{"data":{"id":"us/48-cfr-750.7107","jurisdiction":"us","citation":"48 CFR 750.7107","heading":"750.7107 Limitations upon exercise of authority.","body":"(a) Executive Order 11223 does not provide authority for:\n(1) The award of a cost-plus-a-percentage-of-cost contract;\n(2) The payment of profit or fees in excess of applicable limitations; or\n(3) The waiver of any requirement to post a bid, payment, performance, or other bond required by law.\n(b)(1) Executive Order 11223 does not authorize the issuance of a modification, unless:\n(i) With respect to cases falling within Section 4 of Executive Order 11223, the approving authority determines that the action is necessary to protect the foreign policy interests of the United States; and\n(ii) No other legal authority authorizes issuance of such modification.\n(2) A modification under paragraph (b)(1) of this section must be within the limits of the amounts appropriated and the statutory contract authorization as referenced in FAR 50.102-3.\n(c) No contract shall be modified unless the contractor submits a request prior to all obligations (including final payment) under the contract having been discharged.\n(d) An informal commitment must not be formalized unless:\n(1) The contractor submits a written request for payment within six months after furnishing, or arranging to furnish, supplies or services in reliance upon the commitment;\n(2) USAID has received the services satisfactorily performed, or has accepted property furnished in reliance on the commitment;\n(3) The USAID employee alleged to have made the informal commitment has affirmatively acknowledged responsibility for making the informal commitment in question; and\n(4) USAID has taken appropriate action to prevent recurrence.","path":["Title 48—Federal Acquisition Regulations System","CHAPTER 7—AGENCY FOR INTERNATIONAL DEVELOPMENT","SUBCHAPTER G—CONTRACT MANAGEMENT","PART 750—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT","Subpart 750.71—Extraordinary Contractual Actions To Protect Foreign Policy Interests of the United States"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-48.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:29Z","sha256":"da84251af7f3f8454a392443a5862176bcc9928804bc62ddbdc4b4644a7b6fd0","source_id":"us-cfr","stale":true,"prev":"us/48-cfr-750.7106-4","next":"us/48-cfr-750.7108"},"notice":"GroundRules: Original legal text. Not legal advice."}