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CHAPTER 7-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE
Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87-195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:
"All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded."
particular procurement policy or procedure is identified by the same number in both the Federal Procurement Regulations and the ICAPR except that the first digit of the number is either 1 (meaning Federal Procurement Regulations) or 7 (meaning the ICA Procurement Regulations).
(b) Where the ICAPR implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of the ICAPR will be numbered and captioned to correspond to the FPR part, subpart, section or subsection concerned.
(c) Where the ICAPR supplements the FPR and thus deals with subject matter having no counterpart in the FPR, the numbers in the group 50 through 99 will be assigned to the respective suplementing part, subpart, section or subsection.
(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR requires no implementation to adapt it to ICA procurement requirements, the ICAPR will contain no corresponding part, subpart, section or subsection. Therefore, there will be gaps in the ICAPR of part, subpart, section or subsection numbers; in such cases, reference must be made to the FPR part, subpart, section or subsection for policy and procedure applicable to ICA procurement.
These regulations shall be referred to as the ICA Procurement Regulations. They will be cited in the same manner as the Federal Procurement Regulations are cited. Thus, this section, when referred to in divisions of the ICA Procurement Regulations, should be cited as "7-1.1053 of this chapter." When this section is referred to formally in official documents, such as legal briefs, it should be cited as "41 CFR 7-1.105-3." Any section of the ICA Procurement Regulations may be informally identified, for purposes of brevity, as ICAPR followed by the section number, i.e., "ICAPR 7-1.105-3."
§ 7-1.106 Implementation and supplementation of FPR.
The ICA Procurement Regulations "implement" and "supplement" the FPR. As new portions of the FPR are issued, ICA will publish such additional material in the ICAPR to "implement" or "supplement" such portions as is
necessary to adapt the new portions of the FPR to ICA procurement requirements and policies. The meaning of these terms includes the following:
(a) Implementation may have either of the following meanings:
(1) A part, subpart, section, etc., which treats a similarly numbered portion of the FPR in greater detail or indicates the manner of compliance including any deviations.
(2) The absence of a corresponding part, subpart, section, etc., in the ICAPR indicates that the FPR is applicable as written. Policies and procedures in the FPR are not repeated in the ICAPR.
(b) Supplementation means ICAPR coverage of matters which have no counterpart in the FPR.
(a) Certain ICA procurement policies and procedures which come within the scope of this chapter nevertheless may be excluded therefrom when there is a justification therefor. These exclusions may include the following:
(1) Subject matter which bears a security classification.
(2) Policies or procedures which are expected to be effective for a period of less than six months.
(3) Policies or procedures which are effective on an experimental basis for a reasonable period.
(4) Policies and procedures pertaining to other activities of ICA as well as to procurement functions and there is need to make the issuance available simultaneously to all ICA personnel concerned.
(5) Speed of issuance is essential, numerous changes are required in this chapter, and all changes cannot be made promptly.
(b) Procurement policies and procedures issued initially as internal agency policies in other than the FPR System format under paragraph (a) (4) and (5) of this section, will be codified into the ICAPR at the earliest practicable date. § 7-1.108 Deviation.