Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4201 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Torberntsson, Procurement 

Analyst, at 720–475–0568 or 

gsarpolicy@gsa.gov, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or gsaregsec@gsa.gov. 

Please cite GSAR Case 2022–G514. 

SUPPLEMENTARY INFORMATION: GSA is 

making a correction to a paragraph in 

the revision of 48 CFR 538.238–73 

published in a final rule on January 12, 

2024. The words ‘‘the Handicapped.’’ 

erroneously appeared in paragraph 

(b)(1) of the section. 

Correction 

In FR Doc. 2024–00519 appearing on 

page 2173 in the issue of January 12, 

2024, make the following correction: 

552.238–73 [Corrected] 

■ On page 2173, in the second column, 

paragraph (b)(1) in revised section 

552.238–73 is corrected by removing 

‘‘the Handicapped.’’ following the first 

sentence. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

[FR Doc. 2024–01216 Filed 1–22–24; 8:45 am] 

BILLING CODE 6820–61–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 701, 702, 704, 705, 706, 

715, 719, 725, 731, 742, 750, and 752 

RIN 0412–AA88 

U.S. Agency for International 

Development Acquisition Regulation; 

Administrative Updates 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

issuing this direct final rule revising the 

Agency for International Development 

Acquisition Regulation (AIDAR) to 

maintain consistency with Federal and 

agency regulations, remove obsolete 

material and internal agency 

procedures, and make editorial 

amendments to clarify the regulation. 

DATES: This rule is effective May 22, 

2024, without further action, unless 

significant adverse comments are 

received by February 22, 2024. If 

significant adverse comment(s) are 

received, USAID will publish a timely 

withdrawal of those portion(s) of the 

rule in the Federal Register. 

ADDRESSES: You may send comments, 

identified by your name, company name 

(if any), and the Regulatory Information 

Number (RIN) 0412–AA88 for this 

rulemaking via the following method: • Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. All comments 

received will be posted without change 

to https://www.regulations.gov, 

including any personal information 

provided. We recommend that you do 

not submit information that you 

consider Confidential Business 

Information (CBI) or any information 

that is otherwise protected from 

disclosure by statute. If your comment 

cannot be submitted using https://

www.regulations.gov, please email the 

point of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

FOR FURTHER INFORMATION CONTACT: 

Lyudmila Bond, 202–916–2622, 

policymailbox@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

USAID is publishing this revision as 

a direct final rule as the changes are 

conforming and administrative 

amendments and the agency does not 

anticipate any significant adverse 

comments. This rule will be effective on 

the date specified in the DATES section 

above without further notice unless 

significant adverse comment(s) are 

received by the date specified in the 

DATES section above. 

USAID will only address comments 

that explain why the rule would be 

inappropriate, ineffective, or 

unacceptable without a change. USAID 

may not consider comments that are 

insubstantial or outside the scope of the 

rule. 

If significant adverse comments are 

received on the direct final rule, USAID 

will publish a timely partial withdrawal 

in the Federal Register informing the 

public what sections of the rule will not 

take effect. Any portions of the direct 

final rule for which no significant 

adverse comments are received will 

become final after the designated 

period. Additionally, USAID is publishing a 

separate document in the ‘‘Proposed 

Rules’’ section of this Federal Register 

that will serve as the proposal to 

approve AIDAR revisions for which 

significant adverse comments may be 

received. In this case, USAID will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. USAID will not institute 

a second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

II. Background 

This direct final rule is part of the 

AIDAR rewrite initiative, in which all 

parts of the regulation were reviewed 

and updated to: make editorial 

amendments to clarify the regulation, 

include previously implemented policy, 

and delete outdated information and 

agency internal guidance from the 

regulation. This rule incorporates 

updates to the AIDAR parts 701, 702, 

704, 705, 706, 715, 719, 725, 731, 742, 

750, and 752. 

The following changes are 

implemented by this direct final rule: 

• AIDAR 701.303, 701.470, 701.601, 

701.602–1, 702.170, 704.2105 [new 

section], 704.5 [new subpart], 705.102, 

705.202, 706.302–70, 715.602, 715.604, 

719.271–6, 725.170, 725.403, 731.771, 

731.773, 742.770, 750.000, 750.7101, 

750.7102, 750.7103, 750.7104, 750.7105, 

750.7106–1, 750.7106–2, 750.7106–3, 

750.7107, 750.7108, 750.7109–1, 

750.7109–3, 750.7110, 752.202–1, 

752.222–70, 752.222–71, 752.225–9 

[redesignated as 752.225–11], 752.225– 

70, 752.227–14, 752.231–71, 752.7018, 

752.7019, 752.7021, 752.7022, 752.7023, 

752.7024, 752.7028, and 752.7032, are 

revised for clarity, to maintain 

consistency with Federal and agency 

regulations, to update references to 

current agency procedures, to remove 

outdated information and internal 

agency guidance, and, where applicable, 

to correct errors and omissions. 

Additional background and specific 

highlights of changes include: 

• AIDAR sections 701.601(c)(2), 

719.271–6(a)(4), 752.202–1(c) (Alternate 

71), 752.7018, 752.7019, 752.7021, 

752.7022, 752.7023, and 752.7024 are 

being removed (and in most instances 

reserved) as USAID no longer has a 

separate Participant Training program; 

therefore, the sections, paragraphs, and 

clauses referring to it are obsolete. 

• Section 889(a)(1)(A) of the John S. 

McCain National Defense Authorization 

Act (NDAA) for fiscal year (FY) 2019 

prohibits agencies after August 13, 2019, 

from entering into a contract (or 

extending or renewing a contract) with 

an entity that procures or obtains any 

equipment, system, or service that uses 

covered telecommunications equipment 

or services as a substantial or essential 

component of any system, or as critical 

technology as part of any system. 

Section 889(a)(1)(B) of the John S. 

