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CHAPTER 7–AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Part 7-1 General. 7-2 Procurement by formal advertising. 7-3 Procurement by negotiation. 7-4 Special types and methods of procurement. 7-5 Special and directed sources of supply. 7-6 Foreign purchases. 7-7 Contract clauses. 7-8 Termination of contracts. 7-10 Bonds and insurance. 7-12 Labor. 7-15 Contract cost principles and procedures. 7-16 Procurement forms. 7-17 Extraordinary contractual actions to facilitate the national defense. 7–30 Contract financing. 7–60 Contract appeal procedure.

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7–1.451-3

7-1.451-4

7-1.452 7-1.452–1 7–1.452-2 7-1.453 7-1.453-1 7-1.453-2

Designation of Contracting Offi

cers. AID/Washington procuring ac

tivities. Limitation on overseas field pro

curing activities. Contracting Officers. Authority. Responsibilities. Procurement policy. General. Assistant Administrator for Ma

terial Resources. Controller. General Counsel.

7-1.454 7-1.455

Subpart 7–1.1-Introduction Sec. 7-1.101 Purpose. 7-1.102 Authority. 7–1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procurement

Regulations System. 7-1.104-2 Internal. 7-1.104-3 Public. 7-1.104-4 AIDPR notices. 7-1.104-5 Responsibility. 7-1.105 Arrangement. 7-1.105-1 Citation. 7-1.106 Implementation within AID pro

curing activities. 7-1.107 Deviation.

Subpart 7-1.2-Definition of Terms 7-1.202 Executive agency. 7-1.204 Head of the agency. 7-1.205 Procuring activity. 7-1.206 Head of the procuring activity. 7-1.209 Procurement. 7-1.251 AID. 7-1.252 Administrator. 7-1.253 Assistant Administrator. 7–1.254 Borrower, grantee, borrower/

grantee. 7-1.255 Cooperating country. 7-1.256 Foreign Assistance Act. 7–1.257 Government, Federal, State,

local and political subdivi

sions. 7-1.258 Mission. 7-1.259 Overseas.

Subpart 7-1.3-General Policies 7-1.305 Specifications. 7-1.305-2 Exceptions to mandatory use of

Federal Specifications. 7-1.305-3 Deviations from Federal Specifi

cations. 7-1.306 Standards. 7-1.306-1 Mandatory use and application

of Federal Standards. 7–1.310 Responsible prospective Con

tractor. 7-1.310-7 Information regarding responsi

bility. 7-1.310-10 Performance records. 7-1.311 Priorities, allocations, and allot

ments. 7-1.313 Records of contract actions. 7-1.318 Contracting Officer's decision

under a disputes clause. Subpart 7-1.4-Procurement Responsibility and

Authority 7-1.400 Scope of subpart. 7-1.451 Procuring activities. 7-1.451-1 General.

Subpart 7-1.5—Contingent Fees 7-1.507 Use of Standard Form 119. 7-1.507-3 Exceptions. Subpart 7-1.6-Debarred, Suspended, and

Ineligible Bidders 7-1.600 Scope of subpart. 7-1.602 Establishment and mainte

nance of a list of firms or individuals debarred, suspended,

or declared ineligible. 7-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 7-1.604 Causes and conditions applicable

to determination of debar

ment by an executive agency. 7-1.605 Suspension of bidders. 7-1.605–2 Period and scope of suspension. 7-1.605-3 Restrictions during period of

suspension. 7-1.605–4 Notice of suspension. 7-1.606 Agency procedure.

Subpart 7-1.7—Small Business Concerns 7-1.702 Small business policies. 7–1.702–50 Additional AID policy. Subpart 7-1.10—Publicizing Procurement Actions 7-1.1001 General policy. 7-1.1003 Synopses of proposed procure

ments. 7-1.1003–2 General requirements. 7-1.1003–7 Preparation and transmittal.

AUTHORITY: The provisions of this part 7-1 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

SOURCE: The provisions of this part 7–1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.

Subpart 7-1.1-Introduction § 7-1.101 Purpose.

This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and

procedures for the procurement of serv

§ 7-1.104_3 Public. ices and personal property by the Agency for International Development (AID).

Those parts of AIDPR which contain

basic and significant policies and proce§ 7-1.102 Authority.

dures considered to be of interest to the AIDPR is prepared by the Assistant

general public will be published in the Administrator for Material Resources by

daily issues of the FEDERAL REGISTER and, direction of the Administrator of AID

in cumulated form, in the Code of Fedpursuant to the Foreign Assistance Act eral Regulations. Copies of AIDPR in of 1961, complies with the Federal Pro

FEDERAL REGISTER and Code of Federal curement Regulations System, and im

Regulations form may be purchased from plements and supplements the Federal

the Superintendent of Documents, GovProcurement Regulaticus (FPR). See

ernment Printing Office, Washington, FPR 1-1.0.

D.C., 20402. 7-1.103 Applicability.

§ 7-1.104–4 AIDPR notices. Unless a deviation is specifically au

AIDPR notices will be used to promulthorized in accord with AIDPR 7-1.107,

gate temporary, interim, and emergency or unless otherwise provided, FPR and

procurement instructions. Such notices AIDPR apply to all procurements (re

will be prepared by the Assistant Admingardless of currency of payment) of per

istrator for Material Resources. sonal property and non-personal serv- $ 7-1.104—5 Responsibility. ices to which AID is a direct party. This regulation does not apply to pro

Responsibility for the development

and maintenance of AIDPR is assigned curements by other parties, such as bor

to the Assistant Administrator for Marowers and grantees, which are financed

terial Resources and, under him, to the under programs administered in whole

Associate Assistant Administrator for or part by AID, nor to contracts entered

Material Resources (Procurement) or into jointly by AID and the borrower or

such other officer as the Assistant Adgrantee to make a procurement from a

ministrator may designate. third source for an overseas program or

Amend

ments and revisions will be prepared in activity.

coordination with the heads of AID/ $ 7–1.104 Issuance.

