[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15726]
[[Page Unknown]]
[Federal Register: June 29, 1994]
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
48 CFR Parts 701, 702, 703, 706, 710, 715, 724, 725, 728, 737, 749,
750, 752, 753, and Appendix H
[AIDAR Notice 94-4]
Miscellaneous Amendments to Acquisition Regulations
AGENCY: United States Agency for International Development, IDCA.
ACTION: Final rule.
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SUMMARY: The U.S. Agency for International Development Acquisition
Regulation (AIDAR) is being amended to make various administrative
changes and to add a Medical Evacuation (Medevac) clause.
EFFECTIVE DATE: July 29, 1994.
FOR FURTHER INFORMATION CONTACT:
M/OP/P, Ms. Frances Maki, Room 1600I, SA-14, U.S. Agency for
International Development, Washington, DC 20523-1435. Telephone: (703)
875-1534.
SUPPLEMENTARY INFORMATION: USAID has recently undergone a
reorganization; the AIDAR is being amended to reflect new office
designations and titles and to name the new USAID Procurement
Executive. This notice also adds additional coverage on ocean bills of
lading, changes the point of contact for guidance and receipt of
unsolicited proposals, and revises local procurement rules to implement
current Agency policy. Finally, additional information concerning
paperwork collection requirements is provided and the OMB approval
expiration date is updated.
The changes being made by this Notice are editorial and
administrative and are not considered significant rules under FAR
Section 1.301 or Subpart 1.5, nor major rules as defined in Executive
Order 12291. This Notice will not have an impact on a substantial
number of small entities, nor does it establish any information
collection as contemplated by the Regulatory Flexibility Act and
Paperwork Reduction Act. Because of the nature of this Notice, use of
the proposed rule/public comment approach was not considered necessary.
USAID has decided to issue this Notice as a final rule; however, we
welcome public comment on the material covered by this Notice or any
part of the AIDAR at any time. Comments or questions may be addressed
as specified in the FOR FURTHER INFORMATION CONTACT section of the
preamble.
List of Subjects in 48 CFR Parts 701, 702, 703, 706, 710, 715, 724,
725, 728, 737, 749, 750, 752, 753, and Appendix H to Chapter 7
Government procurement.
Accordingly for the reasons set out in the Preamble, 48 CFR Chapter
7 is amended as follows:
1. The authority citations in Parts 701, 702, 703, 706, 710, 715,
724, 725, 728, 737, 749, 750, 752, 753 and Appendix H to Chapter 7
continue to read as follows:
Authority: Sec. 621, Public Law 87-195, Stat. 445 (22 U.S.C.
2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR
1979 Comp., p. 435.
PART 701--FEDERAL ACQUISITION REGULATION SYSTEM
Subpart 701.1--Purpose, Authority, Issuance
2. Section 701.105, OMB approval under the Paperwork Reduction Act,
is revised to read as follows:
701.105 OMB approval under the Paperwork Reduction Act.
(a) The following information collection and record keeping
requirements established by AID have been approved by OMB, and assigned
an OMB control number and approval/expiration dates as specified below:
------------------------------------------------------------------------
Burden
OMB control Expiration hours
AIDAR segment No. date per
report
------------------------------------------------------------------------
733.7003(c)......................... 0412-0520 9/30/96 40
752.209-70.......................... 0412-0520 9/30/96 4
752.219-8........................... 0412-0520 9/30/96 1
752.245-70.......................... 0412-0520 9/30/96 .5
752.245-71.......................... 0412-0520 9/30/96 1
752.7001(a)......................... 0412-0520 9/30/96 .5
752.7001(b)......................... 0412-0520 9/30/96 .5
752.7002(j)......................... 0412-0520 9/30/96 1
752.7003............................ 0412-0520 9/30/96 8
752.7004(b)(4)...................... 0412-0520 9/30/96 .5
752.7032............................ 0412-0520 9/30/96 2
752.7033............................ 0412-0536 5/31/95 4
------------------------------------------------------------------------
(b) The information requested by the AIDAR sections listed in
paragraph (a) is necessary to allow AID to prudently administer pubic
funds. It lets AID make reasonable assessments of contractor
capabilities and responsibility of costs. Information is required in
order for a contractor and/or its employee to obtain a benefit-usually
taking the form of payment under a government contract.
