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AID RIN: 0412-AA81 Publication ID: Spring 2017 
Title: Requirement for Nondiscrimination Against End-Users of Supplies or Services ("Beneficiaries") Under USAID-Funded Contracts 
Abstract:

The Foreign Assistance Act of 1961, as amended (FAA), authorizes the U.S. Agency for International Development (USAID) to provide foreign assistance in the form of development and humanitarian assistance that reflect American ideals. To help emphasize USAID's intent and expectation of non-discrimination of beneficiaries in USAID-funded activities, USAID is amending its Agency for International Development Acquisition Regulation (AIDAR) to include a new clause entitled "Nondiscrimination against End-Users of Supplies or Services.” This clause expressly states that USAID-funded contractors must not discriminate among end-users of supplies or services (referred to in this rule as beneficiaries and potential beneficiaries) in any way that is contrary to the scope of the activity as defined in the statements of work (SOWs).  The main effect of this clause is to ensure that USAID's policy and practice of non-discrimination in planning projects and activities is followed through to completion by the contractors that implement them. Its impact on contractors and offerors is to remind them to follow the terms and conditions of the contract, including the implementation of the SOW as designed, and to refrain from the types of discrimination described in the clause. In itself, the clause serves as a reminder to contractors and offerors of USAID's long-standing, pre-existing expectations based on USAID's programmatic and planning priorities and authorities.

 
Agency: Agency for International Development(AID)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 752    3 CFR 1979, comp, p 435     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: sec 621, Pub. L. 87-195    75 stat 445, 22 U.S.C. 2381 (as amended)    E.O. 12163 (44 FR 56673) (Sept. 29, 1979)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/22/2016  81 FR 56572   
NPRM Comment Period End  09/21/2016 
Final Rule  10/25/2016  81 FR 73352   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Todd Larson
Agency for International Development
Phone:202 712-4969