tion of the work under this Contract that (1) all classified or administratively designated information which was in his possession during the performance of the Contract has been disposed of in accordance with existing DOD and/or AID security requirements, or (2) no classified or administratively designated information came into his possession or any of his employees' possession during the performance of the Contract. [32 F.R. 8470, June 14, 1967, as amended at 34 F.R. 259, Jan. 8, 1969; 34 FR. 7077, Apr. 30, 1969; 34 F.R. 18753, Nov. 22, 1969; 35 F.R. 3809, Feb. 27, 1970; 35 F.R. 7970, May 23, 1970; 35 F.R. 11398, July 16, 1970; 36 F.R. 23560, Dec. 10, 1971] § 7-16.955 Form for Offeror's Analysis of Cost Proposal. INSTRUCTIONS TO OFFERORS 1. The "Offeror's Analysis of Cost Proposal" form is a standardized document which an offeror must submit to the Agency for International Development (A.I.D.) in connection with all negotiated procurements. (See AIDPR 7-3.807.2(c).) 2. Use of this form is mandatory, unless the Contracting Officer waives this requirement in writing. Where a particular cost element is not appropriate for the procurement, indicate "Not Applicable" or "NA" on the form. 3. The offeror must also submit the supplementary data as detailed in the footnotes on the reverse side. 4. By submission of this proposal, the offeror grants to the Contracting Officer or his authorized representative, the right to examine, for the purpose of verifying the cost or pricing data submitted, those books, records, documents, and other supporting data which will permit adequate evaluation of such cost or pricing data, together with the computations and projections used therein. This right may be exercised in connection with any negotiations prior to contract award. 5. The "Notes" on the reverse side, in addition to detailing the required supplemental data, provide information which will be of use in completing the "Cost Proposal" below. [34 F.R. 76, Jan. 3, 1969, as amended at 35 F.R. 11398, July 16, 1970] § 7-16.956-2 Task Order for Participant Training (Individual). AID Form 1420-29-Task Order for Participant Training (Individual) filed as part of the original document. [35 F.R. 11398, July 17, 1970] § 7-16.956-3 Task Order for Participant Training (Group). AID Form 1420-30-Task Order for Participant Training (Group) filed as part of the original document. [35 F.R. 11398, July 17, 1970] § 7-16.957-1 Cover page for Contract for Participant Training (Individual). AID Form 1420-31-Contract for Participant Training (Individual) filed as part of the original document. [35 F.R. 11398, July 17, 1970] § 7-16.957-2 Cover page for Contract for Participant Training (Group). AID Form 1420-32-Contract for Participant Training (Group) filed as part of the original document. [35 F.R. 11398, July 17, 1970] § 7-16.956-1 Cover page for Basic Ordering Agreement (Participant 7-30.407 The Act of August 20, 1968, Public Law 85-804-Formally advertised contracts. Findings, determinations, and authorization. AUTHORITY: The provisions of this Part 7-30 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-30 appear at 34 F.R. 18754, Nov. 22, 1969, unless otherwise noted. Subpart 7-30.4-Advance Payments § 7-30.400 Scope of subpart. References to nonprofit contracts with nonprofit educational or research institutions for experimental, research and development work, include nonprofit contracts with nonprofit institutions, including international organizations, for technical assistance services provided to or for another country. § 7-30.403 Interest. Rates of interest may be fixed by heads of procuring activities. § 7-30.405 Statutory authorities. Section 635(b) of the Foreign Assistance Act and Executive Order 11223, May 12, 1955, 30 F.R. 6635, permit the making of advance payments with respect to functions authorized by the Foreign Assistance Act. Advance payments may also be made under section 305 of the Property Act, which provides authority, not otherwise available to AID, to take a paramount lien. (See § 7-30.410.) § 7-30.406 Responsibility of authority. delegation (a) The Agency head includes the officers who are included in the definition of "Head of the Agency" set forth in AIDPR 7-1.204. The authority of the Agency head may be delegated by him to the heads of procuring activities. The authority to make the required determi nation and findings may be delegated to the Chiefs of Contracting Offices with respect to nonprofit contracts with nonprofit educational or research institutions, including international organizations. (b) Prior to committing the Government to the making of an advance payment, whether by issuance of a Federal Reserve Letter of Credit or otherwise, the Contracting Officer shall obtain the advice and concurrence of the AID Controller (C/FRD). If the Controller supplies negative advice and the Contracting Officer does not agree, the Contracting Officer shall refer the matter for a decision to