74986 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 701, 702, 703, 704, 705, 

706, 707, 709, 711, 713, 714, 715, 716, 

717, 719, 722, 725, 726, 727, 728, 731, 

732, 733, 736, 742, 745, 747, 750 and 

752 

RIN 0412–AA76 

Incorporate Various Administrative 

Changes and Internal Policies in to the 

USAID Acquisition Regulation (AIDAR) 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

amending its Agency for International 

Development Acquisition Regulation 

(AIDAR) to maintain consistency with 

the Federal Acquisition Regulation 

(FAR), incorporate long-standing USAID 

internal policy into the regulation, 

remove obsolete material and make 

editorial amendments to better clarify 

the regulation. 

DATES: This rule is effective March 16, 

2015 without further action, unless 

adverse comments are received by 

January 15, 2015. If adverse comments 

are received, USAID will publish a 

timely withdrawal of those portion(s) of 

the rule in the Federal Register. Submit 

comments on or before January 15, 

2015. 

ADDRESSES: Address all comments 

concerning this notice to Marcelle J. 

Wijesinghe, Bureau for Management, 

Office of Acquisition and Assistance, 

Policy Division (M/OAA/P), Room 867, 

SA–44, Washington, DC 20523–2052. 

Submit comments, identified by title of 

the action and Regulatory Information 

Number (RIN) by any of the following 

methods: Federal eRulemaking Portal: 

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

instructions for submitting comments. 

Email: Submit electronic comments to 

both mwijesinghe@usaid.gov and 

lbond@usaid.gov. See SUPPLEMENTARY

INFORMATION for file formats and other 

information about electronic filing. 

Mail: USAID, Bureau for 

Management, Office of Acquisition & 

Assistance, Policy Division, Room 867, 

SA–44, Washington, DC 20523–2052. 

FOR FURTHER INFORMATION CONTACT: 

Lyudmila Bond, Telephone: 202–567– 

4753 or Email: lbond@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

A. Instructions 

All comments must be in writing and 

submitted through one of the methods 

specified in the ADDRESSES section 

above. All submissions must include the 

title of the action and RIN for this 

rulemaking. Please include your name, 

title, organization, postal address, 

telephone number, and email address in 

the text of the message. 

Comments submitted by email must 

be included in the text of the email or 

attached as a PDF file. Please avoid 

using special characters and any form of 

encryption. Please note, however, that 

because security screening precautions 

have slowed the delivery and 

dependability of surface mail to USAID/ 

Washington, USAID recommends 

sending all comments to the Federal 

eRulemaking Portal. 

All comments will be made available 

for public review without change, 

including any personal information 

provided, from three workdays after 

receipt to finalization of action at http:// 

www.regulations.gov. Do not submit 

information that you consider to be 

Confidential Business Information (CBI) 

or any information that is otherwise 

protected from disclosure by statute. 

USAID is publishing this revision as 

a direct final rule as the Agency views 

this as a conforming and administrative 

amendment and does not anticipate any 

adverse comments. This rule will be 

effective on the date specified in the 

DATES section above without further 

notice unless 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. 

Comments that are insubstantial or 

outside the scope of the rule will not be 

considered. 

If 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 final rule for 

which no adverse or critical comment is 

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 these AIDAR revisions if 

adverse comments are received. 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. 

B. Background 

This final rule is part of the AIDAR 

rewrite initiative, in which all parts of 

the regulation are being reviewed and 

updated to: Align with the new statutes 

and legislation, include previously 

implemented policy, update titles and 

acronyms and delete outdated 

information and obsolete forms. This 

rule incorporates updates to the entire 

AIDAR. 

The following changes are 

implemented by this final rule: 

• Parenthetical reference (48 CFR) is 

added to (48 CFR) FAR and (48 CFR) 

AIDAR citations. 

• The term ‘‘cognizant technical 

officer(s)’’ and acronym ‘‘CTO(s)’’ are 

replaced with ‘‘contracting officer’s 

representative(s)’’ and ‘‘COR(s)’’ 

throughout AIDAR to align with the 

FAR definitions under FAR 2.101(b). 

• The following nomenclature 

changes include office name and 

acronym changes throughout (48 CFR) 

AIDAR, reflecting Agency 

reorganizations over the recent years: 

a. ‘‘Office of Administrative Services’’ 

is renamed to ‘‘The Bureau for 

Management, Office of Management 

Services (M/MS)’’; 

b. ‘‘Director, Office of Acquisition and 

Assistance (M/OAA Director)’’ is 

replaced with ‘‘Director, Bureau for 

Management, Office of Acquisition and 

Assistance (M/OAA Director); 

c. ‘‘Office of Acquisition and 

Assistance, Policy Division (M/OAA/

POL)’’ or ‘‘Office of Acquisition and 

Assistance, Policy Division (M/OAA/P)’’ 

is replaced with ‘‘Bureau for 

Management, Office of Acquisition and 

Assistance, Policy Division (M/OAA/P); 

d. ‘‘Director, the Office of U.S. Foreign 

Disaster Assistance’’ is renamed to 

‘‘Director, Bureau for Democracy, 

Conflict and Humanitarian Assistance, 

Office of U.S. Foreign Disaster 

Assistance (DCHA/OFDA)’’; 

e. Director, Center for Human 

Capacity Development (G/HCD) is 

renamed to ‘‘Director, Bureau for 

Economic Growth, Education and 

Environment, Office of Education (E3/

ED)’’; 

f. The acronym ‘‘SDB’’ for the Office 

of Small and Disadvantaged Business 

Utilization is replaced with ‘‘OSDBU’’; 

g. ‘‘Overhead and Special Cost and 

Contract Close-Out Branch, Office of 

Acquisition and Assistance’’ is renamed 

to ‘‘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)’’; 

h. ‘‘Financial Management Office, 

Cash Management and Payment 

Division’’ and its acronym ‘‘FM/CMP’’ 

are replaced with ‘‘Bureau for 

Management, Office of the Chief 

Financial Officer, Cash Management 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 74987 

and Payment Division’’ and ‘‘M/CFO/

CMP’’ ; 

i. ‘‘Office of Acquisition and 

Assistance, Evaluation Division (M/

OAA/E)’’ is renamed to ‘‘Bureau for 

Management, Office of Acquisition and 

Assistance, Evaluation Division (M/

OAA/E)’’; 

j. ‘‘Office of Acquisition and 

Assistance, Transportation Division (M/ 

OAA/T)’’ is renamed to ‘‘Bureau for 

Management, Office of Acquisition and 

Assistance, Transportation Division (M/ 

OAA/T); 

k. The Acronym ‘‘M/OP director’’ is 

replaced with ‘‘M/OAA Director’’; 

• The following sections are revised 

to correct reference to their legal citation 

or a FAR/AIDAR subpart: 701.601, 

703.104–10.1, 706.302–70(a)(1), 

706.302–70(c)(4), 714.406–3, 714.406–4, 

715.370–1(d)(4), 722.805–70(a) and (b), 

747.507, 750.7109–2, 750.7109– 

3,752.242–70 and 752.245–71; 

• The following sections are 

redesignated to maintain consistency 

with the FAR: 701.105, 703.104–5, 

703.104–10.1, 713.101, 714.406–3, 

714.406–4, 717.700, 733.270–1, 745.106. 

• Numerous errors and omissions 

have been identified in chapter 7 as 

published and are corrected in this rule, 

specifically in sections 701.601, 

704.7004–2, 715.370–2, 715.602, 719– 

271–3, 733.103–73, 752.7003; 

• Several sections are revised for 

clarity: 701.470, 701.602–1, 706.302–70, 

715.305, 752.219–8; 

• Specific references to sections 

within ADS chapters are replaced with 

ADS chapter numbers to avoid a future 

need to revise the AIDAR when these 

ADS chapters are updated; 

• Office of Management and Budget 

approval of the information collections 

in the AIDAR, under the Paperwork 

Reduction Act is published in 701.106. 

The information requested by USAID, as 

listed in this section, is necessary to 

allow USAID to prudently administer 

public funds. 

• Section 701.601(c)(3) is revised to 

include an increase in the contracting 

authority delegated to Mission Directors 

to sign personal services contracts in an 

amount not to exceed $1,000,000 and 

other contracts up to the simplified 

acquisition threshold, as defined in (48 

CFR) FAR 2.101. This policy, first 

announced by an Agency General Policy 

Notice in 2005 and later implemented 

on an interim basis through the 

Acquisition and Assistance Policy 

Directive (AAPD) 11–02, is now 

incorporated into this rule without 

changes; 

• For ease of use, all section numbers 

of the definitions in part 702 are deleted 

and the definitions are republished in 

alphabetical order. The following 

definitions are updated: Automated 

Directives System (ADS), contracting 

activity, head of agency, head of 

contracting activity, Third Country 

National (TCN). The definition of 

procuring activity was moved from 

706.003 to 702.170; 

• The USAID Consultant Registry 

Information System (ACRIS) was 

superseded by the Central Contractor 

Registration (CCR), pursuant to FAC 

2001–16, October 1, 2003. Multiple 

references to the former system are 

being removed; 

• Statutory authorities specific to 

USAID for contracting with 

disadvantaged enterprises, as contained 

in numerous appropriation acts between 

1984 and 1995, have expired; and the 

provisions for use of these authorities in 

sections 705.202, 705.207, 706.302–5, 

706.302–71, 719.272, 752.226–1, 

752.226–2, 752.226–3 and subpart 

726.70 are being removed and reserved 

upon the expiration of the contracts 

funded by said authorities; 

• Section 706.303–1 is removed 

pursuant to the removal of its 

counterpart (48 CFR) FAR 6.303–1 

requirement by FAC 2001–27, December 

28, 2004. 

• Section 706.501 is revised to reflect 

changes in the designation of the 

competition advocate resulting from the 

Agency’s reorganization over the recent 

years. 

• Information on USAID Automated 

Directive System Chapter 300, which 

covers Agency policies, required 

procedures, and internal guidance on 

planning of USAID direct acquisition 

awards is added to subpart 707.1; 

• The authorities to suspend or debar 

a contractor, previously delegated to the 

Agency Procurement Executive have 

been re-delegated to the Senior Deputy 

Assistant Administrator, Bureau for 

Management. 

• Outdated reference to NIH 

Contractor Performance System in 

sections 715.305 and 742.1502 is 

removed. 

• Subpart 715.6 on unsolicited 

proposals is revised for clarity and 

conformity with the requirements in the 

FAR 15.406. The Agency point of 

contact information was also updated. 

• With the addition of a new FAR 

subpart, 17.7 (77 FR 69722, Nov. 20, 

2012), section 717.700 is redesignated. 

• Section 52.219–8, Utilization of 

Small Business Concerns is provided 

with the necessary prescriptive language 

in the appropriate sections of the 

AIDAR and revised for clarity; 

• Revisions to part 725, AIDAR clause 

at 752.225–70 and removal of clause at 

752.225–71 reflect changes in 22 CFR 

part 228, Rules for Procurement of 

Commodities and Services Financed by 

USAID dated January 10, 2012; 

• The payment clause at 752.232–7, 

prescribed in paragraph (b) of 732.111, 

was removed by AIDAC 2007–02, but its 

prescription in subpart 732.1 was 

inadvertently overlooked and is now 

removed; 

• Subpart 732.4 is revised to reflect 

procedural changes due to the transfer 

of the LOC process to DHHS; 

• Designation of the Civilian Board of 

Contract Appeals (CBCA) to hear and 

determine appeals under USAID 

contracts in part 733, Protests, Disputes 

and Appeals was mandated by section 

847 of the National Defense 

Authorization Act for Fiscal Year 2006, 

Pub. L. 109–163. Subpart 733.27 is 

revised to reflect this change; 

• The term ‘‘strategic objective 

agreement’’ wherever found is replaced 

by ‘‘Development Objective Agreement 

(DOAG)’’, pursuant to its revision in the 

Automated Directives System Chapter 

200; 

• Subpart 752.1 is added to allow 

contracting officers to incorporate (48 

CFR) FAR and (48 CFR) AIDAR 

provisions and clauses by reference; 

• The following Agency-specific 

clauses are re-organized to follow the 

clause format used throughout chapter 7 

(clause #, title, prescription, clause title 

and date, clause text): 

a. 752.204–2 Security Requirements; 

b. 752.228–3 Worker’s Compensation 

Insurance (Defense Base Act); 

c. 752.228–7 Insurance—liability to 

Third Persons; 

d. 752.228–9 Cargo Insurance; 

e. 752.245–70 Government Property— 

USAID Reporting Requirements. 

• New contract clause entitled 

‘‘Access to USAID Facilities and 

USAID’s Information Systems’’, 

previously called ‘‘Personal Identity 

Verification of Contractor Personnel’’ 

was implemented on an interim basis 

through ADS 302 Mandatory Reference, 

Special Provisions for Acquisition and 

is hereby formally implemented in the 

AIDAR without revision at 752.204–72. 

The clause supplements the FAR clause 

52.204–9(a) and is mandatory for 

awards requiring contractor’s routine 

physical access to USAID-controlled 

facilities or logical access to USAID’s 

information systems. The clause 

describes policies and procedures for 

obtaining such access. The Agency 

believes that the transfer of the policy 

from the internal Agency policy into the 

AIDAR will have no impact on 

contractors; 

• Contract clause 752.216–70, Award 

fee, is revised to remove reference to the 

disputes clause to conform to the 

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74988 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

revision of (48 CFR) FAR 16.405–2(a), 

with respect to award fee 

determinations, as specified by FAC 97– 

15, December 27, 1999; 

• Following the requirements in 

731.205–71, contract clause 752.231–71 

is revised to require contractors to 

include the substance of this clause in 

subcontracts that may entail salary 

supplement payments to host 

government employees; 

• New contract clauses entitled 

‘‘Patent Reporting Procedures’’ and 

‘‘Standards for Accessibility for the 

Disabled in USAID Construction 

Contracts’’ were implemented on an 

interim basis through the Agency’s 

Contract Information Bulletin (CIB) 99– 

19, Patent Rights and Reporting and 

ADS 302 Mandatory Reference, Special 

Provisions for Acquisition. The ‘‘Patent 

Reporting Procedures’’ clause 

supplements the FAR clause at 52.227– 

11, Patent Rights—Ownership by the 

Contractor, and requires contractors to 

report all inventions to the National 

Institutes of Health (NIH) EDISON 

Patent Reporting and Tracking system. 

