tive (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by AID.

702.170-12 Overseas.

"Overseas" means outside the United States, its possessions, and Puerto Rico.

702.170-13 Procurement Executive.

(a) "Procurement Executive" means the AID official who:

(1) Is responsible to the Administra tor, through the Assistant to the Administrator for Management, for management direction of AID's procurement system, including implementa tion 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 Assistant to the Adminis trator for Management, that the AID procurement system meets approved criteria.

(b) The Procurement Executive for AID is Mr. John F. Owens, the Associ ate Assistant to the Administrator for Management. 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 delega tion 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 30.201-2 or where the "head of the agency" authority is expressly not redelegable under the FAR or AIDAR.

(d) In the absence of the Procurement Executive, the Director, Office of Acquisition and Assistance Management, or in the absence of both, the Deputy Director for Program Operations, Office of Acquisition and Assistance Management, without authority to redelegate, shall act as the Agency's Procurement Executive. [50 FR 52781, Dec. 26, 1985]

"Top Secret"), or administratively controlled ("Limited Official Use") information, use the contract clause in 752.204-2.

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:

(i) Participants.

(ii) Dates and places of meetings,

(iii) Selection of the successful contractor, including reasons for selection.

(iv) Agreements on Government-furnished materials, equipment, or facilities.

(vi) Terms, conditions and type of contract agreed to,

(vii) Agreements on subcontracting. (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 comple

753.270-3).

AID's Office of Small and Disadvantaged Business Utilization maintains an A.I.D. 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, A.I.D. 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-Attention: Office of Small and Disadvantaged Business Utilization). These forms should be updated annually.

[50 FR 40976, Oct. 8, 1985, and 50 FR 51396, Dec. 17, 1985, as amended at 52 FR 21058, June 4, 1987)

Subpart 705.2-Synopsis of Proposed Contract Actions

705.202 Exceptions.

(a) [Reserved]

(b) The head of the Agency for International Development has determined in writing, after consultation with the Administrators for Federal Procurement Policy and the Small Business Administration that advance notice is not appropriate or reasonable for:

(1) Contract actions described in AIDAR 706.302-70.

(2) Contract actions of $100,000 or less by an AID Mission made and performed outside of the United States, its possessions, or Puerto Rico, where only local sources are solicited. (For purposes of this paragraph, "local source" is any firm, organization, or individual present in the cooperating country.)

[51 FR 42845, Nov. 26, 1986)

Sec.

PART 706-COMPETITION REQUIREMENTS

706.303-1

of foreign aid, relief, and rehabilitation.

(b) Application. This authority may be used for:

(1) An award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad;

(2) An award of $100,000 or less by an overseas contracting activity;

(3)(i) An award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program; or

(ii) Awards for countries, regions, projects, or programs for which the Administrator of AID makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program.

(c) Limitations. (1) Offers shall be requested from as many potential offerors as is practicable under the circumstances.

(2) The contract file must include appropriate explanation and support justifying the award without full and open competition, as provided in FAR 6.303, except that determinations made under 706.302-70(b)(3) will not be subject to the requirement for contracting officer certification or to approvals in accord with FAR 6.304.

[50 FR 40976, Oct. 8, 1985, and 50 FR 51395, Dec 17, 1985]

Subpart 706.5-Competition Advocates

706.501 Requirement.

The AID Administrator delegated the authority to designate the agency competition advocate and a compet tion advocate for each agency procuring activity (see 706.003 of this part to the AID senior procurement executive. The AID senior procurement executive, under the Administrator's delegation, has designated the Chief of the Planning, Policy and Evaluation Staff (M/SER/PPE), as the Agency s competition advocate and the deputy head (or equivalent) of each contracting activity as the competition advo cate for that activity. If there is no deputy or equivalent, the head of the contracting activity is designated the competition advocate for that activity. The competition advocate's duties may not be redelegated, but can be exer cised by persons serving as acting deputy (or acting head) of the contracting activity. For definitions of contracting activity and head of contracting activity, see 702.170-3 and 702-170-10, respectively.

[50 FR 40528, Oct. 4, 1985, as amended at 51 FR 11449, Apr. 3, 1986]

PART 707-ACQUISITION PLANNING

Subpart 707.1-Acquisition Plans[Reserved]