the potential repercussions of publication on the successful execution of development and other cooperative programs in which the United States and foreign countries are involved.

3. Operational Definitions

The Agency draws a distinction between two kinds of manuscripts which a scholar may wish to publish:

(a) A report which is prepared and delivered to the Agency under the terms of the contract (a "contract manuscript"); and

(b) An article or book based upon experience and information gained under an AID contract but not prepared or delivered under the contract (a "non-contract manuscript").

There are two kinds of actions, to be specified in the contract, which the Agency can take upon notification of a contractor's desire to publish:

(a) Comment only, under which AID and the foreign government involved may review the manuscript, and have their comments considered seriously by the contractor prior to publication; and

(b) Authorization for release, which AID may withhold if reconciliation between the national interest and the author's interest is impossible.

4. Policy Statements

(a) AID, as a general rule, will not require an academic institution to obtain permission to publish the written work produced under a contract. It will ask for the opportunity to review the manuscript for comment only, prior to publication.

In the case of a contract manuscript, AID reserves the right to disclaim endorsement of the opinions expressed; if it is a noncontract manuscript, AID reserves the right to dissociate itself from sponsorship or publication.

(b) On the other hand, AID may reserve the right of authorization for release in those exceptional cases where conditions exist making it reasonable foreseeable, in light of the contract's scope of work and the manner and place of performance, that the written work to be prepared and delivered under the contract may have adverse repercussions on the relations and programs of the United States. Where

this right is reserved, it must be so specified in the contract. In determining where to reserve such right, AID will consider all relevant factors, including:

(1) The extent to which prompt and full performance of the contract will require access, facilitated by reason of the contract, to information not generally available to scholars;

(2) The extent to which the work involves matters of political concern to foreign countries, particularly where any substantial part of the work is to be performed therein;

(3) The extent to which, by reason of AID's close involvement and cooperation in the performance of the contract, the work product may be so identified with AID itself as to prevent effective disclaimer of AID endorsement thereof;

(4) The extent to which the objective of the contract is to provide advice to AID or to a foreign government of immediate operational significance in the conduct of the AID program or the implementation of governmental programs in the host country;

(5) The desires of the host country.

5. Implementation

The successful implementation of this policy on publication rests on a thorough understanding and acceptance of these principles by AID and the prospective contractor. The actual publications provision for a particular contract, then, would be so worded as to reflect the agreement reached in the contract negotiations.

AID's concern with noncontract manuscripts is related to the identification of a manuscript with the U.S. Government. This concern will be modified by the passage of time following termination of the contract.

In the normal case of prepublication review for AID comment, the institution will submit a copy of the manuscript not later than the date of submission to the publisher. This gives the Agency time to comment if it is deemed appropriate. However, in the case of review for authorization, timely notification of AID's response will be given, consistent with the size

of the manuscript and the number and location of the parties involved.

The Agency will make every effort to expedite this review procedure in accordance with the underlying principle described at the beginning of this policy statement.

[46 FR 31592, June 16, 1981]

APPENDIX L-REVIEW AND CERTIFICATION OF PROCUREMENT REGULATIONS

1. Purpose

This AIDPR appendix formalizes procedures for the review and certification of proposed AID Procurement Regulations, promulgated by AIDPR Notices, as required by Office of Federal Procurement Policy (OFPP) Policy Letter 80-5.

2. Background

OFPP Policy Letter 80-5 requires, in pertinent part, that: “a. Heads of executive departments and establishments shall assure that no procurement regulation is promulgated within their respective agencies unless a written determination is made, under review procedures established by the agency head, that such regulation would not be inconsistent with the policies set forth in paragraphs (1) through (8) of Section 2 of the Act. (The Office of Federal Procurement Policy Act, Pub. L. 93-400, as amended by Pub. L. 9683), or with policy directives issued by the Administrator (OFPP) under 6(h) of the (OFPP) Act. The required determination shall accompany the publication of any such procurement regulation in the FEDERAL REGISTER and shall also accompany promulgation directly to Federal Agencies. With respect to acquisition regulations, the required determination shall be the responsibility of the principal acquisition official.”

