[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30494-30499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15012]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Parts 704, 713, 714, 715, 744, and 752
RIN 0412-AA63
Partner Vetting in USAID Acquisitions
AGENCY: United States Agency for International Development.
ACTION: Proposed rule.
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SUMMARY: The U.S. Agency for International Development (USAID) is
considering implementation of a Partner Vetting System for USAID
assistance and acquisition awards. The purpose of the Partner Vetting
System is to help ensure that USAID funds and other resources do not
inadvertently benefit individuals or entities that are terrorists,
supporters of terrorists or affiliated with terrorists, while also
minimizing the impact on USAID programs and its implementing partners.
In order to apply the Partner Vetting System to USAID acquisitions,
USAID is proposing to amend 48 CFR Chapter 7. The agency will not apply
the Partner Vetting System to USAID acquisitions until after review of
the public comments submitted under this proposed rule and promulgation
of a final rule by USAID.
DATES: Submit comments on or before August 25, 2009.
ADDRESSES: You may submit comments, identified by RIN number 0412-AA63,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include RIN number
0412-AA63 in the subject line of the message.
Fax: 202-216-3135.
Mail: U.S. Agency for International Development, Office of
Acquisition & Assistance, Policy Division, 1300 Pennsylvania Avenue,
NW., Room 7.9-8, Washington, DC 20523-0001.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be included in the public docket
without change and will be made available online at http://www.regulations.gov, including any personal information provided. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jennifer Norling, Telephone: 202-712-
1807, E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Public Participation: USAID welcomes all comments on this proposed
rule, but would most particularly appreciate comments addressing the
proposed process for separating source selection from vetting.
Additionally, we would appreciate comments on the proposed timing for
vetting.
Because security screening precautions have slowed the delivery and
dependability of surface mail and hand delivery to USAID/Washington,
USAID recommends sending all comments to the Federal eRulemaking
Portal. The e-mail address and fax number listed above are provided in
the event that submission to the Federal eRulemaking Portal is not
convenient (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.
A. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, USAID
established a new system of records (see 72 FR 39042), entitled the
``Partner Vetting System'' (PVS) to support the vetting of key
individuals of non-governmental organizations (NGOs) who apply for
USAID contracts, grants, cooperative agreements, or other funding and
of NGOs who apply for registrations with USAID as Private and Voluntary
Organizations. In January 2009, USAID published a final rule (74 FR 9)
to add PVS to its Privacy Act regulation, 22 CFR 215, and to exempt
portions of this system of records from one or more provisions of the
Privacy Act. The supplementary information to this final rule provided
a comprehensive discussion of the legal basis for partner vetting.
The effective date for the PVS Privacy Act final rule has been
extended three times, most recently on May 4, 2009 (see 74 FR 20871)
and at this time, USAID
[[Page 30495]]
has not yet made a final decision whether to implement PVS. If and when
USAID decides to implement PVS, it will be implemented incrementally,
with an initial pilot program in several USAID locations worldwide.
USAID intends to apply PVS to both assistance and acquisitions. In
order to apply PVS to USAID acquisitions, USAID must amend 48 CFR
Chapter 7, which is USAID's procurement regulation. As required by 41
U.S.C. Chapter 7, Section 418b, agencies must publish a notice in the
Federal Register when a proposed procurement regulation has a
significant effect beyond the internal operating procedures of the
agency and provide for a public comment period for receiving and
considering the views of all interested parties.
USAID seeks comments through this proposed rule to help ensure
successful implementation of PVS to USAID acquisitions that minimizes
the impact on our programs and contractors while still protecting
against the possibility that USAID funds could benefit terrorist
groups. USAID will only finalize this rule if USAID approves PVS and
after reviewing public comments received in response to this proposed
rule.
Need for partner vetting. Consistent with applicable law and agency
policy, USAID already has taken a number of steps to help ensure that
agency funds and other resources do not inadvertently benefit
individuals or entities that are terrorists, supporters of terrorists
or affiliated with terrorists. USAID recognizes, however, that more can
be done to ensure adequate due diligence in certain situations.
