[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: 48CFR750.7110-3]



[Page 55]

 

            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. 750.7110-3  Submission of cases to the M/OP Director.



    Cases to be submitted for consideration by the M/OP Director shall 

be prepared and forwarded by the cognizant contracting officer through 

M/OP/E to the M/OP Director by means of an action memorandum. M/OP/E 

will review the action memorandum for accuracy and completeness. The 

action memorandum shall provide for approval or disapproval by the M/OP 

Director of the disposition recommended by the contracting officer. The 

action memorandum shall address:

    (a) The nature of the case;

    (b) The basis for authority to act under section 750.7101;

    (c) The findings of fact essential to the case (see 750.7109-3) 

arranged chronologically with cross references to supporting enclosures;

    (d) The conclusions drawn from applying the standards for deciding 

cases, as set forth in 750.7106, to the findings of fact;

    (e) Compliance with the limitations upon exercise of authority, as 

set forth in section 750.7107 (for informal commitments, include 

statements addressing each of the limitations in paragraph (d) of 

750.7107):

    (f) Concurrences or comments obtained from the Office of General 

Counsel;

    (g) Verification of funds availability and the contracting officer's 

determination of cost/price reasonableness when the disposition 

recommended requires payment to a contractor;

    (h) The disposition recommended and, if contractual action is 

recommended with respect to cases falling within Section 4 of the 

Executive Order, the opinion of the contracting officer that such action 

is necessary to protect the foreign policy interest of the United 

States; and

    (i) The action memorandum shall enclose all evidentiary materials, 

including the reports and comments of all cognizant Government or other 

officials, and a copy of the contractor's request. The action memorandum 

should provide the following information related to the contractor's 

request, as applicable:

    (1) Date of request;

    (2) Date request received by USAID:

    (3) Contract number;

    (4) Contractor's name and address;

    (5) Name, address, and phone number of contractor's representative;

    (6) Name, office symbol, and phone number of cognizant contracting 

officer;

    (7) Amount of request.



[62 FR 40469, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999]