Any section of the AIDPR may be identified by "AIDPR" followed by the section number. Since the AIDPR is published in the FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation "41 CFR" followed by the section number, as "41 CFR 7-1.007-3."

§ 7-1.008 Agency implementation.

§ 7-1.008-50 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Associate Assistant to the Administrator for Management (M/AAA/SER), and under him, to the Director, Office of Contract Management, or such other office as the (M/ AAA/SER) may designate. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate.

[47 FR 37882, Aug. 27, 1982, as amended at 48 FR 25189, June 6, 1983]

§ 7-1.008-51 AIDPR Notices.

AIDPR Notices will be used to promulgate changes to the AIDPR. Such Notices will be prepared by the Associate Assistant to the Administrator for Management (M/AAA/SER).

[47 FR 37882, Aug. 27, 1982, as amended at 48 FR 25189, June 6, 1983]

§ 7-1.008-52 Appendices.

Procurement policies and instructions which are essentially informational or procedural may be issued as Appendices to the AIDPR. Appendices are filed behind the main text of the AIDPR in a section entitled "Appendices." 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]).

§ 7-1.008-53 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 organiza

tions. One copy of each such issuance shall be forwarded to the Director, Office of Contract Management. Insofar as possible, such material will be numerically keyed to the AIDPR.

§ 7-1.009 Deviations.

§ 7-1.009-50 Policy.

It is the policy of AID that deviation from the mandatory requirements of FPR and AIDPR 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.

§ 7-1.009-1 Description.

The provisions of FPR 1-1.009-1 defining deviations from FPR shall also apply to the AIDPR. The following actions shall also constitute a deviation from FPR or AIDPR:

(a) When a contract clause is set forth in FPR or AIDPR verbatim, use of a collateral provision which modified either the clause or its prescribed application.

(b) When a contract clause is set forth in FPR or AIDPR but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle, and substance of the FPR or AIDPR clause or related coverage of the subject matter.

(c) Omission of any mandatory contract clause.

§ 7-1.009-2 Procedure.

(a) Deviation from FPR or AIDPR 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 procuring 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 procuring 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 procuring activity. Prior to submission of the deviation request to the head of the procuring activity for approval, the Contracting Officer shall obtain written comments from the Office of Contract Management, Support Division. The Support Division shall normally be allowed at least 10 working days prior to the submission of the deviation request to the head of the procuring 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 Support Division for a shorter review period. In addition to a copy of the deviation request, the Support Division shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring 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 procuring activity.

(b) Class deviations from the FPR or AIDPR: Class deviations are those which affect more than one contract or contractor.

(1) Class deviations from the AIDPR will be processed in the same manner as prescribed in paragraph (a) of this section.

(2) Class deviations from the FPR shall be considered jointly by AID and GSA (FPR 1-1.009-2) unless, in the judgment of the head of the procuring activity, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The head of the procuring activity shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, the Office of Contract Management, Support Division, shall be responsible for notifying GSA of the class deviation.

(3) Class deviations from the FPR shall be processed as follows:

(i) The request shall be processed in the same manner as paragraph (a) of this section, except that the Office of

Contract Management, Support Division, shall be allowed at least 15 working days prior to the submission of the deviation request to the head of the procuring activity to effect the necessary coordination with GSA and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter review and coordination period. The comments of GSA and the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring 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 GSA.

(4) Deviations involving basic agreements or other master type contracts are considered to involve more than on contract.

(5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of aproval 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 indentical 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 FPR and AIDPR. 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-73-1, CM-DEV73-2c. 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 Office of Contract Management, Support Division, who shall be responsible for maintaining a central record of all deviations that are granted.

(f) Semiannual report of class deviations:

(1) AID Contracting Officers shall submit a semiannual report to the Office of Contract Management, Support Division of all contract actions effected under class deviations to FPR and AIDPR which have been approved pursuant to paragraph (b) of this section.

(2) The report shall contain the applicable deviation control number, the contractor's name, contract number and task order number (if appropriate).