The clause entitled ‘‘Standards for 

Accessibility for the Disabled in USAID 

Construction Contracts’’ is required for 

all USAID-funded contracts for 

construction or renovation and 

mandates that any new or renovation 

construction project funded by USAID 

provide access to people with 

disabilities. Both clauses are hereby 

formally implemented in the AIDAR 

with minor editorial revisions at 

752.227–70 and 752.236–70 

respectively. The Agency believes that 

the transfer of the clauses from the 

internal agency policy into the AIDAR 

will have no impact on contractors; 

• Contract clauses 752.247–70, 

752.7002, and 752.7015 are revised to 

conform to section 5164 of the Omnibus 

Trade and Competitiveness Act of 1988 

(15 U.S.C. 205), E.O. 12770, and ADS 

chapter 323, which implement the 

congressional designation of the metric 

system of measurement as the preferred 

system of weights and measures for 

United States trade and commerce; 

• Pursuant to the revision of (48 CFR) 

FAR clause 52.047–64 (FAC 2001–13, 

dated March 18, 2003) Alternate 1 to the 

AIDAR clause 752.247–70 has been 

rendered redundant and is therefore 

removed; 

• The contract clause 752.7005 is 

retitled ‘‘Submission Requirements to 

the Development Clearinghouse’’ and 

revised to bring it into conformity with 

the requirements of the Privacy Act of 

1974 and Section 508 of the 

Rehabilitation Act of 1973. With the 

launch of the updated DEC Web site, 

contractors are directed to obtain 

detailed submission instructions from 

the Web site; 

• Revisions to the AIDAR sections 

731.205–46 and 752.7032 have been 

implemented on an interim basis 

through the Acquisition and Assistance 

Policy Directive (AAPD) 14–01 in April 

2014 and are now incorporated into the 

AIDAR. The changes will allow 

contracting officers to delegate to the 

contracting officer’s representative 

(COR) international travel approvals for 

all travel directly and identifiably 

funded by USAID under the contract; 

• New contract clause entitled 

‘‘USAID Disability Policy’’ was 

implemented on an interim basis 

through Acquisition and Assistance 

Policy Directive (AAPD) 04–17 and later 

incorporated into Agency policy at ADS 

302 Mandatory Reference, Special 

Provisions for Acquisition. The clause 

requires that the contractors do not 

discriminate against people with 

disabilities and is hereby formally 

implemented in the AIDAR without 

revisions at 752.222–70. The Agency 

believes that the transfer of the clause 

from the internal policy into the AIDAR 

will have no impact on contractors. 

C. Regulatory Planning and Review 

This rule has been determined to be 

‘‘nonsignificant’’ under the Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993 and, 

therefore, is not subject to review. This 

rule is not a major rule under 5 U.S.C. 

804. 

D. Regulatory Flexibility Act 

The U.S. Agency for International 

Development certifies that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the revisions of this rule 

will not impose any costs on either 

small or large businesses; therefore, an 

Initial Regulatory Flexibility Analysis 

has not been performed. 

List of Subjects in 48 CFR Chapter 7, 

Parts 701, 702, 703, 704, 705, 706, 707, 

709, 711, 713, 714, 715, 716, 717, 719, 

722, 725, 726, 727, 728, 731, 732, 733, 

736, 742, 745, 747, 750 and 752 

Government procurement. 

For the reasons discussed in the 

preamble, USAID amends 48 CFR 

chapter 7 as set forth below: 

Parts 701, 702, 703, 704, 705, 706, 

707, 709, 711, 713, 714, 715, 716, 717, 

719, 722, 725, 726, 727, 728, 731, 732, 

733, 736, 742, 745, 747, 750 and 752 

■ 1. The authority citation for 48 CFR 

chapter 7 parts 701, 702, 703, 704, 705, 

706, 707, 709, 711, 713, 714, 715, 716, 

717, 719, 722, 725, 726, 727, 728, 731, 

732, 733, 736, 742, 745, 747, 750 and 

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; and 3 

CFR 1979 Comp., p. 435. 

CHAPTER 7—[AMENDED] 

■ 2. Amend (48 CFR) chapter 7 as 

follows: 

■ a. Remove the word ‘‘FAR’’ and add, 

in its place, the words ‘‘(48 CFR) FAR’’ 

each time it appears in the following 

sections: 

i. 701.704; 

ii. 704.7004–1; 

iii. 702.270–1; 

iv. 704.7004–3(a); 

v. 706.302–70(c)(2) and (3); 

vi. 709.503; 

vii. 711.002–70 (a); 

viii. 715.303–70(b)(3); 

ix. 715.370–1(d)(3); 

x. 715.370–2(d)(4); 

xi. 716.303(c); 

xii. 719.270(c)(2); 

xiii. 719.271–1; 

xiv. 719.273–3 (a), (b), and(c); 

xv. 722.103–4; 

xvi. 722.805–70(c)(1) and (3); 

xvii. 725.170; 

xviii. 725.403; 

xix. 728.105–1(a); 

xx. 728.307–2(c); 

xxi. 728.309(a); 

xxii. 728.313(a); 

xxiii. 731.773; 

xxiv. 733.101(a) and (b); 

xxv. 733.103–70; 

xxvi. 733.103–71(b); 

xxvii. 733.103–72(b); 

xxviii. 736.602–3(b)(9); 

xxix. 736.602–5; 

xxx. 750.7102; 

xxxi. 752.202–1; 

xxxii. 752.204–70(c); 

xxxiii. 752.204–71(h) and 752.204–71 

Alt I (h)(1); 

xxxiv. 752.216–71(i) and 752.216–71 

Alt 1 (i)(1); 

xxxv. 752.229–70; 

xxxvi. 752.242–70(a); 

xxxvii. 752.245–70; 

xxxviii. 752.7000; and 

xxxix. 752.7018 

■ b. Remove the word ‘‘AIDAR’’ and 

add, in its place, the words ‘‘(48 CFR) 

AIDAR’’ each time it appears in the 

following sections: 

i. 704.7004–1(c); 

ii. 706.302–70(b)(4) and (c)(3); 

iii. 709.503; 

iv. 715.370–1(a); 

v. 719.271–6(a)(3); 

vi. 719.273–11(a) and (b); 

vii. 728.307–2(c); 

viii. 728.309(a); 

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ix. 728.313(a); 

x. 731.205–6(b) and (m); 

xi. 731.371(b)(1) and (3); 

xii. 731.372; 

xiii. 731.373; 

xiv. 731.772; 

xv. 731.774; 

xvi. 742.1502(b); 

xvii. 747.507; 

xviii. 752.200; 

xix. 752.204–70(a) and (b)(2); 

xx. 752.219–71 introductory text; 

xxi. 752.228–3(b); and 

xxii. 752.7000. 

■ c. Remove the words ‘‘Cognizant 

technical officer’’ and add, in their 

place, the words ‘‘contracting officer’s 

representative’’ each time they appear in 

the following sections: 

i. 719.271–5; 

ii. 722.805–70(f); 

iii. 742.1170–1; 

iv. 742.1170–3(b) and (c); 

v. 742.1170–4(b); 

vi. 752.7003(a); and 

vii. 752.7035. 

■ d. Remove the words ‘‘Cognizant 

technical officers’’ and add, in their 

place, the words ‘‘Contracting officer’s 

representatives’’ each time they appear 

in the following sections: 

i. 719.270(c)(1); 

ii. 719.271–4; and 

iii. 719.271–5 section heading. 

■ e. Remove the words ‘‘Contracting 

Officer’’ and add, in their place, the 

words ‘‘contracting officer’’ each time 

they appear in the following sections: 

i. 701.707; 

ii. 715.303–70(b)(3); 

iii. 719.273–11(a) and (b); 

iv. 722.805–70(c)(1); 

v. 731.205–71(c); 

vi. 733.103–71(a); 

vii. 733.103–72(b); 

viii. 733.103–73(c); 

ix. 736.602–2(c); 

x. 752.204–70(b)(2); 

xi. 752.209.71(a) and (b); 

xii. 752.216–70(b); 

xiii. 752.227–14(d)(2) and (3); 

xiv. 752.228–70(a) and (b); 

xv. 752.231–71(b); 

xvi. 752.245–71(c)(2); 

xvii. 752.7001; 

xviii. 752.7002; 

xix. 752.7003; 

xx. 752.7007(b); 

xxi. 752.7008(a) and (b); 

xxii. 752.7009(d); 

xxiii. 752.7011(c); 

xxiv. 752.7025; 

xxv. 752.7027(a)(1), (a)(2), and 

(f)(1)(iv); 

xxvi. 752.7031(a)(3), (c), and (e); 

xxvii. 752.7033 (b)(1) and (b)(2)(iii); 

and 

xxviii. 752.7035. 

■ f. Remove the word ‘‘government’’ 

and add, in its place, the word 

‘‘Government’’ each time it appears in 

the following sections: 

i. 701.106(b); 

ii. 706.302–70(b)(5); 

iii. 715.370–1(d)(2) and (3); 

iv. 719.273–4(b)(3); 

v. 727.404(g); 

vi. 733.103–71(c); and 

vii. 752.227–14(d)(3). 

SUBCHAPTER A—GENERAL 

PART 701—FEDERAL ACQUISITION 

REGULATION SYSTEM 

Subpart 701.1—Purpose, Authority, 

Issuance 

■ 3. Redesignate 701.105 as 701.106 and 

amend newly redesignated 701.106 by: 

■ a. Revising paragraph (a); and 

■ b. Removing the last sentence of 

paragraph (c). 

The revisions read as follows: 

701.106 OMB approval under the 

Paperwork Reduction Act. 

(a) The following information 

collection and record keeping 

requirements established by USAID 

have been approved by OMB and 

assigned an OMB control number as 

specified below: 

(48 CFR) AIDAR segment OMB control 

No. 

752.219–8 ................................. 0412–0520 

752.245–70 ............................... 0412–0520 

752.245–71(c)(2) ...................... 0412–0520 

752.247–70(c) ........................... 0412–0520 

752.7001 ................................... 0412–0520 

752.7002(j) ................................ 0412–0520 

752.7003 ................................... 0412–0520 

752.7004 ................................... 0412–0520 

752.7032 ................................... 0412–0520 

* * * * * 

Subpart 701.3—U.S. Agency for 

International Development Acquisition 

Regulation 

701.301 [Amended] 

■ 4. Amend 701.301 by: 

■ a. In the introductory sentence of 

paragraph (a), removing the words 

‘‘Director, Office of Acquisition and 

Assistance (‘‘M/OAA Director’’)’’ and 

adding, in their place, the words 

‘‘Director, Bureau for Management, 

Office of Acquisition and Assistance 

(‘‘M/OAA Director’’); 

■ b. In paragraph (a)(4), removing the 

words ‘‘General counsel’’ and adding, in 

their place, the words ‘‘Office of the 

General Counsel’’; and 

■ c. In the second sentence of paragraph 

(b)(2), removing the words ‘‘The Office 

of Administrative Services’’ and adding, 

in their place, the words ‘‘The Bureau 

for Management, Office of Management 

Services (M/MS)’’. 

■ 5. Amend 701.303 by: 

■ a. In paragraph (b), removing the 

words ‘‘FAR 1.1’’ and add, in their 

place, the words ‘‘FAR subpart 1.1’’; and 

■ b. Revising paragraph (c). 

The revisions read as follows: 

701.303 Publication and codification. 

* * * * * 

(c) Only the M/OAA Director has the 

authority to issue internal Agency 

guidance applicable to all Agency 

contracts. The heads of the various 

Agency contracting activities (see 

Subparts 701.6 and 702.170) may issue 

operating instructions and procedures 

consistent with the FAR, AIDAR, and 

other Agency regulations, policies, and 

procedures for application within their 

organizations. One copy of each such 

issuance must be forwarded to the 

Bureau for Management, Office of 

Acquisition and Assistance, Policy 

Division (M/OAA/P). Insofar as 

possible, such material must be 

numerically keyed to the AIDAR. 

Subpart 701.4—Deviations from the 

FAR or AIDAR 

■ 6. Revise 701.402 to read as follows: 

701.402 Policy. 

It is USAID policy to approve 

deviations from the mandatory 

requirements of the FAR and AIDAR 

only if it is essential to effect necessary 

procurement actions and when special 

and exceptional circumstances make 

such deviation clearly in the best 

interest of the Government. 

■ 7. Amend 701.470 by: 

■ a. In paragraph (a)(3), removing the 

words ‘‘Office of General Counsel’’ and 

adding, in their place, the words ‘‘Office 

of the General Counsel’’; and 

■ b. Revising paragraphs (a)(2), (b)(2), 

(b)(3)(i), (d), and (f)(1). 

The revisions read as follows: 

701.470 Procedures. 

(a) * * * 

(2) Requests for such deviations may 

be initiated by the responsible USAID 

contracting officer who must obtain 

clearance and approvals as may be 

required by the head of the contracting 

activity. Prior to submission of the 

deviation request to the head of the 

contracting activity for approval, the 

contracting officer must obtain written 

comments from the Bureau for 

Management, Office of Acquisition and 

Assistance, Policy Division (M/OAA/P), 

hereinafter referred to as ‘‘M/OAA/P’’. 

