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before a decision is issued. There are contracts for which AID has administrative responsibility which designate an official other than the Contracting Officer to make the decision. In such cases, the decision must be made by the designated officer, or the legal successor to the office, unless the contract is modified to provide for a decision by the Contracting Officer. The AID contract appeal procedure is in Part 7-60 of AIDPR. The paragraph set forth in FPR 1-1.318 may be modified, as appropriate, with the title “Administrator" inserted in the blank space, unless the right of appeal is to an officer other than the Administrator. Subpart 7-1.4 Procurement Respon
sibility and Authority $ 7-1.400 Scope of subpart.
This subpart describes the procurement responsibilities and authorities in AID. § 7-1.451 Procuring activities. § 7-1.451-1 General.
Except as otherwise prescribed, the head of each procuring activity (as defined in AIDPR 7–1.206) is responsible for the procurement of sur ies 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 7-1.106. § 7-1.451-2 Designation of Contracting
Officers. T'he 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 Assistant Administrator for Material Resources and to the Assistant Administrator for Administration, each of whom will keep a current record of all officers and individuals authorized to act as AID Contracting Officers.
$ 7–1.451–3 AID/Washington procur.
ing activities. The procuring activities located in Washington are the regional bureaus, the General Services Division, and the Contract Services Division. Subject to delegations of authority from the Administrator, the regional bureaus are responsible for procurement related to programs and activities for their areas. There are 4 regional bureaus. The regions for which they are responsible are: Near East-South Asia, Africa, Far East, and Latin America. They are headed by Assistant Administrators of AID (For the purpose of AIDPR, the Bureau for Latin America is headed by the U.S. Coordinator and the Deputy U.S. Coordinator of the Alliance for Progress.) The General Services Division, which is under the Assistant Administrator for Administration, carries out administrative and program support procurements. The Contract Services Division, which is under the Assistant Administrator for Material Resources, carries out all other procurements which do not fall within the responsibility of the other procuring activities or which are otherwise assigned to it, including programs for which the Office of Technical Cooperation and Research has responsibility. General delegations to AID/Washington procuring activities are published in the FEDERAL REGISTER and in chapter 100 of the AID Manual. § 7-1.451-4. Limitation on
field procuring activities. Missions (as defined in AIDPR 71.258) are overseas procuring activities. Their authority, except in the case of contracts with individuals for the seryices of the individual alone, is limited to contracts which, with amendments, do not involve AID financing above $25,000 (in dollars or equivalent). Where circumstances warrant, this limitation may be waived by the Assistant Administrator in charge of a regional bureau, or his designate, who will formally notify the Assistant Administrator for Material Resources and the Assistant Administrator for Administration of such waivers (and their recision) and will furnish to them a copy of each waiver with the regional Assistant Administrator's, or his delegate's, written finding that the affected overseas field
procuring activity possesses the neces- fiscal services required in connection sary skills to exercise properly the au- with AID procurement. thority granted.
$ 7-1.455 General Counsel. $ 7-1.452 Contracting Officers.
The General Counsel is responsible for $ 7-1.452-1 Authority.
provision of necessary legal services in Within the limits of delegations and
connection with AID procurement. designations, Contracting Officers are au- Subpart 7–1.5—Contingent Fees thorized to negotiate, execute, amend, terminate, and take other actions with
8 7-1.507 Use of Standard Form 119. respect to contracts.
$ 7-1.507–3 Exceptions. § 7–1.452–2 Responsibilities.
The exception stated in FPR 1-1.507–
3(f) for contracts to be made in foreign Contracting Officers will personally
countries will not be used. sign all contractual documents for which they are responsible. They are respon- Subpart 7-1.6-Debarred, Sussible for their acts as Contracting Officers pended, and ineligible Bidders and must assure themselves that actions proposed to be taken by them are author- § 7-1.600 Scope of subpart. ized by law and conform to the applicable See also AID Regulation 8, which is authorizing documents, that funds are published as Part 208 of Title 22 of the available, that all required clearances and Code of Federal Regulations and is also approvals are obtained, and that their
set out as AID Manual Order 1414.13. actual authority encompasses all of their Regulation 8 applies to certain transundertakings.
actions financed by AID which do not $ 7-1.453 Procurement policy.
fall within the coverage of AIDPR as
described in AIDPR 7-1.103. The terms § 7-1.453–1 General.
of actions taken against suppliers under AID places the greatest possible au- Regulation 8 will be applied to those supthority to procure and to set policy and pliers with respect to procurements standards for procurement in the Assist- covered by AIDPR. ant Administrators who are responsible
$ 7-1.602 Establishment and maintefor operations. At the same time, AID
nance of a list of firms or individuals follows procurement policies and prac
debarred, suspended, or declared intices generally established in Government
eligible. procurement except as they are not adapted to the special needs of the For- The Associate Assistant Administrator eign Assistance program or AID's staffing
for Material Resources (Procurement) structure.
will establish and maintain the con
solidated list required by FPR 1-1.602. § 7-1.453–2 Assistant Administrator for Material Resources.
