[Federal Register Volume 64, Number 148 (Tuesday, August 3, 1999)]
[Rules and Regulations]
[Pages 42040-42042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19648]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Parts 701, 702, 703, 705, 706, 709, 714, 716, 719, 726, 732,
733, 734, 749, 750 and 752
[AIDAR Circular 99-1]
RIN 042-AA42
Realignment of Contracting Responsibilities and Authorities From
the Procurement Executive to the Director, Office of Procurement, and
Other Miscellaneous Amendments to Acquisition Regulations
AGENCY: U.S. Agency for International Development.
ACTION: Final rule.
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SUMMARY: Authorities previously delegated to the Agency Procurement
Executive have been redelegated to the Director of the Office of
Procurement. Many of these authorities are identified in the USAID
Acquisition Regulation (AIDAR), 48 CFR Chapter 7, which consequently
must be amended to reflect the redelegation. Other administrative
amendments are being made concurrently.
EFFECTIVE DATE: September 2, 1999.
FOR FURTHER INFORMATION CONTACT: M/OP/POL, Ms. Diane M. Howard, Room
7.08-082U, 1300 Pennsylvania Ave., NW., U.S. Agency for International
Development, Washington, DC 20523-7801. Telephone (202) 712-0206;
internet: [email protected].
SUPPLEMENTARY INFORMATION: In conjunction with the reassignment of the
Agency Procurement Executive and the naming of a new Director of the
Office of Procurement (``M/OP Director''), authorities and
responsibilities previously delegated to the Procurement Executive have
been redelegated to the M/OP Director. Many of these authorities and
responsibilities are specified in the USAID Acquisition Regulation
(AIDAR), and consequently the AIDAR is being amended to reflect this
realignment and to appropriately relocate and more concisely state
these authorities and responsibilities in (48 CFR) AIDAR 701.
Amendments 2 through 8, 11, 13, 14, 18, 20, and 22 make changes
resulting from this redelegation. In addition, amendments 4 and 5 amend
the organization of AIDAR administrative policy and contracting
authorities in the AIDAR itself to more closely parallel the FAR,
including instituting the use of the term ``AIDAR Circular'' rather
than ``AIDAR Notice'' as the title of the document used to revise the
AIDAR.
Administrative matters are effected through Amendments 9, 10, 12,
15, 16, 17, 19, 21, 23, and 24, summarized as follows:
1. Amendment 9 amends section 702.170-17 to update USAID's
definition of its Automated Directives System;
2. Amendment 10 removes a redundant section;
3. Amendments 12, 15, and 17 correct references that were
overlooked in AIDAR Notice 98-1, which amended the AIDAR to be
consistent with the FAR Part 15 Rewrite (FAC 97-2);
4. Amendment 16 amends the heading for Part 719 to be consistent
with FAR Part 19;
5. Amendment 19 removes invalid language;
6. Amendment 21 removes the references to the International
Development Cooperation Agency in section 750.7101, since this agency
was abolished in the Foreign Affairs Reform and Restructuring Act of
1998, Public Law 105-277;
7. Amendment 23 updates the name of the referenced office; and
8. Amendment 24 removes the clause in section 752.2026, because
replacement regulatory coverage for periodic reporting is being handled
separately through the Proposed rule published on November 4, 1998, as
AIDAR Notice 98-2 (63 FR 59501), and the continued inclusion of this
clause in the AIDAR is confusing.
The changes being made by this Circular are not considered
``significant'' under FAR 1.301 or FAR 1.501, and public comments have
not been solicited. This Circular will not have an impact on a
substantial number of small entities nor does it establish a new
collection of information as contemplated by the Regulatory Flexibility
Act and the Paperwork Reduction Act. Because of the nature and subject
matter of this Circular, use of the proposed rule/public comment
approach was not considered necessary. We decided to issue as a Final
Rule; however, we welcome public comment on the material covered by
this Circular or any other 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, 705, 706, 709, 714,
716, 719, 726, 732, 733, 734, 749, 750 and 752
Government procurement.
For the reasons set out in the Preamble, 48 CFR Chapter 7 is
amended as set forth below.
1. The authority citations in Parts 701, 702, 703, 705, 706, 709,
714, 716, 719, 726, 732, 733, 749, 750 and 752 continue to read as
follows:
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.
