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(4) Deviations involving basic agree- under class deviations to the FAR and ments or other master type contracts AIDAR which have been approved purare considered to involve more than suant to paragraph (b) of this section. one contract.
(2) The report shall contain the appli(5) Unless the approval is sooner re- cable deviation control number, the scinded, class deviations shall expire 2 contractor's name, contract number years from the date of approval pro- and task order number (if appropriate). vided that deviation authority shall (3) The report shall cover the 6continue to apply to contracts or task month periods ending June 30 and Deorders which are active at the time the cember 31, respectively, and shall be class deviation expires. Authority to submitted within 20 working days after continue the use of such deviation be- the end of the reporting period. vond 2 years may be requested in ac- 149 FR 13236. Apr. 3. 1984, as amended at 50 cordance with the procedures pre FR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27, scribed in paragraph (a) of this section. 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445,
(6) Expiration dates shall be shown June 29, 1994; 61 FR 39090, July 26, 1996] on all class deviations. (c) Requests for deviation shall con- Subpart 701.
6 Career Developtain a complete description of the devi ment, Contracting Authority, ation, the effective date of the devi
and Responsibilities ation, the circumstances in which the deviation will be used, a specific ref- 701.601 General erence to the regulation being deviated
(a) (1) Pursuant to the delegations in from, an indication as to whether any
ADS 103.5.10, the MOP Director is auidentical or similar deviations have
thorized to act as the Head of the been approved in the past, a complete
Agency for all purposes described in justification of the deviation including
the Federal Acquisition Regulation any added or decreased cost to the Gov
(FAR, 48 CFR Chapter 1), except for the ernment, the name of the contractor,
authority in (48 CFR) FAR sections and the contract or task order number. 6.302-7(a)(2), 6.302-7(c)(1), 17.602(a), (d) Register of deviations: Separate
19.201(c), 27.306(a), 27.306(b), and 30.201registers shall be maintained by the
5, or where the "head of the agency" procuring activities of the deviations
authority is expressly not delegable granted from the FAR and AIDAR.
under the FAR or AIDAR. Further, the Each deviation shall be recorded in its
M/OP Director is responsible for impleappropriate register and shall be as
menting the procurement related assigned a control number as follows: the
pects of the Foreign Assistance Act, symbol of the procuring activity, the
Executive Order 11223, the Office of abbreviation "DEV”, the fiscal year, Federal Procurement Policy Act, and the serial number [issued in consecu other statutory and Executive Branch tive order during each fiscal year] as- procurement policies and requirements signed to the particular deviation and applicable to USAID operations, except the suffix "c" if it is a class deviation for those authorities and responsibile.g. CM-DEV-85–1, CM-DEV-85–2c. The ities delegated to the Procurement Excontrol number shall be embodied in ecutive as specified in ADS 103.5.10f. the document authorizing the devi. (2) The M/OP Director has specified ation and shall be cited in all ref- authority to: erences to the deviation.
(i) Select and appoint contracting of(e) Central record of deviations: Cop- ficers and terminate their appointies of approved deviations shall be fur ments in accordance with section 1.603 nished promptly to the M/OP/P, who of the Federal Acquisition Regulation; shall be responsible for maintaining a central record of all deviations that are (ii) Exercise in person or by delegagranted.
tion the authorities stated in subpart (f) Semiannual report of class devi- 1.4 of the Federal Acquisition Regulaations:
tion with regard to deviations from (1) USAID contracting officers shall that regulation. submit a semiannual report to the M (b) Except as otherwise prescribed. OP/P of all contract actions effected the head of each contracting activity
701.602–1 Authority of contracting of
ficers in resolving audit rec
ommendations. With the exception of termination settlements subject to part 749, Termination of Contracts, contracting officers shall have the authority to negotiate and enter into settlerments with contractors for costs questioned under audit reports, or to issue a contracting officer's final decision pursuant to the disputes clauses (in the event that questioned costs are not settled by negotiated agreement) in accordance with ADS Chapter 591.5.20. The negotiated settlement or final decision shall be final, subject only to a contractor's appeal, either under the provisions of the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), or to the courts. Policies and procedures for resolving audit recommendations are in accordance with ADS Chapters 591 and 592.
(62 FR 40466, July 29, 1997)
(as defined in 702.170) is responsible for the procurement of supplies and services under or assigned to the procurement cognizance of his or her activity. The heads of USAID contracting activities are vested with broad authority to carry out the programs and activities for which they are responsible. This authority includes authority to execute contracts and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to government-wide and USAID requirements and restrictions, such as those found at 701.376 4 and particularly 701.603-70, the USAID policy regarding the direct-hire status of contracting officers.
(c) The authority of heads of contracting activities to execute contracts is limited as follows:
(1) Director, Office of U.S. Foreign Disaster Assistance. Authority to execute contracts for disaster relief purposes during the first 72 hours of a disaster in a cumulative total amount not to exceed $500,000. Authority to execute simplified acquisitions up to $50,000 at any time. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff.
