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CHAPTER 7-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Part
7-1 General.
7-2 Procurement by formal advertising.
7-3 Procurement by negotiation.
7-4 Special types and methods of procurement.
7-5 Special and directed sources of supply.
7-6 Foreign purchases.
7-7 Contract clauses.

Termination of contracts.
7-10 Bonds and insurance.
7-12 Labor.
7-13 Government property.
7-15 Contract cost principles and procedures.
7-16 Procurement forms.
7-17 Extraordinary contractual actions to facilitate the national defense.
7-30 Contract financing.
7-60 Contract appeal procedure.

7-8

Sec.
7-1.107-1
7–1.107-2
7-1.107-3

Description.
Policy.
Procedure.

PART 7-1-GENERAL

Subpart 7-1.1-Introduction Sec. 7-1.101 Purpose. 7–1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procurement

Regulations System. 7–1.104-2 Internal. 7-1.104-3 Public. 7-1.104-4 AIDPR notices. 7-1.104–5 Responsibility. 7-1.105 Arrangement. 7-1.105-1 Citation. 7-1.106 Implementation within AID pro

curing activities.
7-1.107 Deviations from Federal Pro-

curement Regulations (FPR)
and Agency for International
Development Procurement
Regulations (AIDPR).

Subpart 7-1.2-Definition of Terms 7-1.202 Executive agency. 7–1.204 Head of the agency. 7-1.205 Procuring activity. 7–1.206 Head of the procuring activity. 7–1.209 Procurement. 7-1.251 AID. 7-1.252 Administrator. 7–1.253 Assistant Administrator. 7-1.254 Borrower, grantee, borrower/

grantee. 7-1.255 Cooperating country. 7-1.256 Foreign Assistance Act. 7-1.257 Government, Federal, State, local

and political subdivisions. 7-1.258 Mission. 7–1.259 Overseas.

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Subpart 7-1.3-General Policies Sec. 7-1.305 Specifications. 7–1.305-2 Exceptions to mandatory use of

Federal Specifications. 7-1.305-3 Deviations from Federal Specifi

cations. 7-1.306 Standards. 7-1.306-1 Mandatory use and application

of Federal Standards. 7-1.310 Responsible prospective Con

tractor. 7-1.310-7 Information regarding responsi

bility. 7-1.310-10 Performance records. 7-1.311 Priorities, allocations, and allot

ments, 7-1.313 Record of contract actions. 7-1.318 Contracting Officer's decision

under a disputes clause. Subpart 7-1.4--Procurement Responsibility and

Authority 7-1.400 Scope of subpart. 7-1.451 Procuring activities. 7-1.451-1 General. 7-1.451-2 Designation of Contracting Offi

cers. 7-1.451-3 AID/Washington procuring ac

tivities. 7-1.451-4 Limitation on overseas field pro

curing activities. 7-1.452 Contracting Officers. 7-1.452-1 Authority. 7–1.452-2 Responsibilities. 7-1.453 Procurement policy. 7-1.453-1 General. 7-1.453-2 Assistant Administrator for Ad

ministration. 7-1.454 Controller. 7-1.455 General counsel. 7-1.456 Auditor General.

Subpart 7-1.5-Contingent Fees 7-1.507 Use of Standard Form 119. 7-1.507–3 Exceptions. Subpart 7-1.6-Debarred, Suspended, and

Ineligible Bidders 7-1.600 Scope of subpart. 7-1.602 Establishment and maintenance

of a list of firms or individuals debarred, suspended, or de

clared ineligible. 7–1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 7-1.604 Causes and conditions applicable

to determination of debarment

by an executive agency. 7–1.604–1(a)-1 Notice received. 7-1.604-1(b)-1 Debarment without a hear

ing. 7-1.604-1(b)-2 Date of the hearing. 7–1.604-1(b)-3 Hearing Examiner. 7-1.604–1(b)4 Report to the Administrator. 7–1,604-1(b)-5 Findings. 7-1.604-1(b)-6 Recommendations. 7-1.605

Suspension of bidders. 7-1.605-2 Period and scope of suspen

sion.

