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(b) The information requested by the order for a contractor and/or its emAIDAR sections listed in paragraph (a) ployee to obtain a benefit-usually takis necessary to allow AID to prudentlying the form of payment under a govadminister pubic funds. It lets AID ernment contract. make reasonable assessments of con- (c) Public reporting burden for these tractor capabilities and responsibility collections of information is estimated of costs. Information is required in as shown in paragraph (a) of this section. The estimated burden includes contracts except in defined areas. The the time for reviewing instructions, defined areas and administrative guidesearching existing data sources, gath- lines for procurement will be furnished ering and maintaining the data needed, to the overseas Missions by the Office and completing and reviewing the col- of Administrative Services. Adminislection of information. Send comments trative and local support services inregarding the burden estimates or any clude the procurement accountability, other aspects of these collections of in- maintenance and disposal of all office formation, including suggestions for and residential equipment and furnishreducing the burden, to: US Agency for ings, vehicles and expendable supplies International Development, Office of purchased with administrative and/or Procurement, Policy Division (MOP/ technical support funds, either dollars P), Washington, DC 20523–1435; and Of- or local currency. fice of Management and Budget, OMB,
(49 FR 13236, Apr. 3, 1984, as amended at 49 Paper Reduction Project (0412-0520),
FR 33667, Aug. 24, 1984; 55 FR 6802, Feb. 27, Washington, DC 20503.
1990; 56 FR 67224, Dec. 30, 1991) (59 FR 33445, June 29, 1994)
701.373 Code arrangement. Subpart 701.3-Agency for Inter
(a) The Federal Acquisition Regulanational Development Acqui
tion System brings together, in Title 48
of the Code of Federal Regulations, the sition Regulation
procurement regulations that apply to 701.370 Purpose.
all agencies of the Government. The
FAR is Chapter 1 of Title 48; the The Agency for International Devel- AIDAR is Chapter 7. opment Acquisition Regulation (b) The FAR is divided into 69 parts; (AIDAR) supplements the Federal Ac- parts 1 through 69 of AIDAR expand quisition Regulation (FAR) and imple- upon or modify the policies and procements the procurement related aspects dures included in the FAR. Material isof the Foreign Assistance Act, Execu- sued in the first 69 parts of the AIDAR tive Order 11223, and established AID will be numerically keyed to the corpolicies on contracting as set forth in responding sections of the FAR. Supplement B to AID Handbook 1. The ALDAR provides for the codification
701.374 Publication. and publication of procedures for the (a) Those parts of the AIDAR which acquisition of services and personal contain basic and significant policies property by AID.
and procedures considered to be of in
terest to the general public will be pub701.371 Authority.
lished in the daily issues of the FEDThe AIDAR is prepared by the AID ERAL REGISTER and, in cumulated form, Procurement Executive by direction of in the Code of Federal Regulations. the Administrator of AID pursuant to Copies of the AIDAR in FEDERAL REGthe Foreign Assistance Act of 1961. See ISTER and Code of Federal Regulations FAR Subpart 1.3.
form may be purchased from the Super
intendent of Documents, Government 701.372 Applicability.
Printing Office, Washington, D.C. 20402. (a) Unless a deviation is specifically (b) Public, participation will be obauthorized in accordance with subpart tained for significant revisions to the 701.4, or unless otherwise provided, the AIDAR by soliciting comments in acFAR and AIDAR apply to all contracts cordance with FAR 1.501. (regardless of currency of payment, or whether funds are appropriated or non
701.375 Citation. appropriated) to which AID is a direct Any section of the AIDAR may be party.
identified by “AIDAR” followed by the (b) At Missions where joint adminis- section number. Within the AIDAR ittrative services are arranged, procur- self, internal references to an AIDAR ing offices may apply the Department section will cite the number only, and of State Acquisition Regulation for all will not include the term “AIDAR". administrative and technical support Since the AIDAR is published in the
FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation “48 CFR" followed by the section number, as “48 CFR 703.375."
tive will be responsible for the develop ment and maintenance of necessary uniform procurement policies, procedures, and standards; for providing assistance to the contracting activities as appropriate; for keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention.