Accordingly, to complement its requirements for terrorist financing
clauses, terrorist financing certifications, and review of public lists
of designated groups and individuals, USAID established PVS.
Among other things, PVS will facilitate the management and
collection of information from individuals, officers, employees, or
other officials of organizations that seek to receive USAID funding.
The information will be used to conduct national security screening of
such individuals and organizations to ensure that USAID funds do not
inadvertently or otherwise provide support to entities or individuals
associated with terrorism. To properly conduct this screening, it is
necessary to collect information on ``key individuals''--the principal
officers and other key employees and personnel of USAID contractors.
To minimize the risk that USAID funds will be diverted to
terrorists or for terrorist activities, USAID must take into account
the range of activities it carries out and the range of circumstances
under which those activities are implemented. Safeguards and scrutiny
should be correlated with risk. Accordingly, USAID will perform a risk
based assessment to determine the likelihood that the funds, goods,
services, or other benefits to be provided could intentionally or
inadvertently benefit terrorists or their supporters, including people
or organizations who are not specifically designated by the U.S.
Government but who may nevertheless be linked to terrorist activities.
Key factors that USAID will consider in this assessment will include,
but are not limited to, the nature of what is being provided (e.g.,
cash, goods, services), the type of entity that will be implementing
the activity (e.g., U.S. Non-Governmental Organization (NGO), U.S.
contractor, foreign NGO, foreign contractor, international
organization), the geographic location of the activity, the safeguards
available and how easily funds could be diverted or misused. Other
considerations, while not necessarily factors in the risk assessment,
include the urgency of the activity and the foreign policy importance
of the activity.
Vetting and source selection. If PVS is approved and if this rule
is finalized, USAID intends to apply PVS to acquisitions in a manner
that protects the integrity of the source selection process and also
ensures that USAID's Office of Security (SEC) is able to obtain
information necessary to vet key individuals and protect that
information from unnecessary disclosure. To accomplish this, no
individual involved in the source selection process, including the
contracting officer, will have access to the information offerors
submit for partner vetting, other than to confirm the key individuals
the offerors have submitted.
When an acquisition is subject to vetting, a provision in the
solicitation will notify offerors of the vetting requirements and
procedures. The contracting officer will instruct offerors when to
submit the completed USAID Partner Information Form, USAID Form 500-13
(``the Form''), to the vetting official identified in the solicitation.
Each Mission or office will have flexibility in determining the
appropriate individual to be the vetting official, but the vetting
official will be a U.S. citizen employee of USAID who is not involved
in the source selection process. In addition to receiving the completed
Forms, the vetting official will be responsible for responding to
questions from offerors about information to be included on the Form,
coordinating with SEC, and conveying the vetting determination to each
vetted offeror and the contracting officer.
The Form identifies the information required for the key
individuals of the offeror and required subcontractors. Key individuals
include principal officers of the organization's governing body (e.g.,
chairman, vice chairman, treasurer and secretary of the board of
directors or board of trustees), the principal officer and deputy
principal officer of the organization (e.g., executive director, deputy
director, president, vice president), the program manager or chief of
party for the USG-financed program, and any other person with
significant responsibilities for administration of the USG-financed
activities or resources, including key personnel. The terms ``key
individual'' and ``key personnel'' are not synonymous; all key
personnel will be key individuals, but not vice versa.
Key personnel are those personnel directly responsible for
management of the contract or whose professional/technical skills are
certified by the requiring office as being essential for successful
implementation of the activity. They are designated in the contract and
require USAID approval as described in Automated Directives System
Chapter 302--USAID Direct Contracting. All key personnel, whether or
not they are employees of the offeror, are considered key individuals
and must be vetted.