Sec. 7-1.605-3 Restrictions during period

of suspension. 7-1.605-4 Notice of suspension. 7-1.606

Agency procedure. Subpart 7–1.7—Small Business Concerns 7-1.702

Small business policies. 7-1.702-50 Additional AID policy. Subpart 7–1.10—Publicizing Procurement Actions 7-1.1001

General policy. 7–1.1003

Synopses of proposed pro

curements. 7-1.1003-2 General requirements. 7–1.1003-7 Preparation and transmittal.

AUTHORITY: The provisions of this part 7–1 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

SOURCE: The provisions of this Part 7-1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.

Subpart 7-1.1-Introduction 87-1.101 Purpose.

This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Agency for International Development (AID). § 7-1.102 Authority.

AIDPR is prepared by the Assistant Administrator for Administration by direction of the Administrator of AID pursuant to the Foreign Assistance Act of 1961, complies with the Federal Procurement Regulations System, and implements and supplements the Federal Procurement Regulations (FPR). See FPR 1-1.0. (30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] 87-1.103 Applicability.

Unless a deviation is specifically authorized in accord with AIDPR 7–1.107, or unless otherwise provided, FPR and AIDPR apply to all procurements (regardless of currency of payment) of personal property and non-personal services to which AID is a direct party. This regulation does not apply to procurements by other parties, such as borrowers and grantees, which are financed under programs administered in whole or part by AID, nor to contracts entered into jointly by AID and the borrower or grantee to make a procurement from a third source for an overseas program or activity.

At Missions where joint administrative services are arranged, procuring offices may apply the Department of State Procurement Regulations (DOSPR)/FPR for all administrative and technical support procurement except in defined areas. The defined areas and administrative guidelines for procurement will be furnished to the overseas Missions by the Office of Administrative Services A/AS. Administrative and local support seryices include the procurement accountability, maintenance and disposal of all office and residential equipment and furnishings, vehicles and expendable supplies purchased with administrative and/or technical support funds, either dollars or local currency. [30 F.R. 12968, Oct. 12, 1965, as amended at 35 F.R. 7964, May 23, 1970] § 7-1.104 Issuance. $ 7-1.104–1 Relation to Federal Pro

curement Regulations Systems. (a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations that apply to all civilian agencies of the Government. FPR is Chapter 1 of Title 41. AIDPR is Chapter 7.

(b) FPR will be divided into 49 parts, and Parts 1 through 49 of AIDPR will expand upon or modify the policies and procedures included in FPR. Material issued in the first 49 parts of AIDPR will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of AIDPR will be used for procurement policies and procedures for which FPR has or is not expected to have a counterpart. See FPR 1-1.0. 87-1.104–2 Internal.

AIDPR will be published in loose-leaf form for internal distribution. $ 7-1.104–3 Public.

Those parts of AIDPR which contain basic and significant policies and procedures considered to be of interest to the general public will be shed in the daily issues of the FEDERAL REGISTER and, in cumulated form, in the Code of Federal Regulations. Copies of AIDPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

$ 7–1.104-4 AIDPR notices.

AIDPR notices will be used to promulgate temporary, interim, and emergency procurement instructions. Such notices will be prepared by the Assistant Administrator for Administration. 130 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] 87-1.104–5 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator för Administration and, under him, to the Director, Ofice of Procurement or such other oficer as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the heads of AID/Washington procuring activities, the General Counsel, and such other offices as may be appropriate. (30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967) $ 7-1.105 Arrangement. § 7-1.105–1 Citation.

Any section of AIDPR may be identified by “AIDPR" followed by the section number. Only those sections of the regulations which have been published in the FEDERAL REGISTER may properly be incorporated in contracts by reference. In such references, the sections may be cited as “41 CFR” followed by the section number, as “41 CFR 7-1.105–1". § 7-1.106 Implementation within AID

procuring activities. The heads of the various AID procuring activities may issue operating instructions and procedures consistent with FPR, AIDPR, and other Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance shall be forwarded to the Director, Office of Procurement. Insofar as possible, such material will be numerically keyed to the AIDPR. (30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 7-1.107 Deviations from Federal Pro

curement Regulations (FPR) and Agency for International Develop. ment Procurement Regulations

(AIDPR). [32 F.R. 14844, Oct. 26, 1967] $ 7–1.107–1 Description.