McCain NDAA for FY 2019 prohibits 

executive agencies from entering into a 

contract (or extending or renewing a 


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contract) with an entity that uses any 

equipment, system, or service that uses 

covered telecommunications equipment 

or services as a substantial or essential 

component of any system, or as critical 

technology as part of any system. The 

prohibitions for both section 

889(a)(1)(A) and section 889(a)(1)(B) 

have been implemented for contracts 

subject to the Federal Acquisition 

Regulations (FAR) (48 CFR chapter 1) 

through the provision at 52.204–24, the 

clause at 52.204–25, and the provision 

at 52.204–26. As the prohibition in 

sections 889(a)(1)(A) and (a)(1)(B) of the 

FY 2019 NDAA cover entities that the 

U.S. Government contracts with, USAID 

has made a determination that the 

requirements of sections 889(a)(1)(A) 

and (a)(1)(B) do not apply to personal 

services contracts with individuals 

awarded under AIDAR appendices D 

and J. The associated risks are mitigated 

by providing such individuals with the 

needed support services, equipment, 

and supplies. In addition, per the 

requirements in appendices D and J, 

personal services contractors are not 

allowed to subcontract out any work. 

AIDAR section 704.2105 is added to 

allow contracting officers to omit 

provisions and clauses prescribed in 

FAR subpart 4.21 from personal services 

contracts awarded under AIDAR 

appendices D and J. 

• The new AIDAR subpart 704.5, 

Electronic Commerce in Contracting, 

encourages the use of electronic 

commerce through USAID’s eSign Portal 

located at https://

account.docusign.com. 

• AIDAR sections 705.102, 705.202, 

and 706.302–70 are updated to reflect 

the agency’s current policies on 

exceptions to publicizing and 

competition requirements. In 

accordance with FAR 5.102(a)(5)(iii), 

sections 705.102 and 705.202 exempt 

certain solicitations and awards of 

personal services contracts and 

contracts at $250,000 or less from the 

publicizing requirements in FAR part 5. 

Section 706.302–70, Impairment of 

foreign aid programs, was revised to 

clarify, among other administrative 

updates, that authorities in 706.302– 

7(b)(1) through (4) can be used on a 

class basis. An Assistant 

Administrator’s determination and 

findings may cover one or more contract 

actions or programs within delegated 

program authority. A determination and 

findings made by the Administrator may 

cover all USAID programs, pertain to 

matters which concern more than one 

Assistant Administrator, or any Agency 

contract actions at the Administrator’s 

discretion. 

• On January 29, 2020, the United 

States adopted the Agreement between 

the United States of America, the United 

Mexican States (Mexico), and Canada 

(the United States-Mexico-Canada 

Agreement), as approved by Congress in 

the United States-Mexico-Canada 

Agreement Implementation Act 

(Government Procurement Agreement 

applicable only to United States and 

Mexico) (Pub. L. 116–113) (19 U.S.C. 

chapter 29 (sections 4501–4732), 

USMCA). The USMCA supersedes the 

North American Free Trade Agreement 

(NAFTA); the reference to NAFTA in 

725.403 is replaced with USMCA. 

• AIDAR subpart 731.7 on contracts 

with nonprofit organizations is revised 

to conform to the policies in 2 CFR part 

200, Office of Management and Budget’s 

(OMB) Regulation, and 2 CFR part 700, 

USAID’s supplement to 2 CFR part 200. 

On December 26, 2013 (at 78 FR 78590), 

OMB published new guidance at 2 CFR 

part 200 entitled ‘‘Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards (OMB Uniform 

Guidance)’’. The OMB guidance, which 

supersedes OMB Circulars A–21, A–87, 

A–89, A–102, A–110, A–122, and A– 

133, and the guidance in Circular A–50 

on Single Audit Act follow-ups, was 

adopted by Federal agencies, including 

USAID, and became effective on 

December 26, 2014. 

• AIDAR sections 731.771, 750.7101, 

750.7103, and 750.7110 are being 

revised or removed (and reserved) as a 

result of agency deregulatory efforts. 

Notably, section 731.771 is no longer 

necessary as Government-wide policies 

on bid and proposal costs for awards 

with nonprofit organizations have been 

established in 2 CFR part 200. 

• AIDAR clause at 752.222–71, 

Nondiscrimination, is being revised to 

mirror USAID’s policy statement on 

Equal Employment Opportunity, which 

can be found on the agency’s public 

website at https://www.usaid.gov/open/ 

policy-statement/oct-07-2021-equalemployment-opportunity. Revisions to 

752.222–71 encourage contractors to 

develop and enforce nondiscrimination 

policies consistent with USAID’s 

approach to workplace 

nondiscrimination. 

III. Impact Assessments 

(1) Regulatory Planning and Review 

This direct final rule was drafted in 

accordance with Executive Order (E.O.) 

12866, as amended by E.O. 14094, and 

E.O. 13563. OMB has determined that 

this rule is not a ‘‘significant regulatory 

action,’’ as defined in section 3(f) of E.O. 

12866, as amended, and is therefore not 

subject to review by OMB. 

(2) Congressional Review Act 

This direct final rule is not a major 

rule under the Congressional Review 

Act (5 U.S.C. 801 et seq.). 

(3) Executive Order No. 13132 

This rule will not have a substantial 

direct effect on the states, on the 

relationships between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this direct final rule 

does not contain policies that have 

federalism implications. 

(4) Regulatory Flexibility Act 

The rule will not have an impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Further, the rule incorporates 

administrative changes to the AIDAR 

and does not add any new requirements 

on USAID contractors, including small 

businesses. Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. 

(5) Paperwork Reduction Act 

This rule does not establish a new 

collection of information that requires 

the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 701, 

702, 704, 705, 706, 715, 719, 725, 731, 

742, 750, and 752 

Government procurement. 

For the reasons discussed in the 

preamble, USAID amends 48 CFR 

chapter 7 as follows: 

SUBCHAPTER A—GENERAL 

PART 701—FEDERAL ACQUISITION 

REGULATION SYSTEM 

■ 1. The authority citation for part 701 

continues 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. 

Subpart 701.3—U.S. Agency for 

International Development Acquisition 

Regulation 

■ 2. Amend section 701.303 by revising 

paragraph (a) and adding a heading for 

paragraph (c) to read as follows: 


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701.303 Publication and codification. 

(a) General. 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. Changes to the 

AIDAR shall be published in 

compliance with FAR part 1. 

