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(b) At Missions where joint administrative services are arranged, procuring offices may apply the Department of State Procurement Regulations (DOSPR) /FPR for all administrative and technical support procurement except in defined areas. The defined areas and administrative guidelines for procurement will be furnished to the overseas Missions by the Office of Administrative Services A/AS. Administrative and local support services include the the procurement accountability, maintenance and disposal of all office and residential equipment and furnishings, vehicles and expendable supplies purchased with administrative and/or technical support funds, either dollars or local currency.

[30 F.R. 12968, Oct. 12, 1965, as amended at 35 F.R. 7964, May 23, 1970]

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§ 7-1.104-1 Relation to Federal Procurement Regulations Systems.

(a) The Federal Procurement Regulations System brings together, in Title 41 of the Code of Federal Regulations, the procurement regulations that apply to all civilian agencies of the Government. FPR is Chapter 1 of Title 41. AIDPR is Chapter 7.

(b) FPR will be divided into 49 parts, and Parts 1 through 49 of AIDPR will expand upon or modify the policies and procedures included in FPR. Material issued in the first 49 parts of AIDPR will be numerically keyed to the corresponding sections of FPR. Parts 50 through 99 of AIDPR will be used for procurement policies and procedures for which FPR has or is not expected to have a counterpart. See FPR 1-1.0.

§ 7-1.104-2 Internal.

AIDPR will be published in loose-leaf form for internal distribution.

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AIDPR notices will be used to promulgate temporary, interim, and emergency procurement instructions. Such notices will be prepared by the Assistant Administrator for Administration.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 FR. 8467, June 14, 1967]

§ 7-1.104-5 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator for Administration and, under him, to the Director, Office of Procurement or such other officer as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the heads of AID/Washington procuring activities, the General Counsel, and such other offices as may be appropriate.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 7-1.105

§ 7-1.105-1

Arrangement. Citation.

Any section of AIDPR may be identified by "AIDPR" followed by the section number. Only those sections of the regulations which have been published in the FEDERAL REGISTER may properly be incorporated in contracts by reference. In such references, the sections may be cited as "41 CFR" followed by the section number, as "41 CFR 7-1.105-1".

§ 7-1.106 Implementation within AID procuring activities.

The heads of the various AID procuring activities may issue operating instructions and procedures consistent with FPR, AIDPR, and other Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance shall be forwarded to the Director, Office of Procurement. Insofar as possible, such material will be numerically keyed to the AIDPR.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.107 Deviations from Federal Procurement Regulations (FPR) and Agency for International Development Procurement Regulations (AIDPR).

[32 F.R. 14844, Oct. 26, 1967] § 7-1.107-1 Description.

The provisions of FPR 1-1.009-1 defining deviations from FPR shall also

apply to the AIDPR. The following actions shall also constitute a deviation from FPR or AIDPR:

(a) When a contract clause is set forth in FPR or AIDPR verbatim, use of a collateral provision which modifies either the clause or its prescribed application.

(b) When a contract clause is set forth in FPR or AIDPR but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle, and substance of the FPR or AIDPR clause or related coverage of the subject matter. (c) Omission of any mandatory contract clause.

[32 F.R. 14844, Oct. 26, 1967] § 7-1.107-2

Policy.

It is the policy of AID that deviation from the mandatory requirements of FPR and AIDPR shall be kept at a minimum and be granted only if it is essential to effect necessary procurement and when special and exceptional circumstances make such deviation clearly in the best interests of the Government. [32 F.R. 14844, Oct. 26, 1967] § 7-1.107-3 Procedure.

(a) Deviation from the FPR or AIDPR affecting one contract or transaction:

(1) Deviations which affect only one contract or procurement will be made only after prior approval by the Assistant Administrator having cognizance over the procuring activity or by a principal deputy designated by the Assistant Administrator. Deviation requests containing the information listed in paragraph (c) of this section, shall be submitted sufficiently in advance of the effective date of such deviation to allow adequate time for consideration and evaluation by the approving Assistant Administrator.

(2) Requests for such deviations may be initiated by the responsible AID Contracting Officer who shall obtain clearance and approvals as may be required by the approving Assistant Administrator. Prior to submission of the deviation request to the Assistant Administrator for approval, the Contracting Officer shall obtain written comments from the Office of Procurement, Contract Services Division (PROC/CSD). PROC/CSD shall normally be allowed at least five working days prior to the submission of the deviation request to the approving Assistant Administrator, to review these requests and to submit comments. If

the exigency of the situation requires more immediate action, the requesting office may arrange with PROC/CSD for a shorter review period. In addition to a copy of the deviation request, PROC/ CSD shall be furnished any background or historical data which will contribute to a fuller understanding of the deviation. PROC/CSD's comments shall be made a part of the deviation request file which is forwarded to the approving Assistant Administrator.

