CIB 97-16

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CIB 97-16: Class Justification for Use of Other Than Full and Open Competition for Personal Services Contracts with U.S. Citizens Contracted with Locally, with CCNs and TCNs Subject to the Local Compensation Plan, and for Overseas Contracts of $250,000 or Less

Subject Category:  Personal Services Contracts

This Contract Information Bulletin supersedes and cancels CIB 92-5.

Pursuant to 40 U.S.C. 474, Section 706.302-70 of the AIDAR provides an exception to full and open competition when foreign aid programs would be impaired. Overseas contracts of $250,000 or less and personal services contracts are specified in AIDAR706. 302-70(b) as two cases in which the requirement for full and open competition would impair foreign aid programs. In exercising these exceptions, two limitations must be observed by USAID Contracting Officers: (1) offers are to be requested from as many potential offerors as is practicable under the circumstances and (2) a justification supporting less than full and open competition must be prepared in accordance with FAR 6.303.

We recognize that preparing individual justifications pursuant to FAR 6.303 for the number of contract actions involved represents a significant burden to Contracting Officers. FAR 6.303-1(c) permits justifications supporting less than full and open competition to be made on a class basis. Given the number of contract actions involved and the similarity of the circumstances existing to support such justifications, a class justification has been prepared to relieve Contracting Officers of the considerable administrative burden in preparing separate justifications for overseas contracts of $250,000 or less and for personal services contracts which involve either 1) hiring U.S. citizens locally or 2) hiring Cooperating Country Nationals (CCNs) and Third Country Nationals (TCNs) subject to the local compensation plan of the requiring country.

This class justification is no longer applicable to PSCs hired internationally.

Thursday, April 10, 1997 - 2:30pm

Last updated: September 18, 2019