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 Material Resources 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 1-1.0.

§ 7-1.103 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.

§ 7-1.104-1 Relation to Federal Procurement Regulations System.

(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. 1PR 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 Internal.

AIDPR will be published in loose-leaf form for internal distribution.

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 temporary, interim, and emergency procurement instructions. Such notices will be prepared by the Assistant Administrator for Material Resources. § 7-1.104-5

Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator for Material Resources and, under him, to the Associate Assistant Administrator for Material Resources (Procurement) or such other officer as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the heads of AID/ Washington procuring activities, the General Counsel, and such other offices as may be appropriate.

§ 7-1.105

Arrangement.

§ 7-1.105-1 Citation.

Any section of AIDPR may be identified by "AIDPR" followed by the section number. Only those sections of the regulations which have been published in the FEDERAL REGISTER may properly be incorporated in contracts by reference. In such references, the sections may be cited as "41 CFR" followed by the section number, as "41 CFR 7-1.105-1". § 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 Associate Assistant Ad

ministrator

for Material

Resources (Procurement). Insofar as possible, such material will be numerically keyed to the AIDPR.

§ 7-1.107 Deviation.

(a) Deviation (as defined in FPR 11.009-1) from the FPR and AIDPR shall be controlled as follows:

(b) Requests for deviation may be initiated by the heads of AID contract offices. Such requests will cite the specific part or section of FPR or AIDPR from which it is desired to deviate, shall set forth the nature of the deviation, and shall give the reasons why such action is considered necessary or desirable. Requests shall be submitted, subject to such clearances and approvals as may be required by the procuring activity, to the Associate Assistant Administrator for Material Resources (Procurement) for comment.

with

(c) Assistant Administrators cognizance over the procuring activities, including one principal deputy designated by each, may approve deviations. Approval will be granted only when exceptional and special circumstances indicate that such action is clearly in the best interest of the Government. A record of the nature of each such deviation, the justification for it, and the approval will be included in the contract file. copy of such record will be forwarded without delay to the Associate Assistant Administrator for Material Resources (Procurement), who is responsible for maintaining a central record of all deviations that are granted.

Subpart 7-1.2-Definition of Terms § 7-1.202

Executive agency.

A

"Executive agency" includes the Agency for International Development (AID) and its predecessor agencies, including the International Cooperation Administration.

§ 7-1.204 Head of the agency.

"Head of the agency" means, for AID, the Administrator, Deputy Administrator, Assistant Administrator for Administration, Assistant Administrator for Material Resources, the Assistant Administrators in charge of regional

before a decision is issued. There are contracts for which AID has administrative responsibility which designate an official other than the Contracting Officer to make the decision. In such cases, the decision must be made by the designated officer, or the legal successor to the office, unless the contract is modified to provide for a decision by the Contracting Officer. The AID contract appeal procedure is in Part 7-60 of AIDPR. The paragraph set forth in FPR 1-1.318 may be modified, as appropriate, with the title "Administrator" inserted in the blank space, unless the right of appeal is to an officer other than the Administrator. Subpart 7-1.4-Procurement Responsibility and Authority

§ 7-1.400 Scope of subpart.

This subpart describes the procurement responsibilities and authorities in AID.

Except as otherwise prescribed, the head of each procuring activity (as defined in AIDPR 7-1.206) is responsible for the procurement of supplies and services under or assigned to the procurement cognizance of his activity. The heads of AID/Washington procuring activities are vested with broad authority to carry out the programs and activities for which they are responsible. This authority includes procurement and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to Government-wide and AID requirements and restrictions. See AIDPR 7-1.106. § 7-1.451-2 Designation of Contracting Officers.

The head of each procuring activity is authorized, except as limited in delegations of authority, regulations, or otherwise, to designate Contracting Officers. Copies of delegations and designations, and terminations thereof, will be furnished to the Assistant Administrator for Material Resources and to the Assistant Administrator for Administration, each of whom will keep a current record of all officers and individuals authorized to act as AID Contracting Officers.

§ 7-1.451-3 AID/Washington procuring activities.

The procuring activities located in Washington are the regional bureaus, the General Services Division, and the Contract Services Division. Subject to delegations of authority from the Administrator, the regional bureaus are responsible for procurement related to programs and activities for their areas. There are 4 regional bureaus. The regions for which they are responsible are: Near East-South Asia, Africa, Far East, and Latin America. They are headed by Assistant Administrators of AID (For the purpose of AIDPR, the Bureau for Latin America is headed by the U.S. Coordinator and the Deputy U.S. Coordinator of the Alliance for Progress.) The General Services Division, which is under the Assistant Administrator for Administration, carries out administrative and program support procurements. The Contract Services Division, which is under the Assistant Administrator for Material Resources, carries out all other procurements which do not fall within the responsibility of the other procuring activities or which are otherwise assigned to it, including programs for which the Office of Technical Cooperation and Research has responsibility. General delegations to AID/Washington procuring activities are published in the FEDERAL REGISTER and in chapter 100 of the AID Manual.

§ 7-1.451-4 Limitation on Overseas field procuring activities.

Missions (as defined in AIDPR 71.258) are overseas procuring activities. Their authority, except in the case of contracts with individuals for the services of the individual alone, is limited to contracts which, with amendments, do not involve AID financing above $25,000 (in dollars or equivalent). Where circumstances warrant, this limitation may be waived by the Assistant Administrator in charge of a regional bureau, or his designate, who will formally notify the Assistant Administrator for Material Resources and the Assistant Administrator for Administration of such waivers (and their recision) and will furnish to them a copy of each waiver with the regional Assistant Administrator's, or his delegate's, written finding that the affected overseas field

§ 7-1.453-2

Assistant Administrator for Material Resources.

Within the principles stated above, and subject to the direction of the Administrator, the Assistant Administrator for Material Resources is responsible for the development and maintenance of necessary uniform procurement policies, procedures, and standards; for providing assistance to the procuring activities as appropriate; for keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention; and for making recommendations as appropriate. § 7-1.454 Controller.

The Controller of AID is responsible for the provision of necessary financial advisory, audit, disbursement, and other

See also AID Regulation 8, which is published as Part 208 of Title 22 of the Code of Federal Regulations and is also set out as AID Manual Order 1414.13. Regulation 8 applies to certain transactions financed by AID which do not fall within the coverage of AIDPR as described in AIDPR 7-1.103. The terms of actions taken against suppliers under Regulation 8 will be applied to those suppliers with respect to procurements covered by AIDPR. § 7-1.602

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

The Associate Assistant Administrator for Material Resources (Procurement) will establish and maintain the consolidated list required by FPR 1-1.602. § 7-1.602-1 Bases for entry on the de

barred, suspended, and ineligible list. Persons named on the "List of Ineligible Suppliers" established by Regulation 8 will also be included on the consolidated list required by FPR 1-1.602. The basis for so including debarred firms is FPR 1-1.602-1(d). The basis for so including suspended firms is FPR 11.602-1(f). The consolidated list will indicate that the firm is included because it is on the Regulation 8 list.

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

With reference to FPR 1-1.604 (b) (1) and FPR 1-1.604 (c) (1), authority to approve, remove, or reduce the period of de