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(b) Inclusion of the above clause does not affect in any way the requirement for the examination of records clause by the Comptroller General (see § 1-7.101– 10 and $ 5–7.5001). $ 5–53.305

Audit reports. Reports of audits of contractors' records shall be furnished to the contract

ing officer. The Accounting Division, Office of Comptroller (or Regional Comptroller), shall not make payment until assurance has been received from the appropriate contracting officer that the audit has been completed and exceptions uncovered thereunder have been resolved.

CHAPTER 7-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Lan 87-195, 75 Stat. 424, abolished the International Cooperation Administration, The President, by Executive Order 10973 (26 F.R. 10469), delegated the funotions of the abolished agenoy to the Secretary of State and directed him to establish the Agenoy for International Development in the Department of State. The Secretary of State established the Agenoy 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of this order, shall, to the extent sonsistent with law, continue in effect except as they may be later modified or superseded."

Part
7-1 General.
7-2 Procurement by formal advertising.
7-3 Procurement by negotiation.
7-6 Foreign purchases.
7-7 Contract clauses.
7–12 Labor.
7-16 Procurement forms.
7-60 Contract appeal procedure.

PART 7-1-GENERAL

Subpart 7-1.1-Introduction Sec. 7-1.100 Scope of subpart. 7-1.101 Establishment of

ICA procurement regulations. 7-1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuances. 7-1.104-1 Publication. 7-1.104-2 Copies. 7-1.105 Arrangement. 7-1.105-1 General plan. 7-1.105–2 Numbering. 7-1.105-3 Citation. 7-1.106 Implementation and supplemen

tation of FPR. 7-1.107 Exclusions. 7-1.108 Deviation. 7-1.108-1 Description. 7-1.108-2 Procedure. 7-1.109 Other ICA procurement instruc

tions.

Subpart 7-1.2-Definition of Terms 7-1.201 Definitions. 7-1.202 Executive agency. 7-1.204 Head of agency. 7-1.205 Procuring activity. 7-1.209 Procurement. 7-1.250 Mutual Security Act. 7-1.251 ICA. 7-1.252 USOM. 7-1.253 Cooperating country. 7-1.254 Government, federal, state, local

and political subdivisions.

Subpart 7-1.3-General Policies 7-1.305-2 Exceptions to mandatory use of

federal specifications. 7-1.306-1 Mandatory use and application

of federal standards.

§ 7-1.101 Establishment of ICA pro

curement regulations. (a) The ICA Procurement Regulations (ICAPR) are hereby established.

(b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System. § 7-1.102 Authority.

The ICA Procurement Regulations are prescribed by the Director, International Cooperation Administration, pursuant to the authority of the Mutual Security Act of 1954, as amended; Executive Order No. 10784, as amended; and the Federal Property and Administrative Services Act of 1949. $ 7-1.103 Applicability.

The ICA Procurement Regulations and the Federal Procurement Regulations, which together form that part of the Federal Procurement Regulations System which governs ICA procurement, apply to all direct procurement of personal property and nonpersonal services (including construction). See definition of “procurement” in $ 7–1.209 of this chapter. § 7-1.104 Issuances. $ 7-1.104-1 Publication.

The ICA Procurement Regulations appear in the Code of Federal Regulations as Chapter 7 of Title 41, Public Contracts, and are published in issues of the FEDERAL REGISTER, in cumulative form in the Code of Federal Regulations, and in separate loose-leaf volume form. § 7-1.104–2 Copies.

Copies of the ICA Procurement Regulations may be purchased at nominal cost, from the Superintendent of Documents, Government Printing Office, Washington 25, D.C. § 7-1.105 Arrangement. $ 7-1.105-1 General plan.

The ICA Procurement Regulations employ the same numbering system and nomenclature used in the Federal Procurement Regulations. 8 7–1.105–2 Numbering.

(a) Generally, the numbering system used in the ICAPR conforms to that of the FPR (see FPR 1-1.007–2). Thus, a

Subpart 7-1.5—Contingent Fees 7-1.507-3(f) Exceptions.

