48 CFR Part 701 — Federal Acquisition Regulation System

PART 701—FEDERAL ACQUISITION REGULATION SYSTEM 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. Source: 49 FR 13236, Apr. 3, 1984, unless otherwise noted. Subpart 701.1—Purpose, Authority, Issuance 701.106 OMB approval under the Paperwork Reduction Act. (a) The following information collection and record keeping requirements established by USAID have been approved by OMB and assigned an OMB control number as specified below: (48 CFR) AIDAR segment OMB control No. 752.219-8 0412-0520 752.245-70 0412-0520 752.245-71(c)(2) 0412-0520 752.247-70(c) 0412-0520 752.7001 0412-0520 752.7002(j) 0412-0520 752.7003 0412-0520 752.7004 0412-0520 752.7032 0412-0520 (b) The information requested by the AIDAR sections listed in paragraph (a) is necessary to allow USAID to prudently administer public funds. It lets USAID 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. [59 FR 33445, June 29, 1994, as amended at 61 FR 39090, July 26, 1996; 62 FR 40466, July 29, 1997; 64 FR 16648, Apr. 6, 1999; 72 FR 19670, Apr. 19, 2007. Redesignated and amended at 79 FR 74988, 74989, Dec. 16, 2014] Subpart 701.3—U.S. Agency for International Development Acquisition Regulation Source: 64 FR 42040, Aug. 3, 1999, unless otherwise noted. 701.301 Policy. (a) Responsibility. (1) Developing and maintaining necessary uniform procurement policies, procedures, and standards; (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 Office of the General Counsel and such other offices as may be appropriate. (b) Applicability. (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 Bureau for Management, Office of Management Services (M/MS) 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. [64 FR 42040, Aug. 3, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, 2014] 701.303 Publication and codification. (a) General. (b) Appendices. (c) Authorities. [64 FR 42040, Aug. 3, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, 2014; 89 FR 4202, Jan. 23, 2024] Subpart 701.4—Deviations from the FAR or AIDAR 701.402 Policy. It is USAID policy to approve deviations from the mandatory requirements of the FAR and AIDAR only if it is essential to effect necessary procurement actions and when special and exceptional circumstances make such deviation clearly in the best interest of the Government. [79 FR 74989, Dec. 16, 2014] 701.470 Procedure. (a) Deviation from the FAR or AIDAR affecting one contract or transaction. (2) In preparing and submitting deviations for approval, USAID operating units must follow the applicable USAID policies in the ADS 300 series, including mandatory written consultations with the Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P) and the Office of the General Counsel. For deviations related to AIDAR appendices D and J, Director of M/OAA clearance is required in lieu of M/OAA/P consultations, as outlined in appendices D and J. The CO must retain all approved deviations in the contract file. (b) Class deviations from the FAR or AIDAR. (1) Class deviations from the AIDAR will be processed in the same manner as prescribed in paragraph (a)(2) of this section. (2) Class deviations from the FAR will be considered jointly by USAID and the Chairperson of the Civilian Agency Acquisition Council (C/CAAC) pursuant to FAR 1.404. M/OAA/P is responsible for consultations with the C/CAAC. If the head of the contracting activity determines that urgency precludes such consultations, the deviation must include the reason, certified by the head of the contracting activity, for not coordinating with the C/CAAC and must be promptly shared with M/OAA/P. M/OAA/P is responsible for notifying the C/CAAC of the class deviation. (3) Individual heads of contracting activities have authority to approve class deviations affecting contracts only within the contracting activity under their management authority. Only the M/OAA Director has authority to approve class deviations that affect more than one contracting activity. (4) Class deviations from the FAR and the AIDAR will expire two (2) years from the date of approval, unless a shorter period is specified in a deviation or approval is rescinded. Class deviations from the FAR or the AIDAR that are based on statutory requirements or those that are in an active agency or Federal rulemaking process may extend beyond the 2-year period until the rulemaking is completed. Expiration of the deviation or the completion of related rulemaking ends its availability for use in future awards and modifications. Expiration dates must be shown on all class deviations. (5) Class deviations cannot be extended, except as provided in paragraph (b)(3) of this section. A new deviation to replace an expiring deviation must be prepared and approved in accordance with applicable Agency policy. (6) Approved class deviations must be retained by the issuing office and also in each contract file where the deviation is used. (c) Deviation request requirements. (d) Award terms. [89 FR 4203, Jan. 23, 2024, as amended at 89 FR 31658, Apr. 25, 2024] Subpart 701.6—Career Development, Contracting Authority, and Responsibilities 701.601 General. (a) M/OAA Director. (2) The M/OAA Director has specific authority to: (i) Select and appoint contracting officers and terminate their appointments in accordance with FAR 1.603; and (ii) Exercise or delegate the authorities identified in FAR subpart 1.4 with regard to deviations from FAR subpart 1.4. (b) Heads of contracting activities except the M/OAA Director. (c) Contracting activity procedures. (d) Limitations. (1) The Assistant to the Administrator for the Bureau of Humanitarian Assistance (AtA/BHA). (ii) Authority to execute simplified acquisitions up to $50,000 for immediate disaster relief purposes, or delegate such authority to qualified individuals in BHA. Such individuals must be selected and appointed in accordance with the requirements in FAR 1.603 and AIDAR 701.603. (2) Overseas heads of contracting activities. (ii) Authority to execute simplified acquisitions within the threshold defined in FAR 2.101 (or local currency equivalent). (iii) May delegate the authority for simplified acquisitions up to $50,000 to qualified individuals within that contracting activity. Such individuals must be selected and appointed in accordance with the requirements in FAR 1.603 and AIDAR 701.603. [89 FR 4203, Jan. 23, 2024] 701.602-1 Authority of contracting officers in resolving audit recommendations. With the exception of termination settlements subject to part 749, contracting officers have the authority to negotiate and enter into settlements with contractors for costs questioned under audit reports, or to issue a contracting officer's final decision pursuant to applicable dispute resolution procedures (in the event that questioned costs are not settled by negotiated agreement) in accordance with USAID's internal policy. The negotiated settlement or final decision will be final, subject only to a contractor's appeal under the provisions of the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), or other procedures, as applicable. Internal policy and procedures for resolving audit recommendations are found in ADS series 500 chapters for audits. [89 FR 4204, Jan. 23, 2024] 701.602-3 Ratification of unauthorized commitments. (a) [Reserved] (b) Policy. (2) In order to maintain management oversight and controls on unauthorized commitments, authority to ratify unauthorized commitments within USAID is reserved to the M/OAA Director. [53 FR 6829, Mar. 3, 1988, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] 701.603 Selection, appointment, and termination of appointment of contracting officers. 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. To ensure proper accountability, and to preclude possible security, conflict of interest, or jurisdiction problems, USAID contracting officers must be U.S. citizen direct-hire employees of the U.S. Government. However, Director, Bureau for Management, Office of Acquisition and Assistance (M/OAA Director) may also designate a U.S. Personal Services Contractor (USPSC) or a Cooperating Country National Personal Services Contractor (CCNPSC) as a contracting officer with a specific level of warrant authority. To qualify for a designation as a contracting officer, an individual must meet the requirements in FAR subpart 1.6 and the Agency's applicable warrant program. [85 FR 11861, Feb. 28, 2020] Subpart 701.7—Determinations 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 (48 CFR) FAR 1.704 and any information which may be required by the (48 CFR) 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; 79 FR 74988, Dec. 16, 2014] 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, as amended at 79 FR 74988, Dec. 16, 2014]

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