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CHAPTER 7-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

7-5

Part
7-1 General
7-2 Procurement by formal advertising.
7-3 Procurement by negotiation.
7-4 Special types and methods of procurement.

Special and directed sources of supply. 7-6 Foreign purchases. 7-7 Contract clauses. 7-8 Termination of contracts. 7-10 Bonds and insurance. 7-12 Labor. 7-15 Contract cost principles and procedures. 7–16 Procurement forms. 7-17 Extraordinary contractual actions to facilitate the national defense. 7-30 Contract financing. 7-60 Contract appeal procedure.

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7-1.451-3

7-1.451-4

7-1.452 7-1.452-1 7-1.452-2 7-1.453 7-1.453-1 7-1.453-2

Designation of Contracting Offi

cers. AID/Washington procuring ac

tivities. Limitation on overseas field pro

curing activities. Contracting Officers. Authority. Responsibilities. Procurement policy. General. Assistant Administrator for Ma

terial Resources. Controller. General Counsel.

7-1.454 7-1.455

Subpart 7-1.1-Introduction Sec. 7-1.101 Purpose. 7-1.102 Authority. 7-1.103 Applicability. 7-1.104 Issuance. 7-1.104-1 Relation to Federal Procurement

Regulations System. 7-1.104-2 Internal. 7-1.104-3 Public. 7-1.104-4 AIDPR notices. 7-1.104-5 Responsibility. 7-1.105 Arrangement. 7-1.105-1 Citation. 7-1.106 Implementation within AID pro

curing activities. 7-1.107 Deviation.

Subpart 7-1.2-Definition of Terms 7-1.202 Executive agency. 7–1.204 Head of the agency. 7–1.205 Procuring activity. 7-1.206 Head of the procuring activity. 7-1.209 Procurement. 7-1.251 AID. 7-1.252 Administrator. 7-1.253 Assistant Administrator. 7-1.254 Borrower, grantee, borrower/

grantee. 7-1.255 Cooperating country. 7-1.256 Foreign Assistance Act. 7-1.257 Government, Federal, State,

local and political subdivi

sions. 7-1.258 Mission. 7-1.259 Overseas.

Subpart 7-1.5—Contingent Fees 7-1.507 Use of Standard Form 119. 7-1.507-3 Exceptions. Subpart 7-1.6—Debarred, Suspended, and

Ineligible Bidders 7-1.600 Scope of subpart. 7-1.602 Establishment and mainte

nance of a list of firms or individuals debarred, suspended,

or declared ineligible. 7-1.602-1 Bases for entry on the debarred,

suspended, and ineligible list. 7-1.604 Causes and conditions applicable

to determination of debar

ment by an executive agency. 7-1.605 Suspension of bidders. 7-1.605–2 Period and scope of suspension. 7-1.605-3 Restrictions during period of

suspension. 7-1.605–4 Notice of suspension. 7-1.606 Agency procedure.

Subpart 7–1.7—Small Business Concerns 7–1.702 Small business policies. 7-1.702-50 Additional AID policy. Subpart 7-1.10—Publicizing Procurement Actions 7-1.1001 General policy. 7–1.1003 Synopses of proposed procure

ments. 7-1.1003-2 General requirements. 7-1.1003–7 Preparation and transmittal.

AUTHORITY: The provisions of this Part 7-1 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

SOURCE: The provisions of this part 7-1 appear at 30 F.R. 12968, Oct. 12, 1965, unless otherwise noted.

Subpart 7-1.3-General Policies 7-1.305

Specifications. 7-1.305–2 Exceptions to mandatory use of

Federal Specifications. 7-1.305-3 Deviations from Federal Specifi

cations. 7-1.306 Standards. 7-1.306-1 Mandatory use and application

of Federal Standards. 7-1.310 Responsible prospective Con

tractor. 7-1.310–7 Information regarding responsi

bility. 7-1.310-10 Performance records. 7–1.311 Priorities, allocations, and allot

ments. 7-1.313 Records of contract actions. 7-1.318 Contracting Officer's decision

under a disputes clause. Subpart 7-1.4-Procurement Responsibility and

Authority 7-1.400 Scope of subpart. 7-1.451 Procuring activities. 7-1.451-1 General.

Subpart 7-1.1- Introduction $ 7-1.101 Purpose.

This subpart establishes the Agency for International Development Procurement Regulations (AIDPR) for the codification and publication of policies and procedures for the procurement of services and personal property by the Agency for International Development (AID). § 7-1.102 Authority.

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 Regulaticus (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 firanced 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

Issuance. § 7-1.104_1 Relation to Federal Pro

curement 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. IPR 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.

$ 7–1.104_3 Public.

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. $ 7-1.104–5 Responsibility.

Responsibility for the development and maintenance of AIDPR is assigned to the Assistant Administrator for Material Resources and, under him, to the Associate Assistant Administrator for Material Resources (Procurement) or such other officer as the Assistant Administrator may designate. Amendments and revisions will be prepared in coordination with the heads of AID/ Washington procuring activities, the General Counsel, and such other offices as may be appropriate. 87-1.105 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

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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 of. fices. 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.

(c) Assistant Administrators with 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.

The heads of the procuring activities within AID are the Assistant Administrators in charge of regional bureaus, the U.S. Coordinator and the Deputy U.S. Coordinator for the Alliance for Progress, the Assistant Administrator for Administration, the Assistant Administrator for Material Resources, and mission directors or other officers in charge of overseas field activities with procurement authority. $ 7-1.209 Procurement.

"Procurement” excludes contracts made by or in the name of an AID borrower or grantee. § 7-1.251 AID.

“AID” means the Agency for International Development and its predecessor agencies, including the International Cooperation Administration (ICA). $ 7-1.252 Administrator.

"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.

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 AID, the Administrator, Deputy Administrator, Assistant Administrator for Administration, Assistant Administrator for Material Resources, the Assistant Administrators in charge of regional

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