Contracting Officer in writing within five days after receipt of such material. (2) Such advice shall be considered a counter-recommendation and shall be processed in accordance with AIDPR 7-1.704-6 (d) and (e). (b) Public exigency exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 71.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office. In addition to the documentation called for in AIDPR 71.704-6, the Contracting Officer shall furnish a copy of his written determination exempting the procurement from screening. The determination shall cite the pertinent facts which led to his decision. This exemption is not intended to be used as a substitute for good procurement planning and leadtime; the Small Business Office will report abuses of this exemption to the head of the procuring activity for appropriate action in accordance with AIDPR 7-1.704-4(c). (c) Institution building contract (IBC) exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 7-1.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office. (d) Personal services contract exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 7-1.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office. Subpart 7-1.10-Publicizing Procurement Actions § 7-1.1001 General policy. (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, AID 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) AID's Small Business Office maintains a Contractor's Index, which serves as a reference source and an indication of a prospective contractor's interest in performing AID contracts. Prospective contractors are invited to file the appropriate form (Standard Forms 254/255, Architect-Engineer and Related Services Questionnaires; or AID Forms 1420-6, Management Consultant Questionnaire; 1420-7, Construction Contractor's Questionnaire; or 1420-19, Urban and Regional Planner Consultant Questionnaire) with AID's Small Business Office (Department of State, Agency for International Development, Washington, D.C. 20523-Attention: Small Business Office). These forms should be updated annually. [30 FR 12968, Oct. 12, 1965, as amended at 35 FR 3807, Feb. 27, 1970; 38 FR 28669, Oct. 16, 1973; 41 FR 21639, May 27, 1976] PART 7-2-PROCUREMENT BY FORMAL ADVERTISING Subpart 7-2.4-Opening of Bids and Award of Contract Sec. 7-2.406-3 Other mistakes disclosed before award. 7-2.406-4 Disclosure of mistakes after award. 7-2.407 Award. 7-2.407-6 Equal low bids. AUTHORITY: 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 Program and Management Services is the designated central authority to make the determinations described in FPR 1-2.406-3. [30 FR 12971, Oct. 12, 1965, as amended at 38 FR 28669, Oct. 16, 1973] Sec. 7-3.807-50 Offeror's analysis of cost pro posal. AUTHORITY: Sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: 30 FR 12971, Oct. 12, 1965, unless otherwise noted. Subpart 7-3.1-Use of Negotiation 87-3.101 General requirements for negotiation. §7-3.101-50 Exceptions to normal negotiation procedures. Competition should be obtained in negotiated procurements whenever possible. However, there are four types of exceptions to normal negotiation procedures which authorize departures from ordinary competitive practices as follows: (a) Negotiation without the solicitation of proposals from more than one offeror may be undertaken for the types of contracts listed below. In each of these cases, however, consideration of as many sources as is practicable, including informal solicitation to the maximum extent practicable, is required. In each case the contract file will include appropriate explanation and support. (1) Procurements to be performed by the contractor in person. (2) A procurement by an overseas procuring activity (e.g., AID Missions) where the estimated cost of professional/technical services under single contract is less than $50,000, or the estimated landed cost of all equipment and materials purchased under a single contract is less than $25,000. (b) Negotiation without solicitation of proposals from more than one offeror or informal solicitation may be undertaken for contracts for which one institution or firm has exclusive or predominate capability by reason of experience, specialized facilities or technical competence to perform the work within the time required and at reasonable prices. In such a circumstance, the initiating technical office may recommend, for approval by the contracting officer, that a proposal be solicited only from this one institution or firm. This recommendation shall be in writing and will be contained in a separate document entitled "Justification for Noncompetitive Procurement" which shall set forth full and complete justification for the selection. Specifically the "Justification" shall explain with particularity the exclusive or predominant capability the proposed contractor possesses which meets the requirements of the procurement, shall cite any other circumstances which operate to make competitive negotiation impracticable and shall reflect the degree of consideration which has been given to other sources in the particular field and the reasons they lack the capability of the proposed contractor. The following illustrations represent factors which should be considered, as appropriate, in preparing the "Justification": (1) What capability does the proposed contractor have which is important to the specific effort and makes him clearly more desirable than another firm in the same general field? (2) What prior experience of a highly specialized nature does he possess which is vital to the proposed effort? (3) What facilities or equipment does he have which are specialized and vital to the effort? (4) Does he have a substantial investment of some kind which would have to be duplicated at Government expense by another source entering the field? (5) If time schedules are involved, why are they critical and why can the proposed contractor best meet them? (6) Does the proposed contractor have personnel considered predominant experts in the particular field? Each "Justification" shall contain, in the first sentence of the document, an appropriate recommendation (e.g., "I recommend that we negotiate only with the (Name of Entity) for the (Item or services being procured)"). (c) Negotiation without solicitation of proposals or informal solicitation and without consideration of other competitive sources may be undertaken for the types of contracts listed below. In each case the contract file will include appropriate explanation and support. (1) Contracts based on unsolicited research and development proposals to be awarded to a qualified offeror upon the appropriate determination by the cognizant Assistant Administrator pursuant to AIDPR 7-4.5301. (2) Contract amendments which provide for the continuation of activities or assistance which in the judgment of the contracting officer are designed to meet a goal which is the same as or substantially similar to the goal stated in the original contract. (3) Procurements for which the contracting officer determines that the property or services can be obtained from only one person or firm (sole source of supply). See FPR 3.210(a)(1). 