706.003 Definitions. Procuring activity means "contracting activity", as defined in 702.170-3. [50 FR 40528, Oct. 4, 1985] Subparts 706.1-706.2 (Reserved) Subpart 706.3-Other Than Full 706.302-5 Authorized or required by statute. Annual appropriations acts authorize AID to contract with certain disadvantaged enterprises using other than full and open competition. The provisions implementing this authority are set forth in 706.302-71 and part 726. [58 FR 8702, Feb. 17, 1993] 706.302-70 Impairment of foreign aid programs. (a) Authority. (1) Citation: 40 U.S.C. 474. (2) Full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation. (b) Application. This authority may be used for: (1) An award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad; (2) An award of $250,000 or less by an overseas contracting activity; (3)(i) An award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program; or (ii) Awards for countries, regions, projects, or programs for which the Administrator of AID makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program. (4) Awards under AIDAR 715.613-70 (Title XII selection procedure-general) or 715.613-71 (Title XII selection procedure collaborative assistance). (c) Limitations. (1) Offers shall be requested from as many potential offerors as is practicable under the circumstances. (2) The contract file must include appropriate explanation and support justifying the award without full and open competition, as provided in FAR 6.303, except that determinations made under 706.302-70(b)(3) will not be subject to the requirement for contracting officer certification or to approvals in accord with FAR 6.304. (3) The authority in 706.302–70(b)(3)(1) shall be used only when no other authority provided in FAR 6.302 or AIDAR 706.302 is suitable. The specific foreign assistance objective which would be impaired must be identified and explained in the written determination and finding. Prior consultation with the Agency Competition Advocate (see 706.501) is required before executing the written determination and finding, and this consultation must be reflected in the determination and finding. [50 FR 40976, Oct. 8, 1985, and 50 FR 51395, Dec. 17, 1985, as amended at 54 FR 28069, July 5, 1989; 54 FR 46389, Nov. 3, 1989; 57 FR 5235, Feb. 13, 1992] 706.302-71 Small disadvantaged busi nesses. (a) Authority. (1) Citation: Fiscal year 1993 Foreign Operations, Export Financing, and Related Programs Appropriations Act, sec. 563. (2) Except to the extent otherwise determined by the Administrator, not less than ten percent of amounts made available for development assistance and for assistance for famine recovery and development in Africa shall be used only for activities of disadvantaged enterprises (as defined in 726.101). In order to achieve this goal, AID is authorized to use other than full and open competition to award contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals (small disadvantaged businesses as defined in 726.101), historically black colleges and universities, colleges and universities having a student body of which more than 40 percent of the students are Hispanic Americans, and private voluntary organizations which are controlled by individuals who are socially and economically disadvantaged, as the terms are defined in 726.101. (b) Application. This authority may be used only if the Agency determines in accordance with 726.103 that: (1) The acquisition is to be funded from amounts referred to in paragraph (a)(2) of this section; (2) Award of the acquisition to an eligible organization is appropriate to meet the requirement in paragraph (a)(2) of this section; and (3) After considering whether the acquisition can be made under the authority of section 8(a), award under section 8(a) is not practicable. (c) Limitations. (1) Offers shall be requested from as many potential offerors as is practicable under the circumstances. (2) Use of this authority is not subject to the requirements in FAR 6.303 and FAR 6.304, provided that the contract file includes a certification by the contracting officer stating that the procurement is being awarded pursuant to 706.302-71 and that the application requirements and limitations of 706.302-71 (b) and (c) have been complied with. [56 FR 27208, June 13, 1991, as amended at 58 FR 8702, Feb. 17, 1993] 706.303-1 Requirements. (a) (c) [Reserved] (d) AID project procurements are generally not subject to the Trade Agreements Acts of 1979 (see 725.403 of this chapter). To the extent procurements are made under the authority of FAR 6.302-3(a)(2)(i) or FAR 6.302-7 with Operating Expenses (OE) Funds, the Contracting Officer shall send a copy of the justification to the Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20506, ATTN: Director, International Procurement Policy. [50 FR 16086, Apr. 24, 1985] Subpart 706.5-Competition Advocates 706.501 Requirement. The AID Administrator delegated the authority