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Limitation on period for making refund requests.

certain general provisions relating to the § 201.84 waiver by A.I.D. of this part, the continuation in effect of certain prior issuances and the effective date of this part.

§ 201.81

Rights of A.I.D. against borrower/grantees.

If any transaction financed hereunder violates the requirements of this part or any United States statute or any rule or regulation of A.I.D. promulgated under any such statute, A.I.D. may require the borrower/grantee to refund the amounts A.I.D. determines are attributable to such violation and may exercise any right of acceleration or termination contained in the implementing document. The borrower/grantee shall be deemed to have agreed to make such refund or accelerated payment promptly upon request by A.I.D. and shall be deemed to have consented to any modification of the implementing document determined by A.I.D. to be necessary to reflect any such refund or acceleration.

§ 201.82 Rights of A.I.D. against suppliers.

Without limiting the responsibility of the borrower/grantee or other parties; A.I.D. may require an appropriate refund to it by a supplier under any transaction which violates the requirements of this Regulation, whenever in A.I.D.'s opinion the failure of the supplier to comply with the rules and other requirements of this part has contributed to such violation.

§ 201.83 No waiver of alternative rights or remedies by A.I.D.

No right reserved to A.I.D. in this subpart to seek a refund from a borrower/ grantee, and no exercise of such right, whether or not successful, shall in any way limit or affect, under the doctrine of the election of remedies or otherwise, A.I.D.'s rights against a supplier under this subpart or under the laws of the United States, or of any other country or political subdivision thereof, nor shall any right or remedy herein reserved to A.I.D. against a supplier in any way derogate from or otherwise limit any other rights or remedies which may accrue to A.I.D. under such laws.

A.I.D. will endeavor, but shall not be bound, to make any requests for refunds from a borrower/grantee within five years from the date of the last disbursement of A.I.D. funds for the transaction to which such request relates.

§ 201.85 Waiver and amendment authority.

A.I.D. may waive, withdraw, or amend at any time any or all of the provisions of this part. § 201.86

Continuation in effect of certain prior issuances.

(a) The following documents, if issued or executed by A.I.D. or any predecessor agency or corporation prior to the effective date of this part, will continue in effect subject to all the terms and conditions of such documents and, to the extent applicable, all the terms and conditions of Regulation 1 as in effect on the date of the issuance of such documents: Project agreements, procurement authorizations and project implementation orders, United States Government agency purchase requisitions, loan agreements and implementation letters, letters of commitment and letters of notification to banks, requests for the opening of a special letter of credit and letters of commitment to suppliers. Authorizations, bank contracts, letters of guaranty to banks or suppliers issued by A.I.D. or any predecessor agency or corporation prior to the effective date of this part will continue in effect in accordance with their terms. Amendments to any of the above documents may continue to be made in accordance with the procedures in effect prior to the effective date of this part.

(b) Whenever a Supplier's Certificate A.I.D. Form 280 is required to be submitted under the provisions of this part as in effect prior to November 1, 1964, a Supplier's Certificate A.I.D. Form 281 completed and executed in accordance with the provisions of § 201.52 (a) (6) and (b) may, at the election of the supplier, be submitted in lieu of such Supplier's Certificate A.I.D. Form 280, and, if such Supplier's Certificate A.I.D. Form 281 is submitted, the supplier executing the same shall be bound by the provisions thereof and by the provisions of this part as in effect at the time of his execution of such Supplier's Certificate. [A.I.D. Reg. 1, 29 F.R. 18288, Dec. 24, 1964]

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This Part 201 shall become effective on November 1, 1964 and, except as provided in § 201.86, shall revoke and supersede in its entirety A.I.D. Regulation 1, as in effect prior to that date. APPENDIX A-SUPPLIER'S CERTIFICATE AND AGREEMENT WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT (FORM AID-281) The supplier hereby acknowledges notice that the sum indicated on the accompanying invoice as claimed to be due and owing under the terms of the contract described on the reverse hereof (hereafter referred to as "said contract") is to be paid, in whole or in part, out of funds made available by the United States under the Foreign Assistance Act of 1961, as amended, and that such payment is subject to Regulation 1 of the Agency for International Development (A.I.D.), as in effect on the date hereof (22 CFR Part 201). In consideration of the receipt of such sum, the supplier agrees with and certifies to A.I.D. as follows:

1. The undersigned is the supplier of the commodities or commodity-related services indicated in the Invoice-and-Contract Abstract on the reverse hereof, is entitled under said contract to the payment of the sum claimed, and is executing this Certificate and Agreement for the purpose of obtaining such payment from funds made available by the United States as described above.

