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CHAPTER 7AGENCY FOR INTERNATIONAL

DEVELOPMENT

EDITORIAL NOTE: Nomenclature changes to chapter 7 appear at 62 FR 40466, July 29, 1997, and corrected at 62 FR 45334, August 27, 1997.

SUBCHAPTER A-GENERAL

Part

701

702 703

Federal Acquisition Regulation System .........
Definitions of words and terms
Improper business practices and personal conflicts

of interest ........
Administrative matters ........

704

705 706 707

SUBCHAPTER B-ACQUISITION PLANNING
Publicizing contract actions
Competition requirements
Acquisition planning ......
Contractor qualifications

........
Describing agency needs

........

709 711

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Small business programs .........
Application of labor laws to government acquisi-

tion
Protection of privacy and freedom of information
Foreign acquisition

Other socioeconomic programs .........
SUBCHAPTER E-GENERAL CONTRACTING REQUIREMENTS

Bonds and insurance

726

728

732

747

731 Contract cost principles and procedures .................

Contract financing ........ 733 Protests, disputes, and appeals ..........

SUBCHAPTER F-SPECIAL CATEGORIES OF CONTRACTING 734 Major system acquisition ......... 736 Construction and architect-engineer contracts ...... 737 [Reserved)

SUBCHAPTER G_CONTRACT MANAGEMENT 742 Contract administration 745 Government property .........

Transportation .......... 749 Termination of contracts .......... 750 Extraordinary contractual actions ...........

SUBCHAPTER 1-CLAUSES AND FORMS
752 Solicitation provisions and contract clauses ..........
753

Forms ...............
APPENDICES A-C TO CHAPTER 7 (RESERVED)
APPENDIX D TO CHAPTER 7-DIRECT USAID CONTRACTS WITH

A U.S. CITIZEN OR A U.S. RESIDENT ALIEN FOR PERSONAL

SERVICES ABROAD
APPENDIX E TO CHAPTER 7 (RESERVED]
APPENDIX F TO CHAPTER 7–USE OF COLLABORATIVE ASSIST-

ANCE METHOD FOR TITLE XII ACTIVITIES .....
APPENDICES G-H TO CHAPTER 7 (RESERVED)
APPENDIX I TO CHAPTER 7–USAID'S ACADEMIC PUBLICATION

POLICY ...............
APPENDIX J TO CHAPTER 7-DIRECT USAID CONTRACTS WITH

A COOPERATING COUNTRY NATIONAL AND WITH A THIRD
COUNTRY NATIONAL FOR PERSONAL SERVICES ABROAD .........

.......

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reducing the burden, to: U.S. Agency curing offices may apply the Departfor International (USAID), Office of ment of State Acquisition Regulation Procurement, Policy Division (M/OPI (48 CFR chapter 6) for all administraP), Room 7.08-082U, 1300 Pennsylvania tive and technical support contracts Avenue, N.W. Washington, D.C. 20523

except in defined areas. The Office of 7801; and Office of Management and Administrative Services will furnish Budget (OMB), Paperwork Reduction

the defined areas and administrative Project (0412-0520), Washington, D.C.

guidelines for procurement to the over20503.

seas Missions. Administrative and local [59 FR 33445, June 29, 1994, as amended at 61 support services include the procureFR 39090, July 26, 1996; 62 FR 40466, July 29, ment accountability, maintenance and 1997; 64 FR 16648, Apr. 6, 1999)

disposal of all office and residential

equipment and furnishings, vehicles Subpart 701.3—U.S. Agency for

and expendable supplies purchased with International Development administrative and/or technical supAcquisition Regulation

port funds, either dollars or local cur

rency. SOURCE: 64 FR 42040, Aug. 3, 1999, unless otherwise noted.

701.303 Publication and codification. 701.301 Policy.

(a) The AIDAR is USAID's Acquisi

tion Regulation supplementing the (a) Responsibility. Subject to the di- FAR (48 CFR chapter 1) and is pubrection of the Administrator, the Di lished as chapter 7 of Title 48, Code of rector, Office of Procurement (“M/OP

Federal Regulations. AIDAR Circulars Director”) is responsible for:

shall be used to promulgate changes to (1) Developing and maintaining nec

the AIDAR and shall be published in essary uniform procurement policies,

compliance with (48 CFR) FAR part 1. procedures, and standards;