The contracting officer determines the appropriate stage of the
acquisition cycle for offerors to submit the Form to the vetting
official as specified in the solicitation. For negotiated procurements
using FAR Part 15, this stage will typically be when the contracting
officer establishes the competitive range (48 CFR 15.306(c)). For other
acquisitions including those under FAR Part 13--Simplified Acquisition
Procedures, FAR Part 14--Sealed Bidding, and task orders issued under
Indefinite Quantity Contracts (IQCs) under FAR Part 16, this stage will
most likely be just prior to award. Regardless of the point at which
vetting begins, source selection proceeds separately from vetting. An
offeror must pass vetting in order to be eligible for a USAID award,
but this is not a source selection factor, nor a standard for
determining the offeror's responsibility.
When vetting at the competitive range stage, after all vetting
determinations are received from SEC, the vetting official notifies
offerors that they either have passed or have not passed vetting. For
offerors who have not passed, the vetting official will include in the
notification as detailed a written
[[Page 30496]]
explanation of the basis of the vetting determination as SEC determines
releasable. In determining what information may be released, SEC will
take into consideration the classification or sensitivity of the
information, the need to protect sources and methods, and status of
ongoing law enforcement and intelligence community investigations or
operations.
Concurrently, the vetting official also notifies the contracting
officer that all vetting determinations have been provided to the
offerors. The vetting official indicates to the contracting officer
whether or not all offerors have passed vetting but will not provide
the contracting officer with specific vetting information. The
contracting officer may then request final revised proposals when
discussions are completed. If not all offerors have passed vetting,
then the contracting officer may provide as much time as is practicable
for offerors to submit their revised final proposals. The additional
time is intended to allow offerors to make changes to their proposals
to accommodate any changes in key individuals and to request
reconsideration of the vetting determination if appropriate. Offerors
who change any key individuals for any reason, including but not
limited to failure to pass vetting or for reasons related to their
technical proposals, must submit their revised Form to the vetting
official as soon as possible to allow for vetting of individuals not
previously vetted.
The contracting officer makes the source selection decision
independently from the vetting process. The contracting officer then
confirms with the vetting official that the apparently successful
offeror has passed vetting and proceeds with award. Only offerors who
have passed the vetting process are eligible for award. When the
contracting officer is ready to make award but the vetting official is
unable to confirm that the apparently successful offeror has passed
vetting, the contracting officer will wait as long as is practicable
for the vetting official's confirmation. However, at such time as the
Government's need for the contract precludes delaying the award any
longer, the contracting officer will proceed with award to the next
offeror(s) who represents the best value in accordance with the
evaluation criteria of the solicitation and passes vetting.
Subcontracts. Partner vetting would also apply to subcontractors.
In most circumstances, only those subcontracts for which consent is
required in accordance with FAR clause 52.244-2 will be vetted. The
contracting officer will not consent to a subcontract until the
subcontractor's key individuals have passed vetting. When the agency
considers it appropriate, additional subcontracts for certain classes
of items (supplies and services) that are considered higher risk will
also be vetted, even if consent is not required. The contracting
officer will identify these classes of items in the solicitation and
the contractor will be responsible for ensuring that these subcontracts
at any tier are vetted before placing the subcontracts.
In the pre-award stage, offerors may instruct their prospective
subcontractors who are subject to vetting to begin the process at any
time after the contracting officer notifies them to submit their Form.
After contract award, the contractor is responsible for directing
prospective subcontractors to submit the Form as soon as possible after
selecting them, in order to have the vetting determination from the
vetting official in time to place the subcontract. Subcontractors will
submit their Form directly to the vetting official, who will notify the
subcontractor of the vetting determination and provide any releasable
information from SEC. The vetting official will inform the contractor,
or a subcontractor entering into a lower tier subcontract subject to
vetting, of the vetting determination only. The prospective
subcontractor may choose to share the information provided by the
vetting official to the contractor.
Post-award vetting. As stated in the proposed clause at section (48
CFR) 752.204-71(c), contractors must resubmit the Form annually or when
they replace key individuals with individuals who have not been
previously vetted for that contract.
