Subpart 7-1.6-Debarred, Suspended, and
Ineligible Bidders

7-1.600 Scope of subpart.

7-1.602 Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible.

7-1.602-1 Bases for entry on the debarred, suspended, and ineligible list.

7-1.604 Causes and conditions applicable to determination of debarment by an executive agency.

7-1.604-1 Procedural requirements relating to the imposition of debarment. 7-1.605 Suspension of bidders.

7-1.605-2 Period and scope of suspension. 7-1.605-3 Notice of suspension.

7-1.605-5 Restrictions during period of suspension.

7-1.606 Agency procedure.

Subpart 7-1.7-Small Business Concerns 7-1.702 Small business policies.

7-1.704 Agency program direction and op

Executive order 11223, and established AID policies on procurement as set forth in Supplement B to AID Handbook 1. The AIDPR provides for the codification and publication of procedures for the procurement of services and personal property by AID. [42 FR 27601, May 31, 1977]

§ 7-1.102 Authority.

AIDPR is prepared by the Assistant Administrator for Program and Management Services by direction of the Administrator of AID pursuant to the Foreign Assistance Act of 1961, complies with the Federal Procurement Regulations System, and implements and supplements the Federal Procurement Regulations (FPR). See FPR 11.0.

[30 FR 12968, Oct. 12, 1966, as amended at 38 FR 28665, Oct. 16, 1973]

§ 7-1.103 Applicability.

(a) Unless a deviation is specifically authorized in accord with AIDPR 71.107, or unless otherwise provided, FPR and AIDPR apply to all procurements (regardless of currency of payment) of personal property and nonpersonal services to which AID is a direct party. This regulation does not apply to procurements by other parties, such as borrowers and grantees, which are financed under programs administered in whole or part by AID, nor to contracts entered into jointly by AID and the borrower or grantee to make a procurement from a third source for an overseas program or activity.

(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 Management Operations. Administrative and local support services include 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 FR 12968, Oct. 12, 1965, as amended at 35 FR 7964, May 23, 1970; 38 FR 28665, Oct. 16, 1973]

§ 7-1.104 Issuance.

§ 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 [Reserved]

87-1.104-3 Public.

Those parts of AIDPR which contain basic and significant policies and procedures considered to be of interest to the general public will be published in the daily issues of the FEDERAL REGISTER and, in cumulated form, in the Code of Federal Regulations. Copies of AIDPR in FEDERAL REGISTER and Code of Federal Regulations form may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

§ 7-1.104-4 AIDPR Notices.

AIDPR Notices will be used to promulgate changes to the AIDPR. Such Notices will be prepared by the Assistant Administrator for Program and

Management Services.

[41 FR 21639, May 27, 1976]

§ 7-1.104-5 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator

for Program and Management Services, and under him, to the Director, Office of Contract Management, or such other office as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate.

[38 FR 28665, Oct. 16, 1973]

§ 7-1.105 Arrangement. 87-1.105-1 Citation.

Any section of the AIDPR may be identified by "AIDPR" followed by the section number. Since the AIDPR is published in the FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation "41 CFR" followed by the section number, as "41 CFR 7-1.105-1."

[38 FR 28665, Oct. 16, 1973]

87-1.105-2 Appendices.

Procurement policies and instructions which are essentially informational or procedural may be issued as Appendices to the AIDPR. Appendices are filed behind the main text of the AIDPR in a section entitled "Appendices." The Appendices section contains a table of contents and individual Appendices. The Appendices are identified by letter and subject title (e.g., Appendix A, [title]).

[39 FR 36965, Oct. 16, 1974]

§ 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 Contract Management. Insofar as possible, such material will be numerically keyed to the AIDPR.

[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28665, Oct. 16, 1973]

87-1.107-1 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 FR 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 FR 14844, Oct. 26, 1967]

§ 7-1.107-3 Procedure.

(a) Deviation from 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 head of the procuring activity. 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 head of the procuring activity.

(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 head of the procuring activity. Prior to submission of the deviation request to the head of the procuring activity for approval, the Contracting Officer shall obtain written comments from the Office of Contract Management, Support Division. The Support Division shall normally be allowed at least five working days prior to the submission of the deviation request to the head of the procuring activity to review the request and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter review period. In addition to a copy of the deviation request, the Support Division shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.

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

(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 head of the procuring activity, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The head of the procuring activity shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, the Office of Contract Management, Support Division, 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 the Office of Contract Management, Support Division shall be allowed at least ten working days prior to the submission of the deviation request to the head of the procuring activity 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 the Support Division for a shorter review and coordination period. The comments of GSA and the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.

(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 rescinded, 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 as

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