.R. 12968, Oct. 12, 1965, as amended at 38 FR 28666, Oct. 16, 1973]

§ 7-1.606 Agency procedure.

The Assistant Administrator for Program and Management Services is designated to act for AID and to furnish information as provided in FPR 1-1.606 (b), (c), (d), (e), and (f).

[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28666, Oct. 16, 1973]

Subpart 7-1.7-Small Business Concerns SOURCE: 38 FR 28666, Oct. 16, 1973, unless otherwise noted.

§ 7-1.702 Small business policies.

(a) In keeping with section 602 of the Foreign Assistance Act of 1961 (22 U.S.C.

2352), as amended, A.I.D. shall, insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of said Act, assist United States small business to participate equitably in the furnishing of supplies and services for Foreign Assistance activities.

(b) It is the policy of A.I.D. to:

(1) Fully endorse and carry out the Government's small business program for placing a fair proportion of its purchases and contracts for supplies, construction (including maintenance and repair), research and development, and services (including personal, professional, and technical services) with small business, including minority small business concerns; and

(2) Increase their participation in A.I.D. procurement.

(c) In furtherance of this policy:

(1) Program/project officers shall make positive efforts (see AIDPR 7–1.7045) to identify potentially qualified small and minority business firms during precontract development of programs/projects and shall, with the responsible contracting officers, assure that such firms are given full opportunity to participate equitably;

(2) Small business set-asides shall be made for all contracts to be executed in A.I.D./Washington which qualify for small business set-aside action under Subpart 1-1.7 of the Federal Procurement Regulations; and

(3) Consideration shall be given in appropriate cases to the award of the contract to the Small Business Administration for subcontracting to small business firms pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(d) This program shall be implemented by all A.I.D./Washington procuring activities in order to attain these policy objectives. In accordance with AIDPR 7-1.704, all A.I.D./Washington direct-procurement requirements which exceed $2,500.00 shall be screened for small business opportunities by the Small Business Office except those:

(1) Set-aside unilaterally or by class set-aside;

(2) Where the Contracting Officer certifies in writing that the public exigency will not permit the delay incident to screening;

(3) That will result in an institution building contract (see AIDPR 7-1.704-6 (a) (3)), with an educational or nonprofit institution;

(4) Involving PIO/PS and PIO/TS for the payment of tuition and fees covering participant training at academic institutions; or

(5) Involving the acquisition of personal services by contract (see Manual Order 417.5, "Direct A.I.D. Contracts with U.S. Citizens for Personal Services Abroad").

(e) Where practicable and desirable, small business and minority business enterprise award goals will be established for the respective A.I.D./Washington procuring activities to provide incentive for contracting personnel to increase awards to small firms. The goals will be set by the Small Business Office after consultation with the respective head of the procuring activity (see AIDPR 7-1.206).

(f) In the event of a disagreement between the Small Business Office and the Contracting Officer concerning (1) a recommended set-aside, or (2) a request for modification or withdrawal of a class or individual set-aside, complete documentation of the case including the. reasons for disagreement shall be transmitted within five working days to the head of the procuring activity (see AIDPR 7-1.704-6(e)) for a decision. Procurement action shall be suspended pending a decision.

(g) The above suspension shall not apply where the Contracting Officer:

(1) Certifies in writing, with supporting information, that in order to protect the public interest award must be made without delay;

(2) Promptly provides a copy of said certification to the Small Business Office;

and

(3) Includes a copy of the certification in the contract file.

(h) The Small Business Office shall be the Small Business Advisor and Minority Business Procurement Policy Manager for all A.I.D./Washington procuring activities.

(i) The details on the agency's direction and operation of the small business program are set forth in AIDPR 7-1.704.

(j) No decision rendered, or action taken, under the coverage set forth in AIDPR 7-1.704 shall preclude the Small Business Administration from appealing directly to the A.I.D. Administrator as provided for in Subpart 1-1.7 of the Federal Procurement Regulations.

(k) The Small Business Office may delegate the responsibilities set forth in AIDPR 7-1.704-2(b) (8), (9), and (17) to

The purpose of this section is to prescribe responsibilities and procedures for carrying out the small business program policy set forth in § 1-1.702 of the Federal Procurement Regulations and § 71.702 of this subpart. Small minority business enterprises (see the definition in 1-1.1310-2 of the Federal Procurement Regulations) are included in the term "small business" when used in this subpart. Specific reference to minority business enterprises is for added emphasis.

§ 7-1.704-2 The A.I.D. Small Business Office.

(a) The Small Business Office is responsible for administering, implementing, and coordinating the Agency's small business (including minority business enterprises) program.

