(27) Final release upon completion of the contract (Standard Payment clause, AIDPR 7-16.9). [33 F.R. 4252, Mar. 7, 1968, as amended at 35 F.R. 11392, July 16, 1970] § 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 before a decision is issued. There are contracts for which AID has administrative responsibility which designate an official other than the Contracting Offcer 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 Responsibility and Authority § 7-1.400 Scope of subpart. This subpart describes the procurement responsibilities and authorities in AID. Except as otherwise prescribed, the head of each procuring activity (as defined in AIDPR 7-1.206) is responsible for the procurement of supplies 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. The 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 Administration, who will keep a current record of all officers and individuals authorized to act as AID Contracting Officers. [30 F.R. 12968, Oct. 12, 1965, as amended at 32 FR. 8467, June 14, 1967] § 7-1.451-3 AID/Washington procuring activities. The procuring activities located in Washington are the regional bureaus, the Office of Administrative Services and the Contract Services Division, Office of Procurement. 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 presently five regional bureaus. The regions for which they are responsible are: Near East-South Asia, Africa, East Asia, Vietnam, 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 Office of Administrative Services, which is under the Assistant Administrator for Administration, is responsible for administrative and program support procurements. The Contract Services Division, Office of Procurement, which is also under the Assistant Administrator for Administration, is responsible for procurements which do not fall within the responsibility of other procuring activities, or which are otherwise assigned to it. General delegations to AID/Washington procuring activities are published in the FEDERAL REGISTER and in chapter 100 of the AID Manual. [32 F.R. 14845, Oct. 26, 1967] § 7-1.451-4 Limitation on field procuring activities. Overseas Missions (as defined in AIDPR 71.258) are overseas procuring activities. Their authority, except in the case of contracts with individuals for the services 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 Administration of such waivers (and their decision) and will furnish to him § 7-1.454 Controller. The Controller of AID is responsible for disbursement and other fiscal services required in connection with AID procurement. [35 FR. 11392, July 16, 1970] § 7-1.455 General Counsel. The General Counsel is responsible for provision of necessary legal services in connection with AID procurement. § 7-1.456 Auditor General. The Auditor General is responsible for the provision of financial advisory and audit services required in connection with AID procurement. [35 F.R. 11392, July 16, 1970] Subpart 7-1.5-Contingent Fees Use of Standard Form 119. § 7-1.507-3 Exceptions. § 7-1.507 The exception stated in FPR 1-1.5073(f) for contracts to be made in foreign countries will not be used. Subpart 7-1.6-Debarred, Sus- § 7-1.600 Scope of subpart. See also AID Regulation 8, which is published as Part 208 of Title 22 of the Code of Federal Regulations and is also set out as AID Manual Order 1414.13. Regulation 8 applies to certain transactions financed by AID which do not fall within the coverage of AIDPR as described in AIDPR 7-1.103. The terms of actions taken against suppliers under Regulation 8 will be applied to those suppliers with respect to procurements covered by AIDPR. § 7-1.602 Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible. The Office of Small Business, AID/ Washington will establish and maintain the consolidated list required by FPR 1-1.602. [30 F.R. 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. § 7-1.602-1 Bases for entry on the debarred, suspended, and ineligible list. Persons named on the "List of Ineligible Suppliers" established by Regulation 8 will also be included on the consolidated list required by FPR 1-1.602. Administrator determines (c) The that the security interests of the United States override the interest of the supplier in an adversary hearing. [34 F.R. 13321, Aug. 16, 1969] § 7-1.604-1(b)-2 Date of the hearing. Unless the Administrator determines that for good cause shown additional time should be granted, a hearing shall be instituted within 20 days after receipt of a request from an affected person for a hearing in response to the notice described in FPR 1-1.604-1(a). [34 F.R. 13321, Aug. 16, 1969] § 7-1.604-1(b)−3 Hearing Examiner. (a) The hearing shall be conducted before an impartial hearing examiner designated by the Administrator. (b) The Administrator shall not be limited in the choice of a hearing examiner to persons employed by A.I.D. or by any other agency of the U.S. Government. [34 F.R. 13321, Aug. 