USAID Acquisition Regulation (AIDAR)

1 USAID Acquisition Regulation (AIDAR) A Mandatory Reference to ADS 300 Series Acquisition Chapters Partial Revision Date: 10/16/2018 Responsible Office: M/OAA/P File Name: AIDAR_10161810/16/2018 Partial Revision 2 Text highlighted in yellow indicates that the material is new or substantively revised. AIDAR USAID Acquisition Regulation (AIDAR) Foreword This Mandatory Reference document is not the official legal edition of the AIDAR. It is an edited version of the AIDAR that was effective October 25, 2016 as published in the federal Register under 81 FR 73352. The Office of the federal Register maintains the official version of the document, AIDAR (Title 48 of the Code of federal regulations Chapter 7). This Mandatory Reference document is a courtesy copy of the AIDAR that contains links to interim updates made to the AIDAR through deviations and internal Agency policy directives, such as Acquisition and Assistance Policy Directives (AAPDs).

2 This version was prepared to enable users to have easy access to updates through the embedded links within the specific text when researching the Regulation . 10/16/2018 Partial Revision 3 Text highlighted in yellow indicates that the material is new or substantively revised. AIDAR Title 48 of the Code of federal regulations (CFR) Chapter 7 USAID Acquisition Regulation (AIDAR) Table of Contents SUBCHAPTER A GENERAL .. 6 PART 701 federal Acquisition Regulation SYSTEM .. 6 Subpart Purpose, Authority, Issuance .. 6 Subpart Agency for International Development Acquisition Regulation .. 6 Subpart Deviations from the FAR or AIDAR .. 8 Subpart Career Development, Contracting Authority, and Responsibilities ..10 Subpart Determinations and Findings ..12 PART 702 DEFINITIONS OF WORDS AND TERMS ..12 Subpart Definitions ..12 Subpart Definitions Clause ..14 PART 703 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST.

3 14 Subpart Safeguards ..14 PART 704 ADMINISTRATIVE MATTERS ..15 Subpart Safeguarding Classified Information Within Industry ..15 Subpart Contract Files [Reserved] ..15 Subpart Partner Vetting ..15 SUBCHAPTER B Acquisition PLANNING ..18 PART 705 PUBLICIZING CONTRACT ACTIONS ..18 Subpart Dissemination of Information and section Availability of solicitations have been added and are available in AAPD 18-04..18 Subpart Synopsis of Proposed Contract Actions ..18 Subpart Paid Advertisement ..18 PART 706 COMPETITION REQUIREMENTS ..18 Subparts [Reserved] ..18 Subpart Other Than Full and Open Competition ..18 Subpart Competition Advocates ..20 PART 707 Acquisition PLANNING ..20 Subpart Acquisition Plans ..20 PART 709 CONTRACTOR QUALIFICATIONS ..20 Subpart Debarment, Suspension and Ineligibility ..20 Subpart Organizational Conflicts of Interest ..21 PART 711 DESCRIBING AGENCY NEEDS.

4 21 SUBCHAPTER C CONTRACTING METHODS AND CONTRACT TYPES ..22 PART 713 SIMPLIFIED Acquisition PROCEDURES ..22 Subpart Procedures..22 PART 714 SEALED BIDDING ..23 Subpart Opening of Bids and Award of Contract ..23 PART 715 CONTRACTING BY NEGOTIATION ..23 Subpart Source Selection ..23 Subpart Partner Vetting ..28 10/16/2018 Partial Revision 4 Text highlighted in yellow indicates that the material is new or substantively revised. AIDAR Subpart Unsolicited Proposals ..28 PART 716 TYPES OF CONTRACTS ..29 Subpart Cost Reimbursement Contracts ..29 Subpart Indefinite-Delivery Contracts ..29 PART 717 SPECIAL CONTRACTING METHODS ..30 Subpart Pharmaceutical Products ..30 SUBCHAPTER D SOCIOECONOMIC PROGRAMS ..30 PART 719 SMALL BUSINESS PROGRAMS ..30 Subpart Policies ..30 Subpart The Agency for International Development ( USAID ) Mentor-Prot g Program ..37 Subpart 719-7 The Small Business Subcontracting Program.

5 43 PART 722 APPLICATION OF LABOR LAWS TO GOVERNMENT Acquisition ..44 Subpart Basic Labor Policies ..44 Subpart Equal Employment Opportunity ..45 PART 724 PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION ..47 Subpart Freedom of Information Act ..47 PART 725 FOREIGN Acquisition ..47 Subpart Buy American Act Supplies ..47 Subpart Trade Agreements ..48 Subpart Source and Nationality ..48 PART 726 OTHER SOCIOECONOMIC PROGRAMS ..49 Subpart [Reserved] ..49 Subpart Relocation of Businesses, Assistance to Export Processing Zones, Internationally Recognized Workers' Rights ..49 RELOCATION OF BUSINESSES, ASSISTANCE TO EXPORT PROCESSING ZONES, INTERNATIONALLY RECOGNIZED WORKERS' RIGHTS (JAN 1994) ..49 SUBCHAPTER E GENERAL CONTRACTING REQUIREMENTS ..50 PART 727 PATENTS, DATA, AND Subpart Patent Rights under Government Contracts ..50 Subpart Rights in Data and Copyrights ..50 PART 728 BONDS AND INSURANCE.

