Miscellaneous Amendments to Acquisition Regulations

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

Agency for International Development

48 CFR Parts 701, 702, 703, 706, 710, 715, 724, 725, 728, 737, 749,

750, 752, 753, and Appendix H

[AIDAR Notice 94-4]

Miscellaneous Amendments to Acquisition Regulations

AGENCY: United States Agency for International Development, IDCA.

ACTION: Final rule.

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SUMMARY: The U.S. Agency for International Development Acquisition

Regulation (AIDAR) is being amended to make various administrative

changes and to add a Medical Evacuation (Medevac) clause.

EFFECTIVE DATE: July 29, 1994.

FOR FURTHER INFORMATION CONTACT:

M/OP/P, Ms. Frances Maki, Room 1600I, SA-14, U.S. Agency for

International Development, Washington, DC 20523-1435. Telephone: (703)

875-1534.

SUPPLEMENTARY INFORMATION: USAID has recently undergone a

reorganization; the AIDAR is being amended to reflect new office

designations and titles and to name the new USAID Procurement

Executive. This notice also adds additional coverage on ocean bills of

lading, changes the point of contact for guidance and receipt of

unsolicited proposals, and revises local procurement rules to implement

current Agency policy. Finally, additional information concerning

paperwork collection requirements is provided and the OMB approval

expiration date is updated.

The changes being made by this Notice are editorial and

administrative and are not considered significant rules under FAR

Section 1.301 or Subpart 1.5, nor major rules as defined in Executive

Order 12291. This Notice will not have an impact on a substantial

number of small entities, nor does it establish any information

collection as contemplated by the Regulatory Flexibility Act and

Paperwork Reduction Act. Because of the nature of this Notice, use of

the proposed rule/public comment approach was not considered necessary.

USAID has decided to issue this Notice as a final rule; however, we

welcome public comment on the material covered by this Notice or any

part of the AIDAR at any time. Comments or questions may be addressed

as specified in the FOR FURTHER INFORMATION CONTACT section of the

preamble.

List of Subjects in 48 CFR Parts 701, 702, 703, 706, 710, 715, 724,

725, 728, 737, 749, 750, 752, 753, and Appendix H to Chapter 7

Government procurement.

Accordingly for the reasons set out in the Preamble, 48 CFR Chapter

7 is amended as follows:

1. The authority citations in Parts 701, 702, 703, 706, 710, 715,

724, 725, 728, 737, 749, 750, 752, 753 and Appendix H to Chapter 7

continue to read as follows:

Authority: Sec. 621, Public Law 87-195, 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 701--FEDERAL ACQUISITION REGULATION SYSTEM

Subpart 701.1--Purpose, Authority, Issuance

2. Section 701.105, OMB approval under the Paperwork Reduction Act,

is revised to read as follows:

701.105 OMB approval under the Paperwork Reduction Act.

(a) The following information collection and record keeping

requirements established by AID have been approved by OMB, and assigned

an OMB control number and approval/expiration dates as specified below:

------------------------------------------------------------------------

Burden

OMB control Expiration hours

AIDAR segment No. date per

report

------------------------------------------------------------------------

733.7003(c)......................... 0412-0520 9/30/96 40

752.209-70.......................... 0412-0520 9/30/96 4

752.219-8........................... 0412-0520 9/30/96 1

752.245-70.......................... 0412-0520 9/30/96 .5

752.245-71.......................... 0412-0520 9/30/96 1

752.7001(a)......................... 0412-0520 9/30/96 .5

752.7001(b)......................... 0412-0520 9/30/96 .5

752.7002(j)......................... 0412-0520 9/30/96 1

752.7003............................ 0412-0520 9/30/96 8

752.7004(b)(4)...................... 0412-0520 9/30/96 .5

752.7032............................ 0412-0520 9/30/96 2

752.7033............................ 0412-0536 5/31/95 4

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(b) The information requested by the AIDAR sections listed in

paragraph (a) is necessary to allow AID to prudently administer pubic

funds. It lets AID make reasonable assessments of contractor

capabilities and responsibility of costs. Information is required in

order for a contractor and/or its employee to obtain a benefit-usually

taking the form of payment under a government contract.