the head of the procuring activity. The decision by the head of the procuring activity is considered final. [34 F.R. 18754, Nov. 22, 1969, as amended at 36 F.R. 23561, Dec. 10, 1971] EFFECTIVE DATE NOTE: The nomenclature amendment to (b) at 36 F.R. 23561 is effective 90 days after publication. § 7-30.407 The Act of August 28, 1968, Public Law 85-804-Formally advertised contracts. The Act referred to does not apply to AID. § 7-30.410 Findings, determinations, and authorization. (a) Except as provided in paragraph (b) of this section, the authorities to be cited for advance payments under AID contracts are section 635(b) of the Foreign Assistance Act of 1961, as amended, and Executive Order 11223. (b) Section 305 of the Federal Property and Administrative Services Act of 1949, as amended, should also be cited as authority in those cases in which the Contracting Officer determines that the security for advance payments should be in the form of liens in favor of the Government, paramount to all other liens, on (1) the property contracted for, (2) the balance in the account in which such advance payments are deposited, or (3) property acquired for the performance of the contract. § 7-30.413 Security, supervision, cove nants. The deposit of advances of funds into special bank accounts will not be required for advance payments provided under AID direct contracts with State and local governments in the United States. § 7-30.45 Federal Reserve Letter of Credit method of disbursing advances to nonprofit institutions. § 7-30.4500 Scope and applicability. The Federal Reserve Letter of Credit, Standard Form 1193, is used to provide advances of funds under AID direct contracts with State and local governments in the United States and with educational and other nonprofit institutions, including international organizations, The Federal Reserve Letter of Credit method shall not apply unless (a) the Agency has, or expects to have, a continuing relationship of at least 1 year with a recipient organization; and (b) the annual amount required for advance financing will be at least $250,000. Documents drawing on Federal Reserve Letters of Credit, e.g., payment vouchers (Form TUS 5401) ordinarily will not be in amounts less than $10,000 or more than $1 million, but within the dollar ceiling on monthly or quarterly drawings specified in the contract. Normally the amount drawn down, including unexpended amounts previously drawn down, will not exceed $10,000 by more than the anticipated amount by which expenditures will exceed $10,000 during the 7 calendar days following the date of submission of such payment. § 7-30.4501 Guidelines for use of the Federal Reserve Letter of Credit. In authorizing advance payments under the Federal Reserve Letter of Credit procedures, the Contracting Officer shall be guided by the following considerations: (a) The cost principles contained in FPR 1-15 and AIDPF 7-15 should not be incorporated in the Federal Reserve Letter of Credit. (b) The Federal Reserve Letter of Credit language given in § 7-30.4502 should be modified to the extent necessary to adapt its payment provisions to those of the contract for which it provides advances. (c) Federal Reserve Letter of Credit provisions incorporated into a contract shall not, in any way, alter or eliminate any fiscal reporting requirements contained in the contract. (d) Contracts should require such security for funds advanced as may be considered appropriate for the protection of the Government under the circumstances of each case, as set forth in FPR 1-30.413 and AIDPR 7-30.413. (e) Manual Order 789.1, "Federal Reserve Letter of Credit Method of Disbursing Advances to Nonprofit Institutions", sets forth internal AID procedures for issuing the Federal Reserve Letter of Credit. § 7-30.4501-1 Special provisions in a Federal Reserve Letter of Credit. (a) Subadvances (i.e., advances by the contractor to subcontractors) may be authorized under prime contracts with universities or other nonprofit organizations subject to the requirements of FPR 1-30.414-2(q). (b) The salary, commissions and bonus provision in FPR 1-30.414-2(r) may also be included in Federal Reserve Letter of Credit provisions, modified as appropriate. This provision will normally be used in contracts with nonprofit organizations which are not educational institutions. (c) Provisions, such as a limitation on the amount which may be drawn during a specified period, a limitation on the forward period for which an advance may be requested (see Treasury Circular 1075) or a limitation in the rate of disbursements, may be incorporated in the Federal Reserve Letter of Credit. § 7-30.4501-2 Procedure to establish Federal Reserve Letter of Credit. When an advance of funds to finance a contract is required and the Contracting Officer decides that the Federal Reserve Letter of Credit is a suitable method, the following procedures shall be employed by the procuring activity prior to the