CHEGAR - J&A

This acquisition is conducted under the authority of 40 U.S.C. 113, as implemented by AIDAR 706.302-70(b)(3)(ii), and substantiated by the Expedited Procedures Package (EPP).

AIDAR 706.302-70(b)(3) and FAR 6.303-2 allows USAID (now the Department of State) to limit competition when compliance with full and open competition procedures would impair foreign assistance objectives. More specifically, AIDAR 706.302-70(b)(3)(ii) states that full and open competition is not required for: “Awards for countries, regions, projects, or programs for which the Administration of USAID makes a formal written determination with supporting findings (D&F), see Attachment 1 to this J&A, that compliance with full and open competition procedures would impair foreign assistance programs.”

The authority for the D&F under the HIV/AIDS EPP is based on 40 U.S.C. 113(e)(2) and 48 CFR 706.302-70. Tab 1 of the EPP procedures, specifically the D&F, is provided as Attachment 1 to this J&A. The EPP specifically authorizes the use of AIDAR 706.302-70(b)(3)(ii) for contract actions, stating: "You have the authority to extend the EPP under the following: for contracts, Section 706.302-70(b)(3)(ii) of USAID’s Acquisition Regulation (AIDAR), Impairment of Foreign Aid Programs; for assistance awards, ADS Chapter 303.3.6.5, Restrictions to Eligibility; and for the source-and-nationality waiver, Section 228.31 of Title 22 of the Code of Federal Regulations (CFR)."