§7-3.215 Otherwise authorized by law. See AIDPR 7-3.200-50. Subpart 7-3.3-Determinations, § 7-3.302 Determinations and findings required. The requirement of FPR 1–3.302(b) shall not apply to negotiated amendments to cost reimbursement contracts. The original determination and findings justifying the initial use of a cost reimbursement-type contract shall be deemed applicable to all subsequent amendments to said contracts. [38 FR 28670, Oct. 16, 1973] § 7-3.305 Form and requirements of determinations and findings. AID has not prescribed forms for detailed determinations and findings. § 7-3.308 Preservation of data. Determinations and findings will be kept in the contract file. Subpart 7-3.6-Small Purchases §7-3.600 Scope of subpart. The $2,500 ceiling applies to the cost of supplies and services, exclusive of the cost of transportation and other accessorial costs if their destination is outside the United States. § 7-3.604-3 Agency responsibilities. Each overseas procuring activity is responsible for developing instructions for the guidance of its personnel and procedures which are adapted to local requirements and which conform with and implement FPR 1-3.604. They will identify the specific documentation required to support each imprest fund transaction, which will include an itemized receipt from the vendor in accordance with FPR 1-3.604-6(c) and, when appropriate, a certificate of inspection or manufacturer's guarantee or warranty. § 7-3.604-5 Limitations. Exceptions or additions are in effect for certain overseas procuring activities. Requests by overseas procuring activities for further exceptions or additions will be addressed to the Director, Office of Management Operations, AID/Washington, for coordination with General Services Administration and the Treasury Department. [30 F.R. 12971, Oct. 12, 1965, as amended at 38 FR 28670, Oct. 16, 1973] Subpart 7-3.7-Negotiated Overhead § 7-3.705 Procedure. Negotiated indirect cost rates may be established in a Negotiated Indirect Cost Rate Agreement (Form AID 142047) as set forth in AIDPR 7-16.9, executed by both parties. Such Agreement is automatically incorporated in each contract or grant or other agreement between the parties and shall specify (a) the final rate(s), (b) the base(s) to which the rate(s) apply, (c) the period(s) for which the rate(s) apply, (d) the items treated as direct costs, and (e) the contracts and/or grants and/or other agreements to which the rate (s) apply. The Negotiated Indirect Cost Rate Agreement shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance provided for in each contract or grant or other agreement between the parties. [38 FR 28670, Oct. 16, 1973] Subpart 7-3.8-Price Negotiation § 7-3.805 Selection of offerors for negotiation and award. § 7-3.805-1 General. See AIDPR Subpart 7-4.2 regarding architect-engineer services. § 7-3.807-2 [Reserved] § 7-3.807-2(c) Offeror's analysis of cost proposal. (a) The "Offeror's Analysis of Cost Proposal" form contained in AIDPR 7-16.955 provides for a standardized analysis of estimated costs, suitable for detailed review, to be submitted by an offeror. Except as provided in paragraph (b) of this section, the form contained in AIDPR 7-16.955 shall be used for all negotiated procurements for which written cost or pricing data is required under FPR 1-3.807-3, and may be used in other procurements at the discretion of the Contracting Officer. The offeror must 138 FR 28670, Oct. 16, 1973. also submit supplementary information as detailed on the form. (b) The contractor or prospective contractor may submit the information required by the form set forth above in a different format, acceptable to the contracting officer, when required for a more effective and efficient presentation of cost or pricing information, or when the contractor's or subcontractor's accounting system makes the use of the prescribed format impracticable: Provided, That in such cases the information furnished includes pertinent details as to cost elements and the specific statements, authorization, and certification required by the prescribed format. [35 F.R. 11392, July 16, 1970] § 7-3.807-3 Requirements for cost or pricing data. (a) The requirements of FPR 1-3.8073(a) need not be applied to contracts with nonprofit educational institutions for overseas technical assistance services and research work; such contracts will be treated in the same manner as basic research contracts with educational institutions (see AIDPR 7-16.806). (b) The head of the Agency includes those officials specified in AIDPR 7–1.204. [38 FR 28670, Oct. 16, 1973] Subpart 7-3.9—Subcontracting Policies and Procedures § 7-3.903 Review and approval of Contractor's purchasing system and sub (a) Unless the prime contractor's purchasing or subcontracting procedure has been approved in accordance with paragraph (b) of this section, each individual purchase order was $2,500 and each subcontract shall be approved in writing by the oCntracting Officer prior to its execution. (b) When a substantial amount of purchasing or subcontracting is anticipated under a prime contract, the Contracting Officer may approve use of the contractor's established purchasing or subcontracting procedure in lieu of individual approvals as provided in paragraph (a) of this section. Unless otherwise stated, the approval shall apply only to subcontracts and purchase orders under the single prime contract. In approving the procedure, the Contracting Subpart 7-4.53-Procurement Under AID 7-4.5300 General. Unsolicited research and analysis Subpart 7-4.54-Procurement by Barter- 7-4.5400 Subpart 7-4.55-Pharmaceutical Products 7-4.5500 General. AUTHORITY: Sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. E.O. 10973, November 3, 1961, 26 FR 10469; 3 CFR 1959–63 Comp. SOURCE: The provisions of this Part 7-4 appear at 30 FR 12973, Oct. 12, 1965, unless