barment is limited to the Administrator, Deputy Administrator, and Assistant Administrator for Material Resources. § 7-1.605 Suspension of bidders. § 7-1.605-2 Period and scope of suspension. Suppliers suspended because they have been suspended under Regulation 8 will remain suspended for the period that their Regulation 8 suspension is in effect. § 7-1.605-3 Restrictions during period of suspension. Determinations called for under FPR 1-1.605-3(a) will be made by the Administrator, by the Deputy Administrator, or by the Assistant Administrator for Material Resources or an officer designated by him. § 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) To carry out this mandate, as well as the purposes stated in FPR 1-1.1001, AID seeks maximum practicable publicity for its procurements through the "Department of Commerce Synopsis" and other media, including publications issued by the AID Office of Small Business. § 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 1-1.1001 and AIDPR 7-1.1001. § 7-1.1003-7 Preparation and transmittal. (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 "Noncommerical, 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. This notice is issued for the information of prospective subcontractors. (2) For other sole source procurements: Negotiations will be conducted with (Name and address of firm) for (Description of articles or services). This notice is issued for the information of prospective subcontractors. No RFP is available. § 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 reasonable 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. § 7-3.102-50 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. § 7-3.200-50 Negotiation authority. (a) 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 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 1-3.201— 1-3.214, which will be identified in the contract file, with support as called for or as otherwise appropriate. (See FPR 1-1.313 and AIDPR 7-1.313 with regard to the contract file.) (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. § 7-3.204 Personal or professional services. Prior clearance with the General Services Administration is not required with respect to buildings or improvements located outside the United States. § 7-3.205 tutions. Services of educational insti Prior authorization must be obtained from the Administrator for negotiation . of research or other contracts in connection with "Development Research" under section 241 of the Foreign Assistance Act of 1961, as amended. § 7-3.211 Experimental, developmental, or research work. 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. Ne gotiation 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). The reporting requirement stated in FPR 1-3.211(c) does not apply because all AID negotiated contracts are negotiated pursuant to section 633 of the Foreign Assistance Act of 1961, as amended, and Executive Order 11223, May 12, 1965, 30 F.R. 6635. § 7-3.212 Purchases not to be publicly disclosed. The determination may be made by the head of the agency, including any Assistant Administrator (see FPR 1-1.204 and 1-3.303). § 7-3.213 Technical equipment requir ing standardization and interchangeability of parts. The determination and findings may be made by the head of the agency, including any Assistant Administrator (see FPR 1-1.204 and 1-3.303). § 7-3.215 Otherwise authorized by law. See AIDPR 7-3.200-50. Subpart 7-3.3-Determinations, § 7-3.305 Form and requirements of determinations and findings. AID has not prescribed forms for detailed determinations and findings. § 7-3.308 Preservation of data. Determinations and findings will be kept in the contract file. Subpart 7-3.6-Small Purchases § 7-3.600 Scope of subpart. The $2,500 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. § 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 re |