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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: June 9, 2000

FROM: Barry McVay, CPCM

SUBJECT: Agency for International Development Acquisition Regulation (AIDAR) Circular 00-1; Contractor Performance Evaluation

SOURCE: Federal Register, June 9, 2000, Vol. 65, No. 112, page 36642

AGENCIES: U.S. Agency for International Development (USAID)

ACTION: Final Rule

SYNOPSIS: The USAID is amending the AIDAR to implement its contractor performance evaluation system as a subscriber to the National Institutes of Health (NIH) Contractor Performance System.

EDITOR'S NOTE: The AIDAR is Chapter 7 of Title 48 of the Code of Federal Regulations, Federal Acquisition Regulations System. It is available on the Internet at http://www.info.usaid.gov/pubs/ads/aidar9-1.pdf.

EFFECTIVE DATE: July 10, 2000.

FOR FURTHER INFORMATION CONTACT: M/OP/P, Mr. Kenneth Monsess, U.S. Agency for International Development (USAID), 1300 Pennsylvania Ave., NW, Washington, DC 20523; 202-712-4913; e-mail: pastperformance@usaid.gov.

SUPPLEMENTAL INFORMATION: USAID is amending AIDAR Part 715, Contracting by Negotiation, and Part 742, Contract Administration, to implement USAID's decision to use the NIH Contractor Performance System for evaluating contractor past performance and reporting contractor performance. To implement this, USAID is making two changes to the AIDAR:

However, AIDAR Appendix D, Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad, and AIDAR Appendix J, Direct USAID Contracts With a Cooperating Country National and With a Third Country National for Personal Services Abroad, authorize USAID to enter into personal services contracts that "by [their] express terms or as administered, make the contractor personnel appear, in effect, Government employees" (USAID derives this authority from the Foreign Assistance Act of 1961). Some of the personal services contractors perform contracting office duties and participate on source evaluation panels (the only restrictions are "they may not be designated as Contracting Officers or delegated authority to sign obligating or subobligating documents"). Therefore, USAID has authorized a deviation for these types of contracts from paragraph (a) of Federal Acquisition Regulation (FAR) 42.1502, Policy (which requires the evaluation of contractor performance for each contract in excess of $100,000), and paragraph (b) of FAR 42.1503, Procedures (which restricts the release of contractor evaluations to "government personnel and the contractor whose performance is being evaluated"). To implement this FAR deviation, USAID is making two additional changes to the AIDAR:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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