[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Pages 4201-4209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27953]


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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.

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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:
    <bullet> 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, 
<a href="/cdn-cgi/l/email-protection#51213e3d3832283c30383d333e291124223038357f363e27"><span class="__cf_email__" data-cfemail="33435c5f5a504a5e525a5f515c4b734640525a571d545c45">[email protected]</span></a>.

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:
    <bullet> 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:
    <bullet> 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.
    <bullet> 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

[[Page 4202]]

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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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-equal-employment-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

0
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

0
2. Amend section 701.303 by revising paragraph (a) and adding a heading 
for paragraph (c) to read as follows:

[[Page 4203]]

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

0
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 indefinite-delivery 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

0
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, work-flow 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:

[[Page 4204]]

    (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.

0
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

0
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

0
7. Amend section 702.170-1 as follows:
0
a. Add a definition for ``Assistant Administrator'' in alphabetical 
order; and
0
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

0
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.


0
9. Revise the heading of part 704 to read as set forth above.

0
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.

0
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

0
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.

[[Page 4205]]

12163, Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp., p. 435; 40 
U.S.C. 474.


0
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

0
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

0
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

0
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 highly-
specialized 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

0
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

0
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 Agency-wide strategies and 
objectives. Prospective offerors are also encouraged to review USAID's 
Business Forecast web page and consider responding to

[[Page 4206]]

USAID competitive announcements published on sam.gov and grants.gov.

0
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: 
<a href="/cdn-cgi/l/email-protection#a6d3c8d5c9cacfc5cfd2c3c2d6d4c9d6c9d5c7cad5e6d3d5c7cfc288c1c9d0"><span class="__cf_email__" data-cfemail="32475c415d5e5b515b46575642405d425d41535e41724741535b561c555d44">[email protected]</span></a>.
    (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

0
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]

0
21. Amend section 719.271-6 as follows:
0
a. In paragraph (a)(3), remove the period at the end of the paragraph 
and add ``; and'' in its place; and
0
b. Remove and reserve paragraph (a)(4).

PART 725--FOREIGN ACQUISITION

0
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

0
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]

0
24. Redesignate section 725.403 as section 725.401.

0
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

0
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

0
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]

0
28. Remove and reserve section 731.771.

0
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

0
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.

0
31. The heading for part 742 is revised to read as set forth above.

Subpart 742.7--Indirect Cost Rates

0
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

[[Page 4207]]

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

0
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.

0
34. The heading for part 750 is revised to read as set forth above.

0
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

0
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]

0
37. Remove and reserve section 750.7103.

0
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.

0
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. * * *

0
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.
* * * * *

0
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.

0
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-a-percentage-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

[[Page 4208]]

responsibility for making the informal commitment in question; and
    (4) USAID has taken appropriate action to prevent recurrence.

0
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.

0
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.

0
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]

0
46. Remove and reserve sections 750.7110 through 750.7110-6.

SUBCHAPTER H--CLAUSES AND FORMS

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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]

0
48. Amend section 752.202-1 by removing and reserving paragraph (c).

0
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]

0
50. Redesignate section 752.225-9 as section 752.225-5

0
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]

0
52. Amend section 752.227-14 as follows:
0
a. In the introductory text, remove ``727.409(b)'' and add 
``727.409(a)'' in its place; and
0
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]

0
53. Remove and reserve sections 752.7018, 752.7019, and 752.7021 
through 752.7024.

0
54. Amend section 752.7028 as follows:
0
a. Revise the section heading, clause date and introductory text, and 
paragraphs (a), (h), and (i) of the clause; and
0
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 direct-hire 
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 direct-hire 
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.

[[Page 4209]]

    (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]

0
55. Amend section 752.7032 as follows:
0
a. Remove the word ``advanced'' and add in its place the word 
``advance'';
0
b. Remove the words ``or telegram or similar device''; and
0
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]

0
56. Further amend 48 CFR part 752 by adding the text ``(End of 
clause)'' at the end of the following sections:
0
a. 752.204-2;
0
b. 752.204-70;
0
c. 752.204-72;
0
d. 752.219-8;
0
e. 752.222-70;
0
f. 752.225-70;
0
g. 752.227-70;
0
h. 752.228-3;
0
i. 752.228-7;
0
j. 752.228-9;
0
k. 752.228-70;
0
l. 752.231-71;
0
m. 752.232-70;
0
n. 752.236-70;
0
o. 752.242-70;
0
p. 752.245-71;
0
q. 752.247-70;
0
r. 752.252-1;
0
s. 752.252-2;
0
t. 752.252-70;
0
u. 752.7001;
0
v. 752.7003;
0
w. 752.7004;
0
x. 752.7005;
0
y. 752.7006;
0
z. 752.7007;
0
aa. 752.7008;
0
bb. 752.7009;
0
cc. 752.7010;
0
dd. 752.7011;
0
ee. 752.7012;
0
ff. 752.7015;
0
gg. 752.7025;
0
hh. 752.7029; and
0
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


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