M/OAA/P will normally be allowed 10 

working days prior to the submission of 

the deviation request to the head of the 

contracting activity to review the 

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request and to submit comments. If the 

exigency of the situation requires more 

immediate action, the requesting office 

may arrange with M/OAA/P for a 

shorter review period. In addition to a 

copy of the deviation request, M/OAA/ 

P must be furnished any background or 

historical data that will contribute to a 

more complete understanding of the 

deviation. The comments of M/OAA/P 

must be made a part of the deviation 

request file, which is forwarded to the 

head of the contracting activity. 

* * * * * 

(b) * * * 

(2) Class deviations from the FAR will 

be considered jointly by USAID and the 

Chairperson of the Civilian Agency 

Acquisition Council (C/CAAC) (FAR 

1.404) unless, in the judgment of the 

head of the contracting activity, after 

due consideration of the objective of 

uniformity, circumstances preclude 

such consultation. The head of the 

contracting activity must certify on the 

face of the deviation the reason for not 

coordinating with the C/CAAC. In such 

cases, M/OAA/P will be responsible for 

notifying the C/CAAC of the class 

deviation. 

(3) * * * 

(i) The request must be processed in 

the same manner as paragraph (a) of this 

section, except that M/OAA/P will be 

allowed 15 working days, prior to the 

submission of the deviation request to 

the head of the contracting activity, to 

effect the necessary coordination with 

the C/CAAC and to submit comments. If 

the exigency of the situation requires 

more immediate action, the requesting 

office may arrange with M/OAA/P for a 

shorter review and coordination period. 

The comments of C/CAAC and M/OAA/ 

P must be forwarded to the head of the 

contracting activity along with the 

deviation request and made a part of the 

deviation request file. 

* * * * * 

(d) Register of deviations. Separate 

registers must be maintained by the 

procuring activities of the deviations 

granted from the FAR and AIDAR. Each 

deviation must be recorded in its 

appropriate register and be assigned a 

control number as follows: For USAID 

Washington deviations the symbol of 

the procuring activity, or for overseas 

mission deviations the relevant 

geographic code; the abbreviation 

‘‘DEV’’; the fiscal year; the type of 

deviation (from the FAR or AIDAR); the 

serial number [issued in consecutive 

order during each fiscal year] assigned 

to the particular deviation; and the 

suffix ‘‘c’’ if it is a class deviation (e.g., 

M/OAA–DEV–FAR–14–1, M/OAA– 

DEV–FAR–14–2c, 123–DEV–AIDAR– 

14–1). The control number must be 

embodied in the document authorizing 

the deviation and must be cited in all 

references to the deviation. 

* * * * * 

(f) Semiannual report of class 

deviations. (1) USAID contracting 

officers must submit a semiannual 

report to M/OAA/P of all contract 

actions effected under class deviations 

to the FAR and AIDAR, which have 

been approved pursuant to paragraph 

(b) of this section. 

* * * * * 

Subpart 701.6—Career Development, 

Contracting Authority and 

Responsibilities 

■ 8. Amend 701.601 by: 

■ a. Revising the section heading; 

■ b. In paragraph (b), removing the word 

‘‘government-wide’’ and adding, in its 

place, the word ‘‘Government-wide’’; 

■ c. In the last sentence of paragraph (b), 

removing the reference ‘‘701–376–4’’ 

and adding, in its place, the reference 

‘‘(48 CFR) AIDAR 701.601’’; and 

■ d. Revising paragraph (a)(1), the 

introductory text of paragraph (a)(2), the 

heading of paragraph (c)(1), and 

paragraphs (c)(2) and (3) 

The revisions read as follows: 

701.601 General. 

(a)(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 (48 CFR) FAR 6.302–7(a)(2), 6.302– 

7(c)(1), 17.602(a), 19.201(c), 27.306(a), 

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

‘‘head of the agency’’ authority is 

expressly not delegable under the FAR 

or AIDAR. Further, the M/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 

USAID’s internal delegations found in 

the ADS. 

(2) The M/OAA Director has specific 

authority to: 

* * * * * 

(c) * * * 

(1) Director, the Bureau of Democracy, 

Conflict and Humanitarian Assistance, 

the Office of U.S. Foreign Disaster 

Assistance (DCHA/OFDA). * * * 

(2) Director, Bureau for Economic 

Growth, Education and Environment, 

Office of Education (E3/ED). Authority 

to execute simplified acquisitions up to 

$10,000. Unlimited authority for 

procuring participant training based on 

published catalog prices. May issue 

warrants for simplified acquisitions up 

to $10,000 to qualified individuals on 

his or her staff. 

(3) Overseas heads of contracting 

activities. Authority to sign contracts 

where the cumulative amount of the 

contract, as amended, does not exceed 

$1,000,000 (or local currency 

equivalent) for personal services 

contracts; or the simplified acquisition 

threshold as defined in (48 CFR) FAR 

2.101 (or local currency equivalent) for 

all other contracts. May issue warrants 

for simplified acquisitions up to $50,000 

to qualified individuals on his or her 

staff. 

■ 9. Revise 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 of this 

chapter, Termination of Contracts, 

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 found in 

ADS Chapter 591. 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. Policies and procedures for 

resolving audit recommendations are in 

accordance with USAID’s internal 

policies found in ADS Chapters 591 and 

592. 

■ 10. Revise the section heading for 

701.603 to read as follows: 

701.603 Selection, appointment, and 

termination of appointment of contracting 

officers. 

* * * * * 

■ 11. Revise the last sentence in 

701.603–70 to read as follows: 

701.603–70 Designation of contracting 

officers. 

* * * In order to ensure proper 

accountability, and to preclude possible 

security, conflict of interest, or 

jurisdiction problems, USAID 

contracting officers must be U.S. citizen 

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direct-hire employees of the U.S. 

Government. 

PART 702—DEFINITIONS OF WORDS 

AND TERMS 

■ 12. Subpart 702.170 is revised to read 

as follows: 

Subpart 702.170—Definitions 

Sec. 

702.170–1 Definitions. 

Subpart 702.170—Definitions 

702.170–1 Definitions. 

A word or term, defined in this 

section, has the same meaning 

throughout the AIDAR. 

Administrator means the 

Administrator or Deputy Administrator 

of the U.S. Agency for International 

Development. 

Automated Directives System (ADS) 

sets forth the Agency’s policies and 

essential procedures, as well as 

supplementary informational references. 

It contains six functional series, valid 

USAID Handbook chapters, a resource 

library, and a glossary. References to 

‘‘ADS’’ throughout 48 CFR chapter 7 are 

references to the Automated Directives 

System. The entire ADS is accessible to 

the general public at the following 

USAID Internet address: http://

www.usaid.gov/policy/ads/. 

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); the Bureau for 

Democracy, Conflict and Humanitarian 

Assistance, Office of Foreign Disaster 

Assistance (DCHA/OFDA); and the 

Bureau for Economic Growth, Education 

and Environment, Office of Education 

(E3/ED). Subject to the limitations in 

701.601 of this chapter, the latter two 

contracting activities are responsible for 

procurements related to programs and 

activities for their areas. 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 of this 

chapter. 

Cooperating country means a foreign 

country in which there is a program or 

activity administered by USAID. 

Cooperating country national (CCN) 

means an individual who is a 

cooperating country citizen or a noncooperating country citizen lawfully 

admitted for permanent residence in the 

cooperating country. 

Executive agency includes the U.S. 

Agency for International Development 

(USAID) and its predecessor agencies, 

including the International Cooperation 

Administration. 

Foreign Assistance Act means the 

Foreign Assistance Act of 1961, as 

amended (22 U.S.C., Chapter 32). 

Government, Federal, State, local and 

political subdivisions, as used in the 

FAR and AIDAR, do not refer to foreign 

entities except as otherwise stated. 

Head of agency means, for USAID, the 

Administrator, the Deputy 

Administrator, and in accordance with 

the responsibilities and limitations set 

forth in (48 CFR) AIDAR 701.601(a)(1), 

the M/OAA Director. 

Head of the contracting activity: 

(1) The heads of USAID contracting 

activities are listed below. The limits of 

their contracting authority are set forth 

in 701.601 of this chapter. 

(i) USAID/Washington Heads of 

Contracting Activities: 

(A) Director, Bureau for Management, 

Office of Acquisition and Assistance; 

(B) Director, the Bureau for 

Democracy, Conflict and Humanitarian 

Assistance, Office of Foreign Disaster 

Assistance (DCHA/OFDA); and 

(C) Director, Bureau for Economic 

Growth, Education and Environment, 

Office of Education (E3/ED). 

(ii) Overseas Heads of Contracting 

Activities: Each Mission Director or 

principal USAID officer at post (e.g. 

USAID Representative, USAID Affairs 

Officer, etc.). 

(2) Individuals serving in the 

positions listed in paragraphs (1)(i) and 

(ii) of this definition in an ‘‘Acting’’ 

capacity may exercise the authority 

delegated to that position. 

Mission means the USAID mission or 

the principal USAID office or 

representative (including an embassy 

designated to so act) in a foreign country 

in which there is a program or activity 

administered by USAID. 

Overseas means outside the United 

States, its possessions, and Puerto Rico. 

Procurement Executive is 

synonymous with ‘‘Senior Procurement 

Executive’’ as defined in FAR 2.101 and 

means the USAID official who is 

responsible for the management 

direction of USAID’s assistance and 

acquisition (‘‘A&A’’) system, as so 

delegated and more fully described in 

USAID’s internal delegations found in 

the ADS. 

Procuring activity means ‘‘contracting 

activity’’, as defined in this subpart. 

Third country national (TCN) means 

an individual who is neither a 

cooperating country national nor a U.S. 

national, but is a citizen or lawful 

permanent resident (or equivalent 

immigration status) of any country other 

than the countries which are prohibited 

sources. (See 22 CFR 228.15). 

USAID means the U.S. Agency for 

International Development and its 

predecessor agencies, including the 

International Cooperation 

Administration (ICA). 

U.S. national (USN) means an 

individual who is a U.S. citizen or a 

non-U.S. citizen lawfully admitted for 

permanent residence in the United 

States. 

PART 703—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

Subpart 703.1—Safeguards 

■ 13. Redesignate 703.104–5 as 

703.104–4 and revise newly 

redesignated 703.104–4 to read as 

follows: 

703.104–4 Disclosure, protection, and 

marking of contractor bid or proposal 

information and source selection 

information. 

A contracting officer may authorize 

the release of proprietary and/or source 

selection information outside the 

Government for evaluation purposes 

pursuant to (48 CFR) FAR 15.305(c) and 

(48 CFR) AIDAR 715.305(c). 

■ 14. Redesignate 703.104–10.1 as 

703.104–7 and revise newly 

redesignated 703.104–7 to read as 

follows: 

703.104–7 Violations or possible 

violations. 

Requests for concurrence under 

paragraph (a)(1) of (48 CFR) FAR 3.104– 

7 must be forwarded to one level above 

the contracting officer. 

PART 704—ADMINISTRATIVE 

MATTERS 

Subpart 704.4—Safeguarding 

Classified Information Within Industry 

■ 15. Revise 704.404 to read as follows: 

704.404 Contract clauses. 

(a) When the contract includes a 

requirement for the contractor to access 

classified (‘‘Confidential’’, ‘‘Secret’’, or 

‘‘Top Secret’’), or administratively 

controlled (‘‘Sensitive But 

Unclassified’’) information, the 

contracting officer must insert (48 CFR) 

FAR clause 52.204–2, Security 

Requirements and (48 CFR) AIDAR 

clause 752.204–2, Security 

Requirements, in the solicitation and 

award. 

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(b) If the contract requires the 

contractor (or contractor employees) to 

have routine physical access to USAIDcontrolled facilities in the U.S. (i.e., will 

need an ID for regular entry to USAID 

space), or have logical access to 

USAID’s information systems (i.e., 

access to AIDNet, Phoenix, the Global 

Acquisition and Assistance System 

(GLAAS,) etc.,) and the solicitation and 

contract contains (48 CFR) FAR 52.204– 

9(a), the contracting officer must also 

insert (48 CFR) AIDAR 752.204–72, 

Access to USAID Facilities and USAID’s 

Information Systems. Only U.S citizen 

employees or consultants of a U.S.- 

based company may request routine 

physical access to USAID-controlled 

facilities or logical access to USAID’s 

information systems. 

704.7004–2 [Amended] 

■ 16. Amend 704.7004–2(a) by 

removing the word ‘‘agency’’ and 

adding, in its place, the word ‘‘Agency’’. 

704.7005 [Amended] 

■ 17. Amend 704.7005(c) by removing 

the words ‘‘(48 CFR) subpart 716.5’’ and 

add, in their place, the words ‘‘(48 CFR) 

AIDAR subpart 716.5’’. 

SUBCHAPTER B—ACQUISITION PLANNING 

PART 705—PUBLICIZING CONTRACT 

ACTIONS 

705.002 [Removed and Reserved] 

■ 18. Remove and reserve 705.002. 

Subpart 705.2—Synopsis of Proposed 

Contract Actions 

705.202 [Amended] 

■ 19. Amend 705.202 by: 

■ a. In paragraph (b), removing the 

words ‘‘Administrator for Federal 

Procurement Policy ’’ and adding, in 

their place, the words ‘‘Administrator of 

the Office of Management and Budget’s 

Office of Federal Procurement Policy ‘‘; 

and 

■ b. Remove and reserve paragraph (c). 

705.207 [Removed and Reserved] 

■ 20. Remove and reserve 705.207. 

■ 21. Add subpart heading 705.5 before 

705.502 to read as follows: 

Subpart 705.5—Paid Advertisement 

* * * * * 

PART 706—COMPETITION 

REQUIREMENTS 

706.003 [Removed] 

■ 22. Remove 706.003. 

Subpart 706.3—Other than Full and 

Open Competition 

706.302–5 [Removed and Reserved] 

■ 23. Remove and reserve 706.302–5. 

■ 24. Amend 706.302–70 by: 

■ a. Removing the reference ‘‘40 U.S.C. 