CHAPTER 7--[AMENDED]
2. Chapter 7 is amended by removing ``Procurement Executive''
wherever it appears in the following sections and adding ``M/OP
Director'' in its place:
709.403
714.406-3
714.406-4
726.7005
733.103-71
733.103-72
733.103-73
734.002-70
749.111-70
749.111-71
750.7105
750.7110-2
750.7110-3
750.7110-4
Appendix D to Chapter 7, Section 4(e)(3)
3. Chapter 7 is amended by removing ``USAID Procurement Executive''
wherever it appears in the following sections and adding ``M/OP
Director'' in its place:
701.602-3
706.501
PART 701--FEDERAL ACQUISITION REGULATION SYSTEM
4. Subpart 701.3 is revised to read as follows:
Subpart 701.3--U.S. Agency for International Development
Acquisition Regulation
701.301 Policy.
701.303 Publication and codification.
701.301 Policy.
(a) Responsibility. Subject to the direction of the Administrator,
the Director, Office of Procurement (``M/OP Director'') is responsible
for:
(1) Developing and maintaining necessary uniform procurement
policies, procedures, and standards;
[[Page 42041]]
(2) Providing assistance to the contracting activities as
appropriate;
(3) Keeping the Administrator and Executive Staff fully informed on
procurement matters which should be brought to their attention; and
(4) All agency head duties and authorities stated in (48 CFR) FAR
subpart 1.3, in accordance with (48 CFR) AIDAR 701.601. These
responsibilities include but are not limited to developing, issuing,
and maintaining the USAID Acquisition Regulation (``AIDAR'', 48 CFR
chapter 7), USAID's supplement to the Federal Acquisition Regulation
(48 CFR Chapter 1), in coordination with the General counsel and such
other offices as may be appropriate.
(b) Applicability. (1) Unless a deviation is specifically
authorized in accordance with subpart 701.4, or unless otherwise
provided, the FAR and AIDAR apply to all contracts (regardless of
currency of payment, or whether funds are appropriated or non-
appropriated) to which USAID is a direct party.
(2) At Missions where joint administrative services are arranged,
procuring offices may apply the Department of State Acquisition
Regulation (48 CFR chapter 6) for all administrative and technical
support contracts except in defined areas. The Office of Administrative
Services will furnish the defined areas and administrative guidelines
for procurement to the overseas Missions. 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.
701.303 Publication and codification.
(a) The AIDAR is USAID's Acquisition Regulation supplementing the
FAR (48 CFR chapter 1) and is published as chapter 7 of Title 48, Code
of Federal Regulations. AIDAR Circulars shall be used to promulgate
changes to the AIDAR and shall be published in compliance with (48 CFR)
FAR part 1.
(b) Appendices. Significant procurement policies and procedures
that do not correspond to or conveniently fit into the FAR system
described in FAR 1.1 and 1.303 may be published as Appendices to the
AIDAR. Appendices follow the main text of the AIDAR in a section
entitled ``Appendices to Chapter 7'' and contain a table of contents
and the individual appendices identified by letter and subject title
(e.g., ``Appendix D--Direct USAID Contracts with a U.S. Citizen or a
U.S. Resident Alien for Personal Services Abroad'').
(c) Only the M/OP Director has the authority to issue internal
agency guidance applicable to all agency contracts. The heads of the
various USAID contracting activities (see subparts 701.6 and 702.10)
may issue operating instructions and procedures consistent with the
FAR, AIDAR, and other Agency regulations, policies, and procedures for
application within their organizations. One copy of each such issuance
shall be forwarded to the Office of Procurement, Policy Division (M/OP/
POL). Insofar as possible, such material will be numerically keyed to
the AIDAR.
Subpart 701.6--[Amended]
5. The head for subpart 701.6 is revised and section 701.601 is
amended by redesignating paragraphs (a) and (b) as (b) and (c)
respectively; by removing newly designated paragraph (c) (1) and
redesignating paragraphs (c)(2), (c)(3), and (c)(4) as (c)(1), (c)(2),
and (c)(3) respectively; and by adding a new paragraph (a), to read as
follows:
Subpart 701.6--Career Development, Contracting Authority, and
Responsibilities
701.601 General
(a) (1) Pursuant to the delegations in ADS 103.5.10, the M/OP
Director is authorized to act as the Head of the Agency for all
purposes described in the Federal Acquisition Regulation (FAR, 48 CFR
Chapter 1), except for the authority in (48 CFR) FAR sections 6.302-
7(a)(2), 6.302-7(c)(1), 17.602(a), 19.201(c), 27.306(a), 27.306(b), and
30.201-5, or where the ``head of the agency'' authority is expressly
not delegable under the FAR or AIDAR. Further, the M/OP Director is
responsible for implementing the procurement related aspects of the
Foreign Assistance Act, Executive Order 11223, the Office of Federal
Procurement Policy Act, and other statutory and Executive Branch
procurement policies and requirements applicable to USAID operations,
except for those authorities and responsibilities delegated to the
Procurement Executive as specified in ADS 103.5.10f.
