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Partners,
USAID has recently issued several rules that will be updated in the AIDAR.
Provided below is a summary of the rules that are available on the
Federal Register
and the corresponding deadlines for comments and dates when they will take effect.
Please review and provide comments as necessary through the links provided below for each rule.
Regards,
Management Bureau's
Office of Acquisition and Assistance
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Final Rule - Effective August 25, 2016
Federal Register at 81 FR 48718
on July 26, 2016
announced the transfer of the
following contract clauses from ADS 302 into the regulation:
752.222-71, Nondiscrimination;
752.229-71, Reporting of Foreign Taxes;
752.231-72, Conference Planning and Required Approvals;
752.7036, USAID Implementing Partner Notices Portal for Acquisition.
All clauses have been editorially revised to better specify Agency requirements. In addition, this AIDAR update added a new clause 752.7037, Child Safeguarding Standards. The clause, applicable to all awards other than commercial items, requires contractors to comply with USAID Child Safeguarding Principles.
Effective August 25, 2016, the revised and new AIDAR clauses must be included in all applicable solicitations and resulting contracts/order.
Direct Final Rule - Effective October 18, 2016
Deadline for comments September 19. 2016
Federal Registers at 81 FR 47046
and 81 FR 47152
dated July 20, 2016 announced revisions to clause at 752.247-70, Preference for privately owned U.S.-flag commercial vessels, to conform to the current requirements of the Cargo Preference Act of 1954 and provide up-to-date submission instructions to the Maritime Administration (MARAD). These changes
will be effective on
October 18, 2016
unless adverse comments are received by September 19, 2016. In case such comments are received, M/OAA will announce withdrawal of these changes in the Federal Register. The updates would then be instituted after all comments are addressed and the final AIDAR revision is published in the Federal Register.
Proposed Rule - Open for comment - deadline October 18, 2016
Federal Register at 81 FR 55405
dated August 19, 2016
proposes to amend the AIDAR to incorporate a warrant program for cooperating country national personal service contractors (CCN PSCs) into the regulation. In addition, section 722.170 of the AIDAR will be revised to clarify that TCN and CCN employment requirements, contained in this section, do not apply to consultants. The general public, including USAID contractors, are invited to submit comments on this rule by
October 18. 2016
. The changes announced by this rule will not be effective until all comments are addressed and the final AIDAR update is published in the Federal Register.
Proposed Rule - Open for comment - deadline September 21. 2016
Federal Register at
81 FR 56572 dated August 22, 2016 proposes to amend the AIDAR to include a new clause entitled "
Nondiscrimination against End-Users of Supplies or Services." The clause will prohibit contractors and subcontractors from discrimination against beneficiaries of USAID programs on the basis of any factors not expressly stated in the contract. The general public, including USAID contractors, are invited to submit comments on this rule by September 21, 2016. The changes announced by this rule will not be effective until all comments are addressed and the final AIDAR update is published in the Federal Register.
Note that after the AIDAR clause becomes effective, M/OAA will issue a revision to ADS 303 incorporating similar requirements into all assistance awards.
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