Subpart 7-1.7-Small Business § 7-1.702 Concerns Small business policies. § 7-1.702-50 Additional AID policy. Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of the Foreign Assistance Act, AID assists United States small business to participate equitably in the furnishing of supplies and services for Foreign Assistance activities: (1) by causing information to be made available to suppliers in the United States, and particularly small independent enterprises, as far in advance as possible, with respect to purchases for such activities (see AIDPR 7–1.1001); (2) by causing information to be made available to prospective purchasers in cooperating countries about supplies and services produced by small independent enterprises in the United States; and (3) by providing for additional services to give small business better opportunities to participate in the furnishing of supplies and services for Foreign Assistance activities. The Special Assistant for Small Business, who heads the AID Office of Small Business, coordinates AID's efforts to assist small business. Subpart 7-1.10-Publicizing § 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, A.I.D. 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) Also, a Contractor's Index is maintained in Washington by the A.I.D. Office of Small Business. Prospective Contractors wishing to perform contracts for A.I.D. should file AID Form 1420-6 (Management Consultant Questionnaire), 1420-5 (Architect-Engineer Questionnaire), 1420-19 (Urban and Regional Planner Consultant Question naire) or 1420-7 (Construction Contractor's Questionnaire), as appropriate with the Office of Small Business, Agency for International Development, Washington, D.C. 20523 and should keep current the information so filed. (3) Prospective contractors who are interested in specific future procurements about which notice has been given, either through the Commerce Business Daily or otherwise, should submit an indication of their interest or a proposal to the cognizant A.I.D. office, as directed in the notice. In addition, the prospective contractor should forward the appropriate AID Form (1420-5, 1420-6, 1420-19, or 1420-7) to the A.I.D. Office of Small Business, if a form has not previously been filed. [30 F.R. 12968, Oct. 12, 1965, as amended at 35 F.R. 3807, Feb. 27, 1970] § 7-1.1003 Synopses of proposed pro curements. § 7-1.1003-2 General requirements. The exemption stated in FPR 1-1.10032(a) (7) for personal or professional services may be used only with respect to (1) procurements of personal services; (2) procurements of professional services which do not exceed $25,000; (3) procurements of professional services made on a sole source basis under which subcontracting or purchasing by the Contractor will not exceed $5,000; and (4) procurements of professional services with respect to which a Contracting Officer finds and states his supporting reasons in writing that such publication is not in the best interest of the Government, taking into consideration the policies stated in FPR 1-1.001 and AIDPR 7-1.1001. § 7-1.1003-7 tal. Preparation and transmit (a) The notice should state if the procurement will be limited to commercial sources or not. Language substantially as follows should be used as appropriate: "Procurement will be limited to commercial sources" or "Noncommercial, non-Federal sources are not excluded from consideration". (b) Notices of sole source procurements may be provided substantially as follows: (1) For unsolicited proposals: Negotiations will be conducted with (Name and address of firm) for (Description of articles or services) on the basis of an unsolicited proposal submitted by this firm. AUTHORITY: The provisions of this Part 7-2 issued under 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 Administration is the designated central authority to make the determinations described in FPR 1-2.406-3. [30 F.R. 12971, Oct. 12, 1965, as amended at 32 F.R. 8468, June 14, 1967] § 7-2.406-4 Disclosure of mistakes after award. The Assistant Administrator for Administration is the designated central authority to make the determinations described in FPR 1-2.406-4, [30 F.R. 12971, Oct. 12, 1965, as amended at 32 F.R. 8468, June 14, 1967] 7-3.215 Negotiation Scope of subpart. Negotiation authority. Personal or professional services. Services of educational institu tions. Experimental, developmental, or research work. Purchases not to be publicly disclosed. Technical equipment requiring and inter standardization changeability of parts. Otherwise authorized by law. Subpart 7-3.3-Determinations, Findings, and 7-3.903-2 Procedures Review and approval of Con tractor's purchasing system and subcontracts. Review and approval of subcontracts. AUTHORITY: The provisions of this Part 7-3 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-3 appear at 30 F.R. 12971, Oct. 12, 1965, unless otherwise noted. Subpart 7-3.1-Use of Negotiation § 7-3.101 General requirements for ne gotiation. § 7-3.101-50 Noncompetitive negotiations. (a) The requirement for securing competition to the maximum practical extent does not require formal solicitation of proposals from more than one prospective offeror for architect-engineer services (see AIDPR 7-4.2), for services to be performed by the Contractor in person, for procurements limited to nonprofit or government entities without fee, for