The provisions of FPR 1-1.009–1 defining deviations from FPR shall also

apply to the AIDPR. The following ac- the exigency of the situation requires tions shall also constitute a deviation more immediate action, the requesting from FPR or AIDPR:

office may arrange with PROC/CSD for (a) When a contract clause is set a shorter review period. In addition to forth in FPR or AIDPR verbatim, use of a copy of the deviation request, PROC/ a collateral provision which modifies CSD shall be furnished any background either the clause or its prescribed appli- or historical data which will contribute cation.

to a fuller understanding of the devia(b) When a contract clause is set forth tion, PROC/CSD's comments shall be in FPR or AIDPR but not for use ver- made a part of the deviation request file batim, use of a contract clause covering which is forwarded to the approving Asthe same subject matter which is incon- sistant Administrator. sistent with the intent, principle, and (3) Coordination with the Office of substance of the FPR or AIDPR clause or General Counsel, as appropriate, should related coverage of the subject matter. also be effected prior to approval of a

(c) Omission of any mandatory con- deviation by the approving Assistant tract clause.

Administrator. (32 F.R. 14844, Oct. 26, 1967)

(b) Class deviations from the FPR or

AIDPR: Class deviations are those which 87-1.107-2 Policy.

affect more than one contract or conIt is the policy of AID that deviation tractor. from the mandatory requirements of (1) Class deviations from the AIDPR FPR and AIDPR shall be kept at a mini- will be processed in the same manner as mum and be granted only if it is es- prescribed in paragraph (a) of this sential to effect necessary procurement section. and when special and exceptional cir- (2) Class deviations from the FPR cumstances make such deviation clearly shall be considered jointly by AID and in the best interests of the Government. GSA (FPR 1-1.009-2) unless, in the (32 F.R. 14844, Oct. 26, 1967)

judgment of the approving Assistant Ad

ministrator, after due consideration of $ 7-1.107–3 Procedure.

the objective of uniformity, circum(a) Deviation from the FFR or AIDPR stances preclude such joint effort. The affecting one contract or transaction: approving Assistant Administrator shall

(1) Deviations which affect only one certify on the face of the deviation the contract or procurement will be made reason for not obtaining GSA coordinaonly after prior approval by the Assistant tion. In such cases, PROC/CSD shall be Administrator having cognizance over responsible for notifying GSA of the class the procuring activity or by a principal deviation. deputy designated by the Assistant Ad- (3) Class deviations from the FPR ministrator. Deviation requests contain- shall be processed as follows: ing the information listed in paragraph (i) The request shall be processed in (c) of this section, shall be submitted the same manner as paragraph (a) of sufficiently in advance of the effective this section, except that PROC/CSD shall date of such deviation to allow adequate be allowed at least 10 working days prior time for consideration and evaluation by to the submission of the deviation request the approving Assistant Administrator. to the approving Assistant Administra

(2) Requests for such deviations may tor, to effect the necessary coordination be initiated by the responsible AID Con- with GSA and to submit comments. If tracting Officer who shall obtain clear- the exigency of the situation requires ance and approvals as may be required more immediate action, the requesting by the approving Assistant Administra- office may arrange with PROC/CSD for tor. Prior to submission of the deviation a shorter review and coordination period. request to the Assistant Administrator GSA's and PROC/CSD's comments shall for approval, the Contracting Officer be made a part of the deviation request shall obtain written comments from the file which is forwarded to the approving Office of Procurement, Contract Services Assistant Administrator; Division (PROC/CSD). PROC/CSD shall (ii) The request shall be processed in normally be allowed at least five work- the same manner as paragraph (a) of ing days prior to the submission of the this section if the request is not being deviation request to the approving As- jointly considered by AID and GSA. sistant Administrator, to review these (4) Deviations involving basic agreerequests and to submit comments. If ments or other master type contracts are

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