(c) Public reporting burden for these collections of information is
estimated as shown in paragraph (a) of this section. The estimated
burden includes the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding
the burden estimates or any other aspects of these collections of
information, including suggestions for reducing the burden, to: US
Agency for International Development, Office of Procurement, Policy
Division (M/OP/P), Washington, DC 20523-1435; and Office of Management
and Budget, OMB, Paper Reduction Project (0412-0520), Washington, DC
20503.
701.376-4 [Amended]
3. Section 701.376-4 is amended by removing ``Procurement Policy
and Evaluation Staff (FA/PPE)'' and replacing it with ``Office of
Procurement, Policy Division (M/OP/P)''.
Subpart 701.4--Deviations to the FAR or AIDAR
701.470 [Amended]
4. Section 701.470 is amended by removing ``Procurement Policy and
Evaluation Staff (FA/PPE)'' and replacing it with ``Office of
Procurement, Policy Division (M/OP/P)'' in paragraph (a)(2), and
removing ``PPE'' wherever it appears and replacing it with ``M/OP/P/.''
Subpart 701.6--Contracting Authority and Responsibility
5. Section 701.601, paragraph (b)(4) is amended by removing ``FA/
PPE'' and replacing it with ``M/OP/P.''
PART 702--DEFINITIONS OF WORDS AND TERMS
Subpart 702.170--Definitions
6. Section 702.170-13, paragraphs (a) and (b) are revised to read
as follows:
702.170-13 Procurement Executive.
(a) Procurement Executive means the AID official who:
(1) Is responsible to the Administrator, through the Assistant
Administrator for Management, for management direction of AID's
procurement system, including implementation of AID's unique
procurement policies, regulations, and standards, and
(2) Oversees development of the system, evaluates system
performance in accordance with approved criteria, and certifies to the
Administrator, through the Assistant Administrator for Management, that
the AID procurement system meets approved criteria.
(b) The Procurement Executive for AID is Mr. Michael D. Sherwin,
the Principal Deputy Assistant Administrator for Management. Mr.
Sherwin reports and makes recommendations to the Administrator, the
Deputy Administrator, or other AID officials, as appropriate, with
regard to the implementation and improvement of the procurement system
and procurement staffing to meet the objectives and requirements of the
Foreign Assistance Act, Executive Order 12352, the Office of Federal
Procurement Policy Act, and other statutory and Executive Branch
procurement policies and requirements applicable to AID operations.
These reports and recommendations, including results of case reviews
requested by the Principal Deputy Assistant Administrator, will deal
with the use of effective competition in procurement; establishment of
clear lines of authority, accountability, and responsibility for
procurement decision making within AID; and development and maintenance
of a procurement career management program to assure an adequate
professional work force.
* * * * *
PART 703--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
Supart 703.4--Contingent Fees
703.403 [Amended]
7. Section 703.403 is amended by removing ``FAR 3.404(b)(6)'' and
replacing it with ``FAR 3.404(B)(4)''.
PART 706--COMPETITION REQUIREMENTS
Subpart 706.5--Competition Advocates
8. Section 706.501 is revised to read as follows:
706.501 Requirement.
The AID Administrator delegated the authority to designate the
agency competition advocate and a competition advocate for each agency
procuring activity (see 706.003 of this part) to the AID Procurement
Executive. The AID Procurement Executive, under the Administrator's
delegation, has designated the M/OP Deputy Director for Policy,
Evaluation and Support as the Agency's competition advocate and the
deputy head (or equivalent) of each contracting activity as the
competition advocate for each activity. The competition advocate for M/
OP is the Deputy Director for Operations. If there is no deputy or
equivalent, 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 contracting activity,
see 702.170-3 and 702.170-10, respectively.
