[Federal Register Volume 64, Number 21 (Tuesday, February 2, 1999)]
[Rules and Regulations]
[Pages 5005-5011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2032]
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
U.S. Agency For International Development
48 CFR Parts 705, 706, 709, 716, 722, 731, 732, 745, 747, and 752
[AIDAR Notice 98-3]
RIN 0412-AA39
Miscellaneous Amendments to Acquisition Regulations
AGENCY: U.S. Agency for International Development (USAID), IDCA.
ACITON: Final rule.
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SUMMARY: The USAID Acquisition Regulation (AIDAR) is being amended to
bring its organizational conflicts of interest coverage into
conformance with the FAR; to implement the August 19, 1997 revisions to
Office of Federal Contract Compliance Programs (OFCCP) regulations (41
CFR Parts 60-1, 60-60) and corresponding amendments to FAR Subpart 22.8
contained in Federal Acquisition Circular 97-10, effective in February
1999; to allow for advances to for-profit organizations who award
grants under their contracts; to clarify the application of USAID's
salary policy to fixed-price contracts; and to update corresponding
clauses in Part 752, as needed. The AIDAR is also being amended to
incorporate provisions of various Contract Information Bulletins (CIBs)
issued in the past few years that established contracting policies or
procedures, and to make administrative changes or corrections.
EFFECTIVE DATE: March 4, 1999.
FOR ADDITIONAL INFORMATION CONTACT: M/OP/P, Ms. Diane M. Howard, (202)
712-0206.
SUPPLEMENTARY INFORMATION: The specific changes being made to the USAID
Acquisition Regulation (AIDAR) in this amendment are:
A. Contract Information Bulletin 91-3 provided the written
authorization of the Procurement Executive, as the Head of the Agency
and as required by FAR 5.502(a), to USAID Contracting Officers to place
advertisements and notices in newspapers and periodicals. We are
formally incorporating that authorization into the AIDAR at new section
705.502.
B. In January 1997, FAC 90-45 removed the Conflict of Interest
clauses at FAR sections 52.209-7 and 52.209-8. Because AIDAR sections
709.507-2 and 752.209-71 make reference to these FAR clauses, both
sections are amended to remove the references and to reflect the
current FAR language.
C. USAID decided to codify an award fee clause in the AIDAR, in
accordance with FAR 16.406(e), rather than establish a procedure for
review and approval of individual clauses. Already in use through CIB
97-12, the new clause at 752.216-70 is purposefully minimalist and
resembles FAR 52.216-8, Fixed Fee, rather than FAR 52.216-10, Incentive
Fee. This approach gives Contracting Officers the flexibility to design
their own award fee evaluation methods and specify the implementation
details elsewhere in the contract schedule.
D. In CIB 97-26, USAID implemented on an interim basis the
revisions in EEO compliance procedures made by the Department of Labor
to their regulations (41 CFR Ch. 60) in 1997 (62 FR 44173). On December
18, 1998, the FAR Councils published FAC 97-10 (63 FR 70264),
containing a Final Rule at Item III entitled ``Office of Federal
Contract Compliance Programs National Pre-Award Registry'' to implement
the DOL changes into the FAR. AIDAR Subpart 722.8 is revised to reflect
the FAR revisions in 48 CFR 22.8 (i.e., for other than construction
contracts, the increase in the threshold for OFCCP verification from
$1,000,000 to $10 million and the availability of OFCCP's National Pre-
Award Registry), and to clarify and simplify the internal Agency
procedures
[[Page 5006]]
for verifying compliance at any dollar level.
E. The applicability of USAID's salary policy, found in Chapter 302
of the Agency's internal Automated Directives System (ADS), to salaries
under fixed price-type contracts (including but not limited to time-
and-materials, labor-hour, or USAID's indefinite quantity contracts) is
ambiguous. We are amending sections 731.205-6 and 731.371 to clarify
that the salary approval policies in ADS 302, which are being revised
to clarify their applicability under different kinds of contract types,
will determine the allowability of employee compensation in USAID
contracts. ADS 302 will specify that the approval requirements only
apply when an individual's salary must be used in order to determine
the contract cost or price.