otherwise noted. Subpart 7-4.10-Architect-Engineer SOURCE: 39 FR 21127, June 19, 1974, unless otherwise noted. § 7-4.1003 Public announcements. (a) To ensure the broadest publicity concerning the Government's interest in obtaining architect-engineer services, the contracting officer shall develop notices in accordance with FPR 1-1.1003 with respect to individual projects. (b) A Contractors' Index is maintained in Washington by the AID Small Business Office. Architect-engineers wishing to perform contracts for AID should file the appropriate form with that office, as provided in AIDPR 7-1.1001 (b). Procurements are publicized in the "Department of Commerce Synopsis", as provided in FPR 1-1.10 and AIDPR 7-1.10. § 7-4.1004-1 Establishment of architect-engineer evaluation boards. (a) The Director, Office of Engineering, or the chief engineer at an AID mission is the designated representative of the Agency head for the establishment of architect-engineer evaluation boards. (b) No firm or organization shall be eligible for consideration for a contract where its principals or associates participated as a member of the evaluation board in the selection process for that project. (c) Each evaluation board will include a representative of the contracting officer and, as appropriate, the cognizant bureau. § 7-4.1004-2 Functions of the evaluation boards. Agency architect-engineer evaluation boards shall perform the following functions: (a) Utilize current data files on architect-engineer firms as collected by the AID Small Business Office, including information on the qualifications of their members and key employees and past experience on various types of engineering and construction projects. The AID Form 1420-5, supported by required photographs and any supplemental data requested in the notice required by FPR 1-1.1003-3 shall be used for this purpose. Information from other sources (such as other clients, other members of the profession, managers or occupants of facilities previously designed, assessments by the procuring agency itself on prior projects awarded to a firm) may also be included in the files; (b) When procurement of architectengineer services is proposed and following publication of a notice as required by FPR 1-1.1003-3, the board shall review the data files on eligible firms including files established on receipt of an AID Form 1420-5 and any supplemental data required in response to the public notice of a particular contract, and shall evaluate the firms in accordance with AIDPR 7-4.1004-3. After making this review and technical evaluation, the board shall hold discussions with not less than three of the firms deemed most highly qualified regarding anticipated concepts and relative utility of alternative methods of approach for furnishing the required services. Oral discussions are preferred, but, if deemed appropriate, a written questionnaire may be used. Overseas missions are encouraged to use AID/W engineering staff to conduct oral discussions in the U.S. when face-to-face discussions at the mission become prohibitively expensive. In so doing, architect-engineer fees will not be a consideration and will not be discussed; and (c) Prepare a selection memorandum recommending no less than three firms which are considered most highly qualified to perform the required services for submission to the head of the procuring activity for his approval. This selection memorandum shall include the information specified in AIDPR 7-4.1004-3(b). § 7-4.1004-3 Evaluation criteria and selection memorandum. (a) In evaluating architect-engineer firms, the architect-engineer evaluation board shall apply the following criteria, other criteria established by Agency regulations, and any criteria set forth in the public notice on a particular contract: (1) Specialized experience of the firm (including each member of joint venture or association) with the type of service required; (2) Capacity of the firm to perform the work (including any specialized services) within the time limitations; (3) Past record of performance on contracts with AID or other Government agencies and private industry with respect to such factors as control of costs, quality of work, and ability to meet schedules, to the extent such information is available; (4) Ability to assign an adequate number of qualified key personnel from the organization, including a competent supervising representative having considerable experience in responsible positions on work of a similar nature; (5) The portions of the work the architect-engineer is able to perform with its own forces when required; (6) Ability of the architect-engineer to furnish or to obtain required materials and equipment; (7) If the geographical or topographical aspects of the project are deemed vital, familiarity with the locality where the project is situated; (8) Financial capacity; (9) Responsibility of the architectengineer under standards provided in FPR 1-1.1203-1 and 1-1.1203-2. No contract may be awarded to a contractor that does not meet these standards; (10) Volume of work previously awarded to the firm by the Agency, with the object of effecting an equitable distribution of architect-engineer contracts among qualified firms. Each architectengineer evaluation board shall give favorable consideration, to the fullest extent practicable, to the most highly qualified firms that have not had prior experience on Government projects (including small business firms and firms owned by the socially and/or economically deprived). (b) The evaluation board shall prepare a selection memorandum for the approval of the head of the procuring activity. The selection memorandum will be signed by the board chairman and cleared by each board member. The selection memorandum shall include the following information: (1) A listing by name of all the firms reviewed by the board; (2) A