Submission of cases to the M/OAA Director.

Federal Acquisition Regulations System 5 2023-10-01 2023-10-01 false Submission of cases to the M/OAA Director. 750.7110-3 Section 750.7110-3 Federal Acquisition Regulations System AGENCY FOR INTERNATIONAL DEVELOPMENT CONTRACT MANAGEMENT EXTRAORDINARY CONTRACTUAL ACTIONS Extraordinary Contractual Actions To Protect Foreign Policy Interests of the United States 750.7110-3 Submission of cases to the M/OAA Director. Cases to be submitted for consideration by the M/OAA Director shall be prepared and forwarded by the cognizant contracting officer through M/OAA/E to the M/OAA Director by means of an action memorandum. M/OAA/E will review the action memorandum for accuracy and completeness. The action memorandum shall provide for approval or disapproval by the M/OAA Director of the disposition recommended by the contracting officer. The action memorandum shall address: (a) The nature of the case; (b) The basis for authority to act under section 750.7101; (c) The findings of fact essential to the case (see 750.7109-3) arranged chronologically with cross references to supporting enclosures; (d) The conclusions drawn from applying the standards for deciding cases, as set forth in 750.7106, to the findings of fact; (e) Compliance with the limitations upon exercise of authority, as set forth in section 750.7107 (for informal commitments, include statements addressing each of the limitations in paragraph (d) of 750.7107): (f) Concurrences or comments obtained from the Office of General Counsel; (g) Verification of funds availability and the contracting officer's determination of cost/price reasonableness when the disposition recommended requires payment to a contractor; (h) The disposition recommended and, if contractual action is recommended with respect to cases falling within Section 4 of the Executive Order, the opinion of the contracting officer that such action is necessary to protect the foreign policy interest of the United States; and (i) The action memorandum shall enclose all evidentiary materials, including the reports and comments of all cognizant Government or other officials, and a copy of the contractor's request. The action memorandum should provide the following information related to the contractor's request, as applicable: (1) Date of request; (2) Date request received by USAID: (3) Contract number; (4) Contractor's name and address; (5) Name, address, and phone number of contractor's representative; (6) Name, office symbol, and phone number of cognizant contracting officer; (7) Amount of request. [62 FR 40469, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007]