F. Under certain circumstances, USAID programs may authorize
contractors to award and administer small value grants under their
contracts. The current AIDAR language in section 732.402 requires
special approval for for-profit firms to receive advances, but does not
take into consideration the cash flow implications to the contractor in
a grants-under-contracts arrangement. We are amending 732.402 to allow
for-profit contractors to receive advances for immediate disbursement
to grantees, subject to the terms of this section. We are also adding a
new paragraph to section 732.406-73 to ensure that contracting officers
include a FAR payment clause in addition to the USAID Letter of Credit
clause (in AIDAR 752.232-70), in the event that the Letter of Credit is
revoked and an alternate payment clause is needed.
G. AIDAR 752.245-71 was written when most of USAID's overseas
programs used funds already obligated in bilateral project agreements
in which both USAID and the cooperating country agreed that non-
expendable property purchased with project funds would be titled to and
turned over to the cooperating country at the end of the project.
However, in recent years, an increasing number of our programs are
being carried out without a formal agreement between USAID and the
cooperating country, rendering the prescription for the clause
inappropriate since there is no underlying agreement to turn the
property over to the cooperating country. We are adding a new Part 745
and amending the prescription to AIDAR clause 745.245-71 to clarify
when this clause is to be used, and when the applicable FAR clauses, as
prescribed in FAR 45.106, are to be used. The revised clause
prescription was already implemented through CIB 96-26.
H. USAID processed a class deviation to FAR clause 752.247-64,
Preference for Privately Owned U.S.-Flag Commercial Vessels, and
implemented it through Contract Information Bulletin 96-28. The
deviation provides for the use of an alternate prescription and clause
in certain circumstances, as described in the clause prescription. We
are amending the AIDAR to add a new Part 747 and clause at section
752.247-70 to implement this deviation.
I. Section 752.7003, Documentation for Payment, is amended to
reflect changes the Agency has made in processing contractor invoices
involving electronic vouchering and the use of Contract Line Items
(CLINS).
J. CIB 97-27 implemented a new AIDAR clause requiring contractors
to submit Development Experience Documents, as defined in ADS 540,
produced in the course of contract performance to the Center for
Development Information and Evaluation (PPC/CDIE/DI) in the Bureau for
Policy and Program Coordination. This submission requirement was
previously included in the various versions of the ``Reports'' clause
(AIDAR 752.7026 and subsequent revisions issued through CIBs), but
because of changes we are making to progress reporting requirements, we
believe that this submission requirement should be a stand-alone
requirement and therefore are adding a new clause to the AIDAR.
K. Sections 752.7018 and 752.7019, both related to USAID's
participant training program, are amended to update the language to
incorporate changes to the policies and procedures in the program.
The changes being made by this notice are not considered
``significant'' under FAR 1.301 or FAR 1.501, and public comments have
not been solicited. This Notice will not have an impact on a
substantial number of small entities nor does it establish a new
collection of information as contemplated by the Regulatory Flexibility
Act and the Paperwork Reduction Act. Because of the nature and subject
matter of this Notice, use of the proposed rule/public comment approach
was not considered necessary. We decided to issue as a final rule;
however, we welcome public comment on the material covered by this
Notice or any other part of the AIDAR at anytime. Comments or questions
may be addressed as specified in the FOR FURTHER INFORMATION CONTACT
section of the Preamble.
List of Subjects, in 48 CFR Parts 705, 706, 709, 716, 722, 731,
732, 745, 747, and 752.
Government procurement.
For the reasons set out in the Preamble, 48 CFR Chapter 7 is
amended as set forth below.
1. The authority citations in Parts 705, 706, 709, 716, 722, 731,
732, and 752 continue to read as follows:
Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C.
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR
1979 Comp., p. 435.
PART 705--PUBLICIZING CONTRACT ACTIONS
705.502 [Added]
2. New section 705.502 is added to read as follows:
705.502 Authority.
(a) The Procurement Executive, acting as head of the Agency under
the authority of 702.170-13(c)(4), hereby authorizes USAID contracting
officers to place paid advertisements and notices in newspapers and
periodicals. Contracting officers shall document the contract file to
reflect consideration of the requirements of (48 CFR) FAR 5.101(b)(4).
PART 706--COMPETITION REQUIREMENTS
706.501 [Amended]
3. Section 706.501 is amended by removing ``(or equivalent)'' in
the second sentence and ``or equivalent'' in the fourth sentence.
