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USAID is responsible for monitoring the use of its support for projects and activities in accordance with 22 CFR 226. As part of the responsibility, the Federal Acquisition Regulation states that documentation in contract files shall be sufficient to constitute a complete history of the transaction to provide a complete background for decisions made, to support actions, and to provide information for reviews, investigations, litigation, or congressional inquiries (FAR 4.801 (b)).
Copies of communications with contractors must be provided to the contracting officer so that the contracting officer knows about the contractor’s performance and can avoid potential claims or disputes. Contract documentation is important to show that the mission is protecting the U.S. Government’s interests.
General Recommendations
- Develop and implement a plan for periodic internal review of contract files for a complete history of contract transactions and all communications with contractors.
Source: AUDIT REPORT NO. G-391-11-005-P JUNE 20, 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.
- Local Subgrantees Need Codes of Conduct for Interactions with Orphans and Vulnerable Children - U.S. Global AIDS Coordinator (OGAC) Guidance July 2006
- Technical Representative Requirements - ADS 458.3.5.5 - ADS 303.3.14
- Assistance Awards and Requirements - ADS 303 - ADS 621.3.4
- Certification Regarding Responsibility Matters - FAR 9.104-6 - FAR 9.105-2(b) - FAR 9.4
- Excluded Parties List System Reviews During the Bidding and Awarding Process - FAR 9.404 - 22 CFR 208 - ADS 502.5.1b - FAR 9.405(d) - FAR 9.105-2(b)
- Strengthen Program Oversight - ADS 302
- Implementer Performed Unauthorized Program Activities - ADS 202.3.6.1
- Ensure That Funding Requests Are Appropriate - ADS 602.3.2
- Strengthen Oversight of Renovation Activities - FAR Part 36, “Construction and Architect-Engineer Contracts” - GAO/AIMD-00-21.3.1 (11/99), page 20
- Mission Did Not Complete Contractor Performance Review - USAID Acquisition Regulation 742.15 (also known as 48 CFR 742.1502) - FAR 42.1502
- 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
- Source Origin Requirements Were Not Met - ADS 310, Source, Origin, and Nationality of Commodities - the Foreign Assistance Act Section 604 - ADS 310.5.5
- 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)
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