[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Pages 11911-11913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-20303]



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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

Agency for International Development

48 CFR Parts 701, 703, 715, 724, 731, 752, and Appendix G to 
Chapter 7

[AIDAR Notice 95-1]


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, to add coverage releasing proprietary and/or source selection 
information outside the Government for evaluation purposes, and to 
revise salary approval requirements.

[[Page 11912]] EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT: M/OP/P, Ms. Frances Maki or Ms. 
Kathleen O'Hara concerning the release of proposals outside the 
Government, Room 1600I, U.S. Agency for International Development, 
Washington, D.C. 20523-1435. Telephone: (703) 875-1534.

SUPPLEMENTARY INFORMATION: The AIDAR is being amended to change the 
salary approval requirement from the maximum for an FS-1 to the maximum 
for a Senior Executive, Level 6. The approval authority for salaries 
above the ES-6 is the Procurement Executive rather than AA or Mission 
Director. Coverage is added on the use of non-Government evaluators and 
evaluation assistance contractors including certification requirements 
from such non-Government evaluators or evaluation assistance 
contractors before they can release information outside the government.
    The changes being made by this document are editorial and 
administrative and are not considered significant rules under FAR 
Section 1.301 or Subpart 1.5, nor economically significant rules as 
defined in Executive Order 12866. This document will not have an impact 
on a substantial number of small entities, nor does it establish any 
collection of information as contemplated by the Regulatory Flexibility 
Act and Paperwork Reduction Act. Because of the nature of this 
document, use of the proposed rule/public comments approach was not 
considered necessary. USAID has decided to issue this document as a 
final rule; however, we welcome public comment on the material covered 
by this document 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, 703, 715, 724, 731, 752 and 
Appendix G

    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, 703, 715, 724, 731 and 752 
and continue to read as follows:

    Authority: Sec. 621, Pub. L. 87-195, Stat. 445 (22 U.S.C. 2381), 
as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR 1979 
Comp., 435.

PART 701--FEDERAL ACQUISITION REGULATION SYSTEM


701.601  [Amended]

    2. Section 701.601(b)(4) is amended by removing ``Director, Office 
of International Training'' and replacing it with ``Director, Office of 
Field Support and Technical Assistance (G/HCD/FSTA).''

PART 703--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    3. A new subpart 703.1 is added to read as follows:

Subpart 703.1--Safeguards


703.104-5  Disclosure, protection, and marking of proprietary and 
source selection information.

    A Contracting Officer may authorize release of proprietary and/or 
source selection information outside the Government for evaluation 
purposes pursuant to (FAR) 48 CFR 15.413-2, Alternative II, as 
implemented by (AIDAR) 48 CFR 715.413-2, Alternate II.

Subpart 703.4--Contingent Fees

703.403  [Amended]

    4. Section 703.403 is amended by removing ``FAR 3.404(B)(4)'' and 
replacing it with ``(FAR) 48 CFR 3.404(b)(4).''

PART 715--CONTRACTING BY NEGOTIATION

    5. A new subpart 715.4 is added to read as follows:

Subpart 715.4--Solicitation and Receipt of Proposals and Quotations

715.413-2  Alternate II.

    (a) A contracting officer may, subject to the requirements of this 
section and (FAR) 48 CFR 15.413-2, authorize release of proposals 
outside the Government for evaluation:

    (1) When an evaluation assistance contractor (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 
non-Government evaluator (NGE), is selected to serve as a member of an 
AID technical evaluation committee.

    (b) Prior to releasing proposals outside the Government for 
evaluation, the contracting officer shall obtain a signed and dated 
copy of a certification and agreement from each NGE and EAC. See 
paragraph (c).
    (c) A certification and agreement substantially as follows:

Certification and Agreement for the Use and Disclosure of Proposals

    With respect to proposals submitted in response to AID 
solicitation no. ________, the undersigned hereby agrees, and/or 
certifies, to the following:
    1. I will use the proposals, and all information therein other 
than information otherwise available without restriction, for 
evaluation purposes only. I will safeguard the proposals, and will 
not remove them from the site at which the evaluation is conducted 
unless authorized by the Contracting Officer. In addition, I will 
not disclose them, or any information contained in them (other than 
information otherwise available without restriction), except as 
directed or approved by the Contracting Officer.
    2. I will ensure that any authorized restrictive legends placed 
on the proposals by prospective contractors or subcontractors, or 
AID, will be applied to any reproduction, or abstract of 
information, made by me.
    3. Upon completing the evaluation, I will return all copies of 
the proposals, and any abstracts thereof, to the AID office which 
initially furnished them to me.
    4. Unless authorized by the contracting officer in advance in 
writing, I will not,--whether before, during, or after the 
evaluation--contact any prospective contractor or subcontractor, or 
their employees, representatives or agents, concerning any aspect of 
the proposal.
    5. I have carefully reviewed my employment (past, present and 
under consideration) and financial interests, as well as those of my 
household family members. Based on this review, I certify, to the 
best of my knowledge and belief as of the date indicated below, that 
I either (1) have no actual or potential conflict of interest, 
personal or organizational, that could diminish my capacity to 
perform an impartial and objective evaluation of the proposals, or 
that might otherwise result in an unfair competitive advantage to 
one or more prospective contractors or subcontractors, or (2) have 
fully disclosed all such conflicts to the contracting officer, and 
will comply fully, subject to termination of my evaluation services, 
with any instructions by the contracting officer to mitigate, avoid, 
or neutralize conflicts(s). I understand that I will also be under a 
continuing obligation to disclose, and act as instructed concerning, 
such conflicts discovered at any time prior to the completion of the 
evaluation.