execution of the contract: (a) The Contracting Officer shall advise the Office of the Controller in writing (pursuant to § 7-30.406(b)) as early as possible in the negotiation cycle, of the name and address of the proposed contractor, the type of contract and the estimated amount thereof, the total amount and the estimated dollar ceiling of withdrawals by month of the Federal Reserve Letter of Credit, the reasons the Contracting Officer deems an advance is required, and shall request his advice and concurrence. The following additional material shall be furnished along with the request: (1) For nonprofit educational institutions and their related organizations: (i) Copy of the contractor's proposal. (ii) Copy of the PIO/T. (i) The material required in subparagraph (1) of this paragraph. (ii) Copy of the balance sheet, income and expense statement, and cash flow statement for the most recent fiscal year, preferably prepared and certified by an independent public accountant, and, if available, similar financial data for the 2 previous years. (iii) Copy of the latest available interim balance sheet and income and expense statement of the current fiscal year. (b) (1) The Controller's concurrence in the amount requested or a different amount and/or rate of withdrawal, or his nonconcurrence, shall be supplied by memorandum to the Contracting Officer within 5 working days from receipt of this request. (2) If the Controller does not concur, or recommends a different amount or rate of withdrawal, he shall set forth the reasons for such action. If the Contracting Officer does not agree, then the matter shall be referred to the head of the procuring activity or his delegate for final decision. (3) In every instance, the Contracting Officer transmits for the signature of the head of the procuring activity (or his delegate pursuant to § 7-30.406(a)) appropriate findings, determinations and authorization in support of an advance, including a copy of the written advice provided by the Controller. If the Controller did not concur in the requested advance, the approval of the head of the procuring activity shall be considered the decision referred to in subparagraph (2) of this paragraph. A copy of each signed determination shall be furnished to the Office of the Controller. (c) Before, or at the time of execution of the Contract, the Contractor shall furnish the name of its commercial bank and the Federal Reserve Bank or branch serving the commercial bank to the Contracting Officer. The Contractor shall also supply the specimen signature(s) of the official(s) authorized to sign payment vouchers against the Federal Reserve Letter of Credit and a specimen signature of the official of the institution who has authorized them to sign on two original Standard Forms 1194, "Au thorized Signature Card for Payment Vouchers on Letters of Credit". The Contracting Officer shall then forward the following to the Controller for processing: (1) The two signed signature cards (Standard Form 1194), (2) A signed or conformed copy of the Contract, (3) The name and address of the Contractor's commercial bank, and the Federal Reserve Bank or branch, (4) A recommended dollar ceiling on monthly or quarterly drawings for inclusion on the Federal Reserve Letter of Credit when such limitation is considered desirable by the Contracting Officer, and (5) A copy of the determination cited in paragraph (b)(3) of this section. [34 F.R. 18754, Nov. 22, 1969, as amended at 36 F.R. 23562, Dec. 10, 1971] EFFECTIVE DATE NOTE: The nomenclature amendment at 36 F.R. 23562 is effective 90 days after publication. § 7-30.4501-3 Suspension or revocation of the Federal Reserve Letter of Credit. (a) The Office of the Controller notifies the Contracting Officer whenever it appears that the institution is drawing in excess of current needs or if it is delinquent more than 30 days in submitting required reports and documentation. The Contracting Officer may direct the institution to suspend issuance of payment vouchers until the credits are in line with anticipated needs or to submit the reports and documentation immediately and promptly notifies the Controller of any such action. The Contracting Officer may request the Controller to amend the Federal Reserve Letter of Credit to provide further appropriate limitation on the amount and frequency of submissions, and if the Controller concurs, the Federal Reserve Letter of Credit will be so amended. (b) The Contracting Officer may, upon finding that the Contractor has presented payment vouchers in excess of the amount allowable or otherwise has misused the Federal Reserve Letter of Credit, request the Controller to revoke the Federal Reserve Letter of Credit. Upon receipt of such request from the Contracting Officer, the Controller, if concurring, issues a letter revoking the Federal Reserve Letter of Credit, giving it the same distribution as the original Federal Reserve Letter of Credit. (c) If the