(2) The M/OP Director has specified authority to:
(i) Select and appoint contracting officers and terminate their
appointments in accordance with section 1.603 of the Federal
Acquisition Regulation; and
(ii) Exercise in person or by delegation the authorities stated in
subpart 1.4 of the Federal Acquisition Regulation with regard to
deviations from that regulation.
* * * * *
PART 702--DEFINITIONS OF WORDS AND TERMS
702.170-9 [Amended]
6. Section 702.170-9 is amended by removing ``702.170-13(c)(4), the
Agency Procurement Executive'' and adding ``701.601(a)(1), the M/OP
Director'' in its place.
7. Section 702.170-13 is revised to read as follows:
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.
702.170-14 [Removed]
8. Section 702.170-14 is removed and reserved.
9. Section 702.170-17 is revised to read as follows:
702.170-17 Automated Directives System
``Automated Directives System'' (``ADS'') sets forth the Agency's
policies and essential procedures, as well 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 [email protected].
PART 703--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
703.104-11 [Removed]
10. Section 703.104-11 is removed.
[[Page 42042]]
PART 705--PUBLICIZING CONTRACT ACTIONS
705.502 [Amended]
11. Section 705.502(a) is amended by removing ``Procurement
Executive'' and ``702.170-13(c)(4)'' in the first sentence and adding
``M/OP Director'' and ``701.601(a)(1)'' in their places respectively.
PART 706--COMPETITION REQUIREMENTS
706.302-70 [Amended]
12. Paragraph (b)(4) of section 706.302-70 is amended by removing
``715.613-70'' and replacing it with ``715.370-1'' and by removing
``715.613-71'' and replacing it with ``715.370-2''.
PART 709--CONTRACTOR QUALIFICATIONS
13. Section 709.503 is revised to read as follows:
709.503 Waiver.
For purposes of approving waivers or further delegating the
authority to approve waivers pursuant to FAR 9.503, the M/OP Director
is the Agency head (see AIDAR 701.601(a)(1)). The M/OP Director hereby
delegates the authority to approve waivers pursuant to FAR 9.503 to the
heads of USAID contracting activities, as defined in AIDAR 702.170-10.
PART 716--TYPES OF CONTRACTS
716.303 [Amended]
14. Section 716.303(c) is amended by removing ``USAID Procurement
Executive (see 702.170-13)'' and replacing it with ``M/OP Director (see
701.601(a)(1))''.
716.306 [Removed]
15. Section 716.306 is removed and reserved.
16. The heading for Part 19 is revised to read as follows:
PART 719--SMALL BUSINESS PROGRAMS
719.271-6 [Amended]
17. Section 719.271-6 is amended by removing ``715.613-71'' in
paragraph (a)(3) and replacing it with ``715.370-2''.
PART 732--CONTRACT FINANCING
18. Section 732.402 is amended by revising paragraph (e)(1) to read
as follows:
732.402 General.
* * * * *
(e)(1) U.S. Dollar advances to for-profit organizations, including
advances for disbursement to grantees, shall be processed and approved
in accordance with ADS 583.5.6b.
* * * * *
732.406-72 [Amended]
19. Section 732.406-72 is amended by removing ``16 digit'' from
paragraph (b)(2).
PART 733--PROTESTS, DISPUTES AND APPEALS
733.101 [Amended]
20. Section 733.101 is amended by removing paragraph (a) and by
redesignating paragraphs (b) and (c) as (a) and (b), respectively.
PART 750--EXTRAORDINARY CONTRACTUAL ACTIONS
750.7101 [Amended]
21. Section 750.7101 is amended by removing the designation ``(a)''
in front of the first paragraph and by removing paragraph (b) in its
entirety. The first sentence of the remaining text is amended by adding
``and'' in front of ``Executive Order 12163'' and by removing ``as
amended; and International Development Cooperation Agency Delegation of
Authority No. 1, dated October 1, 1979 (44 FR 57521)''.
22. Section 750.7110-1 is amended by revising the last sentence to
read as follows:
750.7110-1 Investigation
* * * The investigation shall establish the facts essential to meet
the standards for deciding the particular case and shall address the
limitations upon exercise of the authority of the M/OP Director to
approve the request.
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
752.202-1 Alternate 71 [Amended]
23. The definition of the ``Director'' in section 752.202-1,
Alternative 71, is amended by removing ``Office of International
Training'' and replacing it with ``Center for Human Capacity
Development (G/HCD)''.
752.7026 [Removed]
24. Section 752.7026 is removed and reserved.
Dated: July 8, 1999.
Rodney W. Johnson,
Director, Office of Procurement.
[FR Doc. 99-19648 Filed 8-2-99; 8:45 am]
BILLING CODE 6116-01-M