L. Paul Bremer, Coalition Provisional Authority

“ Contracts or grants executed by interim Iraqi Ministries may be carried out in
accordance with applicable Iraqi laws and Ministry contracting procedures only if
the Administrator or his designee determines that the Ministry’s application of these
controls will ensure transparency. However, in the event that a protest is filed
against the proposed award of a contract or grant, the provisions of the Protests
clause in Appendix B of this Memorandum shall apply. ”

“ Sufficient information will be included
in the contract file to enable a review of the transaction, including evidence of
competition or the basis for contracting without competition, price quotations, and
the basis for the contract award if price is not the determining factor. Written
justifications detailing the unique qualifications of the contractor or other exigent
circumstances requiring an award without competition will be prepared for Small
Purchases. Requirements for justifications are contained in Appendix A. ”

“ This monitoring process
includes ensuring that the contractor provides the agree upon goods, services or construction
in accordance with the provisions, and that payments are made in a timely manner.
Contracting Officers shall include in the Contract file a written report describing post-award
performance by contractors or grantees, including a final assessment upon completion of the
Contract. Contracting officers shall rely upon locally available military engineering
resources in assessing all repair and construction projects. ”

“ Requirements for the support of Coalition
Forces may not be satisfied with DFI funds.
What special rules apply for contracts with Iraqi Funds?
Obligations under contracts with Iraqi Funds will be satisfied only with Iraqi Funds. A special
clause is included in the contract to put all parties on notice of this important issue.
Military Units: Military units should not execute contracts in their names or in the name of their
government for projects using Iraqi Funds. ”

“ No request by the Contractor for an equitable adjustment to the contract shall be
allowed, unless the Contractor has given the written notice required; provided, that the time
prescribed in paragraph (a) of this clause for giving written notice may be extended by the
Contracting Officer.
d. No request by the Contractor for an equitable adjustment to the contract for differing
site conditions shall be allowed if made after final payment under this contract.
45. Site Investigation and Conditions Affecting the Work. ”

“ All equipment, material, and articles incorporated into the work covered by this
contract shall be new and of the most suitable grade for the purpose intended, unless otherwise
specifically provided in this contract. References in the specifications to equipment, material,
articles, or patented processes by trade name, make, or catalog number, shall be regarded as
establishing a standard of quality and shall not be construed as limited competition. ”

“ The governmental entity awarding this contract may extend the term of this contract
by written notice to the Contractor within _______ days (insert number of days) prior to the end of
the term of the contract, or the end of any option period previously exercised under the contract;
provided that the Government entity gives the Contractor a preliminary written notice of its intent to
extend at least _______ (insert number of days) before the contract period (including option periods
exercised ) expires. The preliminary notice does not commit the governmental entity to an
extension. ”

“ Consider the anticipated results or benefits expected. Identify costs and benefits to be
derived. For example, show how problem will be improved as a result of the grant. Explain
how the project will benefit the public.
•
Examine the execution approach. List the activities in chronological order to show that
schedule of accomplishments and expected completion dates. Identify the kinds of data to
be collected and maintained, and discuss the criteria to be used to evaluate the results and
success of the project. ”

“ As used in this Memorandum, a group of three or
more officials selected by the Contracting Officer appointing authority responsible
for reviewing preliminary award decisions of Large Purchases for compliance with
this Memorandum and sound business judgment. The Contract Award Committee
need not convene as a group; however, except as provided in Section 7 below, a
majority of the members must concur in the award decision prior to award. ”

“ Unusual or compelling urgency to satisfy requirements. This justification will only be
used in cases where competition would represent a serious risk to agency objectives.
Failure to accurately forecast agency needs is a not a sufficient justification. ”

“ Unless specified elsewhere in this contract, title to items furnished under this contract
shall pass to the Government agency upon acceptance, regardless of when or where the Government
agency takes physical possession. ”

“ CONTRACT AND GRANT PROCUDURES
APPLICABLE TO VESTERD AND SEIZED IRAQI PROPERTY AND THE
DEVELOPMENT FUND FOR IRAQ
IMPLEMENTATION OF REGULATION NUMBER 3, PROGRAM REVIEW
BOARD
Pursuant to my authority as Administrator of the Coalition Authority (CPA) and the laws
and usages of war, and consistent with relevant U.N. Security Council resolutions, including
Resolution 1483 (2003) ”

“ This memorandum establishes procedures applicable to the execution of contracts and
grants for the benefit of the Iraqi people using Iraqi Funds, as defined herein. As steward
for the Iraqi people, the CPA will manage and spend Iraqi Funds, which belong to the Iraqi
people, for their benefit. ”

“ Contract performance and outcome information including notes of inspections or monitoring
where appropriate.
•
Large Purchase Contract files will be maintained for a period of 3 years following final
contract payment.
Sole-Source Contracting Justification and Approval Requirements
•
Contracting Officers must document compelling reasons justifying sole source contracting
in all contracts. Compelling reasons that may be considered when justifying sole-source
contracting:
o
There is only one responsible source and no other supplies or service will satisfy
requirements. ”

“ The Contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
CPA/MEM/19 August 2003/04
21
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27. Immunities. Except as provided in this contract, the Government of Iraq or its agents,
including the CPA or other governmental agencies, have not waived any of their privileges or
immunities.
28. Legal Status. The Contractor is an independent contractor. The Contractor’s employees
will not be considered government employees for any purpose. ”

“ Conflicts of Interests. Contracts or Grants administered under this Memorandum
will not directly or indirectly benefit any Ministry, CPA or Coalition Forces official
or employee involved in the contracting or grant-making process, or the family
members of such officials or employees. Persons involved in the contracting
process, from the development of the requirement through the completion of
performance, shall not ”