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CHAPTER 7-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Part
7-1 General.
7-2 Procurement by formal advertising.
7-3

Procurement by negotiation.
74 Special types and methods of procurement.
7-5 Special and directed sources of supply.
7-6 Foreign purchases.
7-7 Contract clauses.
7-8 Termination of contracts.
7-10 Bonds and insurance.
7-12 Labor.
7-13 Government property.
7-15 Contract cost principles and procedures.
7-16 Procurement forms.
7-17 Extraordinary contractual actions to facilitate the national defense.
7-30 Contract financing.
7–60 Contract appeal procedure.

PART 7-1--GENERAL

Subpart 7-1.1-Introduction Sec. 7-1.101 Purpose. 7–1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procurement

Regulations System. 7–1.1042 Internal. 7–1.1043 Public. 7-1.1044 AIDPR notices. 7-1.104-5 Responsibility. 7-1.105 Arrangement. 7-1.105-1 Citation. 7-1.106 Implementation within AID pro

curing activities.
7-1.107 Deviations from Federal Pro-

curement Regulations (FPR)
and Agency for International
Development Procurement
Regulations (AIDPR).

Sec.
7-1.107-1 Description.
7–1.107-2 Policy.
7–1.107-3 Procedure.

Subpart 7-1.2-Definition of Terms
7-1.202 Executive agency.
7–1.204 Head of the agency.
7–1.205 Procuring activity.
7-1.206 Head of the procuring activity.
7-1.209 Procurement.
7-1.251 AID.
7-1.252 Administrator.
7-1.253 Assistant Administrator.
7-1.254 Borrower, grantee, borrower/

grantee. 7-1.255 Cooperating country. 7-1.256 Foreign Assistance Act. 7-1.257 Government, Federal, State, local

and political subdivisions, 7-1.258 Mission. 7-1.259 Overseas.

41

Subpart 7-1.3—General Policies Sec. 7-1.305 Specifications. 7-1.305-2 Exceptions to mandatory use of

Federal Specifications. 7-1.305-3 Deviations from Federal Specii

cations. 7-1.306 Standards. 7-1.306-1 Mandatory use and application

of Federal Standards. 7-1.310 Responsible prospective Con.

tractor. 7-1.310-7 Information regarding responsi

bility. 7-1.310-10 Performance records. 7-1.311 Priorities, allocations, and allot

ments. 7-1.313 Record of contract actions. 7-1.318 Contracting Officer's decision

under a disputes clause. Subpart 7-1.4-Procurement Responsibility and

Authority 7-1.400 Scope of subpart. 7-1.451 Procuring activities. 7–1.451-1 General. 7-1.451-2 Designation of Contracting Off

cers. 7-1.451-3 AID/Washington procuring ac

tivities. 7-1.451-4 Limitation on overseas field pro

curing activities. 7-1.452 Contracting Officers. 7-1.452-1 Authority. 7-1.452-2 Responsibilities. 7-1.453 Procurement policy. 7-1.453-1 General. 7-1.453-2 Assistant Administrator for Ad

ministration. 7-1.454 Controller. 7-1.455 General counsel. 7-1.456 Auditor General.

Sec. 7-1.605-3 Restrictions during period

of suspension. 7-1.605-4 Notice of suspension. 7-1.606

Agency procedure. Subpart 7-1.7—Small Business Concerns 7-1.702

Small business policies. 7-1.702-50 Additional AID policy. Subpart 7-1.10% Publicizing Procurement Actions 7-1.1001

General policy. 7-1.1003

Synopses of proposed pro

curements. 7-1.1003-2 General requirements. 7-1.1003–7 Preparation and transmittal.

AUTHORITY: The provisions of this part 7–1 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

SOURCE: The provisions of this part 7-1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.

Subpart 7-1.17 Introduction 87-1.101 Purpose.

This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Agency for International Development (AID). $ 7-1.102 Authority.

AIDPR is prepared by the Assistant Administrator for Administration by direction of the Administrator of AD 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 1-1.0. (30 F.R. 12968, Oct. 12, 1965, as amended at 32 FR. 8467, June 14, 1967) 87–1.103 Applicability.

Unless a deviation is specifically authorized in accord with AIDPR 7-1.107, or unless otherwise provided, FPR and AIDPR apply to all procurements (regardless of currency of payment) of personal property and non-personal 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.

Subpart 7-1.5—Contingent Fees 7-1.507 Use of Standard Form 119. 7-1.507-3 Exceptions. 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 de

clared 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(a)-1 Notice received. 7-1.604-1(b)-1 Debarment without a hear

ing. 7-1.604-1(b)-2 Date of the hearing. 7-1.604-1(b)-3 Hearing Examiner. 7-1.604-1(b) 4 Report to the Administrator. 7-1.604-1(b)-5 Findings. 7-1.604-1(b)-6 Recommendations. 7-1.605

Suspension of bidders. 7-1.605-2 Period and scope of suspen

sion.