PART 709--CONTRACTOR QUALIFICATIONS
709.503 [Amended]
4. The second sentence in section 709.503 is amended by revising
``had'' to read ``has'' and by revising ``acitivites'' to read
``activities''.
709.507-2 [Amended]
5. Section 709.507-2 is amended by revising paragraph (c) to read
as follows:
709.507-2 Contract clause.
* * * * *
(c) In order to avoid problems from organizational conflicts of
interest that may be discovered after award of a contract, the clause
found at 752.209-71 shall be inserted in all contracts whenever the
solicitation or resulting contract or both include a provision in
accordance with (48 CFR) FAR 9.507-1, or a clause in accordance with
(48 CFR) FAR 9.507-2, establishing a restraint on the contractor's
eligibility for future contracts.
[[Page 5007]]
PART 716--TYPES OF CONTRACTS
716.406 [Added]
6. A new section 716.406 is added to read as follows:
716.406 Contract clauses.
The Contracting Officer shall include the clause at 752.216-70,
Award Fee, in solicitations and contracts when an award-fee contract is
contemplated.
PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
722.8 [Revised]
7. Subpart 722.8 is revised to read as follows:
Subpart 722.8--Equal Employment Opportunity
722.805-70 Procedures.
(a) The procedures in this section apply, as appropriate, for all
contracts excluding construction, which shall be handled in accordance
with (48 CFR) FAR 22.804-2. Contracting officers are responsible for
ensuring that the requirements of (48 CFR) FAR 22.8 and related clauses
are met before awarding any contracts or consenting to subcontracts
subject to these requirements.
(b) Representations and Certifications. The first step in ensuring
compliance with these requirements is to obtain all necessary
representations and certifications (Reps and Certs) required by FAR
22.810. The contracting officer must review the Reps and Certs to
determine whether they have been completed and signed as required, and
are acceptable.
(1) If any of these Reps and Certs are incomplete or unsigned, the
contracting officer must request that the offeror(s) complete and sign
them, as necessary, unless the initial evaluation of the offeror's
proposal results in the contracting officer's concluding that the
offeror would not, in any event, be within a competitive range
determined in accordance with (48 CFR) FAR 15.306(c), or would not be
selected if award is to be made without discussions. A request as
described in this paragraph (b)(1) constitutes either a clarification
per (48 CFR) FAR 15.306(a) (``resolving minor or clerical errors'',
paragraph (a)(2)), or a communication before establishment of
competitive range per (48 CFR) FAR 15.306(b), not a discussion per (48
CFR) FAR 15.306(d).
(2) If completed and signed Reps and Certs raise questions
concerning the offeror's compliance with EEO requirements, or if the
contracting officer has information from any other source which calls
into question the offeror's eligibility for award based on this section
and (48 CFR) FAR 22.8, the contracting officer must refer the matter to
the cognizant regional Department of Labor Office of Federal Contract
Compliance Programs (OFCCP) regardless of the estimated value of the
contract; only OFCCP may make a determination of non-compliance with
EEO requirements.
(c) OFCCP's National Preaward Registry. If the Reps and Certs are
complete, signed, and deemed acceptable, and the contracting officer
has no reason to doubt their accuracy, the contracting officer must
then consult the OFCCP's National Preaward Registry at the internet
website in 48 CFR 22.805(a)(4) (i) to see if the offeror is listed.
(1) If the conditions stated in FAR 22.805(a) (4) are met
(including the contract file documentation requirement in paragraph
(a)(4)(iii)), then the Contracting Officer does not need to take any
further action in verifying the offeror's compliance with the
requirements of this subpart and (48 CFR) FAR 22.8.
(2) If the offeror does not appear in the National Preaward
Registry, and the estimated amount of the contract or subcontract is
expected to be under $10 million then the contracting officer may rely
on the Reps and Certs as sufficient verification of the offeror's
compliance.
(3) If the offeror does not appear in the National Preaward
Registry and the estimated amount of the contract or subcontract is $10
million or more, then the contracting officer must request a preaward
clearance from the appropriate OFCCP regional office, in accordance
with 48 CFR 22.805(a). If the initial contact with OFCCP is by
telephone, the contracting officer and OFCCP are to mutually determine
what information is to be included in the written verification request.