701.376 Agency implementation. 701.376–1 Responsibility.
Responsibility for the development and maintenance of the ADDAR is assigned to the Procurement Executive. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate. (49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50301, Dec. 10, 1985)
Subpart 701.4-Deviations from
the FAR or AIDAR
It is the policy of AID that deviation from the mandatory requirements of the FAR and AIDAR shall be kept at a minimum and be granted only if it is essential to effect necessary procurement and when special and exceptional circumstances make such deviation clearly in the best interest of the Government.
701.376-2 AIDAR Notices.
AIDAR Notices will be used to promulgate changes to the AIDAR. Such Notices will be prepared by the Procurement Executive.
Procurement policies and instructions which are essentially informational or procedural may be issued as Appendices to the AIDAR. Appendices are filed behind the main text of the ADAR in a section entitled “Appendices to Chapter 7." The Appendices section contains a table of contents and individual Appendices. The Appendices are identified by letter and subject title (e.g. Appendix A, [title]). 701.3764 Implementation within AID
contracting activities. The heads of the various AID contracting activities may issue operating instructions and procedures consistent with the FAR, AIDAR, and other Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance shall be forwarded to the Office of Procurement, Policy Division (M/OP/P). Insofar as possible, such material will be numerically keyed to the AIDAR. (49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445, June 29, 1994) 701.377 Procurement policy.
Subject to the direction of the Administrator, the Procurement Execu
(a) Deviation from the FAR or AIDAR affecting one contract or transaction.
(1) Deviations which affect only one contract or procurement will be made only after prior approval by the head of the contracting activity. Deviation requests containing the information listed in paragraph (c) of this section shall be submitted sufficiently in advance of the effective date of such deviation to allow adequate time for consideration and evaluation by the head of the contracting activity.
(2) Requests for such deviations may be initiated by the responsible AID contracting officer who shall obtain clearance and approvals as may be required by the head of the contracting activity. Prior to submission of the deviation request to the head of the contracting activity for approval, the contracting officer shall obtain written comments from the Office of Procurement, Policy Division (M/OP/P), hereinafter referred to as “MOP/P". The M/ OP/P shall normally be allowed 10 working days prior to the submission of the deviation request to the head of the contracting activity to review the request and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the MOP/P for a
shorter review period. In addition to a copy of the deviation request, the M OP/P shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the MOP/P shall be made a part of the deviation request file which is forwarded to the head of the contracting activity.
(3) Coordination with the Office of General Counsel, as appropriate, should also be effected prior to approval of a deviation by the head of the contracting activity.
(b) Class deviations from the FAR or AIDAR: Class deviations are those which affect more than one contract or contractor.
(1) Class deviations from the AIDAR will be processed in the same manner as prescribed in paragraph (a) of this section.
(2) Class deviations from the FAR shall be considered jointly by AID and the Chairperson of the Civilian Agency Acquisition Council (C/CAAC) (FAR 1.404) unless, in the judgement of the head of the contracting activity, after due consideration of the objective of uniformity, circumstances preclude such consultation. The head of the contracting activity shall certify on the face of the deviation the reason for not coordinating with the C/CAAC. In such cases, the MOP/P, shall be responsible for notifying the C/CAAC of the class deviation.
(3) Class deviations from the FAR shall be processed as follows:
(i) The request shall be processed in the same manner as paragraph (a) of this section, except that the M/OP/P, shall be allowed 15 working days prior to the submission of the deviation request to the head of the contracting activity to effect the necessary coordination with the C/CAAC and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the M/OP/P for a shorter review and coordination period. The comments of the C/CAAC and the MOP/P shall be made a part of the deviation request file which is forwarded to the head of the contracting activity.
(ii) The request shall be processed in the same manner as paragraph (a) of
this section if the request is not being jointly considered by AID and the C/ CAAC.
(4) Deviations involving basic agreements or other master type contracts are considered to involve more than one contract.
(5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to contracts or task orders which are active at the time the class deviation expires. Authority to continue the use of such deviation beyond 2 years may be requested in accordance with the procedures prescribed in paragraph (a) of this section.
(6) Expiration dates shall be shown on all class deviations.
(c) Requests for deviation shall contain a complete description of the deviation, the effective date of the deviation, the circumstances in which the deviation will be used, a specific reference to the regulation being deviated from, an indication as to whether any identical or similar deviations have been approved in the past, a complete justification of the deviation including any added or decreased cost to the Government, the name of the contractor, and the contract or task order number.