(b) Appendices. Significant procure(2) Providing assistance to the contracting activities as appropriate;

ment policies and procedures that do

not correspond to or conveniently fit (3) Keeping the Administrator and Executive Staff fully informed on pro

into the FAR system described in FAR curement matters which should be

1.1 and 1.303 may be published as Apbrought to their attention; and

pendices to the AIDAR. Appendices fol(4) All agency head duties and au

low the main text of the AIDAR in a thorities stated in (48 CFR) FAR sub

section entitled “Appendices to Chappart 1.3. in accordance with (48 CFR) ter 7" and contain a table of contents AIDAR 701.601. These responsibilities and the individ

and the individual appendices identiinclude but are not limited to devel- fied by letter and subject title (e.g., oping, issuing, and maintaining the “Appendix D-Direct USAID Contracts USAID Acquisition Regulation with a U.S. Citizen or a U.S. Resident (AIDAR”, 48 CFR chapter 7), USAID's Alien for Personal Services Abroad''). supplement to the Federal Acquisition (c) Only the MOP Director has the Regulation (48 CFR Chapter 1), in co authority to issue internal agency ordination with the General counsel guidance applicable to all agency conand such other offices as may be appro tracts. The heads of the various USAID priate.

contracting activities (see subparts (b) Applicability. (1) Unless a devi

701.6 and 702.10) may issue operating ination is specifically authorized in ac

structions and procedures consistent cordance with subpart 701.4, or unless

with the FAR, AIDAR, and other Agenotherwise provided, the FAR and

cy regulations, policies, and procedures AIDAR apply to all contracts (regard

for application within their organizaless of currency of payment, or wheth

tions. One copy of each such issuance er funds are appropriated or non-appro

shall be forwarded to the Office of Propriated) to which USAID is a direct

curement, Policy Division (M/OP/POL). party. (2) At Missions where joint adminis

Insofar as possible, such material will trative services are arranged. pro- be numerically keyed to the AIDAR.

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Subpart 701.4-Deviations from (3) Coordination with the Office of the FAR or AIDAR

General Counsel, as appropriate, should

also be effected prior to approval of a 701.402 Policy.

deviation by the head of the conIt is the policy of USAID that devi

tracting activity.

(b) Class deviations from the FAR or ation from the mandatory requirements of the FAR and AIDAR shall be

AIDAR: Class deviations are those kept at a minimum and be granted

which affect more than one contract or only if it is essential to effect nec

contractor. essary procurement and when special

(1) Class deviations from the AIDAR and exceptional circumstances make

will be processed in the same manner such deviation clearly in the best in

as prescribed in paragraph (a) of this terest of the Government.

section. Individual heads of con

tracting activities have authority to 701.470 Procedure.

approve class deviations affecting only (a) Deviation from the FAR or

contracts within their own contracting AIDAR affecting one contract or trans

activities, except that the Director, M/ action.

OP, has authority to approve class de(1) Deviations which affect only one

viations that affect more than one concontract or procurement will be made

tracting activity. only after prior approval by the head of

(2) Class deviations from the FAR the contracting activity. Deviation re

shall be considered jointly by USAID quests containing the information listed in paragraph (c) of this section shall Agency Acquisition Council (C/CAAC) be submitted sufficiently in advance of

(FAR 1.404) unless, in the judgement of the effective date of such deviation to

the head of the contracting activity, allow adequate time for consideration

after due consideration of the objective and evaluation by the head of the con

of uniformity, circumstances preclude tracting activity.

such consultation. The head of the con(2) Requests for such deviations may

tracting activity shall certify on the be initiated by the responsible USAID

face of the deviation the reason for not contracting officer who shall obtain coordinating with the C/CAAC. In such clearance and approvals as may be re cases, the M/OP/P, shall be responsible quired by the head of the contracting for notifying the C/CAAC of the class activity. Prior to submission of the de- deviation. viation request to the head of the con- (3) Class deviations from the FAR tracting activity for approval, the con- shall be processed as follows: tracting officer shall obtain written (i) The request shall be processed in comments from the Office of Procure the same manner as paragraph (a) of ment, Policy Division (M/OP/P), here- this section, except that the M/OP/P, inafter referred to as “M/OP/P”. The M shall be allowed 15 working days prior OP/P shall normally be allowed 10 to the submission of the deviation reworking days prior to the submission quest to the head of the contracting acof the deviation request to the head of tivity to effect the necessary coordinathe contracting activity to review the tion with the C/CAAC and to submit request and to submit comments. If the comments. If the exigency of the situaexigency of the situation requires more tion requires more immediate action, immediate action, the requesting office the requesting office may arrange with may arrange with the MOP/P for a the M/OP/P for a shorter review and coshorter review period. In addition to a ordination period. The comments of copy of the deviation request, the M the C/CAAC and the M/OP/P shall be OP/P shall be furnished any back- made a part of the deviation request ground or historical data which will file which is forwarded to the head of contribute to a more complete under the contracting activity standing of the deviation. The com (ii) The request shall be processed in ments of the M/OP/P shall be made a the same manner as paragraph (a) of part of the deviation request file which this section if the request is not being is forwarded to the head of the con- jointly considered by USAID and the C/ tracting activity.

CAAC.

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