PART 710--SPECIFICATIONS, STANDARDS, AND OTHER DESCRIPTIONS
710.070 [Amended]
9. Section 710.070, paragraph (b) is amended by removing ``(FA/
AS)'' wherever it appears and replacing it with ``M/AS)''.
PART 715--CONTRACTING BY NEGOTIATION
Subpart 715.5--Unsolicited Proposals
10. Section 715.504(a), is revised to read as follows:
715.504 Advance guidance.
(a) Information concerning USAID's policies for unsolicited
proposals is available from the U.S. Agency for International
Development, Office of Procurement, Evaluation Division, Room 1600H,
SA-14, Washington, DC 20523-1435.
* * * * *
PART 724--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 724.1--Protection of Individual Privacy
724.170 [Amended]
PART 725--FOREIGN ACQUISITION
Subpart 725.70--Source, Origin, and Nationality
11 and 12. Section 725.705 is revised to read as follows:
725.705 Local procurement--contract clause.
(a) Local procurement may be undertaken in accordance with the
terms of Chapter 18 of AID Handbook 1, Supplement B.
(b) All contracts involving performance overseas must contain the
clause specified in 752.7017.
PART 728--BONDS AND INSURANCE
Subpart 728.1--Bonds
728.105-1 [Amended]
13. Paragraph (b) of section 728.105-1 is amended by removing
``Procurement Policy and Evaluation Staff (FA/PPE)'' and replacing it
with ``Office of Procurement, Policy Division (M/OP/P)''.
728.307-70 [Added]
14. A new section 728.307-70 is added to read as follows:
728.307-70 Medical Evacuation (MEDEVAC) Services (MAR 1993)
The Contracting Officer shall insert the clause at 752.228-70 in
all contracts which require performance by contractor employees
overseas.
PART 737--SERVICE CONTRACTING
Subpart 737--Advisory and Assistance Services
737.270 [Amended]
15. Section 737.270 is amended by removing ``Associate
Administrator for Finance and Administration'' and replacing it with
``Assistant Administrator for Management''.
PART 749--TERMINATION OF CONTRACTS
Subpart 749.1--General Principles
749.111-71 [Amended]
16. Paragraph (b) of section 749.111-71 is amended by removing ``$1
million'' and replacing it with ``$5 million''.
PART 750--EXTRAORDINARY CONTRACTUAL RELIEF
Subpart 750.71--Extraordinary Contractual Actions to Protect
Foreign Policy Interests of the United States
750.7109-1, 750.7110-1, 750.7110-2, 750.7110-3 [Amended]
17a. Sections 750.7109-1, 750.7110-1, and 750.7110-3 are amended by
removing ``Director, Procurement Policy and Evaluation Staff (FA/PPE)''
wherever it appears and replacing it with ``Chief of the Office of
Procurement, Evaluation Division (M/OP/E)''.
17b. Section 750.7110-2 is amended by deleting ``Procurement Policy
and Evaluation Staff (FA/PPE)'' and replacing it with ``Office of
Procurement, Evaluation Division (M/OP/E)''.
PART 752--SOLICITATION PROVISION AND CONTRACT CLAUSES
Subpart 752.2--Texts of Provisions and Clauses
752.225-9 [Amended]
18. Section 752.225-9 is amended by removing ``FAR 25.407(a)(2)''
and replacing it with ``FAR 25.408(a)(2)''.
752.228-70 [Added]
19. Section 752.228-70 is added to read as follows:
752.228-70 Medical Evacuation (MEDEVAC) Services.
As prescribed in 728.307-70, for use in all contracts requiring
performance overseas:
Medical Evacuation (MEDEVAC) Services (Mar 1993)
(a) Contractors agree to provide medevac service coverage to all
U.S. citizen, U.S. resident alien, and Third Country National
employees and their authorized dependents while overseas under an
AID financed direct contract. Coverage shall be obtained pursuant to
the terms of the contract between AID and AID's medevac service
provider unless exempted in accordance with paragraph (b) of this
clause.