474’’ in paragraph (a)(1) and adding, in 

its place, the reference ‘‘40 U.S.C. 113’’; 

■ b. Revising paragraph (c)(1); and 

■ c. Removing the reference ‘‘FAR 

6.303–2(a)(12)’’ in paragraph (c)(4) and 

adding, in its place, the reference ‘‘(48 

CFR) FAR 6.303–2 (b)(12)’’. 

The revision reads as follows: 

706.302–70 Impairment of foreign aid 

programs. 

* * * * * 

(c) * * * 

(1) Proposals must be requested from 

as many potential offerors as is 

practicable under the circumstances. 

Additionally, as required in (48 CFR) 

FAR 5.201, the contracting officer must 

publicize the intended award when 

using the exceptions above, including 

when using the authority at 706.302– 

70(b)(5) where the contracting officer 

has determined that the incumbent 

contractor is the only practicable, 

potential offeror. 

* * * * * 

706.302–71 [Removed and Reserved] 

■ 25. Remove and reserve 706.302–71. 

706.303–1 [Removed] 

■ 26. Remove 706.303–1. 

Subpart 706.5—Competition 

Advocates 

■ 27. Revise 706.501 to read as follows: 

706.501 Requirement. 

The USAID Administrator delegated 

the authority to designate the Agency 

Competition Advocate and a 

competition advocate for each agency 

procuring activity (see 702.170 of this 

chapter) to the M/OAA Director. The M/ 

OAA Director, under the 

Administrator’s delegation, has 

designated the M/OAA Deputy Director 

for Accountability, Compliance, 

Transparency, and Support as the 

Agency Competition Advocate and the 

deputy head of each contracting activity 

as the competition advocate for each 

activity. The competition advocate for 

USAID/W is the Deputy Director for M/ 

OAA Operations. If there is no deputy, 

the head of the contracting activity is 

designated the competition advocate for 

that activity. The competition 

advocate’s duties may not be 

redelegated, but can be exercised by 

persons serving as acting deputy (or 

acting head) of the contracting activity. 

For definitions of contracting activity 

and head of the contracting activity, see 

702.170 of this chapter. 

PART 707—ACQUISITION PLANING 

■ 28. Add subpart 707.1 to read as 

follows: 

Subpart 707.1—Acquisition Plans 

Sec. 

707.104 General procedures. 

Subpart 707.1—Acquisition Plans 

707.104 General procedures. 

Policies, procedures, and internal 

guidance for acquisition planning are 

found in ADS 300. 

PART 709—CONTRACTOR 

QUALIFICATIONS 

Subpart 709.4—Debarment, 

Suspension, and Ineligibility 

■ 29. Revise 709.403 to read as follows: 

709.403 Definitions. 

Debarring official in USAID is the 

Senior Deputy Assistant Administrator, 

Bureau for Management. 

Suspending official in USAID is the 

Senior Deputy Assistant Administrator, 

Bureau for Management. 

Subpart 709.5—Organizational 

Conflicts of Interest 

709.503 [Amended] 

■ 30. In 709.503: 

■ a. Remove the reference ‘‘702.170–10’’ 

and add, in its place, the reference 

‘‘702–170’’; and 

■ b. Remove the words ‘‘Agency head’’ 

and add, in their place, the words 

‘‘agency head’’. 

PART 711—DESCRIBING AGENCY 

NEEDS 

711.002–70 [Amended] 

■ 31. Amend 711.002–70 by: 

■ a. In paragraph (b)(1), removing the 

words ‘‘ADS chapter 323’’ and adding, 

in their place, the words ‘‘ADS Chapter 

323’’; and 

■ b. In paragraph (b)(3), removing the 

acronym ‘‘SDB’’ and adding, in its 

place, the acronym ‘‘OSDBU’’; 

SUBCHAPTER C—CONTRACTING 

METHODS AND CONTRACT TYPES 

PART 713—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 32. Revise the heading for subpart 

713.1 to read as follows: 

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Subpart 713.1—Procedures. 

* * * * * 

713.101 [Redesignated as 713.001] 

■ 33. Redesignate 713.101 as 713.001. 

PART 714—SEALED BIDDING 

Subpart 714.4—Opening of Bids and 

Award of Contract 

714.406–3 [Redesignated as 714.407–3 

and Amended] 

■ 34. Redesignate 714.406–3 as 

714.407–3 and amend newly 

redesignated 714.407–3 by removing the 

reference ‘‘FAR 14.406–3’’ and adding, 

in its place, the reference ‘‘(48 CFR) 

FAR 14.407–3’’. 

■ 35. Redesignate 714.406–4 as 

714.407–4 and amend newly 

redesignated 714.407–4 by: 

■ a. Revising the section heading; and 

■ b. Removing the reference ‘‘FAR 

14.406–4’’ and adding, in its place, the 

reference ‘‘(48 CFR) FAR 14.407–4’’. 

The revision reads as follows: 

714.407–4 Mistakes after award. 

* * * * * 

PART 715—CONTRACTING BY 

NEGOTIATION 

Subpart 715.3—Source Selection 

■ 36. Amend 715.305 by removing and 

reserving paragraph (a) and revising 

paragraphs (b) and (c) to read as follows: 

715.305 Proposal evaluation. 

* * * * * 

(b) A justification must be written by 

the contracting officer and placed in the 

official file to support the decision to 

reject all proposals and to cancel the 

procurement. 

(c) The contracting officer may 

authorize release of proposals outside 

the Government for evaluation— 

(1) When an Evaluation Assistance 

Contract (EAC) is required to provide 

technical advisory or other services 

relating to the evaluation of proposals; 

or 

(2) When an individual other than a 

Government employee, known as a NonGovernment Evaluator (NGE), is 

selected to serve as a member of a 

USAID technical evaluation committee. 

(3) Prior to releasing the proposals 

outside the Government, the contracting 

officer must obtain a signed and dated 

agreement from each NGE and EAC 

employee that they will safeguard the 

proposals and information in the 

proposals and that they perceive no 

actual or potential conflict of interests. 

(An example of such agreement is 

provided in the ADS). 

715.370–1 [Amended] 

■ 37. Amend 715.370–1 by: 

■ a. In paragraph (d)(2)(iv), removing 

the abbreviation ‘‘PIO/T’’ and adding, in 

its place, the word ‘‘requisition’’. 

■ b. In paragraph (d)(4), remove the 

phrase ‘‘715.608 of this subpart’’ and 

adding, in its place, the reference 

‘‘715.303–70’’. 

715.370–2 [Amended] 

■ 38. In paragraphs (b) and (d)(4) of 

715.370–2, remove the references ‘‘AIDR 

appendix F’’ and ‘‘AIDAR appendix F’’ 

and add, in their place, the reference 

‘‘(48 CFR) AIDAR appendix F’’. 

Subpart 715.6—Unsolicited Proposals 

■ 39. Amend 715.602 by: 

■ a. In paragraph (a), removing the word 

‘‘Futher’’ and add, in its place, the word 

‘‘Further’’; and 

■ b. Revising paragraph (c). 

The revision reads as follows: 

715.602 Policy. 

* * * * * 

(c) For detailed information on 

unsolicited proposals including point of 

contact information see (48 CFR) AIDAR 

715.604. 

■ 40. Revise 715.604 to read as follows: 

715.604 Agency points of contact. 

(a) Information on USAID’s policies 

for unsolicited proposals is available 

from the U.S. Agency for International 

Development, Bureau for Management, 

Office of Acquisition and Assistance, 

Evaluation Division (M/OAA/E), SA–44, 

Room 858–E, 1300 Pennsylvania Ave. 

NW., Washington, DC 20523 or by email 

to UnsolicitedProposals@usaid.gov. 

Initial inquiries and subsequent 

unsolicited proposals must be submitted 

to the address specified above. 

(b) The information available 

includes: 

(1) Contact points within USAID; 

(2) Definitions; 

(3) Information source on USAID 

objectives and areas of potential 

interest; 

(4) Characteristics of a suitable 

proposal; 

(5) Determination of contractor 

responsibility; 

(6) Organizational conflicts of interest; 

(7) Cost sharing; and 

(8) Procedures for submission and 

evaluation of proposals; 

(9) Guidance on preferred methods for 

submitting ideas/concepts to the 

Government; 

(10) Instructions for identifying and 

marking proprietary information so that 

it is projected and restrictive legends 

conform to (48 CFR) FAR 15.609. 

PART 716—TYPES OF CONTRACTS 

Subpart 716.3—Cost Reimbursement 

Contracts 

716.406 [Amended] 

■ 41. In 716.406, remove the words 

‘‘Contracting Officer shall include’’ and 

add, in their place, the words 

‘‘contracting officer must insert’’. 

■ 42. Revise the section heading for 

716.505–70 to read as follows: 

716.505–70 Partner vetting—orders under 

indefinite delivery contracts. 

* * * * * 

PART 717—SPECIAL CONTRACTING 

METHODS 

717.700 [Redesignated as 717.770] 

■ 43. Redesignate 717.700 as 717.770. 

SUBCHAPTER D—SOCIOECONOMIC 

PROGRAMS 

PART 719—SMALL BUSINESS 

PROGRAMS 

719.270, 719.271–2, 719.271–3, 719.271–4, 

719.271–5, 719.271–6, and 719.271–7 

[Amended] 

■ 44. In 719.270, 719.271–2, 719.271–3, 

719.271–4, 719.271–5, 719.271–6, and 

719.271–7, remove the acronym ‘‘SDB’’ 

and add, in its place, the acronym 

’’OSDBU’’ each time it appears. 

Subpart 719.2—Policies 

719.270 [Amended] 

■ 45. Amend 719.270 by: 

■ a. In paragraph (a), removing the 

words ‘‘United States small business’’ 

and adding, in their place, the words 

‘‘U.S. small businesses’’; and 

■ b. In paragraph (e), removing the 

phrase ‘‘subsection 702.170–10’’ and 

adding, in its place, the reference ‘‘702– 

170’’. 

719.271–1 [Amended] 

■ 46. Amend 719.271–1 by removing 

the words ‘‘Small Business concerns’’ 

each time they appear and add, in their 

place, the words ‘‘Small business 

concerns’’. 

719.271–2 [Amended] 

■ 47. Amend 719.271–2 by: 

■ a. In paragraph (b), removing the 

words ‘‘Director SDB’’ and adding, in 

their place, the words ‘‘Director, 

OSDBU’’; and 

■ b. Removing and reserving paragraph 

(b)(4). 

719.271–3 [Amended] 

■ 48. Amend 719.271–3 by: 

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■ a. In the introductory text, removing 

the word ‘‘jurisidiction’’ and adding, in 

its place, the word ‘‘jurisdiction’’; and 

■ b. In paragraphs (a) and (n), removing 

the words ‘‘part 19 of the FAR’’ and 

adding, in their place, the words ‘‘part 

19 of the (48 CFR) FAR’’. 

719.271–4 [Amended] 

■ 49. Amend 719.271–4 by: 

■ a. In the introductory text, removing 

the word ‘‘agency’’ and adding, in its 

place, the word ‘‘Agency’’; and 

■ b. In paragraph (c), removing the 

words ‘‘cognizant technical officers’’ 

and adding, in their place, the words 

‘‘contracting officer’s representatives’’. 

719.272 [Removed and Reserved] 

■ 50. Remove and reserve 719.272 

■ 51. Add subpart 719–7 after subpart 

719.273 to read as follows: 

Subpart 719–7—The Small Business 

Subcontracting Program 

Sec. 

719.708 Contract clause. 

Subpart 719–7—The Small Business 

Subcontracting Program 

719.708 Contract clause. 

The Foreign Assistance Act calls for 

USAID to give U.S. Small Businesses an 

opportunity to provide supplies and 

services for foreign assistance projects. 

To help USAID meet this obligation, the 

contracting officer must insert the 

clause at (48 CFR) AIDAR 752.219–8 in 

all solicitations and contracts that 

contain the (48 CFR) FAR clause at 

52.219–8, Utilization of Small Business 

Concerns. 

PART 722—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITION 

Subpart 722.1—Basic Labor Policies 

■ 52. In 722.170, revise the first 

sentence of paragraph (a) to read as 

follows: 

722.170 Employment of third country 

nationals (TCN’s) and cooperating country 

nationals (CCN’S). 

(a) * * * It is USAID policy that 

cooperating country nationals (CCNs) 

and third country nationals (TCNs), who 

are hired abroad for work in a 

cooperating country under USAIDdirect contracts, generally be extended 

the same benefits, and be subject to the 

same restrictions as TCNs and CCNs 

employed by the USAID Mission. * * * 

* * * * * 

Subpart 722.8—Equal Employment 

Opportunity 

■ 53. Amend 722.805–70 by: 

■ a. In the first sentence of paragraph 

(a), removing the reference ‘‘(48 CFR) 

FAR 22.804–2’’ and adding, in its place, 

the reference ‘‘(48 CFR) FAR 22.804–1’’; 

and 

■ b. Revising paragraph (b). 

The revision reads as follows: 

722.805–70 Procedures. 

* * * * * 

(b) Representations and certifications. 

The first step in ensuring compliance 

with these requirements is to obtain all 

necessary representations and 

certifications (Reps and Certs) as 

required by (48 CFR) FAR 22.810 and 

FAR 4.1202. When applicable, the 

contracting officer must review the Reps 

and Certs to determine whether they 

have been completed and signed as 

required, and are acceptable. 

* * * * * 

■ 54. Add 722.810 to read as follows: 

722.810 Solicitation provisions and 

contract clauses. 

The contracting officer must insert the 

clause at 752.222–70, USAID Disability 

Policy, in section H of all solicitations 

and resulting contracts. 

PART 725—FOREIGN ACQUISITIONS 

■ 55. Revise subpart 725.70 to read as 

follows: 

Subpart 725.70—Source and Nationality 

Sec. 

725.701 General. 

725.702 Designation of authorized 

geographic code. 

725.703 Source and Nationality 

requirements—Contract clause. 

