Section 750.7107 - Limitations upon exercise of authority(a) Executive Order 11223 does not provide authority for: (1) The award of a cost-plus-a-percentage-of-cost contract;(2) The payment of profit or fees in excess of applicable limitations; or(3) The waiver of any requirement to post a bid, payment, performance, or other bond required by law.(b)(1) Executive Order 11223 does not authorize the issuance of a modification, unless:(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(ii) No other legal authority authorizes issuance of such modification.(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.(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.(d) An informal commitment must not be formalized unless:(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;(2) USAID has received the services satisfactorily performed, or has accepted property furnished in reliance on the commitment;(3) The USAID employee alleged to have made the informal commitment has affirmatively acknowledged responsibility for making the informal commitment in question; and(4) USAID has taken appropriate action to prevent recurrence.49 FR 13257, Apr. 3, 1984, as amended at 50 FR 16088, Apr. 24, 1985; 53 FR 4982, Feb. 19, 1988