RAA4. USAID ELIGIBILITY RULES FOR PROCUREMENT OF
COMMODITIES AND SERVICES (MAY 2020)
This provision is only applicable when specific goods or services are listed as or in
milestones.
a. Ineligible and Restricted Commodities and Services:
(1) Ineligible Commodities and Services. The recipient must not, under any
circumstances, procure any of the following under this award:
(i) Military equipment,
(ii) Surveillance equipment,
(iii) Commodities and services for support of police or other law
enforcement activities,
(iv) Abortion equipment and services,
(v) Luxury goods and gambling equipment, or
(vi) Weather modification equipment.
(2) Ineligible Suppliers. Any firms or individuals that do not comply with the
requirements in Standard Provision, “Debarment and Suspension” and
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Standard Provision, “Preventing Transactions with, or the Provision of
Resources or Support to, Sanctioned Groups and Individuals” must not be
used to provide any commodities or services funded under this award.
(3) Restricted Commodities. The recipient must obtain prior written approval
of the Agreement Officer (AO) or comply with required procedures under
an applicable waiver, as provided by the AO when procuring any of the
following commodities:
(i) Agricultural commodities,
(ii) Motor vehicles,
(iii) Pharmaceuticals,
(iv) Pesticides,
(v) Used equipment,
(vi)
U.S. Government-owned excess property, or
(vii) Fertilizer.
b. Source and Nationality:
Except as may be specifically approved in advance by the AO, all commodities
and services that will be reimbursed by USAID under this award must be from
the authorized geographic code specified in this award and must meet the source
and nationality requirements set forth in 22 CFR 228. If the geographic code is
not specified, the authorized geographic code is 937. When the total value of
procurement for commodities and services during the life of this award is valued
at $250,000 or less, the authorized geographic code for procurement of all goods
and services to be reimbursed under this award is code 935. For a current list of
countries within each geographic code, see:
http://www.usaid.gov/ads/policy/300/310.
c. Guidance on the eligibility of specific commodities and services may be obtained
from the AO. If USAID determines that the recipient has procured any
commodities or services under this award contrary to the requirements of this
provision, and has received payment for such purposes, the AO may require the
recipient to refund the entire amount of the purchase.
d. This provision must be included in all subagreements, including subawards and
contracts,
which include procurement of the commodities or services specifically
listed as or in milestones.
[END OF PROVISION]
RAA5. FLY AMERICA ACT RESTRICTIONS (AUGUST 2013)
APPLICABILITY: This provision is only applicable when international travel is listed as
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or in a milestone.
FLY AMERICA ACT RESTRICTIONS (AUGUST 2013)
a. The recipient must use U.S. Flag Air Carriers for all international air
transportation (including personal effects) funded by this award pursuant to the
Fly America Act and its implementing regulations to the extent service by such
carriers is available.
b. In the event that the recipient selects a carrier other than a U.S. Flag Air Carrier
for international air transportation, in order for the costs of such international air
transportation to be allowable, the recipient must document such transportation
in accordance with this provision and maintain such documentation in
accordance with the record retention requirements of this award. The
documentation must use one of the following reasons or other exception under
the Fly America Act:
(1) The recipient uses a European Union (EU) flag air carrier, which is
an airline operating from an EU country that has signed the US-EU
“Open Skies” agreement
(http://www.state.gov/e/eb/rls/othr/ata/i/ic/170684.htm).
(2) Travel to or from one of the following countries on an airline of that
country when no city pair fare is in effect for that leg (see
http://apps.fas.gsa.gov/citypairs/search/):
a. Australia on an Australian airline,
b. Switzerland on a Swiss airline, or
c. Japan on a Japanese airline;
(3) Only for a particular leg of a route on which no US Flag Air Carrier
provides service on that route;
(4) For a trip of 3 hours or less, the use of a US Flag Air Carrier at least
doubles the travel time;
(5) If the US Flag Air Carrier offers direct service, use of the US Flag
Air Carrier would increase the travel time by more than 24 hours; or
(6) If the US Flag Air Carrier does not offer direct service,
a. Use of the US Flag Air Carrier increases the number of
aircraft changes by 2 or more,
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b. Use of the US Flag Air Carrier extends travel time by 6 hours
or more, or
c. Use of the US Flag Air Carrier requires a layover at an
overseas interchange of 4 hours or more.
c. DEFINITIONS
The terms used in this provision have the following meanings:
(1) “International air transportation" means international air travel by
individuals (and their personal effects) or transportation of cargo by air
between a place in the United States and a place outside thereof, or
between two places both of which are outside the United States.
(2) "U.S. Flag Air Carrier" means an air carrier on the list issued by the U.S.
Department of Transportation at
http://ostpxweb.dot.gov/aviation/certific/certlist.htm. U.S. Flag Air
Carrier service also includes service provided under a code share
agreement with another air carrier when the ticket, or documentation for
an electronic ticket, identifies the U.S. flag air carrier's designator code
and flight number.
(3) For this provision, the term "United States" includes the fifty states,
Commonwealth of Puerto Rico, possessions of the United States, and the
District of Columbia.
d. SUBAWARDS AND CONTRACTS
This provision must be included in all subawards and contracts, under which this award
will finance international air transportation.
[END OF PROVISION]
