[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: 48CFR719.270]



[Page 24-25]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 719_SMALL BUSINESS PROGRAMS--Table of Contents

 

                         Subpart 719.2_Policies

 

Sec. 719.270  Small business policies.





    (a) In keeping with section 602 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2352), as amended, USAID shall, insofar as practicable 

and to the maximum extent consistent with the accomplishment of the 

purposes of said Act, assist United States small business to participate 

equitably in the furnishing of supplies and services for Foreign 

Assistance activities.

    (b) It is the policy of USAID to:

    (1) Fully endorse and carry out the Government's small business 

program for placing a fair proportion of its purchases and contracts for 

supplies, construction (including maintenance and repair), research and 

development, and services (including personal, professional, and 

technical services) with small business, including minority small 

business concerns; and

    (2) Increase their participation in USAID procurement.

    (c) In furtherance of this policy:

    (1) Cognizant technical officers shall make positive efforts (see 

719.271-5) to identify potentially qualified small and minority business 

firms during precontract development of activities and shall, with the 

responsible contracting officers, assure that such firms are given full 

opportunity to participate equitably;

    (2) Small business set-asides shall be made for all contracts to be 

executed in USAID/Washington which qualify for small business set-aside 

action under Part 19 of the FAR; and

    (3) Consideration shall be given in appropriate cases to the award 

of the contract to the Small Business Administration for subcontracting 

to small business firms pursuant to section 8(a) of the Small Business 

Act (15 U.S.C. 637(a)).

    (d) This program shall be implemented by all USAID/Washington 

contracting activities in order to attain these policy objectives. In 

accordance with 719.271, all USAID/Washington direct-procurement 

requirements which exceed the simplified acquisition threshold shall be 

screened for small business opportunities by the Office of Small and 

Disadvantaged Business Utilization (SDB) except those exempted by 

719.271-6(a).

    (e) Where practicable and desirable, small business and minority 

business enterprise award goals will be established for the respective 

USAID/Washington procuring activities to provide incentive for 

contracting personnel to increase awards to small firms. The goals will 

be set by SDB after consultation with the respective head of the 

contracting activity (see subsection 702.170-10).

    (f) In the event of a disagreement between SDB and the contracting 

officer concerning: (1) A recommended set-aside, or (2) a request for 

modification or withdrawal of a class or individual set-aside, complete 

documentation of the case including the reasons for disagreement shall 

be transmitted within five working days to the head of the contracting 

activity (see 719.271-6(e)) for a decision. Procurement action shall be 

suspended pending a decision.



[[Page 25]]



    (g) The above suspension shall not apply where the contracting 

officer:

    (1) Certifies in writing, with supporting information, that in order 

to protect the public interest award must be made without delay;

    (2) Promptly provides a copy of said certification to SDB; and

    (3) Includes a copy of the certification in the contract file.

    (h) SDB shall be the Small Business Advisor and Minority Business 

Procurement Policy Manager for all USAID/Washington procuring 

activities.

    (i) The details on the Agency's direction and operation of the small 

business program are set forth in 719.271.

    (j) No decision rendered, or action taken, under the coverage set 

forth in 719.271 shall preclude the Small Business Administration from 

appealing directly to the USAID Administrator as provided for in part 19 

of the FAR.



[49 FR 13243, Apr. 3, 1984, as amended at 52 FR 21058, June 4, 1987; 56 

FR 67224, Dec. 30, 1991; 61 FR 39092, July 26, 1996; 62 FR 40468, July 

29, 1997]