(c) Public reporting burden for these collections of information is

estimated as shown in paragraph (a) of this section. The estimated

burden includes the time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and completing

and reviewing the collection of information. Send comments regarding

the burden estimates or any other aspects of these collections of

information, including suggestions for reducing the burden, to: US

Agency for International Development, Office of Procurement, Policy

Division (M/OP/P), Washington, DC 20523-1435; and Office of Management

and Budget, OMB, Paper Reduction Project (0412-0520), Washington, DC

20503.

701.376-4 [Amended]

3. Section 701.376-4 is amended by removing ``Procurement Policy

and Evaluation Staff (FA/PPE)'' and replacing it with ``Office of

Procurement, Policy Division (M/OP/P)''.

Subpart 701.4--Deviations to the FAR or AIDAR

701.470 [Amended]

4. Section 701.470 is amended by removing ``Procurement Policy and

Evaluation Staff (FA/PPE)'' and replacing it with ``Office of

Procurement, Policy Division (M/OP/P)'' in paragraph (a)(2), and

removing ``PPE'' wherever it appears and replacing it with ``M/OP/P/.''

Subpart 701.6--Contracting Authority and Responsibility

5. Section 701.601, paragraph (b)(4) is amended by removing ``FA/

PPE'' and replacing it with ``M/OP/P.''

PART 702--DEFINITIONS OF WORDS AND TERMS

Subpart 702.170--Definitions

6. Section 702.170-13, paragraphs (a) and (b) are revised to read

as follows:

702.170-13 Procurement Executive.

(a) Procurement Executive means the AID official who:

(1) Is responsible to the Administrator, through the Assistant

Administrator for Management, for management direction of AID's

procurement system, including implementation of AID's unique

procurement policies, regulations, and standards, and

(2) Oversees development of the system, evaluates system

performance in accordance with approved criteria, and certifies to the

Administrator, through the Assistant Administrator for Management, that

the AID procurement system meets approved criteria.

(b) The Procurement Executive for AID is Mr. Michael D. Sherwin,

the Principal Deputy Assistant Administrator for Management. Mr.

Sherwin reports and makes recommendations to the Administrator, the

Deputy Administrator, or other AID officials, as appropriate, with

regard to the implementation and improvement of the procurement system

and procurement staffing to meet the objectives and requirements of the

Foreign Assistance Act, Executive Order 12352, the Office of Federal

Procurement Policy Act, and other statutory and Executive Branch

procurement policies and requirements applicable to AID operations.

These reports and recommendations, including results of case reviews

requested by the Principal Deputy Assistant Administrator, will deal

with the use of effective competition in procurement; establishment of

clear lines of authority, accountability, and responsibility for

procurement decision making within AID; and development and maintenance

of a procurement career management program to assure an adequate

professional work force.

* * * * *

PART 703--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

Supart 703.4--Contingent Fees

703.403 [Amended]

7. Section 703.403 is amended by removing ``FAR 3.404(b)(6)'' and

replacing it with ``FAR 3.404(B)(4)''.

PART 706--COMPETITION REQUIREMENTS

Subpart 706.5--Competition Advocates

8. Section 706.501 is revised to read as follows:

706.501 Requirement.

The AID Administrator delegated the authority to designate the

agency competition advocate and a competition advocate for each agency

procuring activity (see 706.003 of this part) to the AID Procurement

Executive. The AID Procurement Executive, under the Administrator's

delegation, has designated the M/OP Deputy Director for Policy,

Evaluation and Support as the Agency's competition advocate and the

deputy head (or equivalent) of each contracting activity as the

competition advocate for each activity. The competition advocate for M/

OP is the Deputy Director for Operations. If there is no deputy or

equivalent, the head of the contracting activity is designated the

competition advocate for that activity. The competition advocate's

duties may not be redelegated, but can be exercised by persons serving

as acting deputy (or acting head) of the contracting activity. For

definitions of contracting activity and head of contracting activity,

see 702.170-3 and 702.170-10, respectively.