725.704 Geographic Code waivers. 

Subpart 725.70—Source and 

Nationality 

725.701 General. 

USAID’s source and nationality 

requirements for program-funded 

contracts and subcontracts are set forth 

in 22 CFR part 228, Rules on 

Procurement of Commodities and 

Services Financed by USAID. 22 CFR 

part 228 is supplemented by the policies 

and procedures in ADS Chapters 310 

and 312. 

725.702 Designation of authorized 

geographic code. 

(a) Unless another geographic code is 

specified in the Schedule of the 

contract, in accordance with 22 CFR 

part 228, the authorized code for all 

Agency contracts is Geographic Code 

937, which is the U.S., the cooperating/ 

recipient country, and developing 

countries other than advanced 

developing countries, and excluding 

prohibited sources. 

(b) The list of developing countries is 

available in ADS Chapter 310. 

725.703 Source and Nationality 

requirements—Contract clause. 

Insert the clause at 752.225–70, 

Source and Nationality Requirements in 

all USAID program-funded solicitations 

and contracts for goods or services, 

unless source and nationality 

requirements do not apply as set forth 

at 22 CFR 228.02. 

725.704 Geographic Code waivers. 

(a) Authority to approve waivers of 

source, nationality, and transportation 

services requirements, pursuant to 22 

CFR part 228, subpart D, is set forth in 

ADS Chapters 103 and 310. 

(b) If a Geographic Code other than 

Code 937 is authorized by a waiver, the 

contracting officer must insert the 

authorized geographic code approved in 

the waiver, in the Schedule of the 

contract as required in 725.702. In 

addition, the contracting officer must 

place a copy of the approved geographic 

code waiver in the official contract file. 

PART 726—OTHER SOCIOECONOMIC 

PROGRAMS 

Subpart 726.70—[Removed and 

Reserved] 

■ 56. Remove and reserve subpart 

726.70. 

SUBCHAPTER E—GENERAL 

CONTRACTING REQUIREMENTS 

PART 727—PATENTS, DATA, AND 

COPYRIGHTS 

■ 57. Add subpart 727.3 to read as 

follows: 

Subpart 727.3—Patent Rights under 

Government Contracts 

Sec. 

727.303 Contract clause. 

Subpart 727.3—Patent Rights under 

Government Contracts 

727.303 Contract clause. 

Contracting officers must insert the 

clause at 752.227–70, Patent Reporting 

Procedures, in all solicitations and 

contracts that contain the clause at (48 

CFR) FAR 52.227–11, Patent Rights— 

Ownership by the Contractor. 

Subpart 727.4—Rights in Data and 

Copyrights 

727.404 [Amended] 

■ 58. In paragraph (g) of 727.404, 

remove the words ‘‘shall incorporate’’ 

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and add in their place, the words ‘‘must 

insert’’. 

727.409 [Amended] 

■ 59. Amend 727.409(a) by: 

■ a. Removing the word ‘‘incorporates’’ 

and adding, in its place, the word 

‘‘inserts’’; and 

■ b. Removing the words ‘‘(48 CFR) 

752.227–14’’ and adding, in their place, 

the words ‘‘(48 CFR) AIDAR 752.227– 

14’’. 

PART 728—BONDS AND INSURANCE 

Subpart 728.1—Bonds 

■ 60. Revise 728.105–1(b) to read as 

follows: 

728.105–1 Advance payment bonds. 

* * * * * 

(b) Whenever a contracting officer 

considers that an advance payment 

bond is necessary, the contracting 

officer will: 

(1) Establish a bond penalty that will 

adequately protect interests of the 

Government; 

(2) Use the USAID Advance Payment 

Bond format; 

(3) Place bond with a surety currently 

approved by the U.S. Treasury 

Department according to the latest 

Treasury Department Circular 570; and 

(4) Stipulate that the cost of the bond 

shall not exceed a rate of $7.50 per 

$1,000 per annum based on the penalty 

of the bond, without the prior written 

approval of the Bureau for Management, 

Office of Acquisition and Assistance, 

Policy Division (M/OAA/P). 

* * * * * 

Subpart 728.3—Insurance 

728.307–70 [Amended] 

■ 61. In 728.307–70, remove the words 

‘‘Contracting Officer shall insert’’ and 

add, in their place, the words 

‘‘contracting officer must insert’’. 

PART 731—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

Subpart 731.1—Applicability 

731.109 [Amended] 

■ 62. In 731.109, remove the words 

‘‘Overhead and Special Cost and 

Contract Close-Out Branch, Office of 

Acquisition and Assistance’’ and add, in 

their place, the words ‘‘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)’’. 

■ 63. Revise 731.205–46 to read as 

follows: 

731.205–46 Travel costs. 

It is USAID policy to require prior 

written approval of international travel 

by the contracting officer, or the 

contracting officer’s representative 

(COR) if delegated in the Contracting 

Officer’s Representative Designation 

Letter. See (48 CFR) AIDAR 752.7032 for 

specific requirements and procedures. 

731.205–71 [Amended] 

■ 64. Revise 731.205–71 by: 

■ a. In paragraph (c), removing ‘‘(on 

ADS–CD under USAID Handbooks, 

Handbook 1)’’ and adding, in their 

place, ‘‘in ADS Chapter 302’’; 

■ b. In paragraph (d), removing the 

words ‘‘Contracting Officer’’ and 

adding, in their place, the words 

‘‘Contracting officer’’. 

Subpart 731.7—Contracts with 

Nonprofit Organizations 

731.770 [Amended] 

■ 65. Revise 731.770(a) by: 

■ a. Removing the words ‘‘Director, 

Office of Acquisition and Assistance’’ 

and adding, in their place, the words 

‘‘Director, Bureau for Management, 

Office of Acquisition and Assistance’’; 

■ b. Removing the words ‘‘Overhead 

and Special Cost and Contract Close-Out 

Branch, Office of Acquisition and 

Assistance (OCC)’’ and adding, in their 

place, the words ‘‘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)’’; and 

■ c. Removing the abbreviation ‘‘OCC’’ 

and adding, in its place, the 

abbreviation ‘‘M/OAA/CAS/OCC’’. 

PART 732—CONTRACT FINANCING 

Subpart 732.1 [Removed] 

■ 66. Remove subpart 732.1. 

■ 67. Revise the heading for subpart 

732.4 to read as follows: 

Subpart 732.4—Advance Payments for 

Non-Commercial Items 

* * * * * 

■ 68. Revise 732.402 to read as follows: 

732.402 General. 

(a)–(d) [Reserved] 

(e)(1) U.S. Dollar advances to forprofit organizations for any award, 

including advances for disbursement to 

grantees, must be processed and 

approved in accordance with ADS 

Chapter 636. 

(2) All local currency advances to forprofit organizations for any award 

require the approval of the head of the 

contracting activity, with concurrence of 

the Mission Controller. 

■ 69. Revise 732.406–71, 732.406–72, 

732.406–73, and 732.406–74 to read as 

follows: 

732.406–71 Applicability for use of a Letter 

of Credit (LOC). 

An LOC must be used when: 

(a) The contracting officer has 

determined that an advance payment is 

necessary and appropriate in 

accordance with this subpart and the 

requirements found in (48 CFR) FAR 

32.4; 

(b) USAID has, or expects to have, a 

continuing relationship of at least one 

year with the organization, and the 

annual amount required for advance 

financing will be at least $50,000; and 

(c) The advance payment is approved 

in accordance with (48 CFR) AIDAR 

732.402(e). Additionally, the advance 

payments made by LOC under for fee or 

profit contracts, must be approved by 

the Procurement Executive. 

732.406–72 Establishing an LOC. 

(a) While the contract will provide for 

the use of an LOC when it is applicable 

under 732.406–71, the LOC is a separate 

agreement between the contractor and 

USAID. The terms and conditions of the 

LOC are contained in the LOC 

instructions issued by USAID and the 

general operating requirements are those 

imposed by the USAID LOC servicing 

agent. LOCs for both USAID/ 

Washington and Mission-executed 

awards are established by the Bureau for 

Management, Office of the Chief 

Financial Officer, Cash Management 

and Payment Division (M/CFO/CMP) 

through the Agency LOC servicing 

agent. 

(b) To establish a new LOC account, 

the contractor must submit to USAID 

the documentation specified in (48 CFR) 

AIDAR Clause 752.232–70(b). 

732.406–73 LOC contract clause. 

(a) If payment is to be provided by 

LOC, the contract must contain the 

clause in 752.232–70. 

(b) Contracting officers must ensure 

that an appropriate (48 CFR) FAR 

payment clause is also inserted in the 

contract, in the event that the LOC is 

revoked pursuant to 732.406–74. 

732.406–74 Revocation of the LOC. 

If during the term of the contract M/ 

CFO/CMP believes that the LOC should 

be revoked, M/CFO/CMP may, after 

consultation with the cognizant 

contracting officer(s) and GC, revoke the 

LOC by written notification to the 

contractor. A copy of any such 

revocation notice will immediately be 

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provided to the cognizant contracting 

officer(s). 

PART 733—PROTESTS, DISPUTES 

AND APPEALS 

Subpart 733.1—Protests 

733.103–72 [Amended] 

■ 70. Amend 733.103–72(a) by 

removing the words ‘‘Assistant General 

Counsel for Litigations and Enforcement 

(GC/LE)’’ and adding, in their place, the 

words ‘‘Office of the General Counsel’s 

Division for Litigation and Enforcement 

(GC/LE)’’. 

■ 71. Amend 733.103–73 by: 

■ a. Revising the section heading; and 

■ b. In paragraph (d), removing the 

words ‘‘General Accounting Office 

(GAO)’’ and adding, in their place, the 

words ‘‘Government Accountability 

Office (GAO)’’. 

The revision reads as follows: 

733.103–73 Protests excluded from 

Agency consideration. 

* * * * * 

Subpart 733.27—USAID Procedures for 

Disputes and Appeals 

■ 72. Redesignate 733.270–1 as 733.270 

and revise newly redesignated 733.270 

to read as follows: 

733.270 Designation of Civilian Board of 

Contract Appeals (CBCA) to hear and 

determine appeals under USAID contracts. 

(a) The Civilian Board of Contract 

Appeals (CBCA) was established by 

section 847 of the National Defense 

Authorization Act for Fiscal Year 2006 

to hear and decide contract disputes 

between Government contractors and 

executive civilian agencies under the 

provisions of the Contract Disputes Act 

of 1978, 41 U.S.C. 7101–7109, and 

regulations and rules issued under that 

statute. The CBCA is USAID’s board for 

hearing and deciding appeals to 

contracting officer decisions. 

(b) USAID must follow CBCA Rules of 

Procedure (see www.cbca.gsa.gov). 

(c) The Office of the General 

Counsel’s Division of Litigation and 

Enforcement (GC/LE) will assure 

representation of the interests of the 

Government in proceedings before the 

CBCA. 

(d) All officers and employees of 

USAID must cooperate with the CBCA 

and GC/LE in the processing of appeals 

so as to assure their speedy and just 

determination. 

733.270–2 [Removed] 

■ 73. Remove 733.270–2. 

SUBCHAPTER F—SPECIAL 

CATEGORIES OF CONTRACTING 

PART 736—CONSTRUCTION AND 

ARCHITECT—ENGINEER CONTRACTS 

■ 74. Add subpart 736.5 to read as 

follows: 

Subpart 736.5—Contract Clauses 

Sec. 

736.570 Disability Standards in 

Construction Contracts. 

Subpart 736.5—Contract Clauses 

736.570 Disability Standards in 

Construction Contracts. 

Contracting officers must insert the 

clause at 752.236–70, Standards for 

Accessibility for the Disabled in USAID 

Construction Contracts, in all 

solicitations and contracts for 

construction or renovations made using 

program funds. 

Subpart 736.6—Architect-Engineer 

Services 

736.603 [Removed and Reserved] 

■ 75. Remove and reserve 736.603. 

SUBCHAPTER G—CONTRACT 

MANAGEMENT 

PART 742—CONTRACT 

ADMINISTRATION 

Subpart 742.11—Production, 

Surveillance, and Reporting 

742.1170–2 [Amended] 

■ 76. Revise 742.1170–2 by: 

■ a. In paragraph (b), removing the 

words ‘‘FAR 48 CFR’’ each time they 

appear and adding, in their place, the 

words ‘‘(48 CFR) FAR’’. 

■ b. In paragraph (c), removing the 

words ‘‘FAR 48 CFR’’ and adding, in 

their place, the words ‘‘(48 CFR) FAR’’. 

Subpart 742.15—Contractor 

Performance Information 

742.1502 [Amended] 

■ 77. Amend 742.1502 by: 

■ a. Removing and reserving paragraph 

(a); and 

■ b. In paragraph (b), removing the 

words ‘‘FAR subpart 42.15’’ and adding, 

in their place, the words ‘‘(48 CFR) FAR 

subpart 42.15’’. 

742.1503 [Amended] 

■ 78. Amend 742.1503(b) by removing 

the words ‘‘FAR 42.1503(b)’’ and 

adding, in their place, the words ‘‘(48 

CFR) FAR 42.1503’’. 

PART 745—GOVERNMENT PROPERTY 

Subpart 745.1—General 

■ 79. Redesignate 745.106 as 745.107 

and revise newly redesignated 745.107 

to read as follows: 

745.107 Contract clauses. 

(a) The contracting officer must insert 

the clause at (48 CFR) AIDAR 752.245– 

71 in all contracts under which the 

contractor will acquire property for use 

overseas and the contract funds were 

obligated under a Development 

Objective Agreement (DOAG) (or similar 

bilateral obligating agreement) with the 

cooperating country. 

(b) The contracting officer must insert 

the applicable clause as required in (48 

CFR) FAR 45.107 and (48 CFR) AIDAR 

752.245–70 in all contracts under which 

the contractor will acquire property 

with funds not already obligated under 

a DOAG (or similar bilateral obligating 

agreement) with the cooperating 

country. 