(3) Coordination with the Office of General Counsel, as appropriate, should also be effected prior to approval of a deviation by the approving Assistant Administrator.

(b) Class deviations from the FPR or AIDPR: Class deviations are those which affect more than one contract or contractor.

(1) Class deviations from the AIDPR will be processed in the same manner as prescribed in paragraph (a) of this section.

(2) Class deviations from the FPR shall be considered jointly by AID and GSA (FPR 1-1.009-2) unless, in the judgment of the approving Assistant Administrator, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The approving Assistant Administrator shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, PROC/CSD shall be responsible for notifying GSA of the class deviation.

(3) Class deviations from the FPR shall be processed as follows:

(i) The request shall be processed in the same manner as paragraph (a) of this section, except that PROC/CSD shall be allowed at least 10 working days prior to the submission of the deviation request to the approving Assistant Administrator, to effect the necessary coordination with GSA and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with PROC/CSD for a shorter review and coordination period. GSA's and PROC/CSD's comments shall be made a part of the deviation request file which is forwarded to the approving Assistant Administrator;

(ii) The request shall be processed in the same manner as paragraph (a) of this section if the request is not being jointly considered by AID and GSA.

(4) Deviations involving basic agreements or other master type contracts are

considered to involve more than one contract.

(5) Unless the approval is sooner re scinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to contracts or task orders which are active at the time the class deviation expires. Authority to continue the use of such deviation beyond 2 years may be requested in accordance with the procedures prescribed in paragraph (a) of this section.

(6) Expiration dates shall be shown on all class deviations.

(c) Requests for deviations shall contain a complete description of the deviation, the effective date of the deviation, the circumstances in which the deviation will be used, a specific reference to the regulation being deviated from, an indication as to whether any identical or similar deviations have been approved in the past, a complete justification of the deviation including any added or decreased cost to the Government, the name of the contractor, and the contract or task order number.

(d) Register of deviations: Separate registers shall be maintained by the procuring activities of the deviations granted from FPR and AIDPR. Each deviation shall be recorded in its appropriate register and shall be assigned a control number as follows: The symbol of the procuring office, the abbreviation "DEV", the fiscal year, the serial number (issued in consecutive order during each fiscal year) assigned to the particular deviation and the suffix "c" if it is a class deviation, e.g., LA-DEV-67-1, LA-DEV67-2c. The control number shall be embodied in the document authorizing the deviation and shall be cited in all references to the deviation.

(e) Central record of deviations: Copies of approved deviations shall be furnished promptly to the Office of Procurement, PROC/CSD, who shall be responsible for maintaining a central record of all deviations that are granted.

(f) Semiannual report of class deviations:

(1) AID Contracting Officers shall submit a semiannual report to PROC/ CSD of all contract actions effected under class deviations to FPR AIDPR which have been approved pursuant to paragraph (b) of this section.

or

(2) The report shall contain the applicable deviation control number, the

contractor's name, contract number and task order number (if appropriate).

(3) The report shall cover the 6month periods ending June 30 and December 31, respectively, and shall be submitted within 20 working days after the end of the reporting period. [32 FR. 14844, Oct. 26, 1967]

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.

§ 7-1.204 Head of the agency.

"Head of the agency" means, for AID, the Administrator, Deputy Administrator, Assistant Administrator for Administration. The Assistant Administrators in charge of regional bureaus, and the U.S. Coordinator and the Deputy U.S. Coordinator for the Alliance for Prog

ress.

[30 FR. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.205 Procuring activity.

The procuring activities within AID are (1) the AID/Washington procuring activities, which are the regional bureaus, the Office of Administrative Services, the Contract Services Division; and (2) the overseas field activities with procurement authority, which include the Missions. [30 F.R. 12968, Oct. 12, 1965, 32 F.R. 8467, as amended at 32 F.R. 8467, June 14, 1967] § 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, and mission directors or other officers in charge of overseas field activities with procurement authority. [30 F.R. 12968, Oct. 12, 1965, 32 FR. 8467, as amended at 32 F.R. 8467, June 14, 1967] § 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

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"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.