Controller does not concur, he shall set forth the reasons for such action. If the Contracting Officer does not agree, then the matter shall be referred for a decision to the head of the procuring activity or his delegate for final decision. § 7-30.4502 Contract clause-Federal Reserve Letter of Credit. The following language shall be incorporated in the Schedule of all contracts in which a Federal Reserve Letter of Credit is to be used to provide advance payments. Any substantial modification to the clause shall be treated as a deviation and processed in accordance with AIDPR 7-1.107. However, special provisions may be added to the clause, as indicated in AIDPR 7-30.4501-1. FEDERAL RESERVE LETTER OF CREDIT FOR ----- A. AID shall open a Federal Reserve Letter of Credit in favor of the Contractor in the amount of $ (for amending existing contracts, add the word "remaining" here) available for obligation under this Contract against which the Contractor may present payment vouchers. The amount drawn by Contractor during any calendar (month or quarter) of this Contract shall not exceed I without the prior written authorization of the Contracting Officer. The amount of the payment voucher shall not be in an amount less than $10,000 nor more than $1 million, but within the specific dollar ceiling on (monthly or quarterly) withdrawals. The amount drawn down including unexpended amounts previously drawn down, will not exceed $10,000 by more than the anticipated amount by which expenditures will exceed $10,000 during the 71 calendar days following the date of presentation of such payment voucher. B. In no event shall the accumulated total of all such payment vouchers exceed the amount of the Federal Reserve Letter of Credit. C. If at any time, the Contracting Officer determines that the Contractor has presented payment vouchers in excess of the amount or amounts allowable in A and B above, the Contracting Officer may: (1) Cause the Federal Reserve Letter of Credit to be suspended or revoked; or (2) direct the Contractor to withhold submission of payment vouchers until such time as, in the judgment of the Contracting Officer, an appropriate level of actual, necessary and allowable expenditures has occurred or will occur under this Contract; and/or (3) request the Contractor to repay to AID the amount of such excess. Upon receipt of the Contracting Officer's request for repayment of excess advance pay ments, the Contractor shall promptly comply with such request. D. Procedure for Contractor. 1. After arranging with a commercial bank of its choice for operation under this arrangement and obtaining the name and address of the Federal Reserve Bank or branch serving the commercial bank, the Contractor shall deliver three originals of Standard Form 1194, "Authorized Signature Card for Payment Vouchers on Letters of Credit" signed by those official (s) authorized to sign payment vouchers against the Federal Reserve Letter of Credit and by an official of the institution who has authorized them to sign. 2. Upon execution of the Contract, the Contractor shall receive one certified copy of the Federal Reserve Letter of Credit. 3. The Contractor shall confirm with his commercial bank that the Federal Reserve Letter of Credit has been opened and is available if funds are needed. 4. To receive payment, the Contractor shall: (a) Periodically, although normally not during the last 5 days of the month, prepare payment vouchers (Form TUS 5401) in an original and three copies. (b) Have the original and two copies of the voucher signed by the authorized official(s) whose signature(s) appear on the Standard Form 1194. (c) Present the original and duplicate copy of the Form TUS 5401 to his commercial bank. (d) Simultaneously, send the triplicate copy of the voucher to the Office of the Controller (C/FRD), AID, Washington, D.C. 20523. (e) Retain the quadruplicate copy of the voucher. 5. After the first payment voucher (Form TUS 5401) has been processed, succeeding payment vouchers shall not be presented until the existing balance of previous payments has been expended or is insufficient to meet current needs. 6. In preparing each payment voucher, the institution assigns a voucher number in numerical sequence beginning with 1 and continuing in sequence on all subsequent payment vouchers submitted under the Federal Reserve Letter of Credit. The current status of the funds advanced under the Federal Reserve Letter of Credit shall be presented on the reverse side of the last two copies of the Form TUS 5401 in the following format: Balance of earlier advances on hand at time of last advance__ Plus amount of last advance.. Less disbursements subsequent to last advance... Equals balance of all earlier advances on hand prior to receiving requested current advance__ 7. A report of expenditures is prepared and submitted to the Controller at intervals specified in the Contract. This report, submitted on Standard Form 1034, "Public |