(a) Authority.
(1) Citations: Sec. 579, Pub. L. 101-167 (Fiscal year (FY) 1990), Sec. 567, Pub. L. 101-513 (FY 1991), Sec. 567, Pub. L. 102-145 (FY 1992), Sec. 562, Pub. L. 102-391 (FY 1993), Sec. 558, Pub. L. 103-87 (FY 1994), and Sec. 555, Pub. L. 103-306 (FY 1995).
(2) Except to the extent otherwise determined by the Administrator, not less than ten percent of amounts made available through the appropriations cited in paragraph (a)(1) of this section for development assistance and for assistance for famine recovery and development in Africa shall be used only for activities of disadvantaged enterprises (as defined in 726.7002). In order to achieve this goal, USAID is authorized in the cited statutes to use other than full and open competition to award contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals (small disadvantaged businesses as defined in 726.7002), historically black colleges and universities, colleges and universities having a student body of which more than 40 percent of the students are Hispanic Americans, and private voluntary organizations which are controlled by individuals who are socially and economically disadvantaged, as the terms are defined in 726.7002.
(b) Application. This authority may be used only if the Agency determines in accordance with 726.7004 that:
(1) The acquisition is to be funded from amounts
referred to in paragraph (a) of this section;
(2) Award of the acquisition to an eligible organization is appropriate to meet the requirement in paragraph (a) of this section; and
(3) After considering whether the acquisition can be made under the authority of Section 8(a), award under Section 8(a) is not practicable.
(c) Limitations.
(1) Offers shall be requested from as many potential offerors as is practicable under the circumstances.
(2) Use of this authority is not subject to the requirements in FAR 6.303 and FAR 6.304, provided that the contract file includes a certification by the contracting officer stating that the procurement is being awarded pursuant to 706.302-71 and that the application requirements and limitations of 706.302-71(b) and (c) have been complied with. (See FAR 6.303 and FAR 6.304)