procurements which do not exceed $25,000 by an overseas procuring activity, and for procurements with respect to which the Contracting Officer determines there is only one reasonably available source. (b) In addition, contracts may be negotiated without formal solicitation of proposals from more than one offeror, if the head of the procuring activity (this authority is not delegable except to his chief deputy) makes a written determination, with supporting findings, that procurement on another basis would impair foreign aid objectives and would be inconsistent with fulfillment of the purposes of the foreign aid program. Such determinations and findings shall be included in the contract file. (c) Consideration of as many sources as is practicable, including informal solicitation to the greatest reasonble extent, is required even though formal solicitation of proposals from more than one offeror is not called for. (d) The contract file in each case of noncompetitive negotiation will include appropriate explanation and support. § 7-3.102 Factors to be considered in negotiating contracts. Location in a surplus or scarce labor area refers to United States locations only. 87-3.102-50 Adaptability to overseas conditions. 633 of the Foreign Assistance Act of 1961, as amended, and Executive Order 11223, May 12, 1965, 30 F.R. 6635 (see FPR 1-3.215). Contracts will not be negotiated, however, unless they fall within one of the circumstances permitting negotiation enumerated in FPR 1-3.2011-3.214, which will be identified in the contract file, with support as called for or as otherwise appropriate. (b) For purpose of the contract file, if supplies and services are procured and used outside the United States, FPR 1-3.206 will be the pertinent supporting citation. All university contracts with U.S. educational institutions will be treated under FPR 1-3.205 for this purpose. Most other negotiated contracts for training and professional advice and assistance will fall within the scope of FPR 1-3.204 and 1-3.210. [30 F.R. 12971, Oct. 12, 1965, as amended at 32 FR. 8468, June 14, 1967] Prior authorization must be obtained from the Administrator for negotiation of research or other contracts in connection with "Development Research" programs under section 241 of the Foreign Assistance Act of 1961, as amended. Negotiation of contracts which are of the kind described in FPR 1-3.211 and which do not fall within the scope of FPR 1-3.205 require prior authorization from the head of the agency, including any Assistant Administrator (see FPR 1-1.204 and 1-3.303). [30 F.R. 12971, Oct. 12, 1965, as amended at 31 F.R. 11030, Aug. 19, 1966] § 7-3.212 Purchases not to be publicly disclosed. The determination may be made by the head of the agency, including any § 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 adapated 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 Administrative Services, AID/Washington, for coordination with General Services Administration and the Treasury Department. [30 F.R. 12971, Oct. 12, 1965, as amended at 35 F.R. 11392, July 16, 1970] Subpart 7-3.8-Price Negotiation § 7-3.805 Selection of offerors for negotiation and award. § 7-3.805-1 General. See AIDPR Subpart 7-4.2 regarding architect-engineer services. § 7-3.807-2 Requirements for price or cost analysis. [34 F.R. 76, Jan. 3, 1969] § 7-3.807-2(c) 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 F.R. 11392, July 16, 1970] § 7-3.807-3 Cost and pricing data. Requirements for cost or pricing data: Contracts with nonprofit educational institutions for overseas technical assistance or for research work will be treated the same for this purpose as basic research contracts with such institutions. The head of the agency includes any Assistant Administrator. [35 F.R. 11392, July 16, 1970] AUTHORITY: The provisions of this Part 7-4 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-4 appear at 30 F.R. 12973, Oct. 12, 1965, unless otherwise noted. Subpart 7-4.2-Architect-Engineer Services § 7-4.200 Scope of subpart. This subpart prescribes policy and procedures for the procurement by contract of the services of architects and engineers for the preparation of designs, plans, drawings, specifications, and cost estimates, and for supervision and inspection services. Such services are referred to as architect-engineer services, and term "architect-engineer" refers to architects and to engineers and to architect-engineer firms engaged to perform architect-engineer services. § 7-4.201 Policy. AID follows established U.S. Government policy and practice in the procurement of architect-engineer services under direct contract. The selection of an architect-engineer is not based on price competition, but rather on the professional qualifications necessary for satisfactory performances of the services required, subject to distribution of contracts among as many qualified firms as is consistent with prompt and effective performance and subject to the prohibition stated in AIDPR 7-4.205 against engaging a Contractor which wishes to be eligible to perform construction work on the facility or facilities for which the architect-engineer services are required. § 7-4.202 Contractors' Index. A Contractors' Index is maintained in Washington by the AID Office of Small Business (see AIDPR 7-1.1001). 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 Com |