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PART 705—PUBLICIZING CONTRACT ACTIONS

Sec. 705.002 Policy.

mined after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration, that advance notice is not appropriate or reasonable for contract actions described in 706.302–70(b)(1) through (b)(3).

(c) Advance notice is not required for contract actions undertaken in accordance with 706.302–71.

f51 FR 42845, Nov. 26, 1986, as amended at 54 FR 28069, July 5, 1989; 55 FR 8469, Mar. 8, 1990; 55 FR 39154, Sept. 25, 1990; 56 FR 27208, June 13, 1991; 57 FR 5235, Feb. 13, 1992)

Subpart 705.2—Synopsis of Proposed

Contract Actions 705.202 Exceptions. 705.207 Preparation and transmittal of cer

tain synopses. 705.502 Authority.

AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp., p. 435; 40 U.S.C. 474. 705.002 Policy.

(a) USAID's Office of Small and Disadvantaged Business Utilization maintains an USAID Consultant Registry Information System (ACRIS), which serves as a reference source and an indication of a prospective contractor's interest in performing USAID contracts. Prospective contractors are invited to file the appropriate form (Standard Forms 254/255, Architect-Engineer and Related Services Questionnaire; or USAID Form 1420–50, USAID Consultant Registry Information Sys. tem (ACRIS) Organization and Individual Profile) with USAID's Office of Small and Disadvantaged Business Utilization (Department of State, U.S. Agency for International Development, Washington, DC 20523–1414-Attention: Office of Small and Disadvantaged Business Utilization). These forms should be updated annually.

(b) USAID policy is to include all Commerce Business Daily Notices and solicitations on the Internet. (50 FR 40976, Oct. 8, 1985, and 50 FR 51396, Dec. 17, 1985, as amended at 52 FR 21058, June 4, 1987; 56 FR 2699, Jan. 24, 1991; 62 FR 40467, July 29, 1997)

705.207 Preparation and transmittal of

certain synopses. The responsible contracting officer shall notify USAID's Office of Small and Disadvantaged Business Utilization (OSDBU) at least seven business days before publicizing a solicitation in the Commerce Business Daily for an acquisition:

(a) Which is to be funded from amounts referred to in section 706.30271(a); and

(b) Which is expected to exceed $100,000. For exceptions, see 726.7005. (56 FR 27208, June 13, 1991, as amended at 62 FR 40467, July 29, 1997)

705.502 Authority.

(a) The MJOP Director, acting as head of the Agency under the authority of 701.601(a)(1), hereby authorizes USAID contracting officers to place paid advertisements and notices in newspapers and periodicals. Contracting officers shall document the contract file to reflect consideration of the requirements of (48 CFR) FAR 5.101(b)(4). (64 FR 5006, Feb. 2, 1999, as amended at 64 FR 42042, Aug. 3, 1999)

Subpart 705.2-Synopsis of Proposed Contract Actions

PART 706— COMPETITION

REQUIREMENTS

705.202 Exceptions.

(a) (Reserved]

(b) The head of the U.S. Agency for International Development has deter

Sec. 706.003 Definitions.

Subparts 706.1-706.2 [Reserved]

Subpart 706.3—Other Than Full and Open written determination, with supporting Competition

findings, that compliance with full and 706.302–5 Authorized or required by statute.

open competition procedures would im706.302–70 Impairment of foreign aid pro

pair foreign assistance objectives, and grams.

would be inconsistent with the fulfill706.302–71 Small disadvantaged businesses. ment of the foreign assistance pro706.303–1 Requirements.

gram; or

(ii) Awards for countries, regions, Subpart 706.5–Competition Advocates

projects, or programs for which the Ad706.501 Requirement.

ministrator of USAID makes a formal

written determination, with supporting AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163,

findings, that compliance with full and Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp.,

open competition procedures would imp. 435; 40 U.S.C. 474.

pair foreign assistance objectives, and

would be inconsistent with the fulfill706.003 Definitions.

ment of the foreign assistance proProcuring activity means “contracting

gram. activity”, as defined in 702.1703.

(4) Awards under AIDAR 715.370–1

(Title XII selection proceduregen(50 FR 40528, Oct. 4, 1985)

eral) or 715.370–2 (Title XII selection

procedure-collaborative assistance). Subparts 706.1-706.2 [Reserved]

(5) An award for the continued provi

sion of highly specialized services when Subpart 706.3—Other Than Full award to another resource would result and Open Competition

in substantial additional costs to the

government or would result in unac706.302–5 Authorized or required by ceptable delays. statute.

(c) Limitations. (1) Offers shall be reCertain annual appropriations acts quested from as many potential authorize USAID to contract with cer- offerors as is practicable under the cirtain disadvantaged enterprises using

cumstances. While the authority at other than full and open competition. 706.302–70(b)(5) is for use when the conThe provisions implementing this au- tracting officer determines that the inthority are set forth in 706.302–71 and cumbent contractor is the only pracpart 726.

ticable, potential offeror, the require(58 FR 8702, Feb. 17, 1993, as amended at 62

ment to publicize the intended award, FR 40467, July 29, 1997)

as required in FAR 5.201, still applies.

