[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: 48CFR706.302-71]



[Page 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. 706.302-71  Small disadvantaged businesses.



    (a) Authority. (1) Citations: Sec. 579, Pub. L. 101-167 (Fiscal Year 

(FY) 1990), Sec. 567, Pub. L. 101-513 (FY 1991), Sec. 567, Pbu. L. 102-

145 (FY 1992), Sec. 562, Pub. L. 102-391 (FY 1993), Sec. 558, Pub. L. 

103-87 (FY 1994), and Sec. 555, Pub. L. 103-306 (FY 1995).

    (2) Except to the extent otherwise determined by the Administrator, 

not less than ten percent of the amounts made available through the 

appropriations cited in paragraph (a)(1) of this section for development 

assistance and for assistance for famine recovery and development in 

Africa shall be used only for activities of disadvantaged enterprises 

(as defined in 726.7002). In order to achieve its goal, USAID is 

authorized in the cited statutes to use other than full and open 

competition to award contracts to small business concerns owned and 

controlled by socially and economically disadvantaged individuals (small 

disadvantaged businesses as defined in 726.7002), historically black 

colleges and universities, colleges and universities having a student 

body of which more than 40 percent of the students are Hispanic 

Americans, and private voluntary organizations which are controlled by 

individuals who are socially and economically disadvantaged, as the 

terms are defined in 726.7002.

    (b) Application. This authority may be used only if the Agency 

determines in accordance with 726.7004 that:

    (1) The acquisition is to be funded from amounts referred to in 

paragraph (a) of this section;

    (2) Award of the acquisition to an eligible organization is 

appropriate to meet the requirement in paragraph (a)(2) of this section; 

and

    (3) After considering whether the acquisition can be made under the 

authority of section 8(a), award under section 8(a) is not practicable.

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

potential offerors as is practicable under the circumstances.

    (2) Use of this authority is not subject to the requirements in FAR 

6.303 and FAR 6.304, provided that the contract file includes a 

certification by the contracting officer stating that the procurement is 

being awarded pursuant to 706.302-71 and that the application 

requirements and limitations of 706.302-71 (b) and (c) have been 

complied with.



[56 FR 27208, June 13, 1991, as amended at 58 FR 8702, Feb. 17, 1993; 61 

FR 51235, Oct. 1, 1996; 62 FR 40467, July 29, 1997]