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(2) Technical rules of evidence shall not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by crossexamination shall be applied where reasonably necessary by the officer conducting the hearing. The officer presiding at the hearing may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record shall be open to examination by the parties and opportunity shall be given to refute facts and arguments advanced on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions shall be based upon the hearing record and written findings shall be made.

(e) Consolidated or Joint Hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under Title VI of the Act, the Secretary may, by agreement with such other departments or agencies where applicable, provide for the conduct of consolidated or joint hearings, and for the application to such hearings of rules of procedures not inconsistent with this part. The Secretary may also transfer the hearing of any complaint to any other department or agency, with the consent of that department or agency, where Federal financial assistance to the applicant or recipient is substantially greater than that of the Department of State. Final decisions in all such cases, insofar as this part is concerned, shall be made in accordance with § 141.9. § 141.9 Decisions and notices.

(a) Decisions on record or review by the responsible Department official. The applicant or recipient shall be given reasonable opportunity to file with the officer presiding at the hearing briefs or other written statements of its contentions, and a copy of the final decision shall be given in writing to the applicant or recipient and to the complainant, if any. The officer presiding at the hearing shall render a decision on the matter.

(b) Decisions on record where a hearing is waived. Whenever a hearing is

waived pursuant to § 141.8(a) a decision shall be made by the responsible Departmental official on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any.

(c) Rulings required. Each decision of an officer presiding at the hearing shall set forth his ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.

(d) Appeal. Either party may appeal from a decision of the officer presiding at the hearing to the responsible Department official within 30 days of the mailing of the officer's decision. In the absence of such an appeal the decision of the officer presiding at the hearings shall constitute the final decision of the Department subject to paragraph (e) of this section.

(e) Approval by Secretary. Any final decision by an officer (other than the Secretary) which provides for the suspension or termination of, or the refusal to grant or continue Federal financial assistance, or the imposition of any other sanction available under this part or the Act, shall promptly be transmitted to the Secretary, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed.

(f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved, and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the responsible Department official that it will fully comply with this part. § 141.10 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act.

§ 141.11 Effect on other regulations; of Federal funds, (2) the grant or donaforms and instructions.

tion of Federal property and interests in Nothing in this part shall be deemed to property, (3) the detail of Federal persupersede: Executive Orders 10925 and sonnel, and (4) any Federal agreement, 11114 and regulations issued thereunder, arrangement, or other contract which or any other regulations or instructions, has as one of its purposes the provision insofar as such regulatiors, or instruc- of assistance. tions prohibit discrimination on the (f) The term “program” includes any ground of race, color, or national origin program, project, or activity for the proin any program or situation to which vision of services, financial aid, or other this regulation is inapplicable, or pro- benefits to individuals whether provided hibit discrimination on any other ground. through employees of the recipient of

(a) Forms and instructions. Each re- Federal financial assistance or provided sponsible Department official shall issue, by others through contracts or other and promptly make available to in- arrangements with the recipient. terested persons, forms and detailed (g) The term “recipient” means any instructions and procedures for effectuat- State, political subdivision of any State, ing this part as applied to programs to or instrumentality of any State or politwhich this part applies and for which ical subdivision, any public or private he is responsible.

agency, institution, or organization, or (b) Supervision and coordination. The other entity, or any individual, in any Secretary may from time to time assign State, to whom Federal financial assistto officials of the Department, or to of- ance is extended directly or through anficials of other departments or agencies of other recipient, for any program, includthe Government with the consent of such ing any successor, assign, or transferee departments or agencies, responsibilities thereof, but such term does not include in connection with the effectuation of the any ultimate beneficiary under any such purposes of Title VI of the Act and this

program. part including the achievement of ef- (h) The term "primary recipient” fective coordination and maximum uni- means any recipient which is authorformity within the Department and ized or required to extend Federal finanwithin the Executive Branch of the Gov- cial assistance to another recipient for ernment in the application of Title VI the purpose of carrying out a program. and this part to similar programs and in (i) The term “applicant” means one similar situations.

who submits an application, request, or § 141.12 Definitions.

plan required to be approved by a reAs used in this part

sponsible Department official, or by a (a) The term “Department” means

primary recipient, as a condition to the Department of State and includes

eligibility for Federal financial assisteach of its operating agencies and other

ance, and the term “application" means organizational units except the Agency

such an application, request, or plan. for International Development.

APPENDIX A (b) The term "Secretary” means the Secretary of State.

(c) The term "responsible Department 1. Mutual understanding between people official” with respect to any program of the United States and the people of other receiving Federal financial assistance countries by educational and cultural exmeans the official of the Department

change-studies, research, instruction and having responsibility within the Depart

other educational activities-cultural ment for the program extending such

changes (Mutual Educational and Cultural

Exchange Act of 1961–75 Stat. 527-538). assistance or such official of the Depart

2. Center for Cultural and Technical Inment as the Secretary designates.

terchange Between East and West-grant to (d) The term “United States” means State of Hawaii (Public Law 86–472, 74 Stat. the States of the United States, the Dis- 141). trict of Columbia, Puerto Rico, the Vir- 3. Assistance to or in behalf of refugees gin Islands, American Samoa, Guam, designated by the President (Migration and Wake Island, the Canal Zone, and the

Refugee Assistance Act of 1962—76 Stat. 121– territories and possessions of the United

124).