6 50 Subpart Bonds ..50 Subpart Insurance ..51 PART 729 TAXES ..53 Subpart Contract Clauses ..53 PART 731 CONTRACT COST PRINCIPLES AND PROCEDURES ..53 Subpart Applicability ..53 Subpart Contracts With Commercial Organizations ..53 Subpart Contracts With Educational Institutions ..56 Subpart Contracts With Nonprofit Organizations ..57 PART 732 CONTRACT FINANCING ..58 Subpart Advance Payments for Non-Commercial Items ..58 PART 733 PROTESTS, DISPUTES, AND APPEALS ..60 Subpart Protests ..60 Subpart USAID Procedures for Disputes and Appeals ..62 SUBCHAPTER F SPECIAL CATEGORIES OF CONTRACTING ..62 PART 734 MAJOR SYSTEM Acquisition ..62 PART 736 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS ..62 10/16/2018 Partial Revision 5 Text highlighted in yellow indicates that the material is new or substantively revised. AIDAR Subpart Contract Clauses ..62 Subpart Architect-Engineer Services.

7 62 PART 737 [RESERVED] ..64 SUBCHAPTER G CONTRACT MANAGEMENT ..65 PART 742 CONTRACT ADMINISTRATION ..65 Subpart Indirect Cost Rates ..65 Subpart Production, Surveillance, and Reporting ..65 Subpart Contractor Performance Information ..67 PART 744 SUBCONTRACTING POLICIES AND PROCEDURES ..67 Subpart Consent to Subcontracts ..67 PART 745 GOVERNMENT PROPERTY ..67 Subpart PART 747 TRANSPORTATION ..68 Subpart Ocean Transportation by Vessels ..68 PART 749 TERMINATION OF CONTRACTS ..68 Subpart General Principles ..68 PART 750 EXTRAORDINARY CONTRACTUAL ACTIONS ..70 Subpart [Reserved] ..70 Subpart Extraordinary Contractual Actions To Protect Foreign Policy Interests of the United States ..70 SUBCHAPTER H CLAUSES AND FORMS ..76 PART 752 SOLICITATION PROVISIONS AND CONTRACT CLAUSES ..76 Subpart Instructions for Using Provisions and Clauses ..76 Subpart Texts of Provisions and Clauses.

8 77 Subpart Texts of USAID Contract Clauses .. 108 Subpart USAID Clause Matrices [Reserved] .. 142 PART 753 FORMS .. 142 Subpart 142 Subpart Prescription of Forms .. 142 Subpart Illustration of Forms .. 142 APPENDIX A, B, and - C-- [RESERVED] .. 143 APPENDIX D--DIRECT USAID CONTRACTS WITH A CITIZEN OR A RESIDENT ALIEN FOR PERSONAL SERVICES ABROAD .. 143 APPENDIX E--[RESERVED] .. 187 APPENDIX F--USE OF COLLABORATIVE ASSISTANCE METHOD FOR TITLE XII ACTIVITIES .. 187 APPENDIX I-- USAID s ACADEMIC PUBLICATION POLICY .. 195 APPENDIX J--Direct USAID Contracts With a Cooperating Country National and With a Third Country National for Personal Services Abroad .. 197 10/16/2018 Partial Revision 6 SUBCHAPTER A GENERAL PART 701 federal Acquisition Regulation SYSTEM Subpart Purpose, Authority, Issuance OMB approval under the Paperwork Reduction Act. (a) The following information collection and record keeping requirements established by USAID have been approved by OMB and assigned an OMB control number as specified below: (48 CFR) AIDAR segment OMB control No.

9 0412-0520 0412-0520 (c)(2) 0412-0520 (c) 0412-0520 0412-0520 (j) 0412-0520 0412-0520 0412-0520 0412-0520 (b) The information requested by the AIDAR sections listed in paragraph (a) is necessary to allow USAID to prudently administer public funds. It lets USAID make reasonable assessments of contractor capabilities and responsibility of costs. Information is required in order for a contractor and/or its employee to obtain a benefit-usually taking the form of payment under a Government contract. (c) Public reporting burden for these collections of information is estimated as shown in paragraph (a) of this section. The estimated burden includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Subpart Agency for International Development Acquisition Regulation Policy.

10 (a) Responsibility. Subject to the direction of the Administrator, the Director, Bureau for Management, Office of Acquisition and Assistance ( M/OAA Director) is responsible for: 10/16/2018 Partial Revision 7 (1) Developing and maintaining necessary uniform procurement policies, procedures, and standards; (2) Providing assistance to the contracting activities as appropriate; (3) Keeping the Administrator and Executive Staff fully informed on procurement matters which should be brought to their attention; and (4) All agency head duties and authorities stated in (48 CFR) FAR subpart , in accordance with (48 CFR) AIDAR These responsibilities include but are not limited to developing, issuing, and maintaining the USAID Acquisition Regulation ( AIDAR , 48 CFR chapter 7), USAID 's supplement to the federal Acquisition Regulation (48 CFR chapter 1), in coordination with the Office of the General Counsel and such other offices as may be appropriate.