Signature:-------------------------------------------------------------

Name Typed or Printed:-------------------------------------------------

Date:------------------------------------------------------------------

    (2) An Optional form 333, Procurement Integrity Certification 
for Procurement Officials, as required by FAR 15.413-2(f)(6). The 
words ``leave the Government'' in the fourth sentence of that form 
mean ``cease to function as a procurement official.'' 
[[Page 11913]] 

PART 724--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION


724.170  [Amended]

PART 731--CONTRACT COST PRINCIPLES AND PROCEDURES


731.205  [Amended]

    6 and 7. Subsection 731.205-6(d) is amended by removing ``Foreign 
Service Officer Class FS-1'' and ``FS-1'' and replacing it with 
``Executive Service level ES-6'' and ``ES-6'' respectively.
    8. Section 731.371(b) is amended by removing ``Foreign Service 
Officer Class FS-1'' and ``FS-1'' and replacing it with ``Executive 
Service level ES-6'' and ``ES-6'' respectively.

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


752.7004  [Amended]

    9. Section 752.7004, paragraph (b)(5) is amended by removing the 
second ``which'' and replacing it with ``such''.


752.7035  [Amended]

    10. Section 752.7035 is amended by removing ``Office of External 
Affairs'' wherever it appears and replacing it with ``Legislative and 
Public Affairs (LPA).''
    11. Appendix G to Chapter 7 is revised to read as follows:

Appendix G--Approval Procedures for Contractor Salaries

1. Purpose

    This Appendix provides guidelines for use when considering 
contractor salaries, and procedures for approval of contractor 
salaries exceeding the maximum salary level for Senior Executive 
Service level ES-6.

2. Procedures

    (a) General. Personnel compensation negotiated and payable under 
USAID contracts should be at the minimum levels necessary to attract 
needed technical services in a competitive market. Rates should be 
determined by the market place where the types of services are 
obtained. Using such criteria, very few salaries should approach or 
exceed the ES-6 level. Actual discussions with contractors 
concerning salaries should be held only by persons authorized to 
negotiate and execute contracts (see (AIDAR) Appendix A to this 
Chapter).
    (b) In accordance with 731.205-6, 731-371(b) and 731.772, 
approval of contractors salaries exceeding the maximum for Executive 
Service Level 6 are to be based upon a Memorandum from the technical 
office through the cognizant Assistant Administrator or Mission 
Director and the Contracting Officer to the Procurement Executive 
for approval. The reasonableness of proposed salaries exceeding the 
ES-6 level must be evaluated by the appropriate technical office in 
terms of the technical competence required, scope of supervisory 
responsibilities involved, and the relationship of the proposed 
salary level to the individual's customary salary level for similar 
work. The Contracting Officer shall clear the Memorandum if he/she 
concurs with the action. If he/she does not concur, a memorandum 
explaining the reasons shall be attached to the approval request and 
forwarded with it to the Procurement Executive. Increases in the ES-
6 salary levels are not, and shall not be by themselves, the basis 
for upward salary increases of institutional contractor employees. 
Proposals for revisions should be considered normally when contracts 
are renewed or amended, and must be fully reviewed and negotiated to 
ensure that increases are not automatically granted without 
corresponding increases in the quality or quantity of services 
rendered. It is the Contracting Officer's responsibility to 
scrutinize increases as a matter of good business practice whenever 
USAID negotiations deal with any salaries payable under contracts. 
Salaries below the ES-6 maximum level should also be fully 
justified, even though formal approval procedures may not be 
involved. The justification should be a part of the negotiation 
memorandum and placed in the contract file.

    Dated: December 12, 1994.
Michael D. Sherwin,
Procurement Executive.
[FR Doc. 95- 4111 Filed 3-2-95; 8:45 am]
BILLING CODE 6116-01-P