[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR706.302-70]



[Page 14-15]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 706_COMPETITION REQUIREMENTS--Table of Contents

 

           Subpart 706.3_Other Than Full and Open Competition

 

Sec. 706.302-70  Impairment of foreign aid programs.



    (a) Authority. (1) Citation: 40 U.S.C. 474.

    (2) Full and open competition need not be obtained when it would 

impair or otherwise have an adverse effect on programs conducted for the 

purposes of foreign aid, relief, and rehabilitation.

    (b) Application. This authority may be used for:

    (1) An award under section 636(a)(3) of the Foreign Assistance Act 

of 1961, as amended, involving a personal services contractor serving 

abroad;

    (2) An award of $250,000 or less by an overseas contracting 

activity;

    (3)(i) An award for which the Assistant Administrator responsible 

for the project or program makes a formal written determination, with 

supporting findings, that compliance with full and open competition 

procedures would impair foreign assistance objectives, and would be 

inconsistent with the fulfillment of the foreign assistance program; or

    (ii) Awards for countries, regions, projects, or programs for which 

the Administrator of USAID makes a formal written determination, with 

supporting findings, that compliance with full and open competition 

procedures would impair foreign assistance objectives, and would be 

inconsistent with the fulfillment of the foreign assistance program.

    (4) Awards under AIDAR 715.370-1 (Title XII selection procedure--

general) or 715.370-2 (Title XII selection procedure--collaborative 

assistance).

    (5) An award for the continued provision of highly specialized 

services when award to another resource would result in substantial 

additional costs to the government or would result in unacceptable 

delays.

    (c) Limitations. (1) Offers shall be requested from as many 

potential offerors as is practicable under the circumstances. While the 

authority at 706.302-70(b)(5) is for use when the contracting officer 

determines that the incumbent contractor is the only practicable, 

potential offeror, the requirement to publicize the intended award, as 

required in FAR 5.201, still applies.

    (2) The contract file must include appropriate explanation and 

support justifying the award without full and open competition, as 

provided in FAR 6.303, except that determinations made under 706.302-

70(b)(3) will not be subject to the requirement for contracting officer 

certification or to approvals in accord with FAR 6.304.

    (3) The authority in 706.302-70(b)(3)(i) shall be used only when no 

other authority provided in FAR 6.302 or AIDAR 706.302 is suitable. The 

specific foreign assistance objective which would be impaired must be 

identified and explained in the written determination and finding. Prior 

consultation with the Agency Competition Advocate (see 706.501) is 

required before executing the written determination and finding, and 

this consultation must



[[Page 15]]



be reflected in the determination and finding.

    (4) Use of the authority in 706.302-70(b)(5) for proposed follow-on 

amendments in excess of one year or over $250,000 is subject to the 

approval of the Agency Competition Advocate. For all other follow-on 

amendments using this authority, the contracting officer's certification 

required in FAR 6.303-2(a)(12) will serve as approval.



[50 FR 40976, Oct. 8, 1985, and 50 FR 51395, Dec. 17, 1985, as amended 

at 54 FR 28069, July 5, 1989; 54 FR 46389, Nov. 3, 1989; 57 FR 5235, 

Feb. 13, 1992; 61 FR 39091, July 26, 1996; 62 FR 40467, July 29, 1997; 

64 FR 42042, Aug. 3, 1999]