16, 1969] § 7-1.604-1(b)-4 Report to the Administrator. The hearing examiner shall submit to the Administrator written findings of fact based upon the record established during the hearing and recommendations concerning the proposed debarment based upon these findings. [34 F.R. 13321, Aug. 16, 1969] § 7-1.604-1(b)-5 Findings. (a) Findings of fact adequate to establish a cause for debarment shall be based upon substantial evidence. Standards of proof necessary for criminal conviction shall not apply. (b) Evidence of criminal intent shall not be necessary to establish a cause for debarment. (c) Findings shall not be circumscribed by technical rules of evidence. [34 F.R. 13321, Aug. 16, 1969] § 7-1.604-1(b)-6 Recommendations. The Administrator may approve or disapprove the recommendations of the hearing examiner in whole or in part. [34 F.R. 13321, Aug. 16, 1969] § 7-1.605 Suspension of bidders. § 7-1.605-2 Period and scope of suspension. 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 Administration or an officer designated by him. [30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 7-1.605-4 Notice of suspension. Inquiries concerning suspended Contractors will be referred to the Assistant Administrator for Administration. [30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] § 7-1.606 Agency procedure. The Assistant Administrator for Administration is designated to act for AID and to furnish information as provided in FPR 1-1.606 (b), (c), (d), (e), and (f). [30 F.R. 12968, Oct. 12, 1965, as amended at 32 F.R. 8467, June 14, 1967] Subpart 7-1.7-Small Business Concerns § 7-1.702 Small business policies. 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 (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) (1) In furtherance of this policy, as well as the requirements set forth in FPR 1-1.1001, A.I.D. obtains the maximum practicable publicity for its direct procurements of supplies and services through publication of notice of such procurement actions in the "Commerce Business Daily". (2) Also, a Contractor's Index is maintained in Washington by the A.I.D. Office of Small Business. Prospective Contractors wishing to perform contracts for A.I.D. should file AID Form 1420-6 (Management Consultant Questionnaire), 1420-5 (Architect-Engineer Questionnaire), 1420-19 (Urban and Regional Planner Consultant Question naire) or 1420-7 (Construction Contractor's Questionnaire), as appropriate with the Office of Small Business, Agency for International Development, Washington, D.C. 20523 and should keep current the information so filed. (3) Prospective contractors who are interested in specific future procurements about which notice has been given, either through the Commerce Business Daily or otherwise, should submit an indication of their interest or a proposal to the cognizant A.I.D. office, as directed in the notice. In addition, the prospective contractor should forward the appropriate AID Form (1420-5, 1420-6, 1420-19, or 1420-7) to the A.I.D. Office of Small Business, if a form has not previously been filed. [30 F.R. 12968, Oct. 12, 1965, as amended at 35 F.R. 3807, Feb. 27, 1970] § 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 Offcer 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 1-1.001 and AIDPR 7-1.1001. § 7-1.1003-7 Preparation and transmittal. (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 "Noncommercial, 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. AUTHORITY: The provisions of this Part 7-2 Issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. Subpart 7-2.4-Opening of Bids and Award of Contract § 7-2.406-3 Other mistakes disclosed before award. The Assistant Administrator for Administration is the designated central authority to make the determinations described in FPR 1-2.406-3. [30 F.R. 12971, Oct. 12, 1965, as amended at 32 FR. 8468, June 14, 1967] § 7-2.406-4 Disclosure of mistakes after award. The Assistant Administrator for Administration is the designated central authority to make the determinations described in FPR 1-2.406-4. [30 F.R. 12971, Oct. 12, 1965, as amended at 32 F.R. 8468, June 14, 1967] Scope of subpart. Negotiation authority. Personal or professional services. Services of educational institu tions. Experimental, developmental, or research work. Purchases not to be publicly disclosed. standardization changeability of parts. Otherwise authorized by law. Subpart 7-3.3-Determinations, Findings, and 7-3.903-2 Procedures Review and approval of Con tractor's purchasing system and subcontracts. Review and approval of subcontracts. AUTHORITY: The provisions of this Part 7-3 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-3 appear at 30 F.R. 12971, Oct. 12, 1965, unless otherwise noted. Subpart 7-3.1-Use of Negotiation § 7-3.101 General requirements for ne gotiation. § 7-3.101-50 Noncompetitive negotiations. (a) The requirement for securing competition to the maximum practical |