Subpart 7-1.7—Small Business Concerns 7-1.701 General

AUTHORITY: $ $ 7-1.100 to 7-1.701 issued under sec. 521, 68 Stat. 855, as amended; 22 U.S.C. 1781(a).

SOURCE: $ $ 7–1.100 to 7-1.701 appear at 26 F.R. 6295, July 14, 1961.

Subpart 7-1.1- Introduction § 7-1.100 Scope of subpart.

This subpart describes the International Corperation Administration Procurement Regulations in terms of establishment, authority, applicability, issuance, arrangement, implementation and supplementation of FPR, exclusions, deviations, and other ICA Procurement Instructions.

particular procurement policy or pro necessary to adapt the new portions of cedure is identified by the same number the FPR to ICA procurement requirein both the Federal Procurement Regula ments and policies. The meaning of tions and the ICAPR except that the first these terms includes the following: digit of the number is either 1 (meaning (a) Implementation may have either Federal Procurement Regulations) or 7 of the following meanings: (meaning the ICA Procurement Regula (1) A part, subpart, section, etc., tions).

which treats a similarly numbered por(b) Where the ICAPR implements a tion of the FPR in greater detail or indipart, subpart, section or subsection of cates the manner of compliance includthe FPR, the implementing part, sub ing any deviations. part, section or subsection of the ICAPR (2) The absence of a corresponding will be numbered and captioned to cor part, subpart, section, etc., in the ICAPR respond to the FPR part, subpart, sec indicates that the FPR is applicable as tion or subsection concerned.

written. Policies and procedures in the (c) Where the ICAPR supplements FPR are not repeated in the ICAPR. the FPR and thus deals with subject (b) Supplementation means ICAPR matter having no counterpart in the coverage of matters which have no counFPR, the numbers in the group 50 terpart in the FPR. through 99 will be assigned to the respec

§ 7-1.107 Exclusions. tive suplementing part, subpart, section or subsection.

(a) Certain ICA procurement policies (d) Where the subject matter con and procedures which come within the tained in the part, subpart, section or scope of this chapter nevertheless may subsection of the FPR requires no im be excluded therefrom when there is a plementation to adapt it to ICA pro justification therefor. These exclusions curement requirements, the ICAPR will may include the following: contain no corresponding part, subpart, (1) Subject matter which bears a sesection or subsection. Therefore, there

curity classification, will be gaps in the ICAPR of part, sub (2) Policies or procedures which are part, section or subsection numbers; in expected to be effective for a period of such cases, reference must be made to less than six months. the FPR part, subpart, section or sub

(3) Policies or procedures which are section for policy and procedure appli

effective on an experimental basis for a cable to ICA procurement.

reasonable period.

(4) Policies and procedures pertain$ 7-1.105-3 Citation.

ing to other activities of ICA as well as to These regulations shall be referred to procurement functions and there is need as the ICA Procurement Regulations. to make the issuance available simulThey will be cited in the same manner as taneously to all ICA personnel concerned. the Federal Procurement Regulations are (5) Speed of issuance is essential, cited. Thus, this section, when referred numerous changes are required in this to in divisions of the ICA Procurement chapter, and all changes cannot be made Regulations, should be cited as “7-1.105 promptly. 3 of this chapter.” When this section is (b) Procurement policies and procereferred to formally in official docu dures issued initially as internal agency ments, such as legal briefs, it should be policies in other than the FPR System cited as “41 CFR 7-1.105–3.” Any sec format under paragraph (a) (4) and (5) tion of the ICA Procurement Regulations of this section, will be codified into the may be informally identified, for pur ICAPR at the earliest practicable date. poses of brevity, as ICAPR followed

$ 7-1.108 Deviation. by the section number, i.e., “ICAPR 7-1.105-3.”

§ 7-1.108–1 Description.

The term “deviation" includes any of $ 7-1.106 Implementation and supple

the following sections: mentation of FPR.

(a) When a prescribed contract clause The ICA Procurement Regulations

is set forth verbatim, use of a contract “implement” and “supplement” the clause covering the same subject matter FPR. As new portions of the FPR are which varies from that set forth. issued, ICA will publish such additional (b) When a standard or other form is material in the ICAPR to “implement” prescribed, use of any other form for or “supplement” such portions as is the same purpose.

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