The contracting officer may need to provide the following information
in addition to the items listed in FAR 22.805(a)(5), if so requested by
the OFCCP regional office:
(i) Name, title, address, and telephone number of a contract person
for the prospective contractor;
(ii) A description of the type of organization (university,
nonprofit, etc.) and its ownership (private, foreign, state, etc.).
(iii) Names and addresses of the organizations in a joint venture
(if any).
(iv) Type of procurement (new contract--RFP or IFB, amendment,
etc.) and the period of the contract.
(v) Copy of approved Reps and Certs.
(d) In the event that OFCCP reports that the offeror is not in
compliance, negotiations with the offeror shall be terminated.
(e) documentation for the contract file. Every contract file must
contain completed and signed Reps and Certs. The file must clearly show
the these documents have been reviewed and accepted by the contracting
officer. If the Reps and Certs were revised to make them acceptable
(see paragraph (b) of this section), the file must also document what
changes were required and why, and verify that the changes were made.
The contracting officer shall also document the OFCCP National Preaward
Registry review (see paragraph (c)(1) of this section), and, if the
Registry does not include the offeror:
(1) For contracts or modifications over $10,000 but less than $10
million, the file must contain a statement from the contracting officer
that the contractor is considered in compliance with EEO requirements,
and giving the basis for this statement (see paragraph (c)(2) of this
section). This statement may be in a separate memorandum to the file or
in the memorandum of negotiation.
(2) For contracts or modifications of $10 million or more, the file
must document all communications with OFCCP regarding the offeror's
compliance. Such documentation includes copies of any written
correspondence and a record of telephone conversations, specifying the
name, address, and telephone number of the person contacted, a summary
of the information presented, and any advice given by OFCCP.
(f) Documentation in the event of non-compliance. In the event
OFCCP determines that a prospective contractor is not in compliance, a
copy of OFCCP's written determination, and a summary of resultant
action taken (termination of negotiations, notification of offeror and
cognizant technical officer, negotiation with next offeror in
competitive range, resolicitation, etc.) will be placed in the contract
file for any contract which may result, together with other records
related to unsuccessful offers, and retained for at least six months
following award.
PART 731--CONTRACT COST PRINCIPLES AND PROCEDURES
731.205-6 [Amended]
8. Section 731.205-6 is amended by adding a new paragraph (b) and
removing and reserving paragraph (d), to read as follows:
[[Page 5008]]
731.205-6 Compensation for personal services.
* * * * *
(b) Reasonableness. ADS Chapter 302.5.3 states USAID policy
regarding personnel compensation exceeding the maximum annual rate for
an Executive Service level ES-6. Consistent with this policy, any
employee's or consultant's base salary plus overseas recruitment
incentive, if any (see 731.205-70), subject to this policy will be
allowable under USAID-direct contracts only if approved in accordance
with the essential procedures in ADS chapter E302.5.3. USAID policies
on compensation of third country national or cooperating country
national employees are set forth in AIDAR 722.170.
* * * * *
731.371 [Amended]
9. Section 731.371 is amended by revising paragraph (b)(1) to read
as follows:
731.371 Compensation for personal services.
* * * * *
(b) Salaries and wages. (1) ADS Chapter 302.5.3 states USAID policy
regarding personnel compensation exceeding the maximum annual rate for
an Executive Service level ES-6. Consistent with this policy, any
employee's or consultant's base salary plus overseas recruitment
incentive, if any (see 731.205-70), subject to this policy will be
allowable under USAID-direct contracts only if approved in accordance
with the essential procedures in ADS chapter E302.5.3.
* * * * *
PART 732--CONTRACT FINANCING
732.402 [Amended]
10. Section 732.402 is amended by revising paragraph (e)(1) to read
as follows:
732.402 General.
* * * * *
(e)(1)(i) Except as provided in (e)(1)(ii) of this section, all
U.S. Dollar advances to for-profit organizations require the approval
of the Procurement Executive; all such approvals are subject to prior
consultation with the Agency's Chief Financial Officer.
(ii) Approval of the Procurement Executive is not required if
advance payments are limited exclusively to monies advanced for
immediate (within seven days) disbursement to grantees, as provided for
in a contract. Prior consultation with the AID/W or Mission Controller
is required for including such provision for advances in a contract.
