The purpose of this section is to prescribe responsibilities and procedures for carrying out the small business program policy set forth in § 1-1.702 of the Federal Procurement Regulations and § 71.702 of this subpart. Small minority business enterprises (see the definition in § 1-1.1310-2 of the Federal Procurement Regulations) are included in the term "small business" when used in this subpart. Specific reference to minority business enterprises is for added emphasis.

§ 7-1.704-2 The A.I.D. Small Business Office.

(a) The Small Business Office is responsible for administering, implementing, and coordinating the Agency's small business (including minority business enterprises) program.

(b) The A.I.D. Small Business Office, which is headed by the Special Assistant for Small Business, who also serves as the Minority Business Procurement Manager, shall be specifically responsible for:

(1) Developing policies, plans, and procedures for a coordinated Agencywide small business and minority business enterprise procurement program;

(2) Advising and consulting regularly with A.I.D./Washington procuring activities on all phases of their small business program, including, where practicable and desirable, the establishment of small business and minority business enterprise award goals;

(3) Collaborating with officials of the Small Business Administration (SBA), other Government Agencies, and private organizations on matters affecting the Agency's small business program;

(4) Developing and maintaining a Contractor's Index of bidders/offerors (annotated to identify small business and minority business enterprise firms) capable of furnishing services for use by the AID procuring activities;

(5) Cooperating with contracting officers in administering the performance of contractors subject to the Small Business and Minority Business Enterprises Subcontracting Program clauses (see §§ 1-1.710-3(b) and 1-1.1310-2(b) of the Federal Procurement Regulations);

(6) Developing a plan of operation designed to increase the share of contracts awarded to small business concerns, including small minority business enterprises;

(7) Establishing small business class set-asides for types and classes of items. or services where appropriate;

(8) Reviewing each procurement requisition (PIO/T, PIO/C or other requisitioning document) to make certain individual or class set-asides are initiated on all suitable A.I.D./Washington proposed contract actions in excess of $2,500.00 which are subject to screening (see AIDPR 7-1.704-6);

to:

(9) Maintaining a program designed

(i) Locate capable small business sources for current and future procurements through GSA and other methods. (ii) Utilize every source available to determine if an item is obtainable from small business, and

(iii) Develop adequate small business competition on all appropriate procurements;

(10) Taking action to assure that unnecessary qualifications, restrictive specifications, or other features (such as inadequate procurement leadtime) of the programming or procurement process, which may prevent small business participation in the competitive process, are modified to permit such participation where an adequate product or service can be obtained;

(11) Recommending that portions of large planned procurements or suitable components of end items or services be purchased separately so small firms may compete;

(12) On proposed non-competitive procurements, recommending to the Contracting Officer that the procurement be made competitive when, in the opinion of the Small Business Office, there are small businesses or minority business enterprises believed competent to furnish the required goods or services, and supplying the Contracting Officer a list of such firms;

(13) Assisting small business concerns with individual problems;

(14) Promoting increased awareness by the technical staff of the availability of small business firms;

(15) Making available to GSA copies of solicitations when so requested;

(16) Counseling non-responsive or non-responsible small business bidders/ offerors to help them participate more effectively in future solicitations; and

(17) Examining bidders lists to make certain that small business firms are appropriately identified and adequately represented for both negotiated and advertised procurements.

§ 7-1.704-3 A.I.D. Contracting Officers.

With respect to procurement activities within their jurisdiction, Contracting Officers are responsible for:

(a) Being thoroughly familiar with Subpart 1-1.7 of the Federal Procurement Regulations and this subpart dealing with the small business program;

(b) Screening abstracts of bids and other award data to determine set-aside potential for future procurements;

(c) Assuring that small business concerns and minority business enterprises are appropriately identified on source lists and abstracts of bids or proposals by an "S" and "M", respectively, or other appropriate symbol;

(d) Reviewing types and classes of items and services to determine where small business set-asides can be applied;

(e) Recommending that portions of large planned procurements or suitable components of end items or services be purchased separately so small firms may compete;

(f) Making a unilateral determination for total or partial small business setasides in accordance with § 1-1.706 of the Federal Procurement Regulations;

(g) Submitting propose procurement actions (PIO/TS, PIO/Cs, or other requisitioning documents) for A.I.D./ Washington contracts to the Small Business Office for screening (see AIDPR 7-1.704-6);

(h) Taking action to assure that unnecessary qualifications, restrictive specifications or other features (such as inadequate procurement leadtime) of the programming or procurement process which may prevent small business participation in the competitive process are modified to permit such participation where an adequate product or service can be obtained;

(i) Prior to rendering a final decision on a proposed non-competitive procure

ment action, and as part of his findings and determination, the Contracting Officer shall consider the recommendations, if any, of the Small Business Office together with the latter's list of additional sources;