§ 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.

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

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967]

§ 7-1.306 Standards.

Section 1414 of the AID Manual tells the Missions about sources of information and assistance on specifications and standards.

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§ 7-1.310-7 Information regarding responsibility.

The Office of Small Business, AID/ Washington and the Auditor General will assist Contracting Officers, as requested, in developing and evaluating pertinent information.

[30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967; 35 F.R. 11392, July 16, 1970; 36 F.R. 23556, Dec. 10, 1971]

NOTE: The amendment at 36 F.R. 23556 is effective 90 days after publication.

§ 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 Office of Small Business, AID/Washington, who will

maintain central records of Contractor past performance.

[30 FR. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967; 36 F.R. 23556, Dec. 10, 1971]

NOTE: The amendment at 36 F.R. 23556 is effective 90 days after publication.

§ 7-1.311 Priorities, allocations, and allotments.

The program referred to in FPR-1 1.311 is not generally applicable to AID procurement. § 7-1.313

Record of contract actions.

In order that the official contract file may contain a full history of each procurement to (a) support actions taken by various personnel in the procurement cycle, (b) provide information for reviews conducted by A.I.D. or others, (c) supply data for use in preparing replies to Congressional inquiries, and (d) furnish essential facts in the event of litigation, each such file shall contain the following data, as applicable:

(1) A copy of the Project Implementation Order (PIO) or other action authority document that conveys authority to procure services or personal property against A.I.D. financing;

(2) On negotiated procurements, identification of the circumstance permitting negotiation (AIDPR 7-3.200-50) (FPR 1-3.2);

(3) A list of the sources solicited or justification for limiting sources (AIDPR 7-3.101-50) and a list of any firms or persons whose requests for copies of the solicitation were denied, together with the reasons for denial;

(4) A copy of the formal solicitation of proposal, the Invitation for Bid (IFB), or a record of informal solicitation of proposals;

(5) A copy of the synopsis message sent to the "Commerce Business Daily" for publicizing contracting or subcontracting possibilities (FPR 1-1.1003-7) or reasons for not synopsizing (FPR 1-1.1003-2);

(6) A copy of each signed bid or proposal received;

(7) The Bidder's Statement of Contingent Fee (FPR 1-1.505);

(8) All price and cost data submitted or used including Certificates of Current Cost or Pricing Data (FPR 1-3.807-4);

(9) The Contracting Officer's determination of the contractor's responsibility (FPR 1-1.310-6(b));

(10) A full record of negotiations, including but not limited to:

(i) Participants;

(ii) Dates and places of meetings; (iii) Selection of the successful contractor including reasons for selection;

(iv) Agreements on Government-furnished materials, equipment, or facilities; (v) Technical or financial recommendations;

(vi) Terms, conditions, and type of contract agreed to;

(vii) Agreements on subcontracting; (viii) Justification for fixed fee or profit, and

(ix) Justification for final cost or price;

(11) Required Determinations Findings (FPR 1-3.302);

and

(12) A record of the preaward on-siteevaluation surveys conducted (FPR 11.310-9);

(13) A copy of any deviations approved by the Assistant Administrators (AA's) (AIDPR 7-1.107, 7-1.305-3); (14) Any required approvals and clearances (General Counsel, Security, Technical, Auditor General, Small Business, etc.,);

(15) A copy of the contract or award;

(16) A copy of the synopsis message sent to the "Commerce Business Daily" publicizing contract awards (FPR 11.1004-1);

(17) A copy of the Individual Procurement Action Report (IPAR) (M.O. 1423.1);

(18) Any exceptions or exemptions to the Buy American Act or Foreign Assistance Act (FPR 1-6.1) (AIDPR 76.103-51, 7-6.51, and 7-6.52);

(19) Copies of all amendments and task orders with supporting documents; (20) Copy of contractor's established policies and practices covering compensation, leave, workweek, promotions, etc. (standard clauses, AIDPR 7-16.9);

(21) Evidence of contractor's compliance with equal opportunity provisions (AIDPR 7-12.805-4);

(22) Copies of advance payment data (FPR 1-30.4);

(23) Copies of the Federal Reserve Letter of Credit (FRLC) data (AIDPR 7-30.51);

(24) Copy of Contracting Officer's decisions under the Disputes clause (AIDPR 7-1.318);

(25) Termination data (FPR 1-8) (AIDPR 7-8);

(26) All other pertinent correspondence, documents and reports;

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