* * * * *
732.406-73 [Amended]
11. Section 732.406-73 is amended by designating the existing text
as paragraph (a) and adding paragraph (b) to read as follows:
732.406-73 LOC contract clause.
* * * * *
(b) Contracting offices shall ensure that an appropriate (48 CFR)
FAR payment clause is also included in the contract, in the event that
the LOC is revoked pursuant to 732.406-74.
12. A new Part 745 is added to read as follows:
PART 745--GOVERNMENT PROPERTY
Subpart 745.1--General
745.106 Contract clauses.
Authority: Sec. 621, Pub. L. 787-195, 75 Stat. 445, (22 U.S.C.
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR
1979 Comp., p. 435.
Subpart 745.1--General
745.106 Contract clauses.
(a) The contracting officer shall insert the clause at 752.245-71
in all contracts under which the contractor will acquire property for
use overseas and the contract funds were obligated under a Strategic
Objective agreement (or similar agreement) with the cooperating
country.
(b) The contracting officer shall insert the applicable clause as
required in (48 CFR) FAR 45.106 in all contracts under which the
contractor will acquire property with funds not already obligated under
a Strategic Objective agreement (or similar agreement) with the
cooperating country.
13. A new Part 747 is added to read as follows:
PART 747--TRANSPORTATION
Subpart 747.5--Ocean Transportation by U.S.-Flag Vessels
747.507 Contract clauses.
Authority: Sec. 621, Pub. L. 98-195, 75 Stat. 445 (22 U.S.C.
2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR
1979 Comp., p. 435.
Subpart 747.5--Ocean Transportation by U.S.-Flag Vessels
747.507 Contract clauses.
Contracting officers shall insert the clause at 752.247-70 in
solicitations and contracts solely for ocean transportation services,
and in solicitations and contracts for goods and ocean transportation
services when the ocean transportation will be fixed at the time the
contract is awarded. Contracting Officers shall use (48 CFR) FAR
52.247-64 as prescribed in (48 CFR) FAR 27.507(a) in other situations.
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
752.204-2 [Amended]
14. Section 752.204-2 is amended by removing ``704.405'' in the
first paragraph and replacing it with ``704.404''.
752.209-71 [Amended]
15. Section 752.209-71 is amended by revising the introductory text
to read as follows:
752.209-71 Organizational conflicts of interest discovered after
award.
As prescribed in 709.507-2, include the following clause in any
solicitation containing a provision in accordance with (48 CFR) FAR
9.507-1, or a clause in accordance with (48 CFR) FAR 9.507-2,
establishing a restraint on the contractor's eligibility for future
contracts.
* * * * *
752.216-70 [Added]
16. Section 752.216-70 is added to read as follows:
752.216-70 Award fee.
As prescribed in 716.406, insert the following clause in
solicitations and contracts in which an award-fee contract is
contemplated.
Award Fee (May 1997)
(a) The Government shall pay the Contractor for performing this
contract such base fee and such additional fee as may be awarded, as
provided in the Schedule.
(b) Payment of the base fee and award fee shall be made as
specified in the Schedule; provided, that after payment of 85
percent of the base fee and potential award fee, the Contracting
Officer may withhold further payment of the base fee and award fee
until a reserve is set aside in an amount that the Contracting
Officer considers necessary to protect the Government's interest.
This reserve shall not exceed 15 percent of the total base fee and
potential award fee or $100,000, whichever is less. The Contracting
Officer shall release 75 percent of all fee withholds under this
contract after receipt of the certified final indirect cost rate
proposal covering the year of physical completion of this contract,
provided the Contractor has satisfied all other contract terms and
conditions, including the submission of the final patent and royalty
reports, and is not delinquent in submitting final vouchers on prior
years' settlements. The Contracting Officer may release up to 90
percent of the fee withholds under this contract based on
[[Page 5009]]
the Contractor's past performance related to the submission and
settlement of final indirect cost rate proposals.
(c) Award fee determinations made by the Government under this
contract are not subject to the Disputes clause.
(End of clause)
752.245-71 [Amended]
17. Section 752.245-71 is amended by revising the prescription to
read as follows:
752.245-71 Title to and care of property.
