The contract documents the United States of America as the authorized geographic code for the procurement of goods and services under the award. Furthermore, ADS 310, Source, Origin, and Nationality of Commodities, requires that the goods and services financed by USAID meet the requirements of the Foreign Assistance Act (the Act) and provide benefit to the U.S. economy as well as fulfilling the needs of the foreign assistance program.
Similarly, Section 604 of the Act states that funds made available for assistance under this Act may be used in any other country, but only if the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in the United States, the recipient country, or developing countries.
As a remedy, ADS 310.5.5 states that USAID may expand the authorized geographic code only using an approved waiver.
- Request source origin waivers through the mission director or appropriate USAID agreement officer for project goods and services when needed.
SOURCE: AUDIT REPORT NO. 6-279-11-005-P February 28, 2011
The recommendations are derived from audit reports of the Office of the Inspector General. The source refers to the audit report, which is available on this site as part of the Audit Database Project: an educational tool for compliance with USAID regulations. Please see the disclaimer of this site before using recommendations.
- Mission Did Not Complete Contractor Performance Review - USAID Acquisition Regulation 742.15 (also known as 48 CFR 742.1502) - FAR 42.1502
- Contracting Officials Did Not Document Contract Files or Communicate Adequately - 22 CFR 226 - FAR 4.801 (b)
- Fixed-Amount Reimbursement Agreements Reduce Risk - ADS Supplemental 317
- Contract Not Adequately Reviewed by Contract Review Board - (ADS) 302.3.1.2 - Contract Review Board Guidelines
- Questionable Spending Occurred - Federal Acquisition Regulations 52.216-7 and 52.216-8 USAID Acquisition Regulation 752.7003 FAR Subpart 31.2-Contracts with Commercial Organizations
- Contracting Mechanism Used for Program is not Appropriate - Federal Acquisition Regulation 16.505(a)(2) - supplemental policy to ADS 302, Indefinite Quantity Contract (IQC): Task Order Work Statement Development Checklist - Competition in Contracting Act
- Lack of Effective Program Oversight - ADS 302-Procedures for Designating the COTR for Contracts and Task Orders - ADS 303- Agreement Officer’s Technical Representative (AOTR) Designation – Cooperative Agreement Administration.
- Subcontracts Lacked Supporting Documentation and Were Susceptible to Fraud - (FAR) 31.201-2(d)
- Voluntary Population Planning Language Was Not Included in Subcontracts - USAID Acquisition Regulation (AIDAR) 752.7101, Voluntary Population Planning Activities
- Appropriate Records Were Not Retained - Federal Acquisition Regulation (FAR) 52.215-2, Audit and Records – Negotiation
- Approval for Subawards Was Not Obtained - 22 CFR Part 226, Administration of Assistance Awards to U.S. Non-Governmental Organizations, Section 226.25(c)(8)