[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Proposed Rules]
[Page 3778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1255]

[[Page 3778]]



48 CFR Chapter 7

[Regulation Identifier Number (RIN) 0412-AA59]

Key Subcontractor Consent Requirements

AGENCY: United States Agency for International Development.

ACTION: Advanced notice of proposed rulemaking.


SUMMARY: The United States Agency for International Development is 
proposing to amend 48 CFR Chapter 7, the USAID Acquisition Regulation 
(AIDAR), by adding additional authority to monitor prime contractor 
compliance with subcontracting plans. The intent of this amendment is 
to provide the contracting officer a means for monitoring and assuring 
that subcontractors who were named in the offeror's proposal and whose 
contributions were evaluated as part of the proposal evaluation are in 
fact used in the contract.

DATES: Submit comments on or before March 27, 2007.

ADDRESSES: Submit comments, identified by title of the Proposed Action, 
and RIN number by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: (202) 216-3395.
     Mail: USAID, Office of Acquisition and Assistance, Policy 
Division, Room 7.9-18, 1300 Pennsylvania Avenue, NW., Washington, DC 
    Instructions: All submissions must include the title of the 
proposed action, and Regulatory Information Number (RIN) for this 
rulemaking. Please include your name, title, organization, postal 
address, telephone number, and e-mail address in the text of the 

FOR FURTHER INFORMATION CONTACT: Diane Howard, 202-712-0206 Telephone: 
(202) 712-0206, E-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Agency envisions adding an authority to 
the AIDAR similar to that set out in the subcontracting consent 
requirements in the Federal Acquisition Regulation. Prime contractors 
will be required to obtain prior consent from the contracting officer 
in order to replace a named key subcontractor with another 
organization. Consent will also be required in the case where the prime 
contractor plans to carry out itself any contract requirements that 
were intended to be carried out by a named key subcontractor. The 
Agency is currently piloting this procedure in selected contracts.
    Our purpose in publishing this notice is to collect comments and 
opinions from the public prior to drafting regulatory guidance on this 
matter. In particular, we seek public comment on the challenges 
associated with enforcing such a modification. We are interested in 
assessments of the practicality of administering such a requirement and 
recommendations to assist the Agency in developing authority, 
guidelines, and standards to improve mission performance. USAID will 
issue a notice of proposed rulemaking following a review of comments 
received and review of pilot contracts.
    Public Participation: 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 or fax number listed above (all comments must be in 
writing to be reviewed). You may submit comments by electronic mail 
avoiding the use of any special characters and any form of encryption.
    All comments will be made available for public review without 
change, including any personal information provided, from 3 days after 
receipt to finalization of action at http://www.Regulations.gov.

Michael F. Walsh,
Procurement Executive.
[FR Doc. E7-1255 Filed 1-25-07; 8:45 am]