1 (4) Procurements for which the Assistant Administrator having primary responsibility for the program (this authority is not delegable except to his chief deputy) makes a written determination, with supporting findings (including the degree of consideration, if any, given to other sources in the particular field) that procurement from another source would impair foreign assistance objectives and would be inconsistent with fulfillment of the foreign assistance program. A copy of the determination and findings shall be included in the contract file. [38 FR 28669, Oct. 16, 1973, as amended at 41 FR 4918, Feb. 3, 1976; 41 FR 21639, May 27, 1976; 42 FR 27601, May 31, 1977] 87-3.102-50 Adaptability to overseas conditions. In addition to the factors set forth in FPR 1-3.102, AID will consider the adaptability of the prospective Contractor and its employees to employment and residence in the overseas location or locations where work is to be performed. Subpart 7-3.2-Circumstances §7-3.200 Scope of subpart. All negotiated AID contracts are negotiated under the authority of section 633 of the Foreign Assistance Act of 1961, as amended, and Executive Order 11223, May 12, 1965, 30 FR 6635. The files of negotiated AID con tracts shall cite, as the circumstance permitting negotiation, FPR 1-3.215 ("Otherwise authorized by law"). No other circumstances as set forth in FPR 1-3.2 need be cited. [42 FR 4841, June 26, 1977] Subpart 7-3.3-Determinations, Findings, and Authorities § 7-3.302 Determinations and findings required. The requirement of FPR 1-3.302(b) shall not apply to negotiated amendments to cost reimbursement contracts. The original determination and findings justifying the initial use of a cost reimbursement- type contract shall be deemed applicable to all subsequent amendments to said contracts. [38 FR 28670, Oct. 16, 1973] Subpart 7-3.6-Small Purchases §7-3.600 Scope of subpart. The $10,000 ceiling applies to the cost of supplies and services, exclusive of the cost of transportation and other accessorial costs if their destination is outside the United States. [30 FR 12971, Oct. 12, 1965, as amended at 41 FR 21639, May 27, 1976] §7-3.604-3 Agency responsibilities. Each overseas procuring activity is responsible for developing instructions for the guidance of its personnel and procedures which are adapted to local requirements and which conform with and implement FPR 1-3.604. They will identify the specific documentation required to support each imprest fund transaction, which will include an itemized receipt from the vendor in accordance with FPR 1-3.604-6(c) and, when appropriate, a certificate of inspection or manufacturer's guarantee or warranty. §7-3.604-5 Limitations. Exceptions or additions are in effect for certain overseas procuring activities. Requests by overseas procuring activities for further exceptions or additions will be addressed to the Director, Office of Management Operations, Negotiated indirect cost rates may be established in a Negotiated Indirect Cost Rate Agreement (Form AID 1420-47) as set forth in AIDPR 7-16.9, executed by both parties. Such Agreement is automatically incorporated in each contract or grant or other agreement between the parties and shall specify (a) the final rate(s), (b) the base(s) to which the rate(s) apply, (c) the period(s) for which the rate(s) apply, (d) the items treated as direct costs, and (e) the contracts and/or grants and/or other agreements to which the rate(s) apply. The Negotiated Indirect Cost Rate Agreement shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance provided for in each contract or grant or other agreement between the parties. [38 FR 28670, Oct. 16, 1973] Subpart 7-3.8-Price Negotiation Policies and Techniques § 7-3.807-2 Requirements for price or cost analysis. §7-3.807-50 Offeror's analysis of cost proposal. (a) The "Offeror's Analysis of Cost Proposal" form contained in AIDPR 7-16.955 provides for a standardized analysis of estimated costs, suitable for detailed review, to be submitted by an offeror. Except as provided in paragraph (b) of this section, the form contained in AIDPR 7-16.955 shall be used for all negotiated procurements for which written cost or pricing data is required under FPR 1-3.807-3, and may be used in other procurements at the discretion of the Contracting Officer. The offeror must also submit supplementary information as detailed on the form. (b) The contractor or prospective contractor may submit the information required by the form set forth above in a different format, acceptable to the contracting officer, when required for a more effective and efficient presentation of cost or pricing information, or when the contractor's or subcontractor's accounting system makes the use of the prescribed format impracticable: Provided, That in such cases the information furnished includes pertinent details as to cost elements and the specific statements, authorization, and certification required by the prescribed format. [35 FR 11392, July 16, 1970] 87-4.1003 Public announcements. (a) To ensure the broadest publicity concerning the Government's interest in obtaining architect-engineer services, the contracting officer shall develop notices in accordance with FPR 1-1.1003 with respect to individual projects. (b) A Contractor's Index is maintained in Washington by the AID Small Business Office. Architect-engineers wishing to perform contracts for AID should file the appropriate form with that office, as provided in AIDPR 7-1.1001 (b). Procurements are publicized in the "Department of Commerce Synopsis", as provided in FPR 1-1.10 and AIDPR 7-1.10. 87-4.1004-1 Establishment of architectengineer evaluation boards. (a) The Director, Office of Engineering, or the chief engineer at an AID mission is the designated representative of the Agency head for the establishment of architect-engineer evaluation boards. (b) No firm or organization shall be eligible for consideration for a contract where its principals or associates |