* * * * * 

(c) Authorities. * * * 

Subpart 701.4—Deviations from the 

FAR or AIDAR 

■ 3. Revise section 701.470 to read as 

follows: 

701.470 Procedure. 

(a) Deviation from the FAR or AIDAR 

affecting one contract or transaction. (1) 

Deviations that affect only one contract 

or procurement require prior approval 

by the head of the contracting activity. 

(2) In preparing and submitting 

deviations, USAID operating units must 

follow the applicable USAID policy, 

including mandatory consultations with 

the Bureau for Management, Office of 

Acquisition and Assistance, Policy 

Division (M/OAA/P) and the Office of 

the General Counsel. Approved 

deviations must be retained in the 

contract file. 

(b) Class deviations from the FAR or 

AIDAR. Class deviations are those that 

affect more than one contract or 

contractor. Deviations involving basic 

ordering agreements or indefinitedelivery contracts are class deviations as 

they are considered to involve more 

than one contract. 

(1) Class deviations from the AIDAR 

will be processed in accordance with 

the applicable USAID policy. 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. 

(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) 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. 

(4) 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. 

(5) 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. 

All requests for deviations must contain 

a complete description of the deviation, 

the effective date of the deviation, the 

circumstances in which the deviation 

will be used, a specific reference to the 

regulation being deviated from, an 

indication as to whether any identical or 

similar deviations have been approved 

in the past, a complete justification of 

the deviation including any added or 

decreased cost to the Government, and, 

as applicable, the name(s) of the 

contractor(s), and the contract or task 

order number(s). 

(d) Award terms. Once the terms and 

conditions of an award are approved 

based on a deviation, they remain in 

effect unless such authority is limited 

by the terms of the contract or removed 

by a modification. 

Subpart 701.6—Career Development, 

Contracting Authority, and 

Responsibilities 

■ 4. Revise section 701.601 to read as 

follows: 

701.601 General. 

(a) M/OAA Director. (1) Pursuant to 

the delegations in USAID’s Automated 

Directives System (ADS) Chapter 103, 

the M/OAA 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 

FAR 6.302–7, 17.602(a), 19.201(c), 

27.306(a), and 30.201–5, or where the 

‘‘head of the agency’’ authority is 

expressly not delegable under the FAR 

or AIDAR. Further, the M/OAA 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, 

including those authorities and 

responsibilities delegated to the Senior 

Procurement Executive as specified in 

the ADS. 

(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. Except as 

otherwise prescribed, the head of each 

contracting activity (as defined in 

702.170) is responsible for the 

procurement of supplies and services 

within the contracting activity under 

their management authority. The heads 

of USAID contracting activities are 

vested with broad authority to carry out 

the programs and activities for which 

they are responsible. This includes 

authority to execute contracts and 

establish procurement guidance and 

standards (including delegations, 

assignments of responsibilities, workflow procedures, and internal reporting 

requirements) for their programs and 

activities, subject to Government-wide 

and USAID requirements and 

limitations, such as those found in this 

section and particularly 701.603–70, the 

USAID policy regarding the direct-hire 

status of contracting officers. 

(c) Contracting activity procedures. A 

contracting activity may establish 

procurement guidance, standards, 

strategies, practices, or procedures to 

implement its programs and activities. 

Such guidance, standards, strategies, 

practices, or procedures must be 

consistent with government-wide or 

agency-specific regulations and policies, 

or, if inconsistent, must be processed as 

a deviation in accordance with 701.470. 

A contracting activity may also establish 

procurement guidance, standards, 

strategies, practices, or procedures for 

its programs and activities, which are in 

the best interest of the Government and 

which are not specifically addressed in 

the government-wide or agency-specific 

regulations and policies, nor prohibited 

by law, Executive order, or other 

regulation. 

(d) Limitations. The authority of 

heads of contracting activities to execute 

contracts is limited as follows: 


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4204 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

(1) The Assistant to the Administrator 

for the Bureau of Humanitarian 

Assistance (AtA/BHA). (i) Authority to 

execute and modify contracts for 

immediate disaster relief purposes, 

including personal services contracts up 

to $500,000 per transaction. 

(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. (i) Authority to execute 

contracts and modifications where the 

total estimated cost of the contract, 

including any modifications, does not 

exceed $1,000,000 (or local currency 

equivalent) for personal services 

contracts. 

(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. 

■ 5. Revise section 701.602–1 to read as 

follows: 

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. 

PART 702—DEFINITIONS OF WORDS 

AND TERMS 

■ 6. The authority citation for part 702 

continues 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. 

Subpart 702.170—Definitions 

■ 7. Amend section 702.170–1 as 

follows: 

■ a. Add a definition for ‘‘Assistant 

Administrator’’ in alphabetical order; 

and 

■ b. Revise the definitions of 

‘‘Contracting activities’’ and ‘‘Head of 

the contracting activity’’. 

The addition and revisions read as 

follows: 

702.170—1 Definitions. 

* * * * * 

Assistant Administrator means the 

principal officer and advisor in a USAID 

Bureau who administers programs 

within delegated authorities and in 

accordance with policies and standards 

established by the Administrator. The 

position title Assistant Administrator 

also includes the position Assistant to 

the Administrator. 

* * * * * 

Contracting activities also referred to 

as ‘‘procuring activities’’ within USAID 

are: 

(1) The USAID/Washington activities. 

The contracting activities located in 

Washington, DC are: The Bureau for 

Management, Office of Acquisition and 

Assistance (M/OAA) and the Bureau for 

Humanitarian Assistance (BHA). Subject 

to the limitations in 701.601, BHA is 

responsible for procurements related to 

programs and activities for its area. M/ 

OAA is responsible for procurements 

that do not fall within the responsibility 

of other contracting activities, or that are 

otherwise assigned to it. 

(2) The overseas field contracting 

activities. Each USAID Mission or post 

overseas is a contracting activity 

responsible for procurements related to 

its programs and activities, subject to 

the limitations in 701.601. 

* * * * * 

Head of the contracting activity, as 

used in this chapter: 

(1) The heads of USAID contracting 

activities are listed in this paragraph (1). 

The limits of their contracting authority 

are set forth in 701.601. 

(i) USAID/Washington heads of 

contracting activities. (A) Director, 

Bureau for Management, Office of 

Acquisition and Assistance; and 

(B) Assistant to the Administrator, 

Bureau for Humanitarian Assistance 

(BHA). 