Washington procuring activities, the $ 7–1.104–1 Relation to Federal Pro

General Counsel, and such other offices curement Regulations System.

as may be appropriate. (a) The Federal Procurement Regula

87-1.105 Arrangement. tions System brings together, in Title 41 § 7-1.105-1 Citation. of the Code of Federal Regulations, the

Any section of AIDPR may be identiprocurement regulations that apply to

fied by “AIDPR” followed by the secall civilian agencies of the Government.

tion number. Only those sections of the 1 PR is Chapter 1 of Title 41. AIDPR is

regulations which have been published in Chapter 7.

the FEDERAL REGISTER may properly be (b) FPR will be divided into 49 parts, and Parts 1 through 49 of AIDPR will

incorporated in contracts by reference.

In such references, the sections may be expand upon or modify the policies and

cited as “41 CFR” followed by the secprocedures included in FPR. Material

tion number, as “41 CFR 7-1.105-1”. issued in the first 49 parts of AIDPR will be numerically keyed to the correspond- $ 7-1.106 Implementation within AID ing sections of FPR. Parts 50 through procuring activities. 99 of AIDPR will be used for procurement The heads of the various AID procurpolicies and procedures for which FPR

ing activities may issue operating inhas or is not expected to have a counter

structions and procedures consistent part. See FPR 1-1.0.

with FPE, AIDPR, and other Agency 87-1.104–2 Internal.

regulations, policies, and procedures for

application within their organizations. AIDPR will be published in loose-leaf

One copy of each such issuance shall be form for internal distribution.

forwarded to the Associate Assistant Ad

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ministrator for Material Resources (Procurement). Insofar as possible, such material will be numerically keyed to the AIDPR. § 7-1.107 Deviation.

(a) Deviation (as defined in FPR 11.009–1) from the FPR and AIDPR shall be controlled as follows:

(b) Requests for deviation may be initiated by the heads of AID contract of. fices. Such requests will cite the specific part or section of FPR or AIDPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons why such action is considered necessary or desirable. Requests shall be submitted, subject to such clearances and approvals as may be required by the procuring activity, to the Associate Assistant Administrator for Material Resources (Procurement) for comment.

(c) Assistant Administrators with cognizance over the procuring activities, including one principal deputy designated by each, may approve deviations. Approval will be granted only when exceptional and special circumstances indicate that such action is clearly in the best interest of the Government. A record of the nature of each such deviation, the justification for it, and the approval will be included in the contract file. A copy of such record will be forwarded without delay to the Associate Assistant Administrator for Material Resources (Procurement), who is responsible for maintaining a central record of all deviations that are granted.

§ 7–1.206 Head of the procuring activ

ity. The heads of the procuring activities within AID are the Assistant Administrators in charge of regional bureaus, the U.S. Coordinator and the Deputy U.S. Coordinator for the Alliance for Progress, the Assistant Administrator for Administration, the Assistant Administrator for Material Resources, and mission directors or other officers in charge of overseas field activities with procurement authority. § 7-1.209 Procurement.

"Procurement" excludes contracts made by or in the name of an AID borrower or grantee. $ 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. § 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.

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. 87-1.204 Head of the agency.

“Head of the agency" means, for AID, the Administrator, Deputy Administrator, Assistant Administrator for Administration, Assistant Administrator for Material Resources, the Assistant Administrators in charge of regional

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which fall within the exceptions described in AIDPR 7-1.305–2 as well as in FPR 1-1.305-2.

$ 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. § 7-1.258 Mission.

"Mission" means the AID mission or the principal AID office or representative (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by AID. § 7-1.259 Overseas.

"Overseas” means outside the United States, its possessions, and Puerto Rico.

Subpart 7-1.3-General Policies § 7-1.305 Specifications.

Section 1414 of the AID Manual tells the Missions about sources of information and assistance on specifications and standards. § 7-1.305–2 Exceptions to mandatory

use of Federal Specifications. In addition to the exceptions stated in FPR 1-1.305–2, Federal Specifications need not be used if their use is not consistent with conditions or program objectives in a cooperating country. $ 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 Assistant Administrator for Material Resources (Procurement) 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

§ 7-1.306 Standards.

Section 1414 of the AID Manual tells the Missions about sources of information and assistance on specifications and standards. § 7-1.306-1 Mandatory use and appli

cation of Federal Standards. The exception stated in AIDPR 71.305–2 is also applicable for Federal Standards. Exceptions other than those stated in FPR 1-1.305–2 and AIDPR 7-1.305-2 will be treated within AID in the same manner as deviations from Federal Specifications. § 7-1.310 Responsible prospective Con

tractor. § 7-1.310–7 Information regarding re

sponsibility. The Office of Material Resources and the Office of the Controller will assist Contracting Officers, as requested, in developing and evaluating pertinent information. § 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 Material Resources, who will maintain central records of Contractor past performance. § 7-1.311 Priorities, allocations, and al

lotments. The program referred to in FPR 11.311 is not generally applicable to AID procurement. § 7-1.313 Records of contract actions.

An Individual Procurement Action Report (IPAR) form shall be used both as a record for the contract file and as a report of statistical information for each contract and amendment issued by AID/W for the procurement of services or of services and personal property. (See illustration of form in AIDPR 7-16.)

§ 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

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