(2) Director, Center for Human Capacity Development (G/HCD). Authority to execute simplified acquisitions up to $10,000. Unlimited authority for procuring participant training based on published catalog prices, using M/OP/E approved forms. May issue warrants for simplified acquisitions up to $10,000 to qualified individuals on his or her staff.
(3) Overseas heads of contracting activities. Authority to sign contracts where the cumulative amount of the contract, as amended, does not exceed $250,000 (or local currency equivalent) for personal services contracts or $100,000 (or local currency equivalent) for all other contracts. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff. (53 FR 4980. Feb. 19, 1988, as amended at 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 58 FR 8702, Feb. 17, 1993; 59 FR 33445, June 29, 1994; 60 FR 11912, Mar. 3, 1995; 61 FR 39090, July 26, 1996; 62 FR 40466, July 29, 1997; 64 FR 42041, Aug. 3, 1999)
10 701.602–3 Ratification of unauthorized
commitments. (a) [Reserved) (b) Policy. (1) (Reserved]
(2) In order to maintain management oversight and controls on unauthorized commitments, authority to ratify unauthorized commitments within USAID is reserved to the M/OP Director.
(53 FR 6829, Mar. 3, 1988, as amended at 64 FR 42040, Aug. 3, 1999]
701.603 Selection, appointment, and
termination of appointment.
701.603–70 Designation of contracting
officers. A contracting officer represents the U.S. Government through the exercise of his/her delegated authority to negotiate, sign, and administer contracts on behalf of the U.S. Government. The contracting officer's duties are sensitive, specialized, and responsible. In order to insure proper accountability, and to preclude possible security, conflict of interest, or jurisdiction problems, it is USAID policy that USAID
SOURCE: 49 FR 13238, Apr. 3, 1984, unless otherwise noted.
contracting officers must be U.S. citizen direct-hire employees of the U.S. Government. 149 FR 13236, Apr. 3, 1984, as amended at 61 FR 39091, July 26, 1996)
Subpart 702.170—Definitions 702.170–1 USAID.
USAID means the U.S. Agency for International Development and its predecessor agencies, including the International Cooperation Administration (ICA).
and Findings 701.704 Content.
There is no USAID-prescribed format or form for determinations and findings (D&Fs). D&Fs are to contain the information specified in FAR 1.704 and any information which may be required by the FAR or AIDAR section under which the D&F is issued. (58 FR 8702, Feb. 17, 1993, as amended at 62 FR 40466, July 29, 1997) 701.707 Signatory authority.
Unless otherwise specified in the FAR or AIDAR section under which the D&F is issued, the Contracting Officer is the signing official. (58 FR 8702, Feb. 17, 1993)
Administrator means the Administrator or Deputy Administrator of the U.S. Agency for International Development.
PART 702-DEFINITIONS OF WORDS
Sec. 702.170-1 USAID. 702.170-2 Administrator. 702.170-3 Contracting activities. 702.1704 Cooperating country. 702.170-5 Cooperating country national
(CCN). 702.170-6 Executive agency. 702.170_7 Foreign Assistance Act. 702.170-8 Government, Federal, State, local
and political subdivisions. 702.170-9 Head of agency 702.170-10 Head of the contracting activity. 702.170-11 Mission. 702.170-12 Overseas. 702.170-13 Procurement Executive. 702.170-14 (Reserved) 702.170-15 Third country national (TCN). 702.170-16 U.S. national (USN). 702.170-17 Automated Directives System.
702.170_3 Contracting activities.
The contracting activities within USAID are:
(a) The USAID/Washington activities. The contracting activities located in Washington are the Office of Procurement, Office of Foreign Disaster Assistance, and Center for Human Capacity Development (G/HCD). Subject to the limitations stated in 702.170–10, these contracting activities are responsible for procurement related to programs and activities for their areas. The Office of Procurement is responsible for procurements which do not fall within the responsibility of other contracting activities, or which are otherwise assigned to it.
(b) The overseas field contracting activities. Each USAID Mission or post overseas is a contracting activity, responsible for procurement related to its programs and activities, subject to the limitations in 702.170-10(b), which sets forth the contracting authority for Mission Directors and principal USAID officers at posts. [50 FR 16085, Apr. 24, 1985, as amended at 50 FR 40528, Oct. 4, 1985; 50 FR 50302, Dec. 10, 1985; 51 FR 20651, June 6, 1986; 56 FR 67224, Dec. 30, 1991; 61 FR 39091, July 26, 1996; 62 FR 40466, July 29, 1997]
Subpart 702.270—Definitions Clause 702.270–1 Definitions clause.
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.
702.1704 Cooperating country.
Cooperating country means a foreign country in which there is a program or activity administered by USAID.
702.170-5 Cooperating country na
tional (CCN). Cooperating country national (CCN) means an individual who is a cooperating country citizen or a non-cooperating country citizen lawfully admitted for permanent residence in the cooperating country.
exercise the authority delegated to that position. [53 FR 4980, Feb. 19, 1988, as amended at 56 FR 67224, Dec. 30, 1991; 61 FR 39091, July 26, 1996; 62 FR 40466, July 29, 1997) 702.170–11 Mission.