(ii) Overseas heads of contracting 

activities. Each Mission Director or 

principal USAID officer at post (for 

example, USAID Representative, USAID 

Affairs Officer, and similar 

designations). 

(2) Individuals serving in the 

positions listed in paragraph (1) of this 

definition in a designated ‘‘Acting’’ 

capacity may exercise the authority 

delegated to that position. 

* * * * * 

PART 704—ADMINISTRATIVE AND 

INFORMATION MATTERS 

■ 8. The authority citation for part 704 

continues 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. 

■ 9. Revise the heading of part 704 to 

read as set forth above. 

■ 10. Add subpart 704.5, consisting of 

section 704.502, to read as follows: 

Subpart 704.5—Electronic Commerce 

in Contracting 

704.502 Policy. 

USAID encourages the use of 

electronic commerce through USAID’s 

eSign Portal located at DocuSign. The 

agency head has determined that the 

eSign Portal is capable of ensuring 

authentication and confidentiality 

commensurate with the risk and 

magnitude of the harm from loss, 

misuse, or unauthorized access to or 

modification of the information. USAID 

uses Login.gov for secure sign in. 

USAID will accept electronic signatures 

in connection with contracts, 

modifications and any other 

documentation where digital signatures 

are authorized under the FAR. 

■ 11. Add subpart 704.21, consisting of 

section 704.2105, to read as follows: 

Subpart 704.21—Prohibition on 

Contracting for Certain 

Telecommunications and Video 

Surveillance Services or Equipment 

704.2105 Solicitation provisions and 

contract clause. 

(a)–(c) [Reserved] 

(d) Personal services contracts. The 

requirements in paragraphs (a) through 

(c) of FAR 4.2105 do not apply to 

solicitations and contracts for personal 

services with individuals issued in 

accordance with appendices D and J of 

this chapter. 

SUBCHAPTER B—ACQUISITION PLANNING 

PART 705—PUBLICIZING CONTRACT 

ACTIONS 

■ 12. The authority citation for part 705 

continues to read as follows: 

Authority: Sec. 621, Pub. L. 87–195, 75 

Stat. 445 (22 U.S.C. 2381), as amended; E.O. 


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12163, Sept. 29, 1979, 44 FR 56673, 3 CFR, 

1979 Comp., p. 435; 40 U.S.C. 474. 

■ 13. Add subpart 705.1, consisting of 

section 705.102, to read as follows: 

Subpart 705.1—Dissemination of 

Information 

705.102 Availability of solicitations. 

In accordance with FAR 

5.102(a)(5)(iii), the Senior Procurement 

Executive has determined that access 

through the Governmentwide Point of 

Entry is not in the Government’s interest 

for solicitations for any contract of 

$250,000 or less by an overseas 

contracting activity issued under the 

authorities in 706.302–70(b)(2) or in 

accordance with the requirements in 

FAR part 13. 

Subpart 705.2—Synopsis of Proposed 

Contract Actions 

■ 14. Revise section 705.202 to read as 

follows: 

705.202 Exceptions. 

(a) [Reserved] 

(b) Agency determinations. The head 

of the U.S. Agency for International 

Development has determined after 

consultation with the Administrator of 

the Office of Management and Budget’s 

Office of Federal Procurement Policy 

and the Administrator of the Small 

Business Administration, that advance 

notice is not appropriate or reasonable 

for the following: 

(1) Contract actions described in 

706.302–70(b)(1) through (3); or 

(2) A contract of $250,000 or less by 

an overseas contracting activity issued 

in accordance with the requirements in 

FAR part 13. 

PART 706—COMPETITION 

REQUIREMENTS 

■ 15. The authority citation for part 706 

continues 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; 40 U.S.C. 474. 

Subpart 706.3—Other Than Full and 

Open Competition 

■ 16. Revise section 706.302–70 to read 

as follows: 

706.302–70 Impairment of foreign aid 

programs. 

(a) Authority. (1) The authority is 40 

U.S.C. 113. 

(2) Full and open competition need 

not be obtained when it would impair 

or otherwise have an adverse effect on 

programs conducted for the purposes of 

foreign aid, relief, and rehabilitation. 

(b) Application. This authority may be 

used for: 

(1) Personal services performed 

abroad by an individual under the 

authorities of section 636(a)(3) of the 

Foreign Assistance Act of 1961, as 

amended; 

(2) Supplies or services with a total 

value of $250,000 or less by an overseas 

contracting activity; 

(3)(i) Supplies or services when the 

cognizant Assistant Administrator 

makes a formal written Determination 

and Findings (D&F)(see FAR subpart 

1.7), that compliance with full and open 

competition procedures to procure the 

goods or services through one or more 

contract actions would impair foreign 

assistance objectives and would be 

inconsistent with the fulfillment of one 

or more foreign assistance programs for 

which the Assistant Administrator is 

responsible; or 

(ii) Supplies or services for countries, 

regions, or programs for which the 

Administrator of USAID makes a D&F 

(see FAR subpart 1.7) that compliance 

with full and open competition 

procedures would impair foreign 

assistance objectives, and would be 

inconsistent with the fulfillment of 

foreign assistance programs; 

(4) Supplies or services awarded 

under 715.370–1 or 715.370–2; and 

(5) A specific contract for the 

continued provision of highlyspecialized services when an award to 

another contractor would result in 

substantial additional costs to the 

Government or cause unacceptable 

delays. 

(c) Limitations. (1) A contract 

awarded using the authority in 

paragraph (a) of this section must be 

supported by a written justification and 

approval (J&A) meeting the 

requirements of FAR 6.303 and 6.304, 

except that a determination made under 

paragraph (b)(3) of this section will not 

be subject to the requirement for 

contracting officer certification or to 

approvals required in FAR 6.304. 

(2) Proposals must be requested from 

as many potential offerors as is 

practicable under the circumstances. 

(3) When using the authorities in 

paragraphs (b)(4) and (5) of this section 

the contracting officer must publicize 

the advance notice of the proposed 

contract action as required in FAR 

5.201. However, when the authorities at 

paragraphs (b)(1) through (3) of this 

section are used, advance notice of 

proposed contract action is not required 

in accordance with AIDAR 705.202. 