PART 710--SPECIFICATIONS, STANDARDS, AND OTHER DESCRIPTIONS

710.070 [Amended]

9. Section 710.070, paragraph (b) is amended by removing ``(FA/

AS)'' wherever it appears and replacing it with ``M/AS)''.

PART 715--CONTRACTING BY NEGOTIATION

Subpart 715.5--Unsolicited Proposals

10. Section 715.504(a), is revised to read as follows:

715.504 Advance guidance.

(a) Information concerning USAID's policies for unsolicited

proposals is available from the U.S. Agency for International

Development, Office of Procurement, Evaluation Division, Room 1600H,

SA-14, Washington, DC 20523-1435.

* * * * *

PART 724--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

Subpart 724.1--Protection of Individual Privacy

724.170 [Amended]

PART 725--FOREIGN ACQUISITION

Subpart 725.70--Source, Origin, and Nationality

11 and 12. Section 725.705 is revised to read as follows:

725.705 Local procurement--contract clause.

(a) Local procurement may be undertaken in accordance with the

terms of Chapter 18 of AID Handbook 1, Supplement B.

(b) All contracts involving performance overseas must contain the

clause specified in 752.7017.

PART 728--BONDS AND INSURANCE

Subpart 728.1--Bonds

728.105-1 [Amended]

13. Paragraph (b) of section 728.105-1 is amended by removing

``Procurement Policy and Evaluation Staff (FA/PPE)'' and replacing it

with ``Office of Procurement, Policy Division (M/OP/P)''.

728.307-70 [Added]

14. A new section 728.307-70 is added to read as follows:

728.307-70 Medical Evacuation (MEDEVAC) Services (MAR 1993)

The Contracting Officer shall insert the clause at 752.228-70 in

all contracts which require performance by contractor employees

overseas.

PART 737--SERVICE CONTRACTING

Subpart 737--Advisory and Assistance Services

737.270 [Amended]

15. Section 737.270 is amended by removing ``Associate

Administrator for Finance and Administration'' and replacing it with

``Assistant Administrator for Management''.

PART 749--TERMINATION OF CONTRACTS

Subpart 749.1--General Principles

749.111-71 [Amended]

16. Paragraph (b) of section 749.111-71 is amended by removing ``$1

million'' and replacing it with ``$5 million''.

PART 750--EXTRAORDINARY CONTRACTUAL RELIEF

Subpart 750.71--Extraordinary Contractual Actions to Protect

Foreign Policy Interests of the United States

750.7109-1, 750.7110-1, 750.7110-2, 750.7110-3 [Amended]

17a. Sections 750.7109-1, 750.7110-1, and 750.7110-3 are amended by

removing ``Director, Procurement Policy and Evaluation Staff (FA/PPE)''

wherever it appears and replacing it with ``Chief of the Office of

Procurement, Evaluation Division (M/OP/E)''.

17b. Section 750.7110-2 is amended by deleting ``Procurement Policy

and Evaluation Staff (FA/PPE)'' and replacing it with ``Office of

Procurement, Evaluation Division (M/OP/E)''.

PART 752--SOLICITATION PROVISION AND CONTRACT CLAUSES

Subpart 752.2--Texts of Provisions and Clauses

752.225-9 [Amended]

18. Section 752.225-9 is amended by removing ``FAR 25.407(a)(2)''

and replacing it with ``FAR 25.408(a)(2)''.

752.228-70 [Added]

19. Section 752.228-70 is added to read as follows:

752.228-70 Medical Evacuation (MEDEVAC) Services.

As prescribed in 728.307-70, for use in all contracts requiring

performance overseas:

Medical Evacuation (MEDEVAC) Services (Mar 1993)

(a) Contractors agree to provide medevac service coverage to all

U.S. citizen, U.S. resident alien, and Third Country National

employees and their authorized dependents while overseas under an

AID financed direct contract. Coverage shall be obtained pursuant to

the terms of the contract between AID and AID's medevac service

provider unless exempted in accordance with paragraph (b) of this

clause.