(3) The report shall cover the 6month periods ending June 30 and December 31, respectively, and shall be submitted within 20 working days after the end of the reporting period.

Subpart 7-1.1 [Reserved]

Subpart 7-1.2-Definition of Terms

§ 7-1.202 Executive agency.

"Executive agency" includes the Agency for International Development (AID) and its predecessor agencies, including the International Cooperation Administration.

§ 7-1.204 Head of the agency.

"Head of the agency" means, for AID, the Administrator, the Deputy Administrator and the Assistant to the Administrator for Management.

(41 CFR 7-1.008.51)

[38 FR 28666, Oct. 16, 1973, as amended at 47 FR 37884, Aug. 27, 1982]

§ 7-1.205 Procuring activities.

The procuring activities within AID are: (a) The AID/Washington procuring activities, which are the Office of Contract Management, and the Office of Management Operations; and (b) the overseas field activities (including missions) which have been delegated procurement authority.

[39 FR 21127, June 19, 1974]

§ 7-1.206 Head of the procuring activity.

The heads of the procuring activities within AID are: (a) The Associate Assistant to the Administrator for Management (M/AAA/SER), (b) the Director, Office of Contract Management, and (c) the Mission Directors or other officers in charge of overseas field activities who have been delegated procurement authority.

[38 FR 28666, Oct. 16, 1973, as amended at 48 FR 25189, June 6, 1983]

§ 7-1.251 AID.

"AID" means the Agency for International Development and its predecessor agencies, including the International Cooperation Administration (ICA).

§ 7-1.252 Administrator.

"Administrator" means the Administrator or Deputy Administrator of the Agency for International Development.

88 7-1.253-7-1.254 [Reserved] § 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.

thority to procure services or personal property against AID financing;

(2) On negotiated procurements, identification of the circumstance permitting negotiation (AIDPR 7-3.20050) (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 11.1003-2);

(6) A copy of each signed bid or proposal received (the successful bid or proposal will be retained in the official contract file; unsuccessful bids or proposals must be retained in the official file for 6 months following execution of the contract);

(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 13.807-4) and Cost Accounting Standards Disclosure Statement (FPR 13.1203);

(9) The contracting officer's determination of the contractor's responsibility (FPR 1-1.1204);

(10) 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 Governmentfurnished materials, equipment, or facilities,

(v) Technical or financial recommendations,

(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 pre-award onsite-evaluation surveys conducted (FPR 1-1.1205-4);

(13) A copy of any deviations approved pursuant to AIDPR 7-1.009 or FPR 1-1.305-3.

(14) 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);

(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) Any exceptions or exemptions to the Buy American Act, Foreign Assistance Act, or AID's Nationality policy (FPR 1-6 and AIDPR 7-6);

(18) Copies of all amendments and task orders with supporting documents;

(19) Copy of contractor's established policies and practices covering compensation, leave, work week, promotions, etc.;

(20) Evidence of contractor's compliance with equal opportunity provisions (FPR 1-12.805-4).

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

(22) Copies of the Federal Reserve Letter of Credit data (AIDPR 7-30.50). (23) Copy of contracting officer's decisions under the "Disputes" clause (FPR 1-1.318-4).

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

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

(26) Financial release upon completion of the contract (standard payment clause, AIDPR 7-7, 7-16.851).

(41 CFR 7-1.008-51)

[40 FR 16205, Apr. 10, 1975, as amended at 45 FR 44275, July 1, 1980; 48 FR 25189, June 6, 1983; 48 FR 30366, July 1, 1983]

§ 7-1.327 Protection of the privacy of individuals.

The Privacy Act of 1974 is implemented in § 1-1.327 of the FPR, which

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 7-1.004.

[30 FR 12968, Oct. 12, 1965, as amended at 48 FR 25189, June 6, 1983]

§ 7-1.451-2 Designation of Contracting Officers.

(a) 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 Director, Office of Contract Management who will keep a current record of