§ 7-1.602-1 Bases for entry on the de
barred, suspended, and ineligible list. Within the principles stated above, and subject to the direction of the Adminis
Persons named on the "List of Intrator, the Assistant Administrator for eligible Suppliers" established by RegulaMaterial Resources is responsible for the
tion 8 will also be included on the condevelopment and maintenance of neces- solidated list required by FPR 1-1.602. sary uniform procurement policies, pro
The basis for so including debarred firms cedures, and standards; for providing as
is FPR 1-1.602-1(d). The basis for so sistance to the procuring activities as ap
including suspended firms is FPR 1propriate; for keeping the Administrator 1.602-1(f). The consolidated list will and Executive Staff fully informed on
indicate that the firm is included because procurement matters which should be it is on the Regulation 8 list. brought to their attention; and for mak
$ 7-1.604 Causes and conditions appliing recommendations as appropriate.
cable to determination of debarment $ 7-1.454 Controller.
by an executive agency. The Controller of AID is responsible
With reference to FPR 1-1.604(b) (1) for the provision of necessary financial
and FPR 1-1.604(c) (1), authority to apadvisory, audit, disbursement, and other prove, remove, or reduce the period of de
barment is limited to the Administrator, Deputy Administrator, and Assistant Administrator for Material Resources. $ 7-1.605 Suspension of bidders. § 7-1.605–2 Period and scope of sus
pension. Suppliers suspended because they have been suspended under Regulation 8 will remain suspended for the period that their Regulation 8 suspension is in effect. § 7-1.605–3 Restrictions during period
of suspension. Determinations called for under FPR 1-1.605–3(a) will be made by the Administrator, by the Deputy Administrator, or by the Assistant Administrator for Material Resources or an officer designated by him. $ 7-1.605—4 Notice of suspension.
Inquiries concerning suspended Contractors will be referred to the Assistant Administrator for Material Resources. § 7-1.606 Agency procedure.
The Assistant Administrator for Material Resources is designated to act for AID and to furnish information as provided in FPR 1-1.606 (b), (c), (d), (e), and (f). Subpart 7-1.7—Small Business
Concerns $ 7–1.702 Small business policies. $ 7-1.702–50 Additional AID policy.
Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of the Foreign Assistance Act, AID assists United States small business to participate equitably in the furnishing of supplies and services for Foreign Assistance activities: (1) by causing information to be made available to suppliers in the United States, and particularly small independent enterprises, as far in advance as possible, with respect to purchases for such activities (see AIDPR 7-1.1001); (2) by causing information to be made available to prospective purchasers in cooperating countries about supplies and services produced by small independent enterprises in the United States; and (3) by providing for additional services to give small business better opportunities to participate in the furnishing of supplies and
services for Foreign Assistance activities. The Special Assistant for Small Business, who heads the AID Office of Small Business, coordinates AID's efforts to assist small business. Subpart 7-1.10
Publicizing Procurement Actions § 7-1.1001 General policy.
(a) Section 602 of the Foreign Assistance Act dictates that, to the greatest extent practicable and consistent with the purposes of the Act, information about purchases to be financed under the Act will be made available as far in advance as possible to suppliers in the United States, particularly small independent enterprises.
(b) To carry out this mandate, as well as the purposes stated in FPR 1-1.1001, AID seeks maximum practicable publicity for its procurements through the “Department of Commerce Synopsis" and other media, including publications issued by the AID Office of Small Business. $ 7–1.1003 Synopses of proposed pro
curements. § 7-1.1003–2 General requirements.
The exemption stated in FPR 1-1.10032(a) (7) for personal or professional services may be used only with respect to (1) procurements of personal services; (2) procurements of professional services which do not exceed $25,000; (3) procurements of professional services made on a sole source basis under which subcontracting or purchasing by the Contractor will not exceed $5,000; and (4) procurements of professional services with respect to which a Contracting Officer finds and states his supporting reasons in writing that such publication is not in the best interest of the Government, taking into consideration the policies stated in FPR 1-1.1001 and AIDPR 7-1.1001. § 7-1.1003–7 Preparation and transmit.
tal. (a) The notice should state if the procurement will be limited to commercial sources or not. Language substantially as follows should be used as appropriate: "Procurement will be limited to commercial sources" or “Noncommerical, non Federal sources are not excluded from consideration”.
(b) Notices of sole source procurements may be provided substantially as follows:
(1) For unsolicited proposals:
Negotiations will be conducted with (Name and address of firm) for (Description of articles or services) on the basis of an unsolicited proposal submitted by this firm. This notice is issued for the information of prospective subcontractors.
(2) For other sole source procurements:
Negotiations will be conducted with (Name and address of firm) for (Description of articles or services). This notice is issued for the information of prospective subcontractors. No RFP is available.
PART 7-2-PROCUREMENT BY
FORMAL ADVERTISING Subpart 7–2.4-Opening of Bids and Award of
Contract Sec. 7–2.406-3 Other mistakes disclosed before
award. 7–2.406-4 Disclosure of mistakes after
award. 7-2.407 Award. 7–2.407–6 Equal low bids.
AUTHORITY: The provisions of this part 7-2 issued under sec. 621, 75 Stat. 445, amended; 22 U.S.C. 2381.
SOURCE: The provisions of this Part 7-2 appear at 30 F.R. 12971, Oct. 12, 1965, unless otherwise noted. Subpart 7-2.4—Opening of Bids and
Award of Contract $ 7–2.406–3 Other mistakes disclosed
before award. The Assistant Administrator for Material Resources is the designated central authority to make the determinations described in FPR 1–2.406–3. § 7-2.406–4 Disclosure of mistakes after
award. The Assistant Administrator for Material Resources is the designated central authority to make the determinations described in FPR 1–2.406–4. § 7-2.407 Award. § 7-2.407–6 Equal low bids.
FPR 1-2.407-6 does not apply to procurements by overseas procuring activities when equal low bids are submitted by foreign suppliers and the contract is to be performed outside the United States, its possessions, and Puerto Rico.