(b) The A.I.D. Small Business Office, which is headed by the Special Assistant for Small Business, who also serves as the Minority Business Procurement Manager, shall be specifically responsible for:

(1) Developing policies, plans, and procedures for a coordinated Agencywide small business and minority business enterprise procurement program;

(2) Advising and consulting regularly with A.I.D./Washington procuring activities on all phases of their small business program, including, where practicable and desirable, the establishment of small business and minority business enterprise award goals;

(3) Collaborating with officials of the Small Business Administration (SBA), other Government Agencies, and private organizations on matters affecting the Agency's small business program;

(4) Developing and maintaining a Contractor's Index of bidders/offerors (annotated to identify small business and minority business enterprise firms) capable of furnishing services for use by the AID procuring activities;

(5) Cooperating with contracting officers in administering the performance of contractors subject to the Small Business and Minority Business Enterprises Subcontracting Program clauses (see §§ 1-1.710-3(b) and 1-1.1310-2(b) of the Federal Procurement Regulations);

(6) Developing a plan of operation designed to increase the share of contracts awarded to small business concerns, including small minority business enterprises;

(7) Establishing small business class set-asides for types and classes of items or services where appropriate;

(8) Reviewing each procurement requisition (PIO/T, PIO/C or other requisitioning document) to make certain individual or class set-asides are initiated on all suitable A.I.D./Washington proposed contract actions in excess of $2,500.00 which are subject to screening (see AIDPR 7-1.704-6);

(9) Maintaining a program designed to:

(i) Locate capable small business sources for current and future procurements through GSA and other methods. (ii) Utilize every source available to determine if an item is obtainable from small business, and

(iii) Develop adequate small business competition on all appropriate procurements;

(10) Taking action to assure that unnecessary qualifications, restrictive specifications, or other features (such as inadequate procurement leadtime) of the programming or procurement process, which may prevent small business participation in the competitive process, are modified to permit such participation where an adequate product or service can be obtained;

(11) Recommending that portions of large planned procurements or suitable components of end items or services be purchased separately so small firms may compete;

(12) On proposed non-competitive procurements, recommending to the Contracting Officer that the procurement be made competitive when, in the opinion of the Small Business Office, there are small businesses or minority business enterprises believed competent to furnish the required goods or services, and supplying the Contracting Officer a list of such firms;

(13) Assisting small business concerns with individual problems;

(14) Promoting increased awareness by the technical staff of the availability of small business firms;

(15) Making available to GSA copies of solicitations when so requested;

(16) Counseling non-responsive or non-responsible small business bidders/ offerors to help them participate more effectively in future solicitations; and

(17) Examining bidders lists to make certain that small business firms are appropriately identified and adequately represented for both negotiated and advertised procurements.

§ 7-1.704-3 A.I.D. Contracting Officers.

With respect to procurement activities within their jurisdiction, Contracting Officers are responsible for:

(a) Being thoroughly familiar with Subpart 1-1.7 of the Federal Procurement Regulations and this subpart dealing with the small business program;

(b) Screening abstracts of bids and other award data to determine set-aside potential for future procurements;

(c) Assuring that small business concerns and minority business enterprises are appropriately identified on source lists and abstracts of bids or proposals by an "S" and "M", respectively, or other appropriate symbol;

(d) Reviewing types and classes of items and services to determine where small business set-asides can be applied;

(e) Recommending that portions of large planned procurements or suitable components of end items or services be purchased separately so small firms may compete;

(f) Making a unilateral determination for total or partial small business setasides in accordance with § 1-1.706 of the Federal Procurement Regulations;

(g) Submitting propose procurement actions (PIO/TS, PIO/Cs, or other requisitioning documents) for A.I.D./ Washington contracts to the Small Business Office for screening (see AIDPR 7-1.704-6);

of

(h) Taking action to assure that unnecessary qualifications, restrictive specifications or other features (such as inadequate procurement leadtime) the programming or procurement process which may prevent small business participation in the competitive process are modified to permit such participation where an adequate product or service can be obtained;

(i) Prior to rendering a final decision on a proposed non-competitive procure

ment action, and as part of his findings and determination, the Contracting Officer shall consider the recommendations, if any, of the Small Business Office together with the latter's list of additional sources;

(j) As appropriate, referring small business concerns, including small minority business enterprises, to the Small Business Office for information and advice;

(k) Promoting increased awareness by the technical staff of the availability of small business concerns;

(1) Making available to the Small Business Office copies of solicitations when requested;

(m) Assisting the Small Business Office in counseling non-responsive or non-responsible small business bidders/ offerors to help them to participate more effectively in future solicitations; and

(n) Including the Small Business and Minority Business Enterprises Subcontracting Program clauses in all contracts which meet the conditions prescribed in §§ 1-7.710-3(b) and 1-1.1310-2 (b) of the Federal Procurement Regulations.

§ 7-1.704-4 Heads of procuring activities.

In order for the Agency small business program to be effective, the active support of top management is required. The heads of the procuring activities shall be responsible for:

(a) Rendering decisions in cases resulting from non-acceptances by their Contracting Officers of set-aside recommendations made by the Small Business Office;

(b) Consulting with the Small Business Office in establishing small business and minority business enterprise award goals, where practicable and desirable; and

(c) Assuring that program/project officers discharge their responsibilities set forth in AIDPR 7-1.704-5.

§ 7-1.704-5 Program/Project Officers.

Since the procurement process starts with the establishment of a program/ project requirement, the actions of the program/project officers can affect the opportunity of small business to participate equitably; therefore, each program/ project officer shall, during the formulation of programs/projects which will require contractual implementation:

(a) Consult with the Small Business Office on the availability and capabilities