PART 747—TRANSPORTATION 

Subpart 747.5—Ocean Transportation 

by U.S.-Flag Vessels 

747.507 [Amended] 

■ 80. Amend 747.507 by: 

■ a. Removing the reference ‘‘FAR 

27.507(a)’’ and adding, in its place, the 

reference ‘‘FAR 47.507(a)’’; and 

■ b. Removing the words ‘‘Contracting 

Officer shall’’ and ‘‘Contracting officer 

shall’’ and adding, in their place, the 

words ‘‘Contracting officer must’’. 

PART 750—Extraordinary Contractual 

Actions 

Subpart 750.71—Extraordinary 

Contractual Actions to Protect Foreign 

Policy Interests of the United States 

750.7109–1 [Amended] 

■ 81. In 750.7109–1, remove the words 

‘‘Office of Acquisition and Assistance, 

Evaluation Division (M/OAA/E)’’ and 

add, in their place, the words ‘‘Bureau 

for Management, Office of Acquisition 

and Assistance, Evaluation Division (M/ 

OAA/E)’’. 

750.7109–2 [Amended] 

■ 82. In 750.1109–2, remove the 

reference ‘‘FAR 50.303’’ add, in its 

place, the reference ‘‘(48 CFR) FAR 

50.103–3’’. 

750.7109–3 [Amended] 

■ 83. In 750.1109–3, remove the 

references ‘‘FAR 50.304’’ and add, in its 

place, the reference ‘‘(48 CFR) FAR 

50.103–4’’. 

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750.7110–1 [Amended] 

■ 84. In 750.7110–1, remove the words 

‘‘Evaluation Division of the Office of 

Acquisition and Assistance (M/OAA/

E)’’ and add, in their place, the words 

‘‘Bureau for Management, Office of 

Acquisition and Assistance, Evaluation 

Division (M/OAA/E)’’. 

750.7110–3 [Amended] 

■ 85. Amend the section heading for 

750.1110–3 by removing the acronym 

‘‘M/OP Director’’ and adding, in its 

place, the acronym ‘‘M/OAA Director’’. 

SUBCHAPTER H—CLAUSES AND 

FORMS 

PART 752—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 86. Add subpart 752.1 to read as 

follows: 

Subpart 752.1—Instructions for Using 

Provisions and Clauses 

Sec. 

752.102 Incorporating provisions and 

clauses. 

752.107 AIDAR provisions and clauses 

prescribed in this subpart. 

Subpart 752.1—Instructions for Using 

Provisions and Clauses 

752.102 Incorporating provisions and 

clauses. 

(a) As authorized by FAR 52.102, FAR 

and AIDAR provisions and clauses 

should be incorporated by reference in 

solicitations and contracts to the 

maximum practical extent, except as 

provided in paragraph (b) of this 

section. For provisions that require fillins or input by the contracting officer, 

the paragraph that contains the fill-in 

information must be included directly 

below the title of the provision or 

clause. 

(b) If applicable, the following AIDAR 

provisions and clauses must be 

incorporated in full text in all 

solicitations and awards: 

No. AIDAR 

(48 CFR chapter 7) Title Date 

752.225–4 ................................................... Buy American Act—Trade Agreements ........................................................................ July 1997. 

752.232–70 ................................................. Letter of Credit Advance Payment ................................................................................ Mar 2015. 

752.245–70 ................................................. Government property—USAID reporting requirements ................................................ July 1997. 

752.7003 ..................................................... Documentation for payment .......................................................................................... Nov 1998. 

(c) Contracting activities may choose 

to incorporate provisions in full text, 

when: 

(1) A new clause or significant 

revisions to an existing clause is issued 

less than six months prior to issuance of 

a solicitation or a contract award; 

(2) Listing a clause in full text will 

ensure compliance with the contract 

terms and conditions; 

(3) Inclusion of clauses in full text is 

more practical under the local 

conditions (e.g., situations where doing 

so will assist small local entities, the 

prospective contractors may have 

limited Internet access, etc.). 

(d) If a solicitation or contract 

contains one or more FAR provisions or 

clauses incorporated by reference, the 

contracting officer must insert the 

following Internet address: http://

www.acquisition.gov/comp/far/

index.html in FAR clause 52.252–1, 

Solicitation Provisions Incorporated by 

Reference or 52.252–2, Clauses 

Incorporated by Reference. 

752.107 AIDAR provisions and clauses 

prescribed in this subpart. 

(a) The contracting officer must insert 

the provision at 752.252–1, Solicitation 

Provisions Incorporated by Reference, in 

solicitations in order to incorporate 

AIDAR provisions by reference. 

(b) The contracting officer must insert 

the clause at 752.252–2, AIDAR Clauses 

Incorporated by Reference, in 

solicitations and contracts in order 

incorporate AIDAR clauses by reference. 

(c) The contracting officer must insert 

the provision at 752.252–70, Provisions 

and Clauses to be Completed by the 

Offeror, in full text in solicitations or 

contract containing FAR or AIDAR 

provision(s) or clause(s) that must be 

completed by offerors or prospective 

contractors and submitted with the 

quotation or offer. 

Subpart 752.2—Texts of Provisions 

and Clauses 

■ 87. Amend 752.202–1 by: 

■ a. In paragraph (c), revising the clause 

heading and paragraph (b) of the clause; 

and 

■ b. In paragraph (d), revising the clause 

heading and paragraphs (b) and (g) of 

the clause. 

The revisions read as follows: 

752.202–1 Definitions. 

* * * * * 

(c) Alternate 71. * * * 

USAID DEFINITIONS CLAUSE— 

SUPPLEMENT FOR CONTRACTS WITH AN 

EDUCATIONAL INSTITUTION FOR 

PARTICIPANT TRAINING (MAY 2011) 

* * * * * 

(b) Director shall mean the individual who 

fills the USAID position of Director, Bureau 

for Economic Growth, Education and 

Environment, Office of Education (E3/ED), or 

authorized representative acting within the 

limits of the individual’s authority. 

* * * * * 

(d) Alternate 72. * * * 

USAID Definitions Clause—Supplement for 

USAID Contracts Involving Performance 

Overseas (JUNE 2009) 

* * * * * 

(b) Cooperating Country National (CCN) 

employee means an individual who meets 

the citizenship requirements of the CCN 

definition in (48 CFR) AIDAR 702.170 and is 

hired while residing outside the United 

States for work in a cooperating country. 

* * * * * 

(g) Third Country National (TCN) 

employee means an individual who meets 

the citizenship requirements of the TCN 

definition in (48 CFR) AIDAR 702.170 and is 

hired while residing outside the United 

States for work in a Cooperating Country. 

■ 88. Revise 752.204–2 to read as 

follows: 

752.204–2 Security Requirements. 

As prescribed in (48 CFR) AIDAR 

704.404(a), when the clause in (48 CFR) 

FAR 52.204–2 is used in USAID 

contracts, paragraph (a) of the clause is 

revised as follows: 

Security Requirements (FEB 1999) 

Pursuant to the Foreign Affairs Manual, 12 

FAM 540 (http://www.state.gov/documents/

organization/88404.pdf), USAID applies the 

safeguards applicable to ‘‘Confidential’’ 

information to administratively controlled 

information designated as ‘‘Sensitive But 

Unclassified’’. Therefore, when the clause in 

(48 CFR) FAR 52.204–2 is used in USAID 

contracts, pursuant to 704.404(a), paragraph 

(a) of the clause is revised as follows: 

(a) This clause applies to the extent that 

this contract involves access to classified 

(‘Confidential’, ‘Secret’, or ‘Top Secret’), or 

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74998 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

administratively controlled (‘Sensitive But 

Unclassified’) information. 

■ 89. Add 752.204–72 to read as 

follows: 

752.204–72 Access to USAID Facilities and 

USAID’s Information Systems. 

As prescribed in (48 CFR) AIDAR 

704.404(b), insert the following clause 

in all solicitations and contracts that 

contain the provision at (48 CFR) FAR 

52.204–9(a): 

Access to USAID Facilities and USAID’s 

Information Systems (AUG 2013) 

(a) A U.S. citizen or resident alien engaged 

in the performance of this award as an 

employee, consultant, or volunteer of a U.S 

firm may obtain access to USAID facilities or 

logical access to USAID’s information 

systems only when and to the extent 

necessary to carry out this award and in 

accordance with this clause. The contractor’s 

employees, consultants, or volunteers who 

are not U.S. citizen as well as employees, 

consultants, or volunteers of non-U.S. firms, 

irrespective of their citizenship, will not be 

granted logical access to U.S. Government 

information technology systems (such as 

Phoenix, GLAAS, etc.) and must be escorted 

to use U.S. Government facilities (such as 

office space). 

(b) Before a contractor (or a contractor 

employee, consultant, or volunteer) or 

subcontractor at any tier may obtain a USAID 

ID (new or replacement) authorizing the 

individual routine access to USAID facilities 

in the United States, or logical access to 

USAID’s information systems, the individual 

must provide two forms of identity source 

documents in original form to the Enrollment 

Office personnel when undergoing 

processing. One identity source document 

must be a valid Federal or State Governmentissued picture ID. Contractors may contact 

the USAID Security Office to obtain the list 

of acceptable forms of documentation. 

Submission of these documents, to include 

documentation of security background 

investigations, are mandatory in order for the 

contractor to receive a PIV/FAC card and be 

granted access to any of USAID’s information 

systems. All such individuals must 

physically present these two source 

documents for identity proofing at their 

enrollment. 

(c) The contractor or its Facilities Security 

Officer must return any issued building 

access ID and remote authentication token to 

the contracting officer’s representative (COR) 

upon termination of the individual’s 

employment with the contractor or 

completion of the contract, whichever occurs 

first. 

(d) Individuals engaged in the performance 

of this award as employees, consultants, or 

volunteers of the contractor must comply 

with all applicable Homeland Security 

Presidential Directive–12 (HSPD–12) and 

Personal Identity Verification (PIV) 

procedures, as described above, and any 

subsequent USAID or Government-wide 

HSPD–12 and PIV procedures/policies. 

(e) The contractor is required to insert this 

clause in any subcontracts that require the 

subcontractor, subcontractor employee, or 

consultant to have routine physical access to 

USAID space or logical access to USAID’s 

information systems. 

752.209–71 [Amended] 

■ 90. In the introductory text of 

752.209–71, remove the word ‘‘include’’ 

and add, in its place, the word ‘‘insert’’. 

752.216–70 [Amended] 

■ 91. Amend 752.216–70 by removing 

paragraph (c) of the contract clause. 

■ 92. Revise 752.219–8 to read as 

follows: 

752.219–8 Utilization of small business 

concerns and small disadvantaged 

business concerns. 

As prescribed in (48 CFR) AIDAR 

719.708, insert the following clause in 

solicitations and contracts that contain 

the clause at 52.219–8, Utilization of 

Small Business Concerns: 

Utilization of Small Business Concerns and 

Small Disadvantaged Business Concerns 

(MAR 2015) 

In addition to the FAR clause at 52.219– 

8, Utilization of Small Business Concerns, 

the contractor must comply with the 

following USAID small business provision: 

To permit USAID, in accordance with the 

small business provisions of the Foreign 

Assistance Act, to give small business firms 

an opportunity to participate in supplying 

equipment supplies and services financed 

under this contract, the contractor must, to 

the maximum extent possible, provide the 

following information to the U.S. Agency for 

International Development(USAID), Office of 

Small and Disadvantaged Business 

Utilization (OSDBU), 1300 Pennsylvania 

Ave. NW., SA–44, Room 848, Washington, 

DC 20523, at least 45 days prior to placing 

any order in excess of the simplified 

acquisition threshold except where a shorter 

time is requested of, and granted by OSDBU: 

(1) Brief general description and quantity 

of commodities or services; 

(2) Closing date for receiving quotations or 

bids; and 

(3) Address where invitations or 

specifications may be obtained. 

752.219–70 [Amended] 

■ 93. In 752.219–70, remove the words 

‘‘USAID Mentor-Prote ́ge ́ Program (July 

13, 2007)’’ and add, in their place, the 

words ‘‘USAID Mentor-Prote ́ge ́ Program 

(July 2007)’’. 

752.219–71 [Amended] 

■ 94. In 752.219–71, remove the words 

‘‘Mentor Requirements and Evaluation 

(July 13, 2007)’’ and add, in their place, 

the words ‘‘Mentor Requirements and 

Evaluation (July 2007)’’. 

■ 95. Add 752.222–70 to read as 

follows: 

752.222–70 USAID Disability Policy. 

As prescribed in 722.810, the 

contracting officer must insert the 

following clause in Section H of all 

solicitations and resulting awards. 

USAID Disability Policy (DEC 2004) 

(a) The objectives of the USAID Disability 

Policy are: 

(1) To enhance the attainment of United 

States foreign assistance program goals by 

promoting the participation and equalization 

of opportunities of individuals with 

disabilities in USAID policy, country and 

sector strategies, activity designs and 

implementation; 

(2) To increase awareness of issues of 

people with disabilities both within USAID 

programs and in host countries; 

(3) To engage other U.S. Government 

agencies, host country counterparts, 

governments, implementing organizations 

and other donors in fostering a climate of 

nondiscrimination against people with 

disabilities; and 

(4) To support international advocacy for 

people with disabilities. The full text of 

USAID’s policy can be found at the following 

Web site: http://pdf.usaid.gov/pdf_docs/

PDABQ631.pdf. 

(b) USAID therefore requires that the 

contractor not discriminate against people 

with disabilities in the implementation of 

USAID programs and that it make every effort 

to comply with the objectives of the USAID 

Disability Policy in performing this contract. 

To that end and within the scope of the 

contract, the contractor’s actions must 

demonstrate a comprehensive and consistent 

approach for including men, women, and 

children with disabilities. 

■ 96. Revise 752.225–70 to read as 

follows: 

752.225–70 Source and nationality 

requirements. 