In order to implement partner vetting, USAID proposes to add a new
subpart 704.70 to (48 CFR) AIDAR, with an associated solicitation
provision and contract clause in (48 CFR) AIDAR part 752. Additionally,
USAID proposes to amend (48 CFR) AIDAR parts 713, 714, and 715, and add
new part 744 to include reference to the requirements at (48 CFR) AIDAR
subpart 704.70.
B. Regulatory Planning and Review
Under Executive Order (E.O.) 12866, USAID must determine whether a
regulatory action is ``significant'' and therefore subject to the
requirements of the E.O. and subject to review by the Office of
Management and Budget (OMB). USAID has determined that this Proposed
Rule is not an ``economically significant regulatory action'' under
Section 3(f)(1) of E.O.12866. The application of the Partner Vetting
System to USAID acquisitions will not have an economic impact of $100
million or more. The regulation will not adversely affect the economy
or any sector thereof, productivity, competition, jobs, the
environment, nor public health or safety in a material way. However, as
this proposed rule is a ``significant regulatory action'' under Section
3(f)(4) of the E.O., USAID will submit it to OMB for review.
C. Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), USAID has considered the economic
impact of the rule and has determined that its provisions would not
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
The proposed changes to the (48 CFR) AIDAR use information
collected via USAID Partner Information Form, USAID Form 500-13, which
was approved in accordance with 44 U.S.C. 3501 by the Office of
Management and Budget on August 19, 2008 (OMB Control Number 0412-
0577).
List of Subjects in 48 CFR Parts 704, 713, 714, 715, 744, and 752
Government procurement.
For the reasons set forth in the preamble, the U.S. Agency for
International Development proposes to amend 48 CFR chapter 7 as
follows:
1. The authority citation for 48 CFR parts 704, 713, 714, 715, 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; 3 CFR
1979 Comp., p. 435.
PART 704--ADMINISTRATIVE MATTERS
2. Add Subpart 704.70 to read as follows:
Subpart 704.70--Partner Vetting
Sec.
704.7001 Scope of subpart.
704.7002 Definitions.
704.7003 Policy.
704.7004 Procedures.
704.7004-1 Preaward requirements.
704.7004-2 Post award requirements.
704.7004-3 Subcontracts.
704.7005 Solicitation provision and contract clause.
Subpart 704.70--Partner Vetting
Sec. 704.7001 Scope of subpart.
This subpart prescribes the policies and procedures to apply
partner vetting to USAID acquisitions.
[[Page 30497]]
704.7002 Definitions.
As used in this subpart--
Key individual means:
(1) Principal officers of the organization's governing body (e.g.,
chairman, vice chairman, treasurer and secretary of the board of
directors or board of trustees);
(2) The principal officer and deputy principal officer of the
organization (e.g., executive director, deputy director, president,
vice president);
(3) The program manager or chief of party for the USG-financed
program; and
(4) Any other person with significant responsibilities for
administration of the USG-financed activities or resources, such as key
personnel as described in Automated Directives System Chapter 302. Key
personnel, whether or not they are employees of the prime contractor,
must be vetted.
Vetting official means the USAID employee identified in the
solicitation or contract as having responsibility for receiving vetting
information, responding to questions about information to be included
on the Partner Information Form, coordinating with the USAID Office of
Security (SEC), and conveying the vetting determination to each
offeror, potential subcontractors subject to vetting, and the
contracting officer. The vetting official is not part of the
contracting office and has no involvement in the source selection
process.
704.7003 Policy.
In the interest of national security, USAID may determine that a
particular acquisition is subject to partner vetting. In that case,
USAID will require vetting of the key individuals of certain offerors,
including key personnel whether or not they are employees of the
offeror, and first tier subcontractors. When USAID conducts partner
vetting, it will not award a contract to any offeror who does not pass
vetting.
704.7004 Procedures.
704.7004-1 Preaward requirements.