(4) The authority in paragraph (b)(3) 

of this section shall be used only when 

no other authority provided in FAR 

6.302 or AIDAR 706.302 is suitable. The 

specific foreign assistance objective that 

would be impaired must be identified 

and explained in a written D&F. Prior 

consultation with the Agency 

Competition Advocate (see 706.501) is 

required before executing the written 

D&F, and this consultation must be 

reflected in the D&F. In addition, the 

contracting activity must prepare a J&A 

as required in paragraph (c)(1) of this 

section. 

(5) Use of the authority in paragraph 

(b)(5) of this section for proposed 

follow-on contracts or modifications to 

extend contracts for the continued 

provision of highly-specialized services 

in excess of one year or over $250,000 

is subject to the approval of the Agency 

Competition Advocate. For all other 

extensions and follow-on contracts 

relying on the authority in paragraph 

(b)(5), the contracting officer’s 

certification required in FAR 6.303– 

2(b)(12) will serve as approval. 

Subchapter C—Contracting Methods 

and Contracting Types 

PART 715—CONTRACTING BY 

NEGOTIATION 

■ 17. The authority citation for part 715 

continues 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. 

Subpart 715.6—Unsolicited Proposals 

■ 18. Revise section 715.602 to read as 

follows: 

715.602 Policy. 

(a) USAID encourages the submission 

of unsolicited proposals that contribute 

new and innovative ideas that are 

consistent with and contribute to the 

accomplishment of the Agency’s 

objectives. Potential offerors should 

consider the guidance in FAR 15.6 and 

in AIDAR 715.6 prior to preparing and 

submitting a formal unsolicited 

proposal. 

(b) Unsolicited proposals will only be 

considered when they support USAID 

strategy. USAID Mission programs must 

be responsive to the needs of the 

cooperating country; projects are often 

designed in collaboration with the 

cooperating country. These factors can 

limit both the need for, and USAID’s 

ability to use, unsolicited proposals. 

(c) The USAID.gov website contains 

information on working with USAID 

and on individual Mission and Agencywide strategies and objectives. 

Prospective offerors are also encouraged 

to review USAID’s Business Forecast 

web page and consider responding to 


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USAID competitive announcements 

published on sam.gov and grants.gov. 

■ 19. Revise section 715.604 to read as 

follows: 

715.604 Agency points of contact. 

(a) USAID’s Bureau for Legislative 

and Public Affairs, Office of Program 

and Management Operations, manages 

the receipt and evaluation of unsolicited 

proposals. Unsolicited proposals may be 

submitted via: unsolicitedproposals@

usaid.gov. 

(b) Before preparing a detailed 

unsolicited proposal or submitting 

proprietary information, a prospective 

offeror may make preliminary contact 

with USAID bureaus, field missions, or 

other operating units to obtain 

information sources on USAID’s 

strategies and objectives and other 

information listed in FAR 15.604 and 

AIDAR 715.602. 

SUBCHAPTER D—SOCIOECONOMIC 

PROGRAMS 

PART 719—SMALL BUSINESS 

PROGRAMS 

■ 20. The authority citation for part 719 

continues to read as follows: 

Authority: 42 U.S.C. 7254, 40 U.S.C. 

486(c), 42 U.S.C. 2201. 

Subpart 719.2—Policies 

719.271–6 [Amended] 

■ 21. Amend section 719.271–6 as 

follows: 

■ a. In paragraph (a)(3), remove the 

period at the end of the paragraph and 

add ‘‘; and’’ in its place; and 

■ b. Remove and reserve paragraph 

(a)(4). 

PART 725—FOREIGN ACQUISITION 

■ 22. The authority citation for part 725 

continues 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. 

Subpart 725.1—Buy American Act— 

Supplies 

■ 23. Revise section 725.170 to read as 

follows: 

725.170 Exceptions for Foreign 

Assistance Act functions. 

(a) In addition to the exception stated 

in FAR 25.103 for purchases of foreign 

end products for use outside the United 

States, Executive Order 11223, dated 

May 12, 1965, provides an exception for 

assistance functions performed under 

the authority of the Foreign Assistance 

Act. 

(b) USAID regulation at 22 CFR part 

228 contains generally more 

prescriptive geographic procurement 

requirements under the Foreign 

Assistance Act than those under the Buy 

American Act. As a general rule, the 

requirements in 22 CFR part 228 will be 

used in USAID program-funded awards. 

For operating expense-funded 

procurements for supplies for use in the 

United States, USAID applies the Buy 

American Act requirements. 

Subpart 725.4—Trade Agreements 

725.403 [Redesignated as 725.401] 

■ 24. Redesignate section 725.403 as 

section 725.401. 

■ 25. Revise newly redesignated section 

725.401 to read as follows: 

725.401 Exceptions. 

FAR subpart 25.4 establishes 

procedures for purchases of supplies 

under the Trade Agreements Act of 1979 

(including the World Trade 

Organization’s Government 

Procurement Agreement) and the 

USMCA (United States-Mexico-Canada 

Agreement, as approved by Congress in 

the United States-Mexico-Canada 

Agreement Implementation Act 

(Government Procurement Agreement 

applicable only to United States and 

Mexico) (Pub. L. 116–113) (19 U.S.C. 

chapter 29 (sections 4501–4732)). 

Consistent with these agreements, 

USAID operating expense-funded 

administrative procurements for 

supplies for use in the United States are 

subject to the procedures in FAR part 

25, unless otherwise excepted in FAR 

subpart 25.4. USAID program-funded 

contracts for the purpose of providing 

foreign assistance are not subject to the 

procedures set forth in FAR subpart 25.4 

SUBCHAPTER E—GENERAL 

CONTRACTING REQUIREMENTS 

PART 731—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 26. The authority citation for part 731 

continues 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; and 3 

CFR 1979 Comp., p. 435. 

Subpart 731.7—Contracts with 

Nonprofit Organizations 

■ 27. Revise section 731.770 to read as 

follows: 

731.770 Cost principles. 

(a) The Bureau for Management, 

Office of Acquisition and Assistance, 

Cost Audit Support Division, Overhead 

and Special Cost and Contract Close-Out 

Branch (M/OAA/CAS/OCC) provides 

assistance to the M/OAA Director 

regarding the application of 2 CFR part 

200, subpart E. M/OAA/CAS/OCC is 

responsible for liaising with other 

cognizant agencies; authorizing 

exemptions to subpart E coverage for a 

nonprofit organization pursuant to 2 

CFR 200.401(c); and providing advice 

and assistance in applying the cost 

principles. 