As prescribed in 725.704, insert the 

following clause: 

Source and Nationality Requirements (FEB 

2012) 

(a) Except as may be specifically approved 

by the contracting officer, the contractor must 

procure all commodities (e.g., equipment, 

materials, vehicles, supplies) and services 

(including commodity transportation 

services) in accordance with the 

requirements at 22 CFR part 228 ‘‘Rules on 

Procurement of Commodities and Services 

Financed by USAID.’’ The authorized source 

for procurement is Geographic Code 937 

unless otherwise specified in the schedule of 

this contract. Guidance on eligibility of 

specific goods or services may be obtained 

from the contracting officer. 

(b) Ineligible goods and services. The 

contractor must not procure any of the 

following goods or services under this 

contract: 

(1) Military equipment; 

(2) Surveillance equipment; 

(3) Commodities and services for support 

of police and other law enforcement 

activities; 

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(4) Abortion equipment and services; 

(5) Luxury goods and gambling equipment; 

or 

(6) Weather modification equipment. 

(c) Restricted goods. The contractor must 

obtain prior written approval of the 

contracting officer or comply with required 

procedures under an applicable waiver as 

provided by the contracting officer when 

procuring any of the following goods or 

services: 

(1) Agricultural commodities; 

(2) Motor vehicles; 

(3) Pharmaceuticals and contraceptive 

items; 

(4) Pesticides; 

(5) Fertilizer; 

(6) Used equipment; or 

(7) U.S. Government-owned excess 

property. 

If USAID determines that the contractor 

has procured any of these specific restricted 

goods under this contract without the prior 

written authorization of the contracting 

officer or fails to comply with required 

procedures under an applicable waiver as 

provided by the contracting officer, and has 

received payment for such purposes, the 

contracting officer may require the contractor 

to refund the entire amount of the purchase. 

752.225–71 [Removed] 

■ 97. Remove 752.225–71. 

752.226–1, 752.226–2, 752.226–3 

[Removed and Reserved] 

■ 98. Remove and reserve 752.226–1, 

752.226–2, and 752.226–3. 

■ 99. Add 752.227–70 to read as 

follows: 

752.227–70 Patent reporting procedures. 

As prescribed in (48 CFR) AIDAR 

727.303, insert the following clause in 

all solicitations and contracts that 

contain the clause at (48 CFR) FAR 

52.227–11. 

Patent Reporting Procedures (AUG 1999) 

(a) Reporting inventions. In accordance 

with 37 CFR part 401, each USAID-funded 

research recipient must disclose each subject 

invention to USAID as required in (48 CFR) 

FAR 52.227–11(c). Such reports must be 

made via the National Institutes of Health 

(NIH) EDISON Patent Reporting and Tracking 

system. NIH created EDISON to help assist 

research recipients to comply with the BayhDole Act and report in a timely manner all 

patentable inventions arising out of 

Federally-sponsored research programs. The 

EDISON system uses Web technology to 

allow research recipients to report and 

monitor their invention reports, with the 

assurance that proprietary data is securely 

stored. The Web site for EDISON (http://

www.iedison.gov) provides users with an 

invention reporting test site, as well as 

applicable instructions for complying with 

Government regulations, and increases the 

potential for successful commercialization of 

the inventions by helping to ensure that all 

reporting requirements are met and that 

ownership rights are clearly established. 

(b) Reports on utilization of subject 

inventions as required under (48 CFR) FAR 

52.227–11(f) must be provided to the USAID 

contracting officer’s technical representative 

annually, and the last report under an 

agreement must be provided within 90 days 

of the expiration of the agreement. 

■ 100. In 752.228–3, revise the 

introductory text and add a clause 

heading and introductory text before 

paragraph (a) of the clause to read as 

follows: 

752.228–3 Worker’s Compensation 

Insurance (Defense Base Act). 

As prescribed in 728.309, the 

following supplemental coverage must 

be added to the clause specified in (48 

CFR) FAR 52.228–3 by the USAID 

contracting officer. 

Worker’s Compensation Insurance (Defense 

Base Act) (DEC 1991) 

In addition to the requirements specified in 

(48 CFR) FAR 52.228–3, the contractor agrees 

to the following: 

* * * * * 

■ 101. Amend 752.228–7 by: 

■ a. Revising the introductory text; 

■ b. Adding a clause heading and 

introductory text before the clause; and 

■ c. In the text of the clause, removing 

the words ‘‘minimum coverages or such 

other minimum coverages’’ and adding, 

in their place, the words ‘‘minimum 

coverage or such other minimum 

coverage’’. 

The addition reads as follows: 

752.228–7 Insurance—liability to third 

persons. 

As prescribed in 728.307–2(c), the 

following paragraph must be added to 

the clause specified in (48 CFR) FAR 

52.228–7 as either paragraph (h) (if (48 

CFR) FAR 52.228–7 Alternate I is not 

used) or (i) (if (48 CFR) FAR 52.228–7 

Alternate I is used): 

Insurance—Liability to Third Persons (JULY 

1997) 

The following paragraph is added to the 

clause specified in (48 CFR) FAR 52.228–7: 

* * * * * 

■ 102. In 752.228–9, revise the 

introductory text and add a clause 

heading immediately following the 

introductory text to read as follows: 

752.228–9 Cargo insurance. 

As prescribed in 728.313(a), the 

following preface is to be used 

preceding the text of the clause at (48 

CFR) FAR 52.228–9: 

Cargo Insurance (DEC 1998) 

* * * * * 

752.228–70 [Amended] 

■ 103. In the first sentence of 752.228– 

70(a), remove the word ‘‘Contractor’’ 

and add, in its place, the words ‘‘The 

contractor’’. 

■ 104. In 752.231–71, revise the date in 

the clause heading and add paragraph 

(c) to read as follows: 

752.231–71 Salary supplements for Host 

Government employees. 

As prescribed in 731.205–71, for use 

in all contracts with a possible need or 

services of a HG employee. The clause 

should also be inserted in all 

subsequent sub-contracts. 

Salary Supplements for Host Government 

Employees (MAR 2015) 

* * * * * 

(c) The Contractor must insert a clause 

containing all the terms of this clause, 

including the requirement to obtain the 

written approval of the contracting officer for 

all salary supplements, in all subcontracts 

under this contract that may entail HG 

employee salary supplements. 

■ 105. Revise 752.232–70 to read as 

follows: 

752.232–70 Letter of Credit Advance 

Payment. 

As required by 732.406–73, insert the 

following clause in contracts being paid 

by Letter of Credit. 

Letter of Credit Advance Payment (MAR 

2015) 

(a) Payment under this contract must be by 

means of a Letter of Credit (LOC) in 

accordance with the terms and conditions of 

the LOC and any instructions issued by the 

USAID, Bureau for Management, Office of the 

Chief Financial Officer, Cash Management 

and Payment Division (M/CFO/CMP). 

(b) Immediately upon award, or as soon as 

the Letter of Credit payment method is 

approved by the contracting officer, 

contractors without an established LOC 

account must submit the following forms 

with original signatures, to the address 

specified below: 

Forms: 

(1) A signed original SF–1199A (Direct 

Deposit Sign-Up Form); and 

(2) ‘‘Division of Payment Management 

Payment Management System Access Form’’ 

found at the Department of State and Human 

Services (DHHS) Web site. 

Address: ATTN: James DuBois, U.S. 

Agency for International Development, 

M/CFO/CMP—LOC Unit, 1300 Pennsylvania 

Ave. NW., SA–44, Room 430–J, Washington, 

DC 20523–7700. 

Contractors must also submit the forms 

specified above electronically to loc@

usaid.gov. 

(c) As long as the LOC is in effect, the 

terms and conditions of the LOC and any 

instructions issued by M/CFO/CMP 

constitute the payment conditions of this 

contract, superseding and taking precedence 

over any other clause of this contract 

concerning payment. 

(d) If the LOC is revoked, payment may be 

made on a cost-reimbursement basis, in 

accordance with the other clauses of this 

contract concerning payment. 

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75000 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

(e) Revocation of the LOC is at the 

discretion of M/CFO/CMP after consultation 

with the contracting officer. Notification to 

the contractor of revocation must be in 

writing and must specify the reasons for such 

action. The contractor may appeal any such 

revocation to the contracting officer, in 

accordance with the Disputes clause of this 

contract. Pending final decision, payments 

under the contract will be in accordance with 

paragraph (d) of this clause. 

■ 106. Add 752.236–70 to read as 

follows: 

752.236–70 Standards for Accessibility for 

the Disabled in USAID Construction 

Contracts. 

As prescribed in 736.570, for 

contracts for construction or renovation 

using program funds, insert the 

following clause. 

Standards for Accessibility for the Disabled 

in USAID Construction Contracts (July 2007) 

(a) One of the objectives of the USAID 

Disability Policy is to engage other U.S. 

Government agencies, host country 

counterparts, governments, implementing 

organizations and other donors in fostering a 

climate of nondiscrimination against people 

with disabilities. As part of this policy 

USAID has established standards for any new 

or renovation construction project funded by 

USAID to allow access by people with 

disabilities (PWDs). The full text of the 

policy paper can be found at the following 

Web site: http://www.usaid.gov/about_usaid/ 

disability/. 

(b) USAID requires the contractor to 

comply with standards of accessibility for 

people with disabilities in all structures, 

buildings or facilities resulting from new or 

renovation construction or alterations of an 

existing structure. 

(c) The contractor must comply with the 

host country or regional standards for 

accessibility in construction when such 

standards result in at least substantially 

equivalent accessibility and usability as the 

standard provided in the Americans with 

Disabilities Act (ADA) of 1990 and the 

Architectural Barriers Act (ABA) 

Accessibility Guidelines of July 2004. Where 

there are no host country or regional 

standards for universal access or where the 

host country or regional standards fail to 

meet the ADA/ABA threshold, the standard 

prescribed in the ADA and the ABA must be 

used. 

(d) New Construction. All new 

construction must comply with the above 

standards for accessibility. 

(e) Alterations. Changes to an existing 

structure that affect, or could affect, the 

usability of the structure must comply with 

the above standards for accessibility unless 

the contractor obtains the contracting 

officer’s advance approval that compliance is 

technically infeasible or constitutes an undue 

burden or both. Compliance is technically 

infeasible where structural conditions would 

require removing or altering a load-bearing 

member that is an essential part of the 

structural frame or because other existing 

physical or site constraints prohibit 

modification or addition of elements, spaces, 

or features that are in full and strict 

compliance with the minimum requirements 

of the standard. Compliance is an undue 

burden where it entails either a significant 

difficulty or expense or both. 

(f) Exceptions. The following construction 

related activities are excepted from the 

requirements of paragraphs (a) through (d) of 

this section: 

(1) Normal maintenance, re-roofing, 

painting or wallpapering, or changes to 

mechanical or electrical systems are not 

alterations and the above standards do not 

apply unless they affect the accessibility of 

the building or facility; and 

(2) emergency construction (which may 

entail the provision of plastic sheeting or 

tents, minor repair and upgrading of existing 

structures, rebuilding of part of existing 

structures, or provision of temporary 

structures) intended to be temporary in 

nature. A portion of emergency construction 

assistance may be provided to people with 

disabilities as part of the process of 

identifying disaster- and crisis-affected 

people as ‘‘most vulnerable.’’ 

752.242–70 [Amended] 

■ 107. In 752.242–70, remove the 

reference ‘‘742.1170–3(c)’’ in the 

introductory text, and add, in its place, 

the reference ‘‘(48 CFR) AIDAR 

742.1170–4(c)’’. 

■ 108. Amend 752.245–70 by: 

■ a. Removing the reference ‘‘FAR 

45.106’’ in the introductory text, and 

adding, in its place, the reference ‘‘(48 

CFR) FAR 45.107’’; 

■ b. Adding a clause heading 

immediately following the Preface 

sentence; 

■ c. Removing the words ‘‘government 

property’’ and add, in their place, the 

words ‘‘Government property’’; 

■ d. Removing the words ‘‘governmentfurnished’’ and ‘‘Government 

furnished’’ and adding, in their place, 

the words ‘‘Government-furnished’’; and 

■ e. Revising the annual report. 

The addition and revision read as 

follows: 

752.245–70 Government Property—USAID 

Reporting Requirements. 

* * * * * 

Preface: * * * 

Government Property—USAID Reporting 

Requirements (July 1997) 

* * * * * 

ANNUAL REPORT OF GOVERNMENT PROPERTY IN CONTRACTOR’S CUSTODY

[Name of contractor as of (end of contract year), 20XX] 

Motor vehicles 

Furniture and furnishings— Other 

nonexpendable 

property Office Living quarters 

A. Value of property as of last report.

B. Transactions during this reporting period.

1. Acquisitions (add):.

a. Purchased by contractor 1.

b. Transferred from USAID 2.

c. Transferred from others, without reimbursement 3.

2. Disposals (deduct):.

a. Returned to USAID.

b. Transferred to USAID—contractor purchased.

c. Transferred to other Government agencies 3.

d. Other disposals 3.

C. Value of property as of reporting date.

D. Estimated average age of contractor held property.

Years Years Years Years 

1Property which is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, 

with an expected service life of two years or more; and which has a unit cost of more than $500. 2Government furnished property listed in this Contract as nonexpendable. 

3Explain if transactions were not processed through or otherwise authorized by USAID. 

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* * * * * 

■ 109. Amend 752.245–71 by revising 

the introductory text to read as follows: 

752.245–71 Title to and Care of Property. 

As prescribed in paragraph (a) of (48 

CFR) AIDAR 745.107, the following 

clause must be inserted in all contracts 

when the contractor will acquire 

property under the contract for use 

overseas and the contract funds were 

obligated under a Development 

Objective Agreement (DOAG) (or similar 

bilateral obligating agreement) with the 

cooperating country. 

* * * * * 

■ 110. Amend 752.247–70 by: 

■ a. In paragraph (b), removing the last 

sentence; 

■ b. Revising paragraphs (c)(1) and 

(c)(2)(viii); and 

■ c. Removing Alternate 1, consisting of 

paragraphs (d) and (e). 