At Missions where joint administrative § 7-1.104–4 AIDPR notices. services are arranged, procuring offices

AIDPR notices will be used to promulmay apply the Department of State Pro

gate temporary, interim, and emergency curement Regulations (DOSPR) /FPR

procurement instructions. Such notices for all administrative and technical sup

will be prepared by the Assistant Adminport procurement except in defined

istrator for Administration. areas. The defined areas and administra

(30 F.R. 12968, Oct. 12, 1965, as amended at tive guidelines for procurement will be 32 FR. 8467, June 14, 1967) furnished to the overseas Missions by the Office of Administrative Services A/AS. 87-1.104–5 Responsibility, Administrative and local support serv- Responsibility for the development ices include the procurement account

and maintenance of AIDPR is assigned ability, maintenance and disposal of all to the Assistant Administrator for Adoffice and residential equipment and ministration and, under him, to the Difurnishings, vehicles and expendable rector, Ofice of Procurement or such supplies purchased with administrative other officer as the Assistant Adminisand/or technical support funds, either trator may designate. Amendments and dollars or local currency.

revisions will be prepared in coordina(30 F.R. 12968, Oct. 12, 1965, as amended at tion with the heads of AID/Washington 35 F.R. 7964, May 23, 1970]

procuring activities, the General Coun

sel, and such other offices as may be § 7-1.104 Issuance.

appropriate. $ 7–1.104–1 Relation to Federal Pro (30 F.R. 12968, Oct. 12, 1965, as amended at

curement Regulations Systems. 32 F.R. 8467, June 14, 1967) (a) The Federal Procurement Regula- $ 7-1.105 Arrangement. tions System brings together, in Title 41

87-1.105–1 Citation. of the Code of Federal Regulations, the procurement regulations that apply to

Any section of AIDPR may be identi

fied by “AIDPR" followed by the secall civilian agencies of the Government. FPR is Chapter 1 of Title 41. AIDPR is

tion number. Only those sections of the

regulations which have been published in Chapter 7. (b) FPR will be divided into 49 parts,

the FEDERAL REGISTER may properly be and Parts 1 through 49 of AIDPR will

incorporated in contracts by reference.

In such references, the sections may be expand upon or modify the policies and procedures included in FPR. Material

cited as “41 CFR” followed by the sec

tion number, as “41 CFR 7-1.105–1”. issued in the first 49 parts of AIDPR will be numerically keyed to the correspond- § 7-1.106 Implementation within AID ing sections of FPR. Parts 50 through procuring activities. 99 of AIDPR will be used for procurement The heads of the various AID procurpolicies and procedures for which FPR ing activities may issue operating inhas or is not expected to have a counter- structions and procedures consistent part. See FPR 1-1.0.

with FPR, AIDPR, and other Agency $ 7-1.104–2 Internal.

regulations, policies, and procedures for

application within their organizations. AIDPR will be published in loose-leaf One copy of each such issuance shall be form for internal distribution.

forwarded to the Director, Office of Pro

curement. Insofar as possible, such ma$ 7–1.104–3 Public.

terial will be numerically keyed to the Those parts of AIDPR which contain

AIDPR. basic and significant policies and proce- (30 F.R. 12968, Oct. 12, 1965, as amended at dures considered to be of interest to the

32 F.R. 8467, June 14, 1967) general public will be published in the 7-1.107 Deviations from Federal Prodaily issues of the FEDERAL REGISTER and, curement Regulations (FPR) and in cumulated form, in the Code of Fed

Agency for International Development

Procurement eral Regulations. Copies of AIDPR in

Regulations FEDERAL REGISTER and Code of Federal

(AIDPR). Regulations form may be purchased from

(32 F.R. 14844, Oct. 26, 1967) the Superintendent of Documents, Gov- $ 7–1.107–1 Description. ernment Printing Office, Washington, The provisions of FPR 1-1.009–1 deD.C. 20402.

fining 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 & 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 F.R. 14844, Oct. 26, 1967) 87-1.107-2 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 F.R. 14844, Oct. 26, 1967) § 7-1.107–3 Procedure.

(a) Deviation from the FFR 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 Assistant Administrator having cognizance over the procuring activity or by a principal deputy designated by the Assistant Administrator. 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 approving Assistant Administrator.

