§ 228.02 Scope and application.

This part is applicable to commodities and services procured under implementing instruments using Federal program funds made available for assistance under the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2151 et seq. (FAA). The authorities and conditions applicable to the procurement of commodities or services shall be those in effect on the effective date of an implementing instrument for procurement of commodities or services. They include any directives, prohibitions, restrictions or other statutory and related requirements by the United States Congress that govern the Federal program funds appropriated to fund the specific procurement, including those on types of assistance and recipients of assistance. If additional authorities and conditions are otherwise provided by statute, regulation, or related administrative authorities, those authorities and conditions shall be incorporated in the implementing instrument and shall prevail in the event of any conflict with this part 228. This part is not applicable to (a) Procurements of commodities and services under General Services Administration (GSA) supply schedules; (b) Procurements with donated funds received under USAID's gift authority, FAA section 635(d); (c) Procurements funded by cost share or program income as defined in 22 CFR 226.24; (d) USAID Title II food programs, including monetization proceeds thereunder. (e) Procurements funded from any congressional appropriation authorized by any statute other than the FAA; (f) Procurements with non-program funds (such as operational expense account funds) made available under the FAA for any purpose other than assistance.