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CHAPTER 7-AGENCY FOR INTERNATIONAL
7-17 Extraordinary contractual actions to facilitate the national defense.
7-30 Contract financing.
7-60 Contract appeal procedure.
Subpart 7-1.2-Definition of Terms
Head of the agency.
Head of the procuring activity. [Reserved]
Government, Federal, State, local
and political subdivisions.
Exceptions to mandatory use of
Subpart 7-1.5-Contingent Fees
Use of Standard Form 119.
Establishment and maintenance of a list of firms or individuals debarred, suspended, or declared ineligible.
Bases for entry on the debarred, suspended, and ineligible list. Causes and conditions applicable to determination of debarment by an executive agency. 7-1.604-1(a)-1 Notice received. 7-1.604-1(b)-1
Debarment without a hearing.
7-1.604-1(b)-2 Date of the hearing.
7-1.604-1(b)-3 Hearing Examiner.
7-1.604-1(b)-4 Report to the Administrator.
Small business policies. [Reserved]
Agency program direction and operation.
The A.I.D. Small Business Office.
Small business screening proce-
Reports on procurement actions
Subpart 7-1.10-Publicizing Procurement
General policy. [Reserved]
7-1.1003-3 Special areas of negotiation. 7-1.1003-7 Preparation and transmittal.
AUTHORITY: Sec. 621, 72 Stat. 445, as amended; (22 U.S.C. 2381) E.O. 10973, November 3, 1961, 26 FR 10469; 3 CFR 1959-63 Comp.
SOURCE: The provisions of this Part 7-1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.
This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and procedures for the procurement of serves and personal property by the Agency for International Development (AID). § 7-1.102
AIDPR is prepared by the Assistant Administrator for Program and Management Services 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.
[30 FR 12968, Oct. 12, 1966, as amended at 38 FR 28665, Oct. 16, 1973]
§ 7-1.103 Applicability.
(a) 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 bor
rowers 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.
(b) At Missions where joint administrative services are arranged, procuring offices may apply the Department of State Procurement Regulations (DOSPR)/FPR for all administrative and technical support procurement except in defined areas. The defined areas and administrative guidelines for procurement will be furnished to the overseas Missions by the Office of Management Operations. Administrative and local support services include the procurement accountability, maintenance and disposal of all office and residential equipment and furnishings, vehicles and expendable supplies purchased with administrative and/or technical support funds, either dollars or local currency. [30 FR 12968, Oct. 12, 1965, as amended at 35 FR 7964, May 23, 1970; 38 FR 28665, Oct. 16, 1973]
§ 7-1.104 Issuance.
§ 7-1.104-1 Relation to Federal Procurement Regulations Systems.
(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. FPR 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.
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 Program and Management Services.
[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28665, Oct. 16, 1973]
§ 7-1.104-5 Responsibility.
Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator for Program and Management Services, and under him, to the Director, Office of Contract Management, or such other office as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the General Counsel, and such other offices as may be appropriate.
[38 FR 28665, Oct. 16, 1973] § 7-1.105 Arrangement. § 7-1.105-1 Citation.
Any section of the AIDPR may be identified by "AIDPR" followed by the section number. Since the AIDPR is published in the FEDERAL REGISTER, any section may be incorporated into contracts by reference, using the citation "41 CFR" followed by the section number, as “41 CFR 7-1.105–1.”
[38 FR 28665, Oct. 16, 1973]
§ 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 Director, Office of Contract Management. Insofar as possible, such material will be numerically keyed to the AIDPR.
[30 FR 12968, Oct. 12, 1965, as amended at 38 FR 28665, Oct. 16, 1973]
§ 7-1.107 Deviations from Federal Procurement Regulations (FPR) and Agency for International Development Procurement Regulations (AIDPR).
[82 F.R. 14844, Oct. 26, 1967]
The provisions of FPR 1-1.009-1 defining deviations from FPR shall also apply to the AIDPR. The following actions shall also constitute a deviation from FPR or AIDPR:
(a) When a contract clause is set forth in FPR or AIDPR verbatim, use of a collateral provision which modifies either the clause or its prescribed application.
(b) When a contract clause is set forth in FPR or AIDPR but not for use verbatim, use of a contract clause covering the same subject matter which is inconsistent with the intent, principle, and substance of the FPR or AIDPR clause or related coverage of the subject matter. (c) Omission of any mandatory contract clause.
[32 F.R. 14844, Oct. 26, 1967
It is the policy of AID that deviation from the mandatory requirements of FPR and AIDPR shall be kept at a minimum and be granted only if it is essential to effect necessary procurement and when special and exceptional circumstances make such deviation clearly in the best interests of the Government. [32 F.R. 14844, Oct. 26, 1967] § 7-1.107-3 Procedure.