2. The supplier will, upon the request of A.I.D., promptly make refund to A.I.D. of any amount by which the purchase price exceeds the maximum price permitted under the provisions of subpart G of A.I.D. Regulation 1 other than § 201.62(a).

3. The supplier will, upon the request of A.I.D., promptly make appropriate refund to A.I.D. in the event of

(a) his nonperformance, in whole or in part, under said contract, or

(b) any breach by him of any of his undertakings in this Certificate and Agreement, or

(c) any false certification or representation made by him in this Certificate and Agreement or in the Invoice-and-Contract Abstract on the reverse hereof in regard to the transaction indicated therein.

4. The supplier will promptly pay to A.I.D. (Office of the Controller, A.I.D., Washington, D.C., 20523) any adjustment refunds, credits, or allowances payable to or for the account of the importer arising out of the terms of the said contract or the customs of the trade.

5. On the basis of information from such sources as are available to the supplier and to the best of his information and belief, any commodity supplied under said contract meets the requirements of § 201.11 (b) of A.I.D. Regulation 1 as to source, country where mined, grown, or produced, and limitation on components.

6. The supplier or his agent has not compensated any person to obtain said contract except to the extent, if any, indicated on the reverse hereof.

7. The supplier or his agent has not given or received and will not give or receive side payments, "kickbacks", or any other payment or benefit whatever in connection with said transaction or any series of transactions of which said transaction is a part, other than those payments or benefits referred to in paragraphs 1 and 4 and indicated on the reverse hereof. Any commissions paid or to be paid in connection with said transaction are shown on the reverse hereof in blocks 20 through 22.

8. If the supplier is the producer, manufacturer or processor of the commodity, said contract is not a cost-plus-percentage-ofcost contract.

9. On the basis of information from such sources as are available to the supplier and to the best of his information and belief, the purchase price is no higher than the maximum price permitted under each of the requirements of subpart G of A.I.D. Regulation 1, relating to maximum prices other than $201.62(a).

10. The amount shown on the reverse hereof in block 2 is net of all credits, allowances, and discounts granted and payments made, by the supplier or his agent to or for the account of the importer, including all discounts and payments for quantity purchases and prompt payment customarily allowed other customers under similar circumstances.

11. The supplier will for a period of not less than five (5) years after the date hereof maintain all business records and other documents which bear on his compliance with any of the undertakings and certifications herein and will at any time requested by A.I.D. make such records and documents available to A.I.D. for examination.

12. The supplier has complied with the provisions contained and referred to in subpart D of A.I.D. Regulation 1. If the supplier has been informed by A.I.D. of a requirement for submitting to A.I.D. for prior review proposed sales to be financed through funds made available by A.I.D., the supplier has made such submission, has been notified by A.I.D. of the results of such review, and has complied with all conditions and requirements specified in such notification.

13. The supplier has filled in the applicable portions of the Invoice-and-Contract Abstract on the reverse hereof, certifies to the correctness of the information shown therein, and will upon the request of A.I.D. promptly furnish to A.I.D. such additional information in such form as A.I.D. may request concerning the purchase price, the cost to the supplier of the commodities and/ or commodity-related services involved, or any other facts, data, or business records relating to the supplier's compliance with his undertakings and certifications in this Supplier's Certificate and Agreement.

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1. A.I.D. number 2. Invoice amount after 3. Source of shipment 4. State where made 5. Gross long tons discount

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Information as to commissions, credits, allowances, similar payments, and side payments

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21. Addresses

22. Amount paid or to be paid

Included in invoice Not included in invoice

Contract and price information

24. Total contract amount 25. Specify here items and amounts that will account for any differences between contract and invoice prices

INSTRUCTIONS (FORM AID-281, 7-2-64)

THIS FORM MUST BE COMPLETED IN THE ENGLISH LANGUAGE ONLY AND ALL AMOUNTS OF MONEY ARE TO BE SHOWN IN U.S. DOLLARS

GENERAL. Execution of form. An original and two copies of this form, completed by the following, as appropriate, must accompany each invoice for which payment is requested: (a) Commodity-executed by the supplier of the commodity covering the cost of the commodity, including the cost of any commodity-related services paid by the supplier for his own or the buyer's account; (b) Transportation-executed by each carrier who is separately paid for ocean and air freight to be financed by A.I.D.; (c) Insurance executed by the insurer, insurance broker, or underwriter for the cost of marine insurance to be financed by A.I.D. when such cost exceeds $50. The original must be signed by an authorized official of the supplier, who shall indicate his title thereon. Unless otherwise specified below, all blocks MUST be appropriately completed or the letters "NA" (not applicable) entered.