(b) The following are exempted from the requirements in

paragraph (a) of this clause:

(i) Eligible employees and their dependents with a health

program that includes sufficient medevac coverage as approved by the

Contracting Officer.

(ii) Eligible employees and their dependents located at Missions

where the Mission Director makes a written determination to waive

the requirement for such coverage based on findings that the quality

of local medical services or other circumstances obviate the need

for such coverage.

(c) Contractors further agree to insert in all subcontracts

hereunder to which the medevac coverage is applicable, a clause

similar to this clause, including this sentence, imposing on all

subcontractors a like requirement to provide medical evacuation

services coverage and obtain medevac coverage in accordance with the

contract between AID and AID's medevac service provider.

752.232-70 [Amended]

20. The introductory sentence in section 752.232-70 is amended by

removing ``732.406.70-4'' and replacing it with ``732.406-73''.

Subpart 752.70--Texts Of AID Contract Clauses

21. Section 752.7004, paragraph (b)(5) is revised to read as

follows:

752.7004 Source and nationality requirements.

* * * * *

(b) * * *

(5) Vouchers submitted for reimbursement which include ocean

shipment costs shall contain a certification essentially as follows:

``I hereby certify that a copy of each ocean bill of lading

concerned has been submitted to the Maritime Administration,

Division of National Cargo, 400 Seventh St., S.W. Washington, D.C.

20590 and to US Agency for International Development, Office of

Procurement, Transportation Division, Room 1446, SA-14, Washington,

D.C. 20523-1435 and that such bills of lading state all of the

carrier's charges including the basis for calculation which as

weight or cubic measurement.''

* * * * *

22. Section 752.7017 is revised to read as follows:

752.7017 Local procurement.

For use in any AID contract involving performance overseas.

Local Procurement (APR 1994)

(a) Local procurement involves the use of appropriated funds to

finance the procurement of goods and services supplied by local

businesses, dealers or producers, with payment normally being in the

currency of the cooperating country.

(b) All locally-financed procurements must be covered by source/

origin and nationality waivers as set forth in Chapter 5 of AID

Handbook 1, Supplement B, with the following exceptions:

(1) Commodities and services financed under the Development Fund

for Africa, unless otherwise specified in the contract.

(2) Locally available commodities of U.S. origin, which are

otherwise eligible for financing, if the transaction value is

estimated not to exceed the local currency equivalent of $100,000

(exclusive of transportation costs).

(3) Commodities of geographic code 935 origin if the transaction

value does not exceed $5,000.

(4) Professional services contracts estimated not to exceed

$250,000.

(5) Construction services contracts estimated not to exceed $5

million.

(6) Commodities, services and related expenses which as a

practical matter can only be acquired, performed, or incurred in the

cooperating country such as: utilities; communications; housing and

office rental; hotel accommodations; petroleum, oils and lubricants

for vehicles and equipment; vehicle maintenance; and newspapers,

periodicals, or books published in the cooperating country.

752.7026 [Amended]

23. Section 752.7026, paragraph (b)(3) is amended by removing

``Directorate for Policy'' and replacing it with ``Bureau for Policy

and Program Coordination'' and by removing ``POL/CDIE/DI'' and

replacing it with ``PPC/CDIE/DI''.

PART 753--FORMS

Subpart 753.1--General

753.1 [Amended]

24. Subpart 753.1 is amended by removing ``(FA/AS/PP/PP)'' and

replacing it with ``(M/AS/PP/PP)''.

Appendices to Chapter 7

Appendix H--Responses to Audit Recommendations

25. Paragraph (b)(3) Collection of section 5. Procedures is amended

by removing ``FM/PAFD'' and replacing it with ``FM/CMP''.

26. Paragraph (a) General of section 7. Clearances is amended by

removing ``DAA/FA'' and replacing it with ``DAA/M''.

Dated: May 17, 1994.

Michael D. Sherwin,

Procurement Executive.

[FR Doc. 94-15726 Filed 6-28-94; 8:45 am]

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