(b) Prior approval, as used in 2 CFR 

part 200, means securing the awarding 

agency’s advance written permission to 

incur costs. Where an item of cost 

requiring prior approval is included in 

the award budget, approval of the 

budget constitutes prior approval of that 

cost, unless otherwise specified. 

Accordingly, contract budgets must 

include one of the following statements: 

(1) ‘‘Inclusion of any cost in the line 

item budget of this award does not 

constitute prior approval of cost items 

pursuant to 2 CFR part 200’’; or 

(2) ‘‘In accordance with 2 CFR part 

200, approval is granted to incur costs 

for (name specific item or items 

requiring prior written approval) which 

are included in the budget of this 

award.’’ 

731.771 [Removed and Reserved] 

■ 28. Remove and reserve section 

731.771. 

■ 29. Revise section 731.773 to read as 

follows: 

731.773 Independent research and 

development costs. 

The cost principle at FAR 31.205–18 

applies to independent research and 

development costs. 

SUBCHAPTER G—CONTRACT 

MANAGEMENT 

PART 742—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 30. The authority citation for part 742 

continues 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. 

■ 31. The heading for part 742 is revised 

to read as set forth above. 

Subpart 742.7—Indirect Cost Rates 

■ 32. Revise section 742.770 to read as 

follows: 

742.770 Negotiated indirect cost rate 

agreement. 

When USAID is the cognizant Federal 

agency pursuant to FAR 42.003, USAID 

may enter into a Negotiated Indirect 


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Cost Rate Agreement with the contractor 

to establish billing rates and final 

indirect cost rates in accordance with 

FAR 42.703. The Negotiated Indirect 

Cost Rate Agreement is incorporated 

into the contract pursuant to FAR 

42.703–1(b). Application of the 

Negotiated Indirect Cost Rate 

Agreement, including any adjustments 

thereto, will be subject to any monetary 

or indirect rate ceiling, obligation, 

limitation of cost provision, and specific 

cost allowance or disallowance 

provided for in each contract between 

the parties. 

PART 750—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

■ 33. The authority citation for part 750 

continues 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. 

■ 34. The heading for part 750 is revised 

to read as set forth above. 

■ 35. Revise section 750.000 to read as 

follows: 

750.000 Scope of part. 

USAID is not among the agencies 

named in the SAFETY Act or authorized 

by the President under Public Law 85– 

804 to take actions under the SAFETY 

Act. 

Subpart 750.71—Extraordinary 

Contractual Actions To Protect Foreign 

Policy Interests of the United States 

■ 36. Revise sections 750.7100 through 

750.7102 to read as follows: 

750.7100 Scope of subpart. 

This subpart specifies the standards 

and the procedures relating to requests 

for extraordinary contractual actions 

under Executive Order 11223. 

750.7101 Authority. 

Under section 633 of the Foreign 

Assistance Act of 1961, 75 Stat. 454 (22 

U.S.C. 2933), as amended; Executive 

Order 11223, dated May 12, 1965, as 

amended; and Executive Order 12163, 

dated September 29, 1979, as amended, 

the Administrator of the U.S. Agency for 

International Development has authority 

to provide extraordinary contractual 

relief. 

750.7102 General policy. 

Extra-contractual claims arising from 

foreign assistance contracts will be 

processed similarly to claims for 

extraordinary relief under FAR part 50, 

and in consideration of the 

circumstances and authorities granted 

by the Foreign Assistance Act. 

750.7103 [Removed and Reserved] 

■ 37. Remove and reserve section 

750.7103. 

■ 38. Revise sections 750.7104 and 

750.7105 to read as follows: 

750.7104 Types of actions. 

The types of actions that may be taken 

pursuant to the direction of the 

approving authority under the Executive 

Order 11223 are: contractual 

adjustments such as amendments 

without consideration, correction of 

mistakes, and formalization of informal 

commitments. 

750.7105 Approving authority. 

All authority to approve actions under 

this subpart is delegated to the M/OAA 

Director. The cognizant contracting 

officer will take appropriate contractual 

action pursuant to the decision of the 

M/OAA Director. 

■ 39. Amend section 750.7106–1 by 

revising the first three sentences to read 

as follows: 

750.7106–1 General. 

The mere fact that losses occur under 

a contract is not, by itself, a sufficient 

basis for the exercise of the authority 

conferred by Executive Order 11223. 

Whether, in a particular case, an action 

will protect the foreign policy interests 

of the United States is fact specific. 

Examples of the types of cases where 

action may be proper are set forth in 

750.7106–2 through 750.7106–4. * * * 

■ 40. Amend section 750.7106–2 by 

revising paragraph (a) to read as follows: 

750.7106–2 Amendments without 

consideration. 

(a) Where an actual or threatened loss 

under a foreign assistance contract, 

however caused, will impair the 

productive ability of a contractor whose 

continued performance of any foreign 

assistance contract or whose continued 

operation as a source of supply is found 

to be essential to protect the foreign 

policy interests of the United States, the 

contract may be adjusted to the extent 

necessary to avoid such impairment to 

the contractor’s productive ability. 

* * * * * 

■ 41. Revise section 750.7106–3 to read 

as follows: 

750.7106–3 Mistakes. 

(a) A contract may be amended or 

modified to correct or mitigate the effect 

of a mistake, including in the following 

situations: 

(1) A mistake or ambiguity in the 

contract that results from the failure to 

clearly express the agreement as 

understood by both parties; 

(2) A mistake on the part of the 

contractor which is so obvious that it 

was or should have been apparent to the 

contracting officer; and 

(3) A mutual mistake as to a material 

fact. 

(b) Amending contracts to correct 

mistakes with the least possible delay 

normally will protect the foreign policy 

interests of the United States by 

expediting the program and by giving 

contractors proper assurance that such 

mistakes will be corrected expeditiously 

and fairly. An action that can be 

accomplished by administrative 

modification or resolved using the 

procedures in FAR subpart 33.2 should 

not be resolved using the authority and 

procedures of this subpart. 