listing of the evaluation criteria applied; (3) An analysis of the selection showing the rationale for the board's recommendation; (4) The board's recommendation of the three most highly qualified firms, in order of preference; (5) An independent Government cost estimate. The evaluation board shall require the project engineer to develop an independent Government estimate of the cost of the required architect-engineer services. Consideration shall be given to the estimated value of the services to be rendered, the scope, complexity, and the nature of the project and the estimated costs expected to be generated by the work. The independent Government estimate shall be revised as required during negotiations to correct noted deficiencies and reflect changes in, or clarification of, the scope of the work to be performed by the architect-engineer. A cost estimate based on the application of percentage factors to cost estimates of the various segments of the work involved, e.g., construction project, may be developed for comparison purposes, but such a cost estimate shall not be used as a substitute for the independent Government estimate. § 7-4.1004-4 Action by Agency head or his authorized representative. (a) The head of the procuring activity or his authorized designee shall review the selection memorandum and shall either approve it or return it to the board for reconsideration for specified reasons. (b) Approval of the selection memorandum by the head of the procuring activity or his authorized designee shall serve as authorization for contracting officer to commence negotiation. § 7-4.1004-5 Procedure for procurements estimated not to exceed $10,000. References to FPR 1-4.1004-2 (b) and (c) contained in FPR 1-4.1004-5 shall be construed as references to AIDPR 74.1004-2 (b) and (c). Subpart 7-4.52-Procurement of Technical Assistance from U.S. Carriers § 7-4.5200 Policy. The procurement of technical assistance services from U.S. air carriers is governed by a "Statement of General Policy" issued by the Civil Aeronautics Board and published as Subpart H, Part 399, Title 14 of the Code of Federal Regulations. This "Statement of General Policy" is reproduced with specific directions for internal AID procedures in Manual Order 1425.5. Subpart 7-4.53-Procurement Under AID Research and Analysis Programs SOURCE: The provisions of this Subpart 7-4.53 appear at 34 F.R. 256, Jan. 8, 1969, unless otherwise noted. § 7-4.5300 General. (a) AID conducts research and analysis programs that are designed to increase knowledge about the forces and processes related to the economic growth and social modernization of developing countries, to create and explore improved technical materials and methods useful for economic and social development, and to evolve and adapt scientific methods of analysis, using a quantitative approach wherever possible, for predicting and assessing the results of AID programs and for the comparison of alternatives. (b) The central research and analysis program, authorized under section 241 of the Foreign Assistance Act, is directed and administered by the Director, Office of AID Research and University Relations, Bureau for Technical Assistance (TA/RUR), Agency for International Development, Washington, D.C. 20523, from whom further information may be obtained. The procuring activity to which this program is assigned is the Office of Contract Management, Central Operations Division, AID/Washington. (c) Regional Research and Analysis programs are planned and administered by the respective AID regional offices. The procuring activity to which these programs are assigned is the Office of Contract Management, Regional Operations Division. [34 F.R. 256, Jan. 8, 1969, as amended at 35 FR 11393, July 16, 1970; 38 FR 28670, 28671. Oct. 16, 1973] § 7-4.5301 Unsolicited research and analysis proposals. (a) Definition. An unsolicited proposal is a written offer to perform work which does not result from an informal or formal request for proposals from AID. (b) Policy. It is AID's policy to encourage outside organizations and individuals to submit unsolicited proposals which contribute new ideas for accomplishing AID's research and analysis programs. (c) Proposal content. The proposals should include, as a minimum, information such as the full legal name and address of the offeror, brief descriptive title of the proposed research, desired starting date and duration of the work, research plan and objective and its contribution to AID's research and analysis program, available facilities, personnel and equipment, estimated cost including a breakdown of each significant element of cost, and a summary of the offeror's qualifications and past experience. (d) Submission. Unsolicited proposals may be submitted to the Agency for International Development, Washington, D.C. 20523, to the attention of the appropriate AID office, as follows: (1) For research and analysis into the fields of education, economics, political, social and institutional development, and planning and administration: Bureau for Program and Policy Coordination. (2) For research and analysis into the field of housing: Office of Housing. (3) For research and analysis into the field of population: Bureau for Population and Humanitarian Assistance. (4) For research and analysis concerned with only one geographic region (as applicable): (i) Bureau for Asia; (iii) Bureau for Latin America; and (iv) Bureau for Supporting Assistance. (5) For research and analysis into the fields of international training: Office of International Training. (6) For research and analysis into fields other than those cited in paragraphs (d) (1) through (d) (5) of this section e.g., agriculture, health, nutrition and food from the sea: Bureau for Technical Assistance. (e) Method of procurement. It is AID's policy to seek competition to the maxi |