(d) Register of deviations: Separate registers shall be maintained by the procuring activities of the deviations granted from the FAR and AIDAR. Each deviation shall be recorded in its appropriate register and shall be assigned a control number as follows: the symbol of the procuring activity, the abbreviation "DEV”, the fiscal year, the serial number [issued in consecutive order during each fiscal year) assigned to the particular deviation and the suffix "C" if it is a class deviation, e.g. CM-DEV-85–1, CM-DEV-85–2c. The control number shall be embodied in the document authorizing the deviation and shall be cited in all references to the deviation.
(e) Central record of deviations: Copies of approved deviations shall be furnished promptly to the MOP/P, who shall be responsible for maintaining a central record of all deviations that are granted.
(1) Serniannual report of class deviations:
(1) AID contracting officers shall sub- authority up to $25,000 to qualified inmit a semiannual report to the MOP/P dividuals on his or her staff. of all contract actions effected under (3) Director, Office of Administrative class deviations to the FAR and AIDAR Services. Authority to execute small which have been approved pursuant to purchases up to $25,000 for supplies and paragraph (b) of this section.
services, except professional non-per(2) The report shall contain the appli- sonal services and personal services. cable deviation control number, the Unlimited authority when ordering contractor's name, contract number against GSA or other established U.S. and task order number (if appropriate). Government ordering agreements. May
(3) The report shall cover the 6 issue warrants for small purchase aumonth periods ending June 30 and De- thority up to $25,000 to qualified indicember 31, respectively, and shall be
viduals on his or her staff. submitted within 20 working days after
(4) Director, Office of International the end of the reporting period.
Training. Authority to execute small
purchases up to $10,000. Unlimited au(49 FR 13236, Apr. 3, 1984, as amended at 50
thority for procuring participant trainFR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27,
ing based on published catalog prices 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445,
using MOP/P approved forms. May June 29, 1994)
issue warrants for small purchases up
to $10,000 to qualified individuals on his Subpart 701.6-Contracting
or her staff. Authority and Responsibility (5) Overseas heads of contracting ac
tivities. Authority to sign contracts 701.601 General.
where the cumulative amount of the (a) Except as otherwise prescribed, contract, as amended, does not exceed the head of each contracting activity $250,000 (or local currency equivalent) (as defined in 702.170) is responsible for for personal services contracts the procurement of supplies and serv- $100,000 (or local currency equivalent) ices under or assigned to the procure- for all other contracts. May issue warment cognizance of his or her activity. rants for small purchases up to $25,000 The heads of AID contracting activities to qualified individuals on his or her are vested with broad authority to staff. carry out the programs and activities
(53 FR 4980, Feb. 19, 1988, as amended at 55 for which they are responsible. This au
FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, thority includes authority to execute
1991; 58 FR 8702, Feb. 17, 1993; 59 FR 33445, contracts and the establishment of pro- June 29, 1994) curement policies, procedures, and standards appropriate for their pro
701.602–3 Ratification of unauthorized grams and activities, subject to Gov
commitments. ernment-wide and AID requirements (a) [Reserved) and restrictions (see 701.376-4).
(b) Policy. (1) (Reserved) (b) The authority of heads of con- (2) In order to maintain management tracting activities to execute contracts oversight and controls on unauthorized are limited as follows:
commitments, authority to ratify un(1) Director, Office of Procurement. authorized commitments within AID is Unlimited authority to execute con- reserved to the AID Procurement Exectracts. May issue warrants for small utive. purchase authority up to $25,000 to
(53 FR 6829, Mar. 3, 1988) qualified individuals on his or her staff.
(2) Director, Office of U.S. Foreign 701.603 Selection, appointment, and Disaster Assistance. Authority to exe- termination of appointment. cute contracts for disaster relief purposes during the first 72 hours of a dis- 701.603–70 Designation of contracting aster in a cumulative total amount not
officers. to exceed $500,000 (AID Handbook 8, A contracting officer represents the Chapter 5). Authority to execute small U.S. Government through the exercise purchases up to $25,000 at any time. of his/her delegated authority to negoMay issue warrants for small purchase tiate, sign, and administer contracts