agencies, including the International Cooperation Administration (ICA).

§ 7-1.252 Administrator.

"Administrator" means the Administrator or Deputy Administrator of the Agency for International Development. § 7-1.253 Assistant Administrator.

"Assistant Administrator" means an Assistant Administrator in the Agency for International Development and the U.S. Coordinator and the Deputy U.S. Coordinator for the Alliance for Progress. § 7-1.254 Borrower, grantee, borrower/ grantee.

These terms refer to borrowers, grantees, or borrowers and grantees under programs administered by AID.

§ 7-1.255 Cooperating country.

"Cooperating country" means a foreign country in which there is a program or activity administered by AID.

§ 7-1.256 Foreign Assistance Act.

"Foreign Assistance Act" means the Foreign Assistance Act of 1961, as amended (22 U.S.C., chapter 32).

§ 7-1.257 Government, Federal, State, local and political subdivisions.

As used in FPR and AIDPR, these terms do not refer to foreign entities except as otherwise stated.

§ 7-1.305-3 Deviations from Federal Specifications.

Deviations from Federal Specifications will be handled as provided in AIDPR 7-1.107. Each Assistant Administrator with cognizance over a procuring activity is responsible for assuring compliance with the policies stated in the Federal Procurement Regulations. The Director will coordinate AID efforts and activities in this regard and will provide a central liaison with the General Services Administration. Except as an Assistant Administrator with cognizance over a procuring activity directs otherwise, the procedure in FPR 1-1.305-3 is not to be followed for cases which fall within the exceptions described in AIDPR 7-1.305-2 as well as in FPR 1-1.305-2.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 7-1.306

Standards.

§ 7-1.310-7 Information regarding responsibility.

The Assistant Administrator for Administration and the Auditor General will assist Contracting Officers, as requested, in developing and evaluating pertinent information.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967; 35 F.R. 11392, July 16, 1970]

§ 7-1.310-10 Performance records.

AID Manual Orders 1423.9 and 1423.10 set up an internal Contractor performance reporting system. Copies of the reports on Contractor performance and evaluation will be furnished by the procuring activities to the Assistant Administrator for Administration, who will maintain central records of Contractor past performance.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.311 Priorities, allocations, and allotments.

The program referred to in FPR-1 1.311 is not generally applicable to AID procurement.

§ 7-1.313 Record of contract actions. In order that the official contract file may contain a full history of each procurement to (a) support actions taken by various personnel in the procurement cycle, (b) provide information for reviews conducted by A.I.D. or others, (c) supply data for use in preparing replies to Congressional inquiries, and (d) furnish essential facts in the event of litigation, each such file shall contain the following data, as applicable:

(1) A copy of the Project Implementation Order (PIO) or other action authority document that conveys authority to procure services or personal property against A.I.D. financing;

(2) On negotiated procurements, identification of the circumstance permitting negotiation (AIDPR 7-3.200-50) (FPR 1-3.2);

(3) A list of the sources solicited or justification for limiting sources (AIDPR 7-3.101-50) and a list of any firms or persons whose requests for copies of the solicitation were denied, together with the reasons for denial;

(4) A copy of the formal solicitation of proposal, the Invitation for Bid (IFB), or a record of informal solicitation of proposals;

(5) A copy of the synopsis message sent to the "Commerce Business Daily" for publicizing contracting or subcontracting possibilities (FPR 1-1.1003-7) or reasons for not synopsizing (FPR 1-1.1003-2);

(6) A copy of each signed bid or proposal received;

(7) The Bidder's Statement of Contingent Fee (FPR 1-1.505);

(8) All price and cost data submitted or used including Certificates of Current Cost or Pricing Data (FPR 1-3.807-4);

(9) The Contracting Officer's determination of the contractor's responsibility (FPR 1-1.310-6(b));

(10) A full record of negotiations, 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;

(11) Required Determinations and Findings (FPR 1-3.302);

(12) A record of the preaward on-siteevaluation surveys conducted (FPR 11.310-9);

(13) A copy of any deviations approved by the Assistant Administrators (AA's) (AIDPR 7-1.107, 7-1.305-3);

(14) Any required approvals and clearances (General Counsel, Security, Technical, Auditor General, Small Business, etc.,);

(15) A copy of the contract or award; (16) A copy of the synopsis message sent to the "Commerce Business Daily" publicizing contract awards (FPR 11.1004-1);

(17) A copy of the Individual Procurement Action Report (IPAR) (M.O. 1423.1);

(18) Any exceptions or exemptions to the Buy American Act or Foreign Assistance Act (FPR 1-6.1) (AIDPR 76.103-51, 7-6.51, and 7-6.52);

(19) Copies of all amendments and task orders with supporting documents; (20) Copy of contractor's established policies and practices covering compensation, leave, workweek, promotions, etc. (standard clauses, AIDPR 7-16.9);

(21) Evidence of contractor's compliance with equal opportunity provisions (AIDPR 7-12.805-4);

(22) Copies of advance payment data (FPR 1-30.4);

(23) Copies of the Federal Reserve Letter of Credit (FRLC) data (AIDPR 7-30.51);

(24) Copy of Contracting Officer's decisions under the Disputes clause (AIDPR 7-1.318);

(25) Termination data (FPR 1-8) (AIDPR 7-8);

(26) All other pertinent correspondence, documents and reports;

(27) Final release upon completion of the contract (Standard Payment clause, AIDPR 7-16.9).