(a) When USAID determines an acquisition to be subject to vetting,
the contracting officer determines the appropriate stage of the
acquisition cycle to require offerors to submit the completed USAID
Partner Information Form, USAID Form 500-13, to the vetting official
identified in the solicitation. The contracting officer must specify in
the solicitation the stage at which the offerors will be required to
submit the vetting Form.
(b) For negotiated procurements using FAR Part 15, this stage will
typically be when the contracting officer establishes the competitive
range (48 CFR 15.306(c)). However, the contracting officer may
determine that vetting is more appropriate immediately prior to award
and require only the apparently successful offeror to submit the
completed Form.
(c) For other acquisitions including those under FAR Parts 13 and
14, and task orders issued under Indefinite Quantity Contracts under
FAR Part 16, the contracting officer determines the appropriate time to
require potential awardee(s) to submit the completed Partner
Information Form to the vetting official.
(d) The source selection authority makes the source selection
determination separately from the vetting process and without knowledge
of vetting-related information other than that the apparently
successful offeror has passed or not passed vetting.
(e) The contracting officer may only award to an offeror who has
passed partner vetting.
704.7004-2 Post-award requirements.
For those acquisitions the agency has determined are subject to
vetting, the contractor must submit the completed Form annually and any
time it changes:
(a) Key individuals, including all key personnel, and
(b) Subcontractors for which vetting is required.
704.7004-3 Subcontracts.
(a) Vetting is required for all subcontracts for which consent is
required under FAR clause 52.244-2, Subcontracts.
(b) The contracting officer must not consent to a subcontract with
any subcontractor subject to partner vetting until that subcontractor
has passed vetting.
(c) Vetting may be required for subcontracts at any tier for
certain classes of items (supplies and services). The contracting
officer must identify these classes of items in the solicitation.
(d) The contractor may instruct prospective subcontractors who are
subject to partner vetting to submit the Form to the vetting official
as soon as the contractor submits the Partner Information Form for its
key individuals.
704.7005 Solicitation provision and contract clause.
(a) The contracting officer will insert the provision at 752.204-70
Partner Vetting Pre-Award Requirements, in all solicitations USAID
identifies as subject to Partner Vetting.
(b)(1) The contracting officer will insert the clause at 752.204-71
Partner Vetting, in all solicitations and contracts USAID identifies as
subject to partner vetting.
(2) The contracting officer will use the clause with its Alternate
I when USAID determines that subcontracts at any tier for certain
classes of supplies or services are subject to vetting.
PART 713--SIMPLIFIED ACQUISITION PROCEDURES
3. Add Section 713.106-370 to Subpart 713.1 to read as follows:
713.106-370 Partner Vetting.
If an acquisition is identified as subject to Partner Vetting, see
(48 CFR) AIDAR 704.70 for the applicable procedures and requirements.
PART 714--SEALED BIDDING
4. Add Section 714.408-170 to Subpart 714.4 to read as follows:
714.408-170 Partner Vetting.
If an acquisition is identified as subject to Partner Vetting, see
(48 CFR) AIDAR 704.70 for the applicable procedures and requirements.
PART 715--CONTRACTING BY NEGOTIATION
5. Add Subpart 715.70 to read as follows:
* * * * *
Subpart 715.70--Partner Vetting
715.70 Partner Vetting.
If an acquisition is identified as subject to Partner Vetting, see
(48 CFR) AIDAR 704.70 for the applicable procedures and requirements.
6. Add Part 744 to read as follows:
PART 744--SUBCONTRACTING POLICIES AND PROCEDURES
Subpart 744.2--Consent to Subcontracts
744.202-170 Partner Vetting.
If an acquisition is identified as subject to Partner Vetting, see
(48 CFR) AIDAR 704.70 for the applicable procedures and requirements.
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
7. Amend part 752 by adding sections 752.204-70 and 752.204-71, to
read as follows:
752.2 Texts of Provisions and Clauses.
* * * * *
[[Page 30498]]
752.204-70 Partner Vetting Pre-Award Requirements.
