[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: 48CFR750.7101]



[Page 52]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 750_EXTRAORDINARY CONTRACTUAL ACTIONS--Table of Contents

 

  Subpart 750.71_Extraordinary Contractual Actions To Protect Foreign 

                  Policy Interests of the United States

 

Sec. 750.7101  Authority.



    Under section 633 of the Foreign Assistance Act of 1961, 75 Stat. 

454 (22 U.S.C. 2933), as amended; Executive Order 11223, dated May 12, 

1965 (30 FR 6635), as amended; and Executive Order 12163, dated 

September 29, 1979 (44 FR 56673), as amended, the Administrator of the 

U.S. Agency for International Development has been granted authority to 

provide extraordinary contractual relief. The Authority is set forth in 

sections 3 and 4 of Executive Order 11223, as follows:



    Section 3. With respect to cost-type contracts heretofore or 

hereafter made with non-profit institutions under which no fee is 

charged or paid, amendments or modifications of such contracts may be 

made with or without consideration and may be utilized to accomplish the 

same things as any original contract could have accomplished, 

irrespective of the time or circumstances of the making, or of the form 

of the contract amended or modified, or of the amending or modifying 

contract and irrespective of rights which may have accrued under the 

contract or the amendments or modifications thereof.

    Section 4. With respect to contracts heretofore or hereafter made, 

other than those described in section 3 of this order, amendments and 

modifications of such contracts may be made with or without 

consideration and may be utilized to accomplish the same things as any 

original contract could have accomplished, irrespective of the time or 

circumstances of the making, or the form of the contract amended or 

modified, or of the amending or modifying contract, and irrespective of 

rights which may have accrued under the contract or the amendments or 

modifications thereof, if the Secretary of State or the Director of the 

United States International Development Cooperation Agency (with respect 

to functions vested in or delegated to Director) determines in each case 

that such action is necessary to protect the foreign policy interests of 

the United States.



[49 FR 49472, Dec. 20, 1984, as amended at 62 FR 40469, July 29, 1997; 

64 FR 42042, Aug. 3, 1999]