Mission means the USAID mission or the principal USAID office or representative (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by USAID. 702.170-12 Overseas.
Overseas means outside the United States, its possessions, and Puerto Rico.
702.170-6 Executive agency.
Executive agency includes the U.S. Agency for International Development (USAID) and its predecessor agencies, including the International Cooperation Administration. 702.170_7 Foreign Assistance Act. Foreign Assistance Act means the For
Assistance Act of 1961, as amended (22 U.S.C., Chapter 32).
702.170-8 Government, Federal, State,
local and political subdivisions. As used in the FAR and AIDAR, these terms do not refer to foreign entities except as otherwise stated.
702.170–13 Procurement Executive.
“Procurement Executive" is synonymous with “Senior Procurement Executive" as defined in FAR 2.101 and means the USAID official who is responsible for the management direction of USAID's assistance and acquisition ("A&A") system, as so delegated and more fully described in ADS 103.5.10f. [64 FR 42041, Aug. 3, 1999)
702.170-9 Head of agency.
Head of agency means, for USAID, the Administrator, and the Deputy Administrator, and in accordance with the responsibilities and limitations set forth in 701.601(a)(1), the MOP Director. (50 FR 52780, Dec. 26, 1985, as amended at 64 FR 42041, Aug. 3, 1999) 702.170-10 Head of the contracting ac
tivity. (a) The heads of USAID contracting activities are listed below. The limits of their contracting authority are set forth in 701.601.
(1) USAID/Washington Heads of Contracting Activities:
(i) Director, Office of Procurement;
(ii) Director, Office of U.S. Foreign Disaster Assistance; and
(iii) Director, Center for Human Capacity Development (G/HCD).
(2) Overseas Heads of Contracting Activities: Each Mission Director or principal USAID officer at post (e.g. USAID Representative. USAID Affairs Officer, etc.)
(b) Individuals serving in the positions listed in (a)(1) and (a)(2) of this section in an “Acting" capacity may
702.170-14 [Reserved] 702.170–15 Third country national
(TCN). Third country national (TCN) means an individual who is neither a cooperating country national nor a U.S. national, but is a citizen of a country included in Geographic Code 935 (see 22 CFR 228.3). (49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985, as amended at 62 FR 40466, July 29, 1997] 702.170–16 U.S. national (USN).
U.S. national (USN) means an individual who is a U.S. citizen or a nonU.S. citizen lawfully admitted for permanent residence in the United States. [49 FR 13238, Apr. 3, 1984. Redesignated at 50 FR 16086, Apr. 24, 1985] 702.170–17 Automated Directives Sys
tem. “Automated Directives System" ("ADS”) sets forth the Agency's policies and essential procedures, as well lection information outside the Government for evaluation purposes pursuant to FAR 15.305(c) and (AIDAR) 48 CFR 715.305(c). [64 FR 16648, Apr. 6, 1999)
as supplementary informational references. It contains six functional series, interim policy updates, valid USAID handbook chapters, a resource library, and a glossary. References to "ADS” throughout this chapter 7 are references to the Automated Directives System. Procurement-related sections of this system are accessible to the general public at the following internet address: http://www.info.usaid.gov/pubs/ ads. The entire ADS is available on the ADS Compact Disk (ADS CD), which may be purchased from the Agency at cost by submitting a completed ADS CD order form. To request a fax copy of the ADS CD order form, send an e-mail with your fax number to ADS@USAID.GOV. [64 FR 42041, Aug. 3, 1999)
703.104-10.1 Violations or possible via
lations. Requests for concurrence under paragraph (a)(1) of FAR 3.104-10 shall be for : warded to one level above the Contracting Officer. [64 FR 16648, Apr. 6, 1999)
4Safeguarding Classified Information within Industry
Sec. 704.404 Contract clause.
Clause 702.270–1 Definitions clause.
Use the appropriate clause in 752.202– 1, in addition to the clause in FAR 52.202-1.
Subpart 704.8 Contract Files (Reserved]
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.
PART 703_IMPROPER BUSINESS
PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Subpart 703.1-Safeguards Sec. 703.104-5 Disclosure, protection, and mark
ing of proprietary and source informa
tion. 703.104-10.1 Violations or possible viola
tions. 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.
Classified Information Within
Industry 704.404 Contract clause.
If the contract involves access to classified ("Confidential", "Secret", or “Top Secret''), or administratively controlled (“Sensitive But Unclassified") information, use the contract clause in 752.204-2.
(49 FR 13239, Apr. 3, 1984. Redesignated at 54 FR 16122, Apr. 21, 1989, as amended at 62 FR 40467, July 29, 1997)
Subpart 703.1-Safeguards 703.104–5 Disclosure, protection, and
marking of proprietary and source
information. A Contracting Office may authorize release of proprietary and/or source se
Subpart 704.8—Contract Files