[33 F.R. 4252, Mar. 7, 1968, as amended at 35 F.R. 11392, July 16, 1970]

$7-1.318

Contracting Officer's decision under a disputes clause.

Decisions should not be issued prior to legal review. In each case, the disputes clause in the contract must be examined before a decision is issued. There are contracts for which AID has administrative responsibility which designate an official other than the Contracting Officer to make the decision. In such cases, the decision must be made by the designated officer, or the legal successor to the office, unless the contract is modified to provide for a decision by the Contracting Officer. The AID contract appeal procedure is in Part 7-60 of AIDPR. The paragraph set forth in FPR 1-1.318 may be modified, as appropriate, with the title "Administrator" inserted in the blank space, unless the right of appeal is to an officer other than the Administrator. Subpart 7-1.4-Procurement Responsibility and Authority

§ 7-1.400 Scope of subpart.

This subpart describes the procurement responsibilities and authorities in AID.

Except as otherwise prescribed, the head of each procuring activity (as defined in AIDPR 7-1.206) is responsible for the procurement of supplies and services under or assigned to the procurement cognizance of his activity. The heads of AID/Washington procuring activities are vested with broad authority to carry out the programs and activities for which they are responsible. This authority includes procurement and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to Government-wide and AID requirements and restrictions. See AIDPR 7-1.106. § 7-1.451-2 Designation of Contracting Officers.

The head of each procuring activity is authorized, except as limited in delegations of authority, regulations, or otherwise, to designate Contracting Officers. Copies of delegations and designations, and terminations thereof, will be furnished to the Assistant Administrator for Administration, who will keep a current record of all officers and indi

viduals authorized to act as AID Contracting Officers.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.451-3 AID/Washington procuring activities.

The procuring activities located in Washington are the regional bureaus, the Office of Administrative Services and the Contract Services Division, Office of Procurement. Subject to delegations of authority from the Administrator, the regional bureaus are responsible for procurement related to programs and activities for their areas. There are presently five regional bureaus. The regions for which they are responsible are: Near East-South Asia, Africa, East Asia, Vietnam, and Latin America. They are headed by Assistant Administrators of AID (for the purpose of AIDPR, the Bureau for Latin America is headed by the U.S. Coordinator and the Deputy U.S. Coordinator of the Alliance for Progress). The Office of Administrative Services, which is under the Assistant Administrator for Administration, is responsible for administrative and program support procurements. The Contract Services Division, Office of Procurement, which is also under the Assistant Administrator for Administration, is responsible for procurements which do not fall within the responsibility of other procuring activities, or which are otherwise assigned to it. General delegations to AID/Washington procuring activities are published in the FEDERAL REGISTER and in chapter 100 of the AID Manual.

[32 F.R. 14845, Oct. 26, 1967]

§ 7-1.451-4 Limitation on Overseas field procuring activities.

Missions (as defined in AIDPR 71.258) are overseas procuring activities. Their authority, except in the case of contracts with individuals for the services of the individual alone, is limited to contracts which, with amendments, do not involve AID financing above $25,000 (in dollars or equivalent). Where circumstances warrant, this limitation may be waived by the Assistant Administrator in charge of a regional bureau, or his designate, who will formally notify the Assistant Administrator for Administration of such waivers (and their decision) and will furnish to him a copy of each waiver with the regional Assistant Administrator's, or his delegate's written finding that the affected

Within the limits of delegations and designations, Contracting Officers are authorized to negotiate, execute, amend, terminate, and take other actions with respect to contracts.

§ 7-1.452-2 Responsibilities.

Contracting Officers will personally sign all contractual documents for which they are responsible. They are responsible for their acts as Contracting Officers and must assure themselves that actions proposed to be taken by them are authorized by law and conform to the applicable authorizing documents, that funds are available, that all required clearances and approvals are obtained, and that their actual authority encompasses all of their undertakings.

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 § 7-1.600 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 Director, Office of Procurement will establish and maintain the consolidated list required by FPR 1-1.602. [30 FR. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 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 approve, remove, or reduce the period of debarment is limited to the Administrator, Deputy Administrator, and Assistant Administrator for Administration.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.604-1(a)-1 Notice received.

Notice of proposed debarment shall be deemed to have been received by an affected person if the notice was properly mailed to the last known address of such person.

[34 F.R. 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-1

hearing.

Debarment without a

Administrator

determines

(c) The that the security interests of the United States override the interest of the supplier in an adversary hearing. 134 F.R. 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]

during the hearing and recommendations concerning the proposed debarment

based upon these findings.

[34 F.R. 13321, Aug. 16, 1969]

§ 7-1.604-1(b)-5 Findings.

(a) Findings of fact adequate to establish a cause for debarment shall be based upon substantial evidence. Standards of proof necessary for criminal conviction shall not apply.

(b) Evidence of criminal intent shall not be necessary to establish a cause for debarment.

(c) Findings shall not be circumscribed by technical rules of evidence. [34 F.R. 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 Administration or an officer designated by him.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.605-4 Notice of suspension.

Inquiries concerning suspended Contractors will be referred to the Assistant Administrator for Administration. [30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.606 Agency procedure.

The Assistant Administrator for Administration is designated to act for AID and to furnish information as provided in FPR 1-1.606 (b), (c), (d), (e), and (f). [30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]