4. Donations of certain foreign language States, and the term “State” means any

tapes and other training material to public one of the foregoing.

and private institutions (Regulations of Ad(e) The term "Federal financial as- ministrator of General Services relating to sistance" includes (1) grants and loans surplus property-41 CFR 101-6.2).

PROGRAMS AND ACTIVITIES TO WHICH THIS PART

APPLIES

ex

CHAPTER 11-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Note: Section 621(b) of the Foreign Assistance Act of 1961, Public Law 87–195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed :

"All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF in effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”

Part 200 201

202 203 205

207

208

Employees responsibilities and conduct.
Rules and procedures applicable to commodity transactions financed by

A.I.D.
Overseas shipments of supplies by voluntary nonprofit relief agencies.
Registration of agencies for voluntary foreign aid.
Per diem payments to participants in nonmilitary economic development

training programs.
Limitation on the employment of third country nationals for construction

work financed from United States foreign assistance funds.
Suppliers of commodities and commodity-related services ineligible for

A.I.D. financing.
Non-discrimination in federally-assisted programs of the Agency for Inter-

national Development-effectuation of Title VI of the Civil Rights Act of

1964. Loyalty and security investigations for persons serving under contracts

financed from United States foreign assistance funds. Transfer of food commodities for use in disaster relief and economic develop

ment, and other assistance. Public information. Collection of civil claims by the Agency for International Development.

209

210

211

212 213

251

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PART 200 EMPLOYEE RESPONSI- Sec.

201.46 Compensation to supplier if shipBILITIES AND CONDUCT

ment is prohibited. CROSS-REFERENCES: The regulations gov

201.47 Use of marine insurance loss pro

ceeds. erning the responsibilities and conduct of employees of the Agency for International

Subpart Payment and Reimbursement Development are codified as Part 10 of this

201.50 Purpose. title, prescribed jointly by the Department

201.51 Methods of financing. of State, the Agency for International Development, and the U.S. Information Agency,

201.52 Required documents. 31 F.R. 6309, Apr. 26, 1966.

201.53 Final date for presentation of docu

ments. PART 201-RULES AND PROCEDURES

Subpart G-Price Provisions APPLICABLE TO COMMODITY 201.60 Purpose and applicability of this TRANSACTIONS FINANCED BY

subpart.

201.61 Meaning of terms in this subpart. A.I.D.

201.62 Responsibilities of borrower/grantee

and of supplier. Subpart A-Definitions and Scope of This Part

201.63 Maximum prices for commodities. Sec.

201.64 Application of the price rules to com201.01 Definitions.

modities. 201.02 Scope and application.

201.65 Commissions, service payments, and

discounts. Subpart BConditions Governing the Eligibility

201.66 Side payments. of Procurement Transactions for A.I.D. Fi

201.67 Maximum freight charges. nancing

201.68 Maximum prices for commodity-re201.10 Purpose.

lated services. 201.11 Eligibility of commodities.

201.69 Commodity price subject to escala201.12 Eligibility of incidental serviees.

tion. 201.13 Eligibility of delivery services.

Subpart H-Rights and Responsibilities of 201.14 Eligibility of bid bonds and perform

Banks ance guaranties.

201.70 Purpose. 201.15 U.S.-flag vessel shipping requirement.

201.71 Terms of letters of credit. Subpart C-Procurement Procedures

201.72 Making payments. Responsibilities of Importers

201.73 Limitations on the responsibilities of

banks. 201.20 Purpose.

201.74 Additional documents for A.I.D. 201.21 Notice to supplier.

201.75 Termination or modification. 201.22 Formal competitive bid procedures. 201.23 Other procurement procedures. Subpart I-Rights and Remedies of A.I.D., and 201.24 Solicitation of bids and quotations.

Waiver Authority 201.25 Advance and progress payments for 201.80 Purpose. custom-made commodities.

201.81 Rights of A.I.D. against borrower/ 201.26 Bid bonds and performance guaran

grantees. ties.

201.82 Rights of A.I.D. against suppliers. 201.27 Expenditure of marine Insurance loss 201.83 No waiver of alternative rights or payments.

remedies by A.I.D.

201.84 Limitation on period for making reSubpart D— Responsibilities of Suppliers

fund requests. 201.30 Purpose.

201.85 Waiver and amendment authority.

201.86 Continuation in effect of certain 201.31 Suppliers of commodities.

prior issuances. 201.32 Suppliers of delivery services. 201.33 Prior review of proposed sales.

Appendix A-Supplier's Certificato and

Agreement with the Agency For Subpart E-General Provisions Relating to A.I.D.

International Development (A.I.D. Financing of Commodities and Commodity

282 (1-1-67)) Related Services

Appendix B-Instructions for Notice of Pro201.40 Purpose.

posed Procurement.

Appendix C-Certificate and Agreement with 201.41 Audit and inspection.

the Agency for International De201.42 Reexport of A.I.D.-financed commod

velopment Concerning Commission ities.

and Service Payments Associated 201.43 Diversion clause.

With Commodity Sales Financed 201.44 Vesting in A.I.D. of title to commod

With Foreign Assistance Funds. ities.

(A.I.D. 283 (1-16–67)) 201.45 Termination or modification of a Appendix D-Application for Approval of loan, grant, or implementing docu

Commodity Eligibility. (A.I.D. 11 ment.

(10–16–70))

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