■ 42. Revise section 750.7107 to read as 

follows: 

750.7107 Limitations upon exercise of 

authority. 

(a) Executive Order 11223 does not 

provide authority for: 

(1) The award of a cost-plus-apercentage-of-cost contract; 

(2) The payment of profit or fees in 

excess of applicable limitations; or 

(3) The waiver of any requirement to 

post a bid, payment, performance, or 

other bond required by law. 

(b)(1) Executive Order 11223 does not 

authorize the issuance of a modification, 

unless: 

(i) With respect to cases falling within 

Section 4 of Executive Order 11223, the 

approving authority determines that the 

action is necessary to protect the foreign 

policy interests of the United States; and 

(ii) No other legal authority authorizes 

issuance of such modification. 

(2) A modification under paragraph 

(b)(1) of this section must be within the 

limits of the amounts appropriated and 

the statutory contract authorization as 

referenced in FAR 50.102–3. 

(c) No contract shall be modified 

unless the contractor submits a request 

prior to all obligations (including final 

payment) under the contract having 

been discharged. 

(d) An informal commitment must not 

be formalized unless: 

(1) The contractor submits a written 

request for payment within six months 

after furnishing, or arranging to furnish, 

supplies or services in reliance upon the 

commitment; 

(2) USAID has received the services 

satisfactorily performed, or has accepted 

property furnished in reliance on the 

commitment; 

(3) The USAID employee alleged to 

have made the informal commitment 

has affirmatively acknowledged 


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responsibility for making the informal 

commitment in question; and 

(4) USAID has taken appropriate 

action to prevent recurrence. 

■ 43. Revise section 750.7108 to read as 

follows: 

750.7108 Contractual requirements. 

Every contract modified pursuant to 

this subpart shall contain: 

(a) A citation of the Act and Executive 

Order 11223; 

(b) A brief statement of the 

circumstances justifying the action; and 

(c) With respect to cases falling within 

section 4 of Executive Order 11223, a 

statement that the action is necessary to 

protect the foreign policy interests of the 

United States. 

■ 44. Revise section 750.7109–1 to read 

as follows: 

750.7109–1 Filing requests. 

A contractor seeking an adjustment 

under the standards set forth in 

750.7106 may file a request with the 

cognizant contracting officer. 

■ 45. Revise section 750.7109–3 to read 

as follows: 

750.7109–3 Facts and evidence. 

The contracting officer or the 

approving authority may, where 

necessary, require the contractor to 

furnish facts and evidence supporting 

the request, as described in FAR 

50.103–4. 

750.7110 through 750.7110–6 [Removed 

and Reserved] 

■ 46. Remove and reserve sections 

750.7110 through 750.7110–6. 

SUBCHAPTER H—CLAUSES AND FORMS 

PART 752—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 47. The authority citation for part 752 

continues 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. 

Subpart 752.2—Texts of Provisions 

and Clauses 

752.202–1 [Amended] 

■ 48. Amend section 752.202–1 by 

removing and reserving paragraph (c). 

■ 49. Revise section 752.222–71 to read 

as follows: 

752.222–71 Nondiscrimination. 

As prescribed in 722.810(b), insert the 

following clause in section I of all 

solicitations and resulting contracts. 

Nondiscrimination (May 2024) 

FAR part 22 and the clauses prescribed in 

that part prohibit contractors performing in 

or recruiting from the U.S. from engaging in 

certain discriminatory practices. USAID is 

committed to achieving and maintaining a 

diverse and representative workforce and a 

workplace free of discrimination. Based on 

law, Executive Order, and Agency policy, 

USAID prohibits discrimination in its own 

workplace on the basis of race, color, 

religion, sex (including pregnancy, sexual 

orientation, gender identity, or transgender 

status), national origin, age (40 or older), 

physical or mental disability, genetic 

information, religion, marital or parental 

status, veteran status, membership in an 

employee organization, political affiliation, 

or involvement in protected equal 

employment opportunity (EEO) activity. 

USAID does not tolerate any type of 

discrimination (in any form, including 

harassment) of any employee or applicant for 

employment on any of the above-described 

bases. 

Contractors are required to comply with 

the nondiscrimination requirements of the 

FAR. In addition, the Agency strongly 

encourages all its contractors (at all tiers) to 

develop and enforce nondiscrimination 

policies consistent with USAID’s approach to 

workplace nondiscrimination as described in 

this clause, subject to applicable law. 

(End of clause) 

752.225–9 [Redesignated as 752.225–5] 

■ 50. Redesignate section 752.225–9 as 

section 752.225–5 

■ 51. Revise newly redesignated section 

752.225–5 to read as follows: 

752.225–5 Buy American Act-Trade 

Agreements Act. 

The clauses prescribed by FAR 

25.1101 are not generally included in 

USAID contracts when more stringent 

source requirements are stated in the 

contract or when inclusion is not 

appropriate under FAR 25.403, or 

AIDAR 725.403. (See Executive Order 

11223, dated May 12, 1965.) The clause 

setting forth USAID’s source restrictions 

is provided in 752.225–70. 

752.227–14 [Amended] 

■ 52. Amend section 752.227–14 as 

follows: 

■ a. In the introductory text, remove 

‘‘727.409(b)’’ and add ‘‘727.409(a)’’ in 

its place; and 

■ b. Add the text ‘‘(End of clause)’’ at 

the end of the section. 

Subpart 752.70—Texts of USAID 

Contract Clauses 

752.7018, 752.7019, and 752.7021 through 

752.7024 [Removed and Reserved] 

■ 53. Remove and reserve sections 

752.7018, 752.7019, and 752.7021 

through 752.7024. 

■ 54. Amend section 752.7028 as 

follows: 

■ a. Revise the section heading, clause 

date and introductory text, and 

paragraphs (a), (h), and (i) of the clause; 

and 

■ b. Add parenthetical text at the end of 

the section. The revisions and addition 

read as follows: 

752.7028 Differentials and Allowances. 

* * * * * 

Differentials and Allowances (May 2024) 

The differentials and allowances 

authorized in this clause apply only to U.S. 

employees. Any reimbursement of 

differentials or allowances to TCN or CCN 

employees under this contract is limited to 

separate and specific authorization(s) for 

identified differentials or allowances which 

are granted by the cognizant Assistant 

Administrator or Mission Director pursuant 

to 722.170, or by the Mission Director in 

conjunction with an authorized evacuation as 

provided in paragraph (i). A copy of such 

authorization shall be retained and made 

available as part of the contractor’s records 

which are required to be preserved and made 

available by the ‘‘Examination of Records by 

the Comptroller General’’ and ‘‘Audit’’ 

clauses of this contract. 