(j) As appropriate, referring small business concerns, including small minority business enterprises, to the Small Business Office for information and advice;

(k) Promoting increased awareness by the technical staff of the availability of small business concerns;

(1) Making available to the Small Business Office copies of solicitations when requested;

(m) Assisting the Small Business Office in counseling non-responsive or non-responsible small business bidders/ offerors to help them to participate more effectively in future solicitations; and

(n) Including the Small Business and Minority Business Enterprises Subcontracting Program clauses in all contracts which meet the conditions prescribed in §§ 1-7.710-3(b) and 1-1.1310-2 (b) of the Federal Procurement Regulations.

§ 7-1.704-4 Heads of procuring activities.

In order for the Agency small business program to be effective, the active support of top management is required. The heads of the procuring activities shall be responsible for:

(a) Rendering decisions in cases resulting from non-acceptances by their Contracting Officers of set-aside recommendations made by the Small Business Office;

(b) Consulting with the Small Business Office in establishing small business and minority business enterprise award goals, where practicable and desirable; and

(c) Assuring that program/project officers discharge their responsibilities set forth in AIDPR 7-1.704-5.

§ 7-1.704-5 Program/Project Officers.

Since the procurement process starts with the establishment of a program/ project requirement, the actions of the program/project officers can affect the opportunity of small business to participate equitably; therefore, each program/ project officer shall, during the formulation of programs/projects which will require contractual implementation:

(a) Consult with the Small Business Office on the availability and capabilities

of small business firms to permit making a tentative set-aside determination where appropriate; and

(b) Provide sufficient procurement leadtime in the program/project implementation schedule to allow potential small business participation.

§ 7-1.704-6 Small business screening procedure.

(a) General. All A.I.D./Washington proposed contract actions (PIO/TS, PIO/Cs, or other requisitioning documents) in excess of $2,500.00 shall be screened by the Small Business Office, with the exception of:

(1) Class set-asides and those unilaterally set-aside by Contracting Officers (AIDPR 7–1.704-3 (f));

(2) Those where the Contracting Officer certifies in writing that the public exigency will not permit the delay incident to screening (AIDPR 7-1.704-7(b));

(3) Contracts with educational or nonprofit institutions, the object of which is "institution building", i.e., the development of a counterpart capability in the host country by the educational or nonprofit institution;

(4) Those involving the payment of tuition and fees for participant training at academic institutions; and

(5) Personal services contract requirements (see AIDPR 7-1.702(d) (5)).

(b) Preparation of AID Form 1410-14 (see AIDPR 7-16.850 and 7-16.960).

(1) The Contracting Officer shall prepare the subject form in an original and 3 copies and forward the original and 2 copies to the Small Business Office within one working day of receipt by his procuring activity of a procurement requisition (PIO/T, PIO/C, or other requisitioning document).

NOTE: An approved Noncapital Project Paper (PROP) may be substituted for the PIO/T or PIO/C if required by the urgency of the procurement.

(2) The Contracting Officer will attach to his transmittal a complete copy of the procurement request and a copy of the recommended source list as furnished by the technical office and supplemented by him.

(3) The Contracting Officer shall complete Blocks 2, 3, 4, 5, 9, and 10 (when appropriate) prior to submittal to the Small Business Office.

(c) Screening of AID Form 1410-14 by the Small Business Office.

20-128-745

(1) The Small Business Office will screen the Contracting Officer's recommendations on set-aside potential, small business subcontracting opportunities, and section 8(a) subcontracting, and furnish him with either a written concurrence in his recommendations or written counter-recommendations on the original and duplicate copy within five working days from receipt of the form from the Contracting Officer.

(2) The Small Business Office will complete Blocks 1, 6, 7, 8, 11, and 12 (when appropriate) prior to returning the screened form to the Contracting Officer.

(d) Concurrence or rejection proce

dure.

(1) The Contracting Officer shall complete Block 13 upon receipt of the original and duplicate copy of the screened form from the Small Business Office.

(2) If the Contracting Officer rejects a Small Business counter-recommendation, he shall return the original and duplicate forms with his written reasons for rejection to the Small Business Office within two working days.

(3) Upon receipt of the Contracting Officer's rejection, the Small Business Office may (i) accept, or (ii) appeal, the rejection. In the case of acceptance of the Contracting Officer's rejection, the Small Business Office shall annotate Block 14 when it renders a decision and return the original form to the Contracting Officer within two working days. (e) Appeal procedure.

(1) When informal efforts fail to resolve the set-aside disagreement between the Contracting Officer and the Small Business Office, the latter official may appeal the Contracting Officer's decision to the head of the procuring activity. Such an appeal will be made within five working days after receipt of the Contracting Officer's rejection.