(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 approving Assistant Administrator. Prior to submission of the deviation request to the Assistant Administrator for approval, the Contracting Officer shall obtain written comments from the Office of Procurement, Contract Services Division (PROC/CSD). PROC/CSD shall normally be allowed at least five working days prior to the submission of the deviation request to the approving Assistant Administrator, to review these requests and to submit comments. If

the exigency of the situation requires more immediate action, the requesting office may arrange with PROC/CSD for a shorter review period. In addition to a copy of the deviation request, PROC/ CSD shall be furnished any background or historical data which will contribute to a fuller understanding of the deviation. PROC/CSD's comments shall be made a part of the deviation request file which is forwarded to the approving Assistant Administrator.

(3) Coordination with the Ofice of General Counsel, as appropriate, should also be effected prior to approval of a deviation by the approving Assistant Administrator.

(b) Class deviations from the FPR or ADPR: 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 approving Assistant Administrator, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The approving Assistant Administrator shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, PROC/CSD 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 PROC/CSD shall be allowed at least 10 working days prior to the submission of the deviation request to the approving Assistant Administrator, 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 PROC/CSD for a shorter review and coordination period. GSA's and PROC/CSD's comments shall be made a part of the deviation request file which is forwarded to the approving Assistant Administrator;

(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 con. contractor's name, contract number and tract.

task order number (if appropriate). (5) Unless the approval is sooner re: (3) The report shall cover the 6scinded, class deviations shall expire 2 month periods ending June 30 and Deyears from the date of approval provided cember 31, respectively, and shall be that deviation authority shall continue submitted within 20 working days after to apply to contracts or task orders which the end of the reporting period. are active at the time the class deviation [32 F.R. 14844, Oct. 26, 1967) expires. Authority to continue the use of such deviation beyond 2 years may be re

Subpart 7-1.2-Definition of Terms quested in accordance with the proce- 87–1.202 Executive agency. dures prescribed in paragraph (a) of this section.

"Executive agency” includes the (6) Expiration dates shall be shown

Agency for International Development on all class deviations.

(ADD) and its predecessor agencies, in(c) Requests for deviations shall con

cluding the International Cooperation

Administration. tain a complete description of the deviation, the effective date of the deviation, § 7–1.204

Head of the agency. the circumstances in which the deviation

"Head of the agency" means, for AD, will be used, a specific reference to the

the Administrator, Deputy Administraregulation being deviated from, an indi

tor, Assistant Administrator for Admincation as to whether any identical or sim

istration. The Assistant Administrators ilar deviations have been approved in the

in charge of regional bureaus, and the past, a complete justification of the de

U.S. Coordinator and the Deputy U.S. viation including any added or decreased

Coordinator for the Alliance for Progcost to the Government, the name of the

ress. contractor, and the contract or task order number.

(30 F.R, 12968, Oct. 12, 1965, as amended at

32 F.R. 8467, June 14, 1967) (d) Register of deviations: Separate registers shall be maintained by the pro- § 7-1.205 Procuring activity. cy ng activities of the deviations granted The procuring activities within AID from FPR and AIDPR. Each deviation

are (1) the AID/Washington procuring shall be recorded in its appropriate reg

activities, which are the regional bureaus, ister and shall be assigned a control num

the Office of Administrative Services, the ber as follows: The symbol of the pro

Contract Services Division; and (2) the curing office, the abbreviation “DEV”,

overseas field activities with procurement the fiscal year, the serial number (issued

authority, which include the Missions. in consecutive order during each fiscal

(30 F.R. 12968, Oct. 12, 1965, 32 F.R. 8467, year) assigned to the particular devia

as amended at 32 F.R. 8467, June 14, 1967) tion and the suffix "C" if it is a class deviation, e.g., LA-DEV-67-1, LA-DEV

87-1.206 Head of the procuring activ67-2c. The control number shall be em.

ity. bodied in the document authorizing the The heads of the procuring activities deviation and shall be cited in all refer- within AD are the Assistant Adminisences to the deviation,

trators in charge of regional bureaus, the (e) Central record of deviations: U.S. Coordinator and the Deputy U.S. Copies of approved deviations shall be Coordinator for the Alliance for Progfurnished promptly to the Office of Pro- ress, the Assistant Administrator for curement, PROC/CSD, who shall be Administration, and mission directors or responsible for maintaining a central other officers in charge of overseas field record of all deviations that are granted.

activities with procurement authority. (f) Semiannual report of class devia

(30 F.R. 12968, Oct. 12, 1966, 32 F.R. 8467, tions:

as amended at 32 F.R. 8467, June 14, 1967) (1) AID Contracting Officers shall & 7-1.209 Procurement. submit a semiannual report to PROC/

"Procurement" excludes contracts CSD of all contract actions effected

made by or in the name of an AID borunder class deviations to FPR or

rower or grantee. AIDPR which have been approved pursuant to paragraph (b) of this section.

§ 7-1.251 AID. (2) The report shall contain the ap- AID" means the Agency for Internaplicable deviation control number, the tional Development and its predecessor

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