§ 750.7107 - Limitations upon exercise of authority.

750.7107 Limitations upon exercise of authority.

Cross Reference

Link to an amendment published at 89 FR 4207, Jan. 23, 2024.

(a) The Executive Order is 11223 does not provide authority for:

(1) The use award of the a cost-plus-a-percentage-of-cost system of contractingcontract;

(2) The making of any contract in violation of existing law relating to limitation on payment of profit or fees in excess of applicable limitations; or

(3) The waiver of any requirement to post a bid, payment, performance, or other bond required by law.

(b) No amendments, or modifications shall be entered into under the authority of the Executive Order:

(1) Unless, with (1) Executive Order 11223 does not authorize the issuance of a modification, unless:

(i) With respect to cases falling within Section 4 of

the

Executive Order

, a finding is made

11223, the approving authority determines that the action is necessary to protect the foreign policy interests of the United States; and

(

2

ii)

Unless

No other legal authority

in the Agency is deemed to be lacking or inadequate;(3) Except

authorizes issuance of such modification.

(2) A modification under paragraph (b)(1) of this section must be within the limits of the amounts appropriated and the statutory contract authorization as referenced in FAR 50.102-3.

(c) No contract shall be amended or modified unless the request therefor has been filed before contractor submits a request prior to all obligations (including final payment) under the contract have having been discharged.

(d) No An informal commitment shall must not be formalized unless:

(1) A The contractor submits a written request for payment has been filed within six months after furnishing, or arranging to furnish, supplies or furnishing property or services in reliance upon the commitment;

(2) USAID has received the services satisfactorily performed, or has accepted property furnished in reliance on the commitment;

(3) The USAID employees employee alleged to have made the informal commitment have accepted has affirmatively acknowledged responsibility for making the informal commitment in question; and

(4) USAID has taken appropriate action to prevent recurrence.

[49 89 FR 132574207, AprJan. 3, 1984, as amended at 50 FR 16088, Apr. 24, 1985; 53 FR 4982, Feb. 19, 198823, 2024]