(b) The following are exempted from the requirements in
paragraph (a) of this clause:
(i) Eligible employees and their dependents with a health
program that includes sufficient medevac coverage as approved by the
Contracting Officer.
(ii) Eligible employees and their dependents located at Missions
where the Mission Director makes a written determination to waive
the requirement for such coverage based on findings that the quality
of local medical services or other circumstances obviate the need
for such coverage.
(c) Contractors further agree to insert in all subcontracts
hereunder to which the medevac coverage is applicable, a clause
similar to this clause, including this sentence, imposing on all
subcontractors a like requirement to provide medical evacuation
services coverage and obtain medevac coverage in accordance with the
contract between AID and AID's medevac service provider.
752.232-70 [Amended]
20. The introductory sentence in section 752.232-70 is amended by
removing ``732.406.70-4'' and replacing it with ``732.406-73''.
Subpart 752.70--Texts Of AID Contract Clauses
21. Section 752.7004, paragraph (b)(5) is revised to read as
follows:
752.7004 Source and nationality requirements.
* * * * *
(b) * * *
(5) Vouchers submitted for reimbursement which include ocean
shipment costs shall contain a certification essentially as follows:
``I hereby certify that a copy of each ocean bill of lading
concerned has been submitted to the Maritime Administration,
Division of National Cargo, 400 Seventh St., S.W. Washington, D.C.
20590 and to US Agency for International Development, Office of
Procurement, Transportation Division, Room 1446, SA-14, Washington,
D.C. 20523-1435 and that such bills of lading state all of the
carrier's charges including the basis for calculation which as
weight or cubic measurement.''
* * * * *
22. Section 752.7017 is revised to read as follows:
752.7017 Local procurement.
For use in any AID contract involving performance overseas.
Local Procurement (APR 1994)
(a) Local procurement involves the use of appropriated funds to
finance the procurement of goods and services supplied by local
businesses, dealers or producers, with payment normally being in the
currency of the cooperating country.
(b) All locally-financed procurements must be covered by source/
origin and nationality waivers as set forth in Chapter 5 of AID
Handbook 1, Supplement B, with the following exceptions:
(1) Commodities and services financed under the Development Fund
for Africa, unless otherwise specified in the contract.
(2) Locally available commodities of U.S. origin, which are
otherwise eligible for financing, if the transaction value is
estimated not to exceed the local currency equivalent of $100,000
(exclusive of transportation costs).
(3) Commodities of geographic code 935 origin if the transaction
value does not exceed $5,000.
(4) Professional services contracts estimated not to exceed
$250,000.
(5) Construction services contracts estimated not to exceed $5
million.
(6) Commodities, services and related expenses which as a
practical matter can only be acquired, performed, or incurred in the
cooperating country such as: utilities; communications; housing and
office rental; hotel accommodations; petroleum, oils and lubricants
for vehicles and equipment; vehicle maintenance; and newspapers,
periodicals, or books published in the cooperating country.
752.7026 [Amended]
23. Section 752.7026, paragraph (b)(3) is amended by removing
``Directorate for Policy'' and replacing it with ``Bureau for Policy
and Program Coordination'' and by removing ``POL/CDIE/DI'' and
replacing it with ``PPC/CDIE/DI''.
PART 753--FORMS
Subpart 753.1--General
753.1 [Amended]
24. Subpart 753.1 is amended by removing ``(FA/AS/PP/PP)'' and
replacing it with ``(M/AS/PP/PP)''.
Appendices to Chapter 7
Appendix H--Responses to Audit Recommendations
25. Paragraph (b)(3) Collection of section 5. Procedures is amended
by removing ``FM/PAFD'' and replacing it with ``FM/CMP''.
26. Paragraph (a) General of section 7. Clearances is amended by
removing ``DAA/FA'' and replacing it with ``DAA/M''.
Dated: May 17, 1994.
Michael D. Sherwin,
Procurement Executive.
[FR Doc. 94-15726 Filed 6-28-94; 8:45 am]
BILLING CODE 6116-01-M