Obtaining forms. The forms (as well as copies of A.I.D. Regulation 1 referred to in this form) may be obtained in limited quantities from banks holding A.I.D. letters of commitment, regional offices of the Department of Commerce, or the Distribution Section, Agency for International Development, Washington, D.C., 20523. Forms may be reproduced provided the reproduction is identical in content, size, color, and format.

INVOICE INFORMATION-Block 1: Insert A.I.D. implementing document number furnished in the letter of credit or importer's instructions. Block 2: The amount shown in block 2 is the net amount for which the supplier seeks payment. It must not include any credit, discount, commission, or allowance to or for the account of the importer or his agent. Commissions paid or to be paid in connection with the transaction covered by this form to agents of supplier which are included in the amount shown in block 2 must be detailed in blocks 20 through 22. Block 3: Show the country of source as defined in § 201.01 of A.I.D. Regulation 1. Block 4: This block is to be completed only for commodities made in the United States. Enter the State in which the commodity was mined, grown, or produced, if known. Block 5: Show the bill of lading weight rounded to the nearest whole long ton (2,240 lbs. or 40 cubic feet to the ton). Blocks 6 through 9: Use the numerical designation for month, day, and year, in this order. Where the supplier does not arrange for ocean shipment, these blocks may remain blank. Block 10: Insert the description of the commodities or services. For multiple-item invoices, insert the descriptive words commonly employed within the trade. Block 11: Insert the A.I.D. 3- or 4-digit commodity codes if known.

Blocks 12 through 15: Insert the commodity invoice data, freight rate, or insurance rate, as applicable. If there is insufficient room, as in the case of multiple-item invoices, the information may be furnished (a) on an attached listing, (b) in block 25, or (c) by means of an additional copy of the invoice attached to this form. In any of these instances, appropriate reference should be made in blocks 12 through 15 as to the method by which the information is furnished, e.g., "See attached listing".

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Block 16: Show the shipping terms, i.e., if a commodity supplier, show "FOB [or FAS] at or "CIF [or C&F] to -"; if a supplier of ocean transportation, show "Collect" or "Prepaid". Block 17: Enter the supplier's name and address. Block 18: If a U.S. supplier, check the appropriate box to indicate whether or not the supplier is a small business concern. erally, a small business concern is a concern that (a) is not dominant in its field of operations and, with its affiliates, employs fewer than 500 employees, or (b) is certified as a small business concern by the Small Business Administration. (Code of Federal Regulations, Title 13, Part 121, as amended, contains definitions.) Block 19: Enter the importer's name and address.

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INFORMATION AS TO COMMISSIONS, CREDITS, ALLOWANCES, SIMILIAR PAYMENTS, AND SIDE PAYMENTS-Blocks 20 through 22: Enter in blocks pertinent information with reference to (a) all payments, credits, commissions, and similar allowances paid or to be paid by the supplier to or for the benefit of his agent, the importer, or the importer's agent as required by § 201.65 (h) of A.I.D. Regulation 1, and (b) any side payment, not shown on the invoice, made or to be made by the importer to the supplier, in connection with the transaction, as required by § 201.66 of A.I.D. Regulation 1. In block 22 indicate whether or not the amount is included in the invoice amount reported in block 2 by entering the amount of each payment opposite the related entry in the appropriate column "Included in Invoice" or "Not Included in Invoice". If there is insufficient room to furnish the information required in blocks 20 through 22, the blocks may be noted "Continued" or "See attached listing" and the required information shown in block 25 or furnished on a listing attached to the form. If no commissions, credits, allowances, similar payments, and side payments are involved, insert "NONE" in block 20. Contract and price information. Contracts need not be submitted to A.I.D. unless specifically requested. In the case of ocean freight, however, charter parties, if any, are to be included in the reimbursement documents. Block 23: Enter the date of the contract. Block 24: Enter the total contract amount. Block 25: Use this block to explain differences, if any, between shipping terms, quantity, and unit price as stated in the contract

and as invoiced.