752.247–70 Preference for Privately 

Owned U.S.-Flag Commercial Vessels. 

* * * * * 

(c)(1) The contractor must submit one 

legible copy of a rated on-board ocean 

bill of lading for each shipment to both 

the Division of National Cargo, Office of 

Cargo Preference, Maritime 

Administration, U.S. Department of 

Transportation, Washington, DC 20590, 

and the U.S. Agency for International 

Development (USAID), Bureau for 

Management, Office of Acquisition and 

Assistance, 1300 Pennsylvania Ave. 

NW., SA–44, Room 859, Washington, 

DC 20523 as follows: 

(i) for PL 480 (Food aid shipments) 

scanned copies must be sent to: 

freightedbills@usaid.gov. 

(ii) For all Non P.L. 480 (Non Food 

Aid Shipments) scanned copies must be 

sent to: Oceantransportation@

USAID.gov. 

(2) * * * * * 

(viii) Gross weight in kilograms/

pounds and volume in liters/cubic feet, 

if available. 

* * * * * 

■ 111. Add 752.252–1 to read as 

follows: 

752.252–1 AIDAR Solicitation Provisions 

Incorporated by Reference 

In accordance with 752.107(a), insert 

the following clause. 

AIDAR Solicitation Provisions Incorporated 

By Reference (MAR 2015) 

This solicitation incorporates one or more 

provisions by reference, with the same force 

and effect as if they were given in full text. 

Upon request, the contracting officer will 

make their full text available. Also, the full 

text of all AIDAR solicitation provisions is 

contained in the Code of Federal Regulations 

(CFR) located at 48 CFR chapter 7. 

■ 112. Add 752.252–2 to read as 

follows: 

752.252–2 AIDAR Clauses Incorporated by 

Reference 

In accordance with 752.107(b), insert 

the following clause. 

AIDAR Clauses Incorporated By Reference 

(MAR 2015) 

This contract incorporates one or more 

clauses by reference, with the same force and 

effect as if they were given in full text. Upon 

request, the contracting officer will make 

their full text available. Also, the full text of 

all AIDAR solicitation provisions and 

contract clause is contained in the Code of 

Federal Regulations (CFR) located at 48 CFR 

chapter 7. 

■ 113. Add 752.252–70 to read as 

follows: 

752.252–70 Provisions and clauses to be 

completed by the offeror. 

In accordance with 752.107(c), insert 

the following clause. 

Provisions and Clauses To Be Completed by 

the Offeror (MAR 2015) 

The following FAR and AIDAR provisions 

or clauses incorporated by reference in this 

solicitation or contract must be completed by 

the offeror or prospective contactor and 

submitted with the quotation or offer: 

NUMBER TITLE DATE 

AIDAR (48 CFR chapter 7) 

[The contracting officer must list all FAR and 

AIDAR provisions or clauses incorporated by 

reference that must be completed by the 

offeror or prospective contactor and 

submitted with the quotation or offer.] 

Subpart 752.70—Texts of USAID 

Contract Clauses 

752.7001 [Amended] 

■ 114. In the clause prescription of 

752.7001, remove the word ‘‘included’’ 

and add, in its place, the word 

‘‘inserted’’. 

■ 115. Amend 752.7002 by revising the 

fifth and sixth sentences of paragraph 

(b), the third sentence of paragraph (k), 

and paragraph (p)(1)(i) to read as 

follows: 

752.7002 Travel and transportation. 

* * * * * 

(b) International travel. * * * When 

travel is by economy class 

accommodations, the Contractor will be 

reimbursed for the cost of transporting 

up to 10 kilograms/22 pounds of 

accompanied personal baggage per 

traveler in addition to that regularly 

allowed with the economy ticket 

provided that the total number of 

kilograms/pounds of baggage does not 

exceed that regularly allowed for first 

class travelers. Travel allowances for 

travelers must not be in excess of the 

rates authorized in the Department of 

State Standardized Regulations— 

hereinafter referred to as the 

Standardized Regulations—as from time 

to time amended, for not more than the 

travel time required by scheduled 

commercial air carrier using the most 

expeditious route. * * * 

* * * * * 

(k) Home leave travel. * * * When 

travel is by economy class 

accommodations, the Contractor will be 

reimbursed for the cost of transporting 

up to 10 kilograms/22 pounds of 

accompanied personal baggage per 

traveler in addition to that regularly 

allowed with the economy ticket 

provided that the total number of 

kilograms/pounds of baggage does not 

exceed that regularly allowed for first 

class travelers. * * * 

* * * * * 

(p)* * * 

(1)* * * 

(i) Transportation of goods. Where 

U.S. flag vessels are not available, or 

their use would result in a significant 

delay, the Contractor must contact the 

U.S. Agency for International 

Development (USAID), Bureau for 

Management, Office of Acquisition and 

Assistance, Transportation Division (M/ 

OAA/T) for required guidance and may 

obtain a release from this requirement 

from M/OAA/T. The contact email 

address for these matters is 

Oceantransportation@USAID.gov. 

* * * * * 

752.7003 [Amended] 

■ 116. In 752.7003, remove the word 

‘‘responsiblity’’ and add, in its place, 

the word ’’responsibility’’; 

752.7004 [Amended] 

■ 117. In the clause prescription of 

752.7004, remove the word ’’included’’ 

and add, in its place, the word 

‘‘inserted’’. 

■ 118. Revise 752.7005 to read as 

follows: 

752.7005 Submission Requirements for 

Development Experience Documents. 

The following clause must be inserted 

in all USAID professional/technical 

contracts in which development 

experience documents are likely to be 

produced. 

Submission Requirements for Development 

Experience Documents (Sept 2013) 

(a) Contract Reports and Information/

Intellectual Products. 

(1) Within thirty (30) calendar days of 

obtaining the contracting officer 

representative’s approval, the contractor 

must submit to USAID’s Development 

Experience Clearinghouse (DEC) one copy 

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75002 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

each of reports and information products 

which describe, communicate or organize 

program/project development assistance 

activities, methods, technologies, 

management, research, results and 

experience. These reports include: 

Assessments, evaluations, studies, technical 

and periodic reports, annual and final 

reports, and development experience 

documents (defined as documents that: 

(i) Describe the planning, design, 

implementation, evaluation, and results of 

development assistance; and 

(ii) Are generated during the life cycle of 

development assistance programs or 

activities.) The contractor must also submit 

copies of information products including 

training materials, publications, videos and 

other intellectual deliverable materials 

required under the Contract Schedule. The 

following information is not to be submitted: 

(A) Time-sensitive materials such as 

newsletters, brochures or bulletins. 

(B) The contractor’s information that is 

incidental to award administration, such as 

financial, administrative, cost or pricing, or 

management information. 

(2) Within thirty (30) calendar days after 

completion of the contract, the contractor 

must submit to the DEC any reports that have 

not been previously submitted and an index 

of all reports and information/intellectual 

products referenced in paragraph (a)(1) of 

this clause. 

(b) Submission requirements. The 

contractor must review the DEC Web site for 

the most up-to-date submission instructions, 

including the DEC address for paper 

submissions, the document formatting and 

the types of documents to be submitted. The 

submission instructions can be found at: 

https://dec.usaid.gov. 

(1) Standards. (i) Material must not include 

financially sensitive information or 

personally identifiable information (PII) such 

as social security numbers, home addresses 

and dates of birth. Such information must be 

removed prior to submission. 

(ii) All submissions must conform to 

current USAID branding requirements. 

(iii) Contract reports and information/

intellectual products can be submitted in 

either electronic (preferred) or paper form. 

Electronic documentation must comply with 

Section 508 of the Rehabilitation Act of 1973. 

(iv) The electronic submissions must 

consist of only one electronic file, which 

comprises the complete and final equivalent 

of the paper copy. In the case of databases 

and computer software the submissions must 

also include necessary descriptive 

information, e.g., special backup or data 

compression routines, software used for 

storing/retrieving submitted data, or program 

installation instructions. 

(v) Electronic documents must be in one of 

the National Archives and Records 

Administration (NARA)-approved formats as 

described in NARA guidelines related to the 

transfer of permanent E-records. (See http:// 

www.archives.gov/records-mgmt/initiatives/

transfer-to-nara.html). 

(2) Essential bibliographic information. 

Descriptive information is required for all 

contractor products submitted. The title page 

of all reports and information products must 

include the contract number(s), contractor 

name(s), name of the USAID contracting 

officer’s representative, the publication or 

issuance date of the document, document 

title, (if non-English, provide an English 

translation of the title), author name(s), and 

development objective or activity title (if 

non-English, provide a translation) and 

associated number, and language of the 

document (if non-English). In addition, all 

hard copy materials submitted in accordance 

with this clause must have, attached as a 

separate cover sheet, the name, organization, 

address, telephone number, fax number, and 

internet address of the submitting party. 

752.7006 [Amended] 

■ 119. Amend 752.7006 by removing 

the words ‘‘cognizant Contracting 

Officer’’ and adding, in their place, the 

words ‘‘cognizant contracting officer’’. 

■ 120. Amend 752.7014 by: 

■ a. In paragraph (a), removing the 

words ‘‘the Standardized Regulations 

(Government Civilians, Foreign Areas), 

the Uniform State/USAID/USIA Foreign 

Service Travel Regulations’’ and adding, 

in their place, the words ‘‘the 

Department of State Standardized 

Regulations, Foreign Service Travel 

Regulations’’; and 

■ b. Revising paragraphs (b) and (c). 

The revisions read as follows: 

752.7014 Notice of Changes in Travel 

Regulations. 

* * * * * 

(b) (1) Department of State 

Standardized Regulations are available 

at: http://aoprals.state.gov/

content.asp?content_id=231&menu_

id=92. 

(2)Foreign Service Travel Regulations 

are available at: 14 FAM 500: http://

www.state.gov/m/a/dir/regs/fam/14fam/

500/index.htm. 

(3) Federal Travel Regulations are 

available at: http://www.gsa.gov/portal/

content/104790?utm_

source=OGP&utm_medium=printradio&utm_term=ftr&utm_

campaign=shortcut. 

(c) Information regarding these 

regulations as referenced in the ‘‘Travel 

and Transportation’’ clause of this 

contract may be obtained from the 

contracting officer. 

■ 121. Amend 752.7015 by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

752.7015 Use of Pouch Facilities. 

* * * * * 

(a) * * * 

(1) Contractors and their employees 

are authorized use of the pouch for 

transmission and receipt of up to a 

maximum of 0.9 kilogram/2 pounds per 

shipment of correspondence and 

documents needed in the administration 

of foreign assistance programs. 

(2) U.S. citizen employees of U.S. 

contractors are authorized use of the 

pouch for personal mail up to a 

maximum of 0.5 kilogram/one pound 

per shipment (but see paragraph (a)(3) of 

this section). 

* * * * * 

752.7018 [Amended] 

■ 122. Amend 752.7018 by: 

■ a. In paragraph (a), removing the 

words ‘‘Automated Directive System 

(ADS) 253.5.6b‘‘ and adding, in their 

place, the words ’’Automated Directive 

System (ADS) 253’’; and 

■ b. In paragraph (b), removing the 

words ‘‘Global Center for Human 

Capacity Development (G/HCD)’’ and 

adding, in their place, the words 

‘‘Director, Bureau for Economic Growth, 

Education and Environment, Office of 

Education (E3/ED)’’. 

752.7019 [Amended] 

■ 123. Amend 752.7019 by: 

■ a. In paragraph (b), removing the 

words ‘‘The current version of Chapter 

253 may be obtained directly from the 

USAID Web site at http://

www.info.usaid.gov/pubs/ads/200’’ and 

adding, in their place, the words ’’The 

entire ADS is accessible to the general 

public at the following USAID Internet 

address: http://www.usaid.gov/policy/

ads/’’; and 

■ b. In paragraph (c), removing the 

words ‘‘ADS 253.5.5’’ and adding, in 

their place, the words ’’ADS 253’’. 

752.7028 [Amended] 

■ 124. Amend 752.7028(e) by removing 

the word ‘‘allownce’’ and adding, in its 

place, the word ‘‘allowance’’; 

■ 125. Revise 752.7032 to read as 

follows: 

752.7032 International Travel Approval 

and Notification Requirements (APR 2014). 

For use in any USAID contract 

requiring international travel. 

International Travel Approval and 

Notification Requirements (APR 2014) 

Prior written approval by the contracting 

officer, or the contracting officer’s 

representative (COR) if delegated in the 

Contracting Officer’s Representative 

Designation Letter, is required for all 

international travel directly and identifiably 

funded by USAID under this contract. The 

Contractor must therefore present to the 

contracting officer or the contracting officer’s 

representative, an itinerary for each planned 

international trip, showing the name of the 

traveler, purpose of the trip, origin/

destination (and intervening stops), and dates 

of travel, as far in advanced of the proposed 

travel as possible, but in no event less than 

three weeks before travel is planned to 

commence. The contracting officer’s or 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 75003 

contracting officer’s representative’s (if 

delegated by the contracting officer) prior 

written approval may be in the form of a 

letter or telegram or similar device or may be 

specifically incorporated into the schedule of 

the contract. At least one week prior to 

commencement of approved international 

travel, the Contractor must notify the 

cognizant Mission, with a copy to the 

contracting officer or contracting officer’s 

representative, of planned travel, identifying 

the travelers and the dates and times of 

arrival. 

752.7033 [Amended] 

■ 126. In 752.7033(b)(1) remove the 

second sentence. 

753.107 [Amended] 

■ 127. In 753.107, remove the words 

‘‘congnizant Contracting Officer’’ and 

add, in their place, the words 

‘‘cognizant contracting officer’’. 

Dated: October 7, 2014. 

Aman S. Djahanbani, 

Chief Acquisition Officer. 

[FR Doc. 2014–26051 Filed 12–15–14; 8:45 am] 

BILLING CODE 6116–01–P 

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