As prescribed in (48 CFR) AIDAR 704.7005(a), insert the following
provision in all solicitations subject to vetting:
Partner Vetting Pre-Award Requirements (XXXX 2009)
(a) USAID has determined that any contract resulting from this
solicitation is subject to partner vetting. Terms used in this
provision are defined in paragraph (b) of the AIDAR clause at
752.204-71 Partner Vetting, of this solicitation. An offeror that
has not passed vetting is ineligible for award.
(b) The following are the vetting procedures for this
solicitation:
(1) Prospective offerors review the attached USAID Partner
Information Form, USAID Form 500-13, and submit any questions about
the Form or these procedures to the contracting officer by the
deadline for questions in the solicitation.
(2) The contracting officer notifies the offeror when to submit
the Form. For this solicitation, USAID will vet at [insert in the
provision the applicable stage of the source selection process at
which the Contracting Officer will notify the offeror(s) who must be
vetted]. Within the timeframe set by the contracting officer in the
notification, the offeror must complete and submit the Form to the
vetting official named in paragraph (d) of the AIDAR clause at
752.204-71 Partner Vetting, of this solicitation. Note: Offerors who
submit using non-secure methods of transmission do so at their own
risk.
(3) The offerors must notify proposed subcontractors of this
requirement when the subcontractors are subject to vetting.
(c) Vetting is conducted independently from any discussions the
contracting officer may have with an offeror. The offeror and any
subcontractor subject to vetting must not provide vetting
information to other than the vetting official. The offeror and any
subcontractor subject to vetting will communicate only with the
vetting official regarding their vetting submission(s) and not with
any other USAID or USG personnel, including the contracting officer
or his/her representatives. Exchanges between the Government and an
offeror about vetting information submitted by the offeror or any
proposed subcontractor are clarifications in accordance with FAR
15.306(a). The contracting officer designates the vetting official
as the only individual authorized to clarify the offeror's and
proposed subcontractor's vetting information.
(d)(1) The vetting official notifies the offeror that it:
(i) Has passed vetting,
(ii) Has not passed vetting, or
(iii) Must provide additional information, and resubmit the
Partner Information Form with the additional information within the
number of days the vetting official specified in the notification.
(2) The vetting official will include in the notification any
information that USAID's Office of Security determines releasable.
In its determination, SEC will take into consideration the
classification or sensitivity of the information, the need to
protect sources and methods, or status of ongoing law enforcement
and intelligence community investigations or operations.
(e) Reconsideration. (1) Within 7 calendar days after the date
of the vetting official's notification, an offeror that has not
passed vetting may request in writing to the vetting official that
the Agency reconsider the vetting determination. The request should
include any written explanation, legal documentation and any other
relevant written material for reconsideration.
(2) Within 7 calendar days after the vetting official receives
the request for reconsideration, the Agency will determine whether
the offeror's additional information warrants a revised decision.
(3) The Agency's determination of whether reconsideration is
warranted is final.
(f) Revisions to vetting information. (1) Offerors who change
key individuals, whether the offeror has previously passed vetting
or not, must submit a revised Partner Information Form to the
vetting official. This includes changes to key personnel resulting
from revisions to the technical proposal.
(2) The vetting official will follow the vetting process in
paragraph (d) of this clause for any revision of the offeror's Form.
(g) Award. At the time of award, the contracting officer will
confirm with the vetting official that the apparently successful
offeror has passed vetting. The contracting officer may award only
to an apparently successful offeror that has passed vetting.
752.204-71 Partner Vetting.
As prescribed in (48 CFR) AIDAR 704.7005(b), insert the following
clause in all contracts subject to vetting:
Partner Vetting (XXXXX 2009)
(a) The contractor must comply with the vetting requirements for
key individuals under this contract.
(b) Definitions. As used in this provision--
Key individual means:
(1) Principal officers of the organization's governing body
(e.g., chairman, vice chairman, treasurer and secretary of the board
of directors or board of trustees);
(2) The principal officer and deputy principal officer of the
organization (e.g., executive director, deputy director, president,
vice president);
(3) The program manager or chief of party for the USG-financed
program; and
(4) Any other person with significant responsibilities for
administration of the USG-financed activities or resources, such as
key personnel as described in Automated Directives System Chapter
302. Key personnel, whether or not they are employees of the prime
contractor, must be vetted.