to designate the agency competition advocate and a competition advocate for each agency procuring activity (see 706.003 of this part) to the AID Procurement Executive. The AID Procurement Executive, under the Administrator's delegation, has designated the M/OP Deputy Director for Policy, Evaluation and Support as the Agency's competition advocate and the deputy head (or equivalent) of each contracting activity as the competition advocate for each activity. The competition advocate for M/OP is the Deputy Director for Operations. If there is no deputy or equivalent, the head of the contracting activity is designated the competition advocate for that activity. The competition advocate's duties may not be redelegated, but can be exercised by persons serving as acting deputy (or acting head) of the contracting activity. For definitions of contracting activity and head of contracting activity, see 702.170-3 and 702.170-10, respectively. [59 FR 33446, June 29, 1994] PART 707-ACQUISITION PLANNING Subpart 707.1-Acquisition Plans(Reserved) PART 708-REQUIRED SOURCES OF SUPPLIES AND SERVICES AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. Subpart 708.1-Excess Personal Property 708.102-70 Policy. See AID Handbook 16, Excess Property. [49 FR 13240, Apr. 3, 1984] mines in writing that such usage is impractical or is likely to cause U.S. firms to experience significant inefficiencies or the loss of markets. (b) Authorization. (1) The AID Metric Executive (M/AS), the contracting officer, and the AID official who approves the procurement requirement (by signing a PIO/T or equivalent document) are authorized to waive the metric requirement for one of the above reasons. The AID Metric Executive is authorized to overrule a decision to grant a waiver, or to nullify a blanket waiver made by another approving official so long as a contractor's rights under an executed contract are not infringed upon. (2) A blanket waiver for a class of multiple transactions may be issued for a term not to exceed three years. (3) When a waiver will be based upon the adverse impact on U.S. firms, clearance from the AID Metric Executive (M/AS) and the Office of Small and Disadvantaged Business Utilization (SDB) will be obtained prior to authorization. (c) Records and reporting. (1) The basis for each waiver and any plans to adapt similar requirements to metric speci fications in future procurements should be documented in the contract file. (2) Each procurement activity will maintain a log of the waivers from the metric requirements which are authorized for its procurements. The logs shall list the commodity/service being procured, total dollar value of the procured item(s), waiver date, authorizing official, basis for waiver, and AID actions that can promote metrication and lessen the need for future waivers. (3) Within 30 days of the closing of each fiscal year, each AID/W procurement activity and each Mission will submit a copy of the metric waiver log for the year to the AID Metric Executive. (Mission logs are to be consolidated in a Mission report for the procurement activity and for the nonprocurement activities maintaining such logs under the AID Metric Transition Plan.) Repetitive purchases of commercially produced and marketed items and classes of items may be consolidated in reporting procurements that do not exceed $10,000 cumulatively during the reporting period. [57 FR 23321, June 3, 1992, as amended at 59 FR 33446, June 29, 1994] Sec. PART 715-CONTRACTING BY NEGOTIATION Subpart 715.5-Unsolicited Proposals 715.502 Policy. 715.504 Advance guidance. 715.506 Agency procedures and point of contact. 715.506-1 Receipt, and initial review. Subpart 715.6-Source Selection 715.605 Evaluation factors. 715.605-70 AID specific evaluation factors. 715.608-70 Proposal evaluation. 715.613 Alternative source selection procedures. 715.613-70 Title XII selection proceduregeneral. 715.613-71 Title XII selection procedurecollaborative assistance. AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. SOURCE: 49 FR 13240, Apr. 3, 1984, unless otherwise noted. Subpart 715.5-Unsolicited 715.502 Policy. (a) AID encourages the submission of unsolicited proposals which contribute new ideas consistent with and contributing to the accomplishment of the Agency's objectives. However, the requirements for contractor resources are normally quite program specific, and thus widely varied, and must be responsive to host country needs. Futher, AID's projects are usually designed in collaboration with the cooperating country. These factors can limit both the need for, and AID's ability to use unsolicited proposals. Therefore, prospective offerors are encouraged to contact AID to determine the Agency's technical and geographical requirements as related to the offeror's interests before preparing and submitting a formal unsolicited proposal. (b) AID's basic policies and procedures regarding unsolicited proposals |