[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: 48CFR750.7107]



[Page 53-54]

 

            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. 750.7107  Limitations upon exercise of authority.



    (a) The Executive Order is not authority for:

    (1) The use of the cost-plus-a-percentage-of-cost system of 

contracting;

    (2) The making of any contract in violation of existing law relating 

to limitation on profit or fees;

    (3) The waiver of any bid, payment performance or other bond 

required by law.

    (b) No amendments, or modifications shall be entered into under the 

authority of the Executive Order:

    (1) Unless, with respect to cases falling within Section 4 of the 

Executive



[[Page 54]]



Order, a finding is made that the action is necessary to protect the 

foreign policy interests of the United States;

    (2) Unless other legal authority in the Agency is deemed to be 

lacking or inadequate;

    (3) Except within the limits of the amounts appropriated and the 

statutory contract authorization.

    (c) No contract shall be amended or modified unless the request 

therefor has been filed before all obligations (including final payment) 

under the contract have been discharged.

    (d) No informal commitment shall be formalized unless:

    (1) A request for payment has been filed within six months after 

arranging to furnish or furnishing property or services in reliance upon 

the commitment;

    (2) USAID has received the services satisfactorily performed, or has 

accepted property furnished in reliance on the commitment;

    (3) The USAID employees alleged to have made the informal commitment 

have accepted responsibility for making the informal commitment in 

question; and

    (4) USAID has taken appropriate action to prevent recurrence.



[49 FR 13257, Apr. 3, 1984, as amended at 50 FR 16088, Apr. 24, 1985; 53 

FR 4982, Feb. 19, 1988]