(a) Deviation from FPR or AIDPR affecting one contract or transaction.
(1) Deviations which affect only one contract or procurement will be made only after prior approval by the head of the procuring activity. Deviation requests containing the information listed in paragraph (c) of this section shall be submitted sufficiently in advance of the effective date of such deviation to allow adequate time for consideration and evaluation by the head of the procuring activity.
(2) Requests for such deviations may be initiated by the responsible AID Contracting Officer who shall obtain clearance and approvals as may be required by the head of the procuring activity. Prior to submission of the deviation request to the head of the procuring activity for approval, the Contracting Officer shall obtain written comments from the Office of Contract Management, Support Division. The Support Division shall normally be allowed at least five working days prior to the submission of the deviation request to the head of the procur
ing activity to review the request and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter review period. In addition to a copy of the deviation request, the Support Division shall be furnished any background or historical data which will contribute to a more complete understanding of the deviation. The comments of the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.
(3) Coordination with the Office of General Counsel, as appropriate, should also be effected prior to approval of a deviation by the head of the procuring activity.
(b) Class deviations from the FPR or AIDPR: Class deviations are those which affect more than one contract or contractor.
(1) Class deviations from the AIDPR will be processed in the same manner as prescribed in paragraph (a) of this section.
(2) Class deviations from the FPR shall be considered jointly by AID and GSA (FPR 1-1.009-2) unless, in the judgment of the head of the procuring activity, after due consideration of the objective of uniformity, circumstances preclude such joint effort. The head of the procuring activity shall certify on the face of the deviation the reason for not obtaining GSA coordination. In such cases, the Office of Contract Management, Support Division, shall be responsible for notifying GSA of the class deviation.
(3) Class deviations from the FPR shall be processed as follows:
(i) The request shall be processed in the same manner as paragraph (a) of this section, except that the Office of Contract Management, Support Division shall be allowed at least ten working days prior to the submission of the deviation request to the head of the procuring activity to effect the necessary coordination with GSA and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange with the Support Division for a shorter review and coordination period. The comments of GSA and the Support Division shall be made a part of the deviation request file which is forwarded to the head of the procuring activity.
(1) The request shall be processed in the same manner as paragraph (a) of this section if the request is not being jointly considered by AID and GSA.
(4) Deviations involving basic agreements or other master type contracts are considered to invlove more than one contract.
(5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to contracts or task orders which are active at the time the class deviation expires. Authority to continue the use of such deviation beyond 2 years may be requested in accordance with the procedures prescribed in paragraph (a) of this section.
(6) Expiration dates shall be shown on all class deviations.
(c) Requests for deviations shall contain a complete description of the deviation, the effective date of the deviation, the circumstances in which the deviation will be used, a specific reference to the regulation being deviated from, an indication as to whether any identical or similar deviations have been approved in the past, a complete justification of the deviation including any added or decreased cost to the Government, the name of the contractor, and the contract or task order number.
(d) Register of deviations: Separate registers shall be maintained by the procuring activities of the deviations granted from FPR and AIDPR. Each deviation shall be recorded in its appropriate register and shall be assigned a control number as follows: The symbol of the procuring activity, the abbreviation "DEV", the fiscal year, the serial number (issued in consecutive order during each fiscal year) assigned to the particular deviation and the suffix "c" if it is a class deviation, e.g. CM-DEV-73-1, CM-DEV-73-2c. The control number shall be embodied in the document authorizing the deviation and shall be cited in all references to the deviation.
(e) Central record of deviations: Copies of approved deviations shall be furnished promptly to the Office of Contract Management, Support Division, who shall be responsible for maintaining a central record of all deviations that are granted.
(f) Semiannual report of class deviations: (1) AID Contracting Officers shall submit a semiannual report to the Office of Contract Management, Support Di
vision of all contract actions effected under class deviations to FPR and AIDPR which have been approved pursuant to paragraph (b) of this section. (2) The report shall contain the applicable deviation control number, the contractor's name, contract number and task order number (if appropriate).
(3) The report shall cover the 6month periods ending June 30 and December 31, respectively, and shall be submitted within 20 working days after the end of the reporting period.
[32 FR 14844, Oct. 26, 1967, as amended at 38 FR 28665, Oct. 16, 1973]
Subpart 7-1.2-Definition of Terms § 7-1.202 Executive agency.
"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 A.I.D., the Administrator, the Deputy Administrator and the Assistant Administrator for Program and Management Services.
[38 FR 28666, Oct. 16, 1973]
§ 7-1.205 Procuring activities.
The procuring activities within AID are (a) the AID/Washington procuring activities, which are the Office of Contract Management, and the Office of Management Operations; and (b) the overseas field activities (including missions) which have been delegated procurement authority.
[39 FR 21127, June 19, 1974] § 7-1.206
Head of the procuring activ