(2) The contract file must include ap706.302–70 Impairment of foreign aid propriate explanation and support jusprograms.

tifying the award without full and open (a) Authority. (1) Citation: 40 U.S.C. competition, as provided in FAR 6.303, 474.

except that determinations made under (2) Full and open competition need 706.302–70(b)(3) will not be subject to not be obtained when it would impair the requirement for contracting officer or otherwise have an adverse effect on certification or to approvals in accord programs conducted for the purposes of with FAR 6.304. foreign aid, relief, and rehabilitation. (3) The authority in 706.302–70(b)(3)(i)

(b) Application. This authority may shall be used only when no other aube used for:

thority provided in FAR 6.302 or (1) An award under section 636(a)(3) of AIDAR 706.302 is suitable. The specific the Foreign Assistance Act of 1961, as foreign assistance objective which amended, involving a personal services would be impaired must be identified contractor serving abroad;

and explained in the written deter(2) An award of $250,000 or less by an mination and finding. Prior consultaoverseas contracting activity;

tion with the Agency Competition Ad(3)(i) An award for which the Assist- vocate (see 706.501) is required before ant Administrator responsible for the executing the written determination project or program makes a formal and finding, and this consultation must

be reflected in the determination and finding.

(4) Use of the authority in 706.302 70(b)(5) for proposed follow-on amendments in excess of one year or over $250,000 is subject to the approval of the Agency Competition Advocate. For all other follow-on amendments using this authority, the contracting officer's certification required in FAR 6.303–2(a)(12) will serve as approval. [50 FR 40976, Oct. 8, 1985, and 50 FR 51395, Dec. 17, 1985, as amended at 54 FR 28069, July 5, 1989; 54 FR 46389, Nov. 3, 1989; 57 FR 5235, Feb. 13, 1992; 61 FR 39091, July 26, 1996; 62 FR 40467, July 29, 1997; 64 FR 42042, Aug. 3, 1999]

(2) Award of the acquisition to an eligible organization is appropriate to meet the requirement in paragraph (a)(2) of this section; and

(3) After considering whether the acquisition can be made under the authority of section 8(a), award under section 8(a) is not practicable.

(c) Limitations. (1) Offers shall be requested from as many potential offerors as is practicable under the circumstances.

(2) Use of this authority is not subject to the requirements in FAR 6.303 and FAR 6.304, provided that the contract file includes a certification by the contracting officer stating that the procurement is being awarded pursuant to 706.302–71 and that the application requirements and limitations of 706.302–71 (b) and (c) have been complied with.

(56 FR 27208, June 13, 1991, as amended at 58 FR 8702, Feb, 17, 1993; 61 FR 51235, Oct. 1, 1996; 62 FR 40467, July 29, 1997)

706.302–71 Small disadvantaged busi

nesses. (a) Authority. (1) Citations: Sec. 579, Pub. L. 101–167 (Fiscal Year (FY) 1990), Sec. 567, Pub. L. 101-513 (FY 1991), Sec. 567, Pbu. L. 102-145 (FY 1992), Sec. 562, Pub. L. 102–391 (FY 1993), Sec. 558, Pub. L. 103-87 (FY 1994), and Sec. 555, Pub. L. 103-306 (FY 1995).

(2) Except to the extent otherwise determined by the Administrator, not less than ten percent of the amounts made available through the appropriations cited in paragraph (a)(1) of this section for development assistance and for assistance for famine recovery and development in Africa shall be used only for activities of disadvantaged enterprises (as defined in 726.7002). In order to achieve its goal, USAID is authorized in the cited statutes to use other than full and open competition to award contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals (small disadvantaged businesses as defined in 726.7002), historically black colleges and universities, colleges and universities having a student body of which more than 40 percent of the students are Hispanic Americans, and private voluntary organizations which are controlled by individuals who are socially and economically disadvantaged, as the terms are defined in 726.7002.

(b) Application. This authority may be used only if the Agency determines in accordance with 726.7004 that:

(1) The acquisition is to be funded from amounts referred to in paragraph (a) of this section;

706.303–1 Requirements.

(a)-(C) (Reserved)

(d) USAID project procurements are generally not subject to the Trade Agreements Acts of 1979 (see 725.403 of this chapter). To the extent procurements are made under the authority of FAR 6.302–3(a)(2)(i) or FAR 6.302–7 with Operating Expenses (OE) Funds, the contracting Officer shall send a copy of the justification to the Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20506, ATTN: Director, International Procurement Policy. [50 FR 16086, Apr. 24, 1985)

Subpart 706.5-Competition

Advocates 706.501 Requirement.