(a) Post hardship differential. Post 

hardship differential is an additional 

compensation for service at places in foreign 

areas where conditions of environment differ 

substantially from conditions of environment 

in the continental United States and warrant 

additional compensation as a recruitment 

and retention incentive. In areas where post 

hardship differential is paid to USAID directhire employees, the contractor will be 

reimbursed for post hardship differential 

paid to its employees, not to exceed the rate 

authorized in the Standardized Regulations 

(Government Civilians, Foreign Areas) 

Chapter 500 (except the limitation contained 

in Section 552, ‘‘Ceiling on Payment’’) and 

Tables in Chapter 900, as from time to time 

amended. When post hardship differential is 

provided to regular employees of the 

Contractor, it will commence and continue, 

and be suspended or terminated, as 

prescribed in the Standardized Regulations 

Chapter 500. The Contractor will be 

reimbursed post hardship differential paid to 

short-term employees, not to exceed such 

payments made to USAID U.S. citizen directhire detailed employees in accordance with 

the Standardized Regulations Chapter 500, as 

from time to time amended. 

* * * * * 

(h) Separate maintenance allowance. 

Separate maintenance allowance is an 

allowance to assist an employee to meet the 

additional expenses of maintaining members 

of family elsewhere than at the employee’s 

foreign post of assignment. The Contractor 

will be reimbursed for payments made to 

regular employees for a separate maintenance 

allowance not to exceed that made to USAID 

employees in accordance with the 

Standardized Regulations (Government 

Civilians, Foreign Areas), Chapter 260, as 

from time to time amended. 


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(i) Payments during evacuation. The 

Standardized Regulations (Government 

Civilians, Foreign Areas) provide the 

authority for efficient, orderly, and equitable 

procedures for the payment of compensation, 

post differential, and allowances in the event 

of an emergency evacuation of employees or 

their dependents, or both, from duty stations 

for military or other reasons, or because of 

imminent danger to their lives. If evacuation 

has been authorized by the Mission Director, 

the Contractor will be reimbursed for 

payments made to employees and authorized 

dependents evacuated from their post of 

assignment in accordance with the 

Standardized Regulations (Government 

Civilians, Foreign Areas), Chapter 600, and 

the Federal Travel Regulations, as from time 

to time amended. In conjunction with an 

evacuation authorization, the Mission 

Director may also specifically authorize 

payments of identified differentials or 

allowances for TCN or CCN employees. 

* * * * * 

(End of clause) 

752.7032 [Amended] 

■ 55. Amend section 752.7032 as 

follows: 

■ a. Remove the word ‘‘advanced’’ and 

add in its place the word ‘‘advance’’; 

■ b. Remove the words ‘‘or telegram or 

similar device’’; and 

■ c. Add the text ‘‘(End of clause)’’ at 

the end of the section. 

752.204–2, 752.204–70, 752.204–72, 

752.219–8, 752.222–70, 752.225–70, 

752.227–70, 752.228–3, 752.228–7, 752.228– 

9, 752.228–70, 752.231–71, 752.232–70, 

752.236–70, 752.242–70, 752.245–71, 

752.247–70, 752.252–1, 752.252–2, 752.252– 

70, 752.7001, 752.7003, 752.7004, 752.7005, 

752.7006, 752.7007, 752.7008, 752.7009, 

752.7010, 752.7011, 752.7012, 752.7015, 

752.7025, 752.7029, and 752.7030 

[Amended] 

■ 56. Further amend 48 CFR part 752 by 

adding the text ‘‘(End of clause)’’ at the 

end of the following sections: 

■ a. 752.204–2; 

■ b. 752.204–70; 

■ c. 752.204–72; 

■ d. 752.219–8; 

■ e. 752.222–70; 

■ f. 752.225–70; 

■ g. 752.227–70; 

■ h. 752.228–3; 

■ i. 752.228–7; 

■ j. 752.228–9; 

■ k. 752.228–70; 

■ l. 752.231–71; 

■ m. 752.232–70; 

■ n. 752.236–70; 

■ o. 752.242–70; 

■ p. 752.245–71; 

■ q. 752.247–70; 

■ r. 752.252–1; 

■ s. 752.252–2; 

■ t. 752.252–70; 

■ u. 752.7001; 

■ v. 752.7003; 

■ w. 752.7004; 

■ x. 752.7005; 

■ y. 752.7006; 

■ z. 752.7007; 

■ aa. 752.7008; 

■ bb. 752.7009; 

■ cc. 752.7010; 

■ dd. 752.7011; 

■ ee. 752.7012; 

■ ff. 752.7015; 

■ gg. 752.7025; 

■ hh. 752.7029; and 

■ ii. 752.7030. 

Deborah Broderick, 

Acting Chief Acquisition Officer. 

[FR Doc. 2023–27953 Filed 1–22–24; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD668–X] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Central Regulatory Area of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allowance of the 2024 total allowable 

catch of Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), January 20, 2024, 

through 1200 hours, A.l.t., June 10, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7416. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2024 

Pacific cod total allowable catch (TAC) 

apportioned to catcher vessels using 

trawl gear in the Central Regulatory 

Area of the GOA is 3,867 metric tons 

(mt) as established by the final 2023 and 

2024 harvest specifications for 

groundfish in the GOA (88 FR 13238, 

March 2, 2023) and inseason adjustment 

(88 FR 88840, December 26, 2023). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2024 Pacific cod TAC 

apportioned to catcher vessels using 

trawl gear in the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt and is setting aside 

the remaining 3,767 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

catcher vessels using trawl gear in the 

Central Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by catcher vessels using trawl gear 

in the Central Regulatory Area of the 

GOA. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of January 12, 2024. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 


khammond on DSKJM1Z7X2PROD with RULES