Vetting official means the USAID employee identified in
paragraph (e) of this clause as having responsibility for receiving
vetting information, responding to questions about information to be
included on the USAID Partner Information Form, USAID Form 500-13,
coordinating with the USAID Office of Security, and conveying the
vetting determination to each offeror, potential subcontractors
subject to vetting, and to the contracting officer. The vetting
official is not part of the contracting office and has no
involvement in the source selection process.
(c) The Contractor must submit a USAID Partner Information Form,
USAID Form 500-13, to the vetting official identified below during
the contract period--
(1) Annually by the anniversary date of contract award, and
(2) When the Contractor replaces key individuals with
individuals who have not been previously vetting for this contract.
Note: USAID will not approve any key personnel who have not passed
vetting.
(d) The designated vetting official is:
Vetting official:------------------------------------------------------
Address:---------------------------------------------------------------
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E-mail:----------------------------------------------------------------
(for inquiries only)
(e)(1) The vetting official will notify the Contractor that it--
(i) Has passed vetting,
(ii) Has not passed vetting, or
(iii) Must provide additional information, and resubmit the
Partner Information Form with the additional information within the
number of days the vetting official specifies.
(2) The vetting official will include in the notification any
information that USAID's Office of Security determines releasable.
In its determination, SEC will take into consideration the
classification or sensitivity of the information, the need to
protect sources and methods, or status of ongoing law enforcement
and intelligence community investigations or operations.
(f) Reconsideration. (1) Within 7 calendar days after the date
of the vetting official's notification, the contractor or
prospective subcontractor that has not passed vetting may request in
writing to the vetting official that the Agency reconsider the
vetting determination. The request should include any written
explanation, legal documentation and any other relevant written
material for reconsideration.
(2) Within 7 calendar days after the vetting official receives
the request for reconsideration, the Agency will determine whether
the Contractor's additional information warrants a revised decision.
(3) The Agency's determination of whether reconsideration is
warranted is final.
(g) A notification that the Contractor has passed vetting does
not constitute any other approval under this contract.
(h) When the Contractor anticipates awarding a subcontract for
which consent is required under FAR clause 52.244-2, Subcontracts,
the subcontract is subject to vetting. The prospective subcontractor
must submit a USAID Partner Information Form, USAID Form 500-13, to
the vetting official identified in paragraph (d) of this clause. The
contracting officer must not consent to award of a subcontract to
any organization that has not passed vetting when required.
(i) The Contractor agrees to incorporate the substance of
paragraphs (a) through (g) of this clause in all subcontracts under
this contract.
(End of clause)
Alternate I (XXX 2009). As prescribed in 704.7005(b)(2), substitute
paragraphs (h) and (i) below for paragraphs (h) and (i) of the basic
clause:
[[Page 30499]]
(h)(1) When the Contractor anticipates awarding a subcontract
for which consent is required under FAR clause 52.244-2,
Subcontracts, the subcontract is subject to vetting. The prospective
subcontractor must submit a USAID Partner Information Form, USAID
Form 500-13, to the vetting official identified in paragraph (d) of
this clause. The contracting officer must not consent to award of a
subcontract to any organization that has not passed vetting when
required.
(2) In addition, prospective subcontractors at any tier
providing the following classes of items (supplies and services):
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must pass vetting. Contractors must not place subcontracts for these
classes of items until they receive confirmation from the vetting
official that the prospective subcontractor has passed vetting.
(i) The Contractor agrees to incorporate the substance of this
clause in all subcontracts under this contract.
Maureen A. Shauket,
Director, Office of Acquisition and Assistance, U.S. Agency for
International Development.
[FR Doc. E9-15012 Filed 6-25-09; 8:45 am]
BILLING CODE 6116-01-P