The USAID Administrator delegated the authority to designate the agency competition advocate and a competition advocate for each agency procuring activity (see 706.003 of this part) to the M/OP Director. The M/OP Director, under the Administrator's delegation, has designated the M/OP Deputy Director for Policy, Evaluation and Support as the Agency's competition advocate and the deputy head of each contracting activity as the competition advocate for each activity. The competition advocate for M/OP is the Deputy Director for Operations. If there is no deputy, the head of the contracting activity is designated the competition advocate for that activity The competition advocate's duties may not be redelegated, but can be exercised by persons serving as acting deputy (or acting head) of the contracting activity. For definitions of contracting activity and head of contracting activity, see 702.170–3 and 702.170-10, respectively.

[59 FR 33446, June 29, 1994, as amended at 64 FR 5006, Feb. 2, 1999; 64 FR 42040, Aug. 3, 1999)

Subpart 709.5–Organizational

Conflicts of Interest 709.503 Waiver.

For purposes of approving waivers or further delegating the authority to approve waivers pursuant to FAR 9.503, the M/OP Director is the Agency head (see AIDAR 701.601(a)(1)). The M/OP Director hereby delegates the authority to approve waivers pursuant to FAR 9.503 to the heads of USAID contracting activities, as defined in AIDAR 702.170-10. [64 FR 42042, Aug. 3, 1999) 709.507-2 Contract clause.

(a)(b) (Reserved]

(c) In order to avoid problems from organizational conflicts of interest that may be discovered after award of a contract, the clause found at 752.209 71 shall be inserted in all contracts whenever the solicitation or resulting contract or both include a provision in accordance with (48 CFR) FAR 9.507-1, or a clause in accordance with (48 CFR) FAR 9.507–2, establishing a restraint on the contractor's eligibility for future contracts. (58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5006, Feb. 2, 1999)

PART 707—ACQUISITION

PLANNING

Subpart 707.1-Acquisition Plans

[Reserved]

PART 709–CONTRACTOR

QUALIFICATIONS

Sec.

Subpart 709.4-Debarment, Suspension

and Ineligibility

709.403 Definitions.

PART 711-DESCRIBING AGENCY

NEEDS

Subpart 709.5–Organizational Conflicts of

Interest

709.503 Waiver.
709.507—2 Contract clause.

AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435.

Sec. 711.002–70 Metric system waivers. 711.002–71 Solicitation provisions and con

tract clauses. AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435.

Subpart 709.4—Debarment,

Suspension and Ineligibility 709.403 Definitions.

Debarring official in USAID is the M OP Director.

Suspending official in USAID is the M/ OP Director. [62 FR 40467, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999)

711.002–70 Metric system waivers.

(a) Criteria. The FAR 11.002(b) requirement to use the metric system of measurement for specifications and quantitative data that are incorporated in or required by USAID contracts may be waived when USAID determines in writing that such usage is impractical or is likely to cause U.S. firms to experience significant inefficiencies or the loss of markets.

(b) Authorization. (1) The USAID Metric Executive (as designated in ADS chapter 323), the contracting officer, and the USAID official who approves the procurement requirement are authorized to waive the metric require ment for one of the above reasons. The USAID Metric Executive is authorized to overrule a decision to grant a waiver, or to nullify a blanket waiver made by another approving official so long as a contractor's rights under an executed contract are not infringed upon.

(2) A blanket waiver for a class of multiple transactions may be issued for a term not to exceed three years.

(3) When a waiver will be based upon the adverse impact on U.S. firms, clearance from the USAID Metric Executive and the Office of Small and Disadvantaged Business Utilization (SDB) will be obtained prior to authorization.

(c) Records and reporting. (1) The basis for each waiver and any plans to adapt similar requirements to metric specifications in future procurements should be documented in the contract file.

(2) Each procurement activity will maintain a log of the waivers from the metric requirements which are authorized for its procurements. The logs shall list the commodity/service being procured, total dollar value of the pro

cured item(s), waiver date, authorizing official, basis for waiver, and USAID actions that can promote metrication and lessen the need for future waivers.

(3) Within 30 days of the closing of each fiscal year, each USAID/W procurement activity and each Mission will submit a copy of the metric waiver log for the year to the USAID Metric Executive. (Mission logs are to be consolidated in a Mission report for the procurement activity and for the nonprocurement activities maintaining such logs under the USAID Metric Transition Plan.) Repetitive purchases of commercially produced and marketed items and classes of items may be consolidated in reporting procurements that do not exceed $10,000 cumulatively during the reporting period. (57 FR 23321, June 3, 1992, as amended at 59 FR 33446, June 29, 1994. Redesignated and amended at 61 FR 39091, July 26, 1996. Redesignated and amended at 62 FR 40467, July 29, 1997]

711.002–71 Solicitation provisions and

contract clauses. The contracting officer shall insert the clause at 752.211-70 in all USAID-direct solicitations and contracts. (57 FR 23321, June 3, 1992. Redesignated and amended at 61 FR 39091, July 26, 1996)

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