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. PR 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.

§ 7-1.105

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 FPF, 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. A 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.

"Administrator" means the Administrator or Deputy Administrator of the Agency for International Development. § 7-1.253

Assistant Administrator.

"Assistant Administrator" means an Assistant Administrator in the Agency for International Development and the U.S. Coordinator and the Deputy U.S. Coordinator for the Alliance for Progress.

§ 7-1.254 Borrower, grantee, borrower/ grantee.

These terms refer to borrowers, grantees, or borrowers and grantees under programs administered by AID.

The Office of Material Resources and the Office of the Controller will assist Contracting Officers, as requested, in developing and evaluating pertinent information.

§ 7-1.310-10 Performance records.

AID Manual Orders 1423.9 and 1423.10 set up an internal Contractor performance reporting system. Copies of the reports on Contractor performance and evaluation will be furnished by the procuring activities to the Assistant Administrator for Material Resources, who will maintain central records of Contractor past performance.

§ 7-1.311 Priorities, allocations, and allotments.

The program referred to in FPR 11.311 is not generally applicable to AID procurement.

§ 7-1.313 Records of contract actions.

An Individual Procurement Action Report (IPAR) form shall be used both as a record for the contract file and as a report of statistical information for each contract and amendment issued by AID/W for the procurement of services or of services and personal property. (See illustration of form in AIDPR 7-16.)