(2) In the case of an appeal, the Small Business Office will send the original and duplicate form, with the appeal noted in Block 14, directly to the head of the procuring activity with its written reasons for appealing. The Contracting Officer will be notified of the Small Business Office's appeal by means of a copy of the written reasons for appealing.

(3) The head of the procuring activity shall render a decision on the appeal (complete Block 15) within three working days after receipt of same and return the original to the Small Business Office

and the duplicate to the Contracting Officer.

§ 7-1.704-7 Reports on procurement actions that are exempted from screening.

(a) Unilateral and class set-asides. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 7-1.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office. The original will be filed in the contract file.

(1) If, upon review of the material submitted under AIDPR 7-1.704-7(a) above, the Small Business Office concludes that it would be practicable to accomplish all or a portion of the procurement involved under section 8(a) subcontracting, it shall so advise the Contracting Officer in writing within five days after receipt of such material.

(2) Such advice shall be considered a counter-recommendation and shall be processed in accordance with AIDPR 71.704-6 (d) and (e).

(b) Public exigency exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 71.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office. In addition to the documentation called for in AIDPR 7-1.704-6, the Contracting Officer shall furnish a copy of his written determination exempting the procurement from screening. The determination shall cite the pertinent facts which led to his decision. This exemption is not intended to be used as a substitute for good procurement planning and leadtime; the Small Business Office will report abuses of this exemption to the head of the procuring activity for appropriate action in accordance with AIDPR 7-1.704-4(c).

(c) Institution building contract (IBC) exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 7-1.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office.

(d) Personal services contract exemption. The Contracting Officer shall prepare AID Form 1410-14 as stated in AIDPR 7-1.704-6, but forward only the duplicate copy with the documentation required by Block 5 of the form to the Small Business Office.

Subpart 7-1.10-Publicizing
Procurement Actions

§ 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) (1) In furtherance of this policy, as well as the requirements set forth in FPR 1-1.1001, A.I.D. obtains the maximum practicable publicity for its direct procurements of supplies and services through publication of notice of such procurement actions in the "Commerce Business Daily".

(2) Also, a Contractor's Index is maintained in Washington by the A.I.D. Small Business Office. Prospective Contractors wishing to perform contracts for A.I.D. should file AID Form 1420-6 (Management Consultant Questionnaire), 1420-5 (Architect-Engineer Questionnaire), 1420-19 (Urban and Regional Planner Consultant Questionnaire) or 1420-7 (Construction Contractor's Questionnaire), as appropriate with the Small Business Office, Agency for International Development, Washington, D.C. 20523 and should keep current the information so filed.

(3) Prospective contractors who are interested in specific future procurements about which notice has been given, either through the Commerce Business Daily or otherwise, should submit an indication of their interest or a proposal to the cognizant A.I.D. office, as directed in the notice. In addition, the prospective contractor should forward the appropriate AID Form (1420-5, 1420-6, 1420-19, or 1420-7) to the A.I.D. Small Business Office, if a form has not previously been filed.

[30 F.R. 12968, Oct. 12, 1965, as amended at 35 FR 3807, Feb. 27, 1970; 38 FR 28669, Oct. 16, 1973]

ernment Architect-Engineer Questionnaire" cited in FPR 1-1.1003-3(c). [39 FR 21127, June 19, 1974]

§ 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 "Noncommercial non-Federal sources are not excluded from consideration".

(b) Notices of sole source procure. ments 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.

(c) A.I.D. utilizes A.I.D. Form 14205, "Exception to Standard Form 251, Architect-Engineer Questionnaire", in place of the Standard Form 251, "U.S. Government Architect-Engineer Questionnaire" cited in FPR 1-1.1003-7 (b) (9).

[30 FR 12968, Oct. 12, 1965, as amended at 39 FR 21127, June 19, 1974]

PART 7-2-PROCUREMENT BY

FORMAL ADVERTISING

Subpart 7-2.4-Opening of Bids and Award of

7-3.204

Contract

7-3.205

Sec.

7-2.406-3 Other mistakes disclosed before award.

7-3.211

7-3.212

[Reserved]

7-3.213

7-3.215

7-2.407-6 Equal low bids.

AUTHORITY: The provisions of this Part 7-2 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

7-3.302

Subpart 7-2.4-Opening of Bids and Award of Contract

7-3.305

7-3.308

§ 7-2.406-3 Other mistakes disclosed before award.

The Assistant Administrator for Program and Management Services is the

Authorities

Determinations and findings re

quired.

Form and requirements of determinations and findings.

Preservation of data.

Subpart 7-3.6-Small Purchases