The block may also be used to furnish explanation of, or additional information in connection with, any entries on the form. APPENDIX

B-INSTRUCTIONS FOR NOTICE OF
PROPOSED PROCUREMENT

In general, the minimum notification requirements specified in subparagraphs (2) and (3) of § 201.24(a) of A.I.D. Regulation 1 must be observed by the importer in all A.I.D.-financed procurement other than by formal competitive bids. Exceptions from these requirements are set forth in § 201.24 (b) "Exemption for small value procurement" and § 201.24 (c) "Waiver provisions" of the regulation.

These minimum notification requirements are as follows:

The importer must submit to the Office of Small Business (OSB), A.I.D., a notice of proposed procurement. Until forty-five (45) days after its expected arrival there, the importer or his agent may not accept any offer or place any order, or agree to accept any offer or to place any order. The OSB may require a waiting period longer than fortyfive (45) days or, upon application of the importer, authorize a shorter period. Except when submission is by cablegram, three copies are to be submitted by registered mail to the OSB.

Cablegram: OSBAID, Washington, D.C.,

USA

Mail: Office of Small Business, Agency for International Development, Washington, D.C., 20523, U.S.A.

The information contained in the notice shall be in the English language, and specifications shall be in terms of United States standards. If the notice as submitted does not comply with all the specified minimum notification requirements, it may be returned by OSB to the importer for revision and resubmission. In such cases, the revised copies must be submitted anew in accordance with the applicable requirements.

The notice of proposed procurement shall be submitted in the format set forth below. Guidance as to the information required in the individual paragraphs of the notice is contained in the notes listed following the format.

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NOTE B. Identify, if known, the implementing document which authorizes the use of A.I.D. funds for the proposed procurement (e.g., B. Authority: 518-B-432).

NOTE C. Indicate, if applicable, the subauthorization (SA), and/or Import License (IL) numbers (e.g., C. Subauthority: SA 1324/IL 4321).

NOTE D. Indicate the eligible source (area in which procurement may be made) as designated in the implementing document. List both the name description and the number for the A.I.D. Geographic Code (e.g., D. Source: United States, 000).

NOTE E. Indicate the calendar date by which quotations or offers must reach the importer to assure their consideration. This date must be established as being at least forty-five (45) calendar days after expected receipt of notice in AID/W (Office of Small Business) (e.g., E. End of waiting period: 16 August 1964).

NOTE F. Indicate the name and complete address of the importer. This will be the person or organization who for this transaction is the purchaser. Telephone number may also be included if contact by such means is acceptable (e.g., F. Buyer: XYZ Import Company, Ltd., 14 Front Street, Bombay, India, Tel. Bombay 373781).

NOTE G. Fully describe the commodities and/or services (excluding ocean transportation and marine insurance) for which quotations or offers are desired. Specifications shall be in terms of United States standards and shall indicate sizes, quantities, etc. Electrical equipment shall include the power characteristics required. Data shall be in such sufficient detail as to provide an adequate basis on which suppliers can submit realistic offers. Omission of U.S. standards as herein prescribed will make the entire notice unacceptable.

NOTE H. Indicate the full dollar amount of the Import License, except when the notice covers only part of the commodities included in the License. In such cases, show

on any one notice only the approximate dollar value of the commodities included. The dollar value will not be published in the Small Business Circular except in those instances where the importer does not indicate a specific quantity, but instead, desires to purchase the greatest quantity for a given sum (e.g., H. Cost: $250,000).

NOTE I. Indicate basis on which quotations or offers are to be submitted: c.i.f. or c.&f. Port of Entry; f.a.s. or f.o.b. Port of Exit; etc. (e.g., I. Basis: c.i.f. Bombay).

NOTE J. Indicate whether or not cablegram quotations will be accepted. If acceptable, show Importer's cable address (e.g., J. Cablegram: Acceptable, CMMP, Bombay).

NOTE K. Indicate the date by which shipment from source country is required or desired, and the destination port (e.g., K. Delivery: Bombay, 14 November 1964).

NOTE L. List any special shipping or packing instructions or other conditions and information which are applicable and not included in preceding paragraphs.

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