CHEGAR Mozambique

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-andnationality
waiver, Section 228.31 of Title 22 of the Code of Federal
Regulations (CFR)."