By letter dated August 19, 1980, the Deputy Assistant Administrator, Bureau for Program and Management Services, acting as the "principal acquisition official" for AID, advised the Administrator, OFPP, of the review and certification procedure to be followed by AID for the AIDPR. This Appendix formalizes the procedure es

tablished in DAA/SER's (now M/ AAA/SER) August 19 letter.

3. Procedure

(a) Every proposed policy, regulation, procedure, or form to be promulgated in the AIDPR shall be carefully reviewed by the Policy Branch in the Office of Contract Management (M/ SER/CM/SD/POL) to insure that the proposed action is consistent with paragraphs (1) through (8) of Section 2 of the OFPP Act, and with policy directives issued by OFPP under Section 6(h) of the OFPP Act (for brevity, hereinafter referred to as the OFPP Act and OFPP policy directives), as required by OFPP Policy Letter 80-5.

(b) Only those policies, regulations, procedures, or forms found in the initial review by M/SER/CM/SD/POL to be consistent with the OFPP Act and OFPP policy directives will be prepared for promulgation in the AIDPR. The results of this initial review may be appealed to the Assistant General Counsel for Contracting and Commodity Management (GC/CCM), and ultimately to the Deputy Assistant Administrator Bureau for Program and Management Services (M/AAA/SER), whose decision is final.

(c) Policies, regulations, procedures, and forms are incorporated into the AIDPR by AIDPR Notices, signed by M/AAA/SER. AIDPR Notices are prepared by M/SER/CM/SD/POL and forwarded to M/AAA/SER by Action Memorandum from the Director of the Office of Contract Management. M/SER/CM/SD/POL will include a summary of their review, and a statement that M/SER/CM/SD/POL finds the proposed AIDPR Notice is not inconsistent with the OFPP Act and OFPP Policy directives in the Action Memo. M/SER/CM/SD/POL will also prepare a determination for signature by M/AAA/SER, to accompany the AIDPR Notice, stating that the proposed AIDPR Notice is not inconsistent with the OFPP Act and OFPP policy directives (sample determination attached).

(d) Proposed AIDPR Notices and their covering Action Memos are reviewed by GC/CCM before being presented to M/AAA/SER. GC/CCM will,

as part of their review, consider M/ SER/CM/SD/POL's finding that the proposed AIDPR Notice is not inconsistent with the OFPP Act and OFPP policy directives. GC/CCM clearance of the Action Memo will serve as an objective confirmation of M/SER/ CM/SD/POL's finding. In the event that GC/CCM and M/SER/CM/SD/ POL do not agree on the finding that a proposed AIDPR Notice is not inconsistent with the OFPP Act and OFPP policy directives, they will attempt to reconcile their opinions. If no agreement can be reached, the Director, M/ SER/CM will present the respective positions to M/AAA/SER for final decision.

(e) The determination (sample attached) prepared for M/AAA/SER's signature must accompany proposed AIDPR Notices when they are submit

ted for publication to the FEDERAL REGISTER.

Attachment to Appendix L

DETERMINATION

As required by paragraph 4a of OFPP Policy Letter 80-5, I hereby determine that [AIDPR Notice] has been reviewed against the policies set forth in paragraphs (1) through (8) of Section 2 of the Office of Federal Procurement Policy Act (Pub. L. 93400 as amended by Pub. L. 96-83, hereinafter referred to as the Act), and policy directives issued by OFPP under Section 6(h) of the Act. Based on this review, I hereby determine that [AIDPR Notice] is not inconsistent with the policies set forth in paragraphs (1) through (8) of Section 2 of the Act, and policy directives issued by OFPP under Section 6(h) of the Act.

(41 CFR 7-1.008-51)

[46 FR 31595, June 16, 1981, as amended at 48 FR 30369, July 1, 1983]