As prescribed in 745.106(a), the following clause shall be included
in all contracts when the contractor will acquire property under the
contract for use overseas and the contract funds were obligated under a
Strategic Objective agreement (or similar agreement) with the
cooperating country.
* * * * *
752.247-70 [Added]
18. A new section 752.247-70 is added to read as follows:
752.247-70 Preference for privately owned U.S.-flag commercial
vessels.
As prescribed in 747.507, insert the following clause:
Preference for Privately Owned U.S.-Flag Commercial Vessels (Oct. 1996)
(a) Under the provisions of the Cargo Preference Act of 1954 (46
U.S.C. 1241(b)) at least 50 percent of the gross tonnage of
equipment, materials, or commodities financed by USAID, or furnished
without provision for reimbursement, or at least 75 percent of the
gross tonnage of cargo moving under P.L. 480 financed by the U.S.
Department of Agriculture, that may be transported in ocean vessels
(computed separately for dry bulk carriers, dry cargo liners, and
tankers) shall be transported in privately owned U.S.-flag
commercial vessels.
(b) In accordance with USAID regulations and consistent with the
regulations of the Maritime Administration, USAID applies Cargo
Preference requirements on the basis of programs or activities that
generally include more than one contract. Thus, the amount of cargo
fixed on privately owned U.S.-flag vessels under this contract may
be more or less than the required 50 or 75 percent, depending on
current compliance with Cargo Preference requirements. If freight
under the contract is fixed on a U.S. flag vessel, Alternate I of
this clause shall apply.
(c)(1) The contractor shall submit one legible copy of a rated
on-board ocean bill of lading for each shipment to both the Division
of National Cargo, Office of Cargo Preference, Maritime
Administration, U.S. Department of Transportation, Washington, DC
20590, and the Transportation Division, Office of Procurement,
USAID, Washington, DC 20523-7900.
(2) The contractor shall furnish these bill of lading copies
within 20 working days of the date of loading for shipments
originating in the United States, or within 30 working days for
shipments originating outside the United States. Each bill of lading
copy shall contain the following information:
(i) Sponsoring U.S. Government agency.
(ii) Name of vessel.
(iii) Vessel flag registry.
(iv) Date of loading.
(v) Port of loading.
(vi) Port of final discharge.
(vii) Description of commodity.
(viii) Gross weight in pounds and cubic feet if available.
(ix) Total ocean freight revenue in U.S. dollars.
Alternate I
(d) If freight is fixed on a U.S. flag vessel, except as
provided in paragraph (e) of this clause, the contractor shall use
privately owned U.S. flag commercial vessels, and no others, in the
ocean transportation of any supplies to be furnished under this
contract.
(e) If such vessels are not available, or not available at rates
that are fair and reasonable for privately owned U.S. flag
commercial vessels, the Contractor shall notify the contracting
officer and request either authorization to ship in foreign-flag
vessels or designation of available U.S.-flag vessels. If the
Contractor is authorized in writing by the Contracting Officer to
ship the supplies in foreign-flag vessels, the contract price shall
be equitably adjusted to reflect the difference in costs of shipping
the suppliers in privately owned U.S.-flag commercial vessels and
foreign-flag vessels.
752.7003 [Amended]
19. The clause in section 752.7003 is amended by revising the
introductory paragraph, the date in the clause heading, paragraph (a),
and paragraph (d) to read as follows:
752.7003 Documentation for payment.
The following clause is required in all USAID direct contracts,
excluding fixed price contracts:
Documentation for Payment (Nov. 1998)
(a) Claims for reimbursement or payment under this contract must
be submitted to the Paying Office indicated in the schedule of this
contract. The cognizant technical officer (CTO) is the authorized
representative of the Government to approve vouchers under this
contract. The Contractor must submit either paper or fax versions of
the SF-1034--Public Voucher for Purchases and Services Other Than
Personal. Each voucher shall be identified by the appropriate USAID
contract number, in the amount of dollar expenditures made during
the period covered.
(1) The SF 1034 provides space to report by line item for
products or services provided. The form provides for the information
to be reported with the following elements:
Total Expenditures
[Document Number: XXX-X-XX-XXXX-XX]
----------------------------------------------------------------------------------------------------------------
Amt. vouchered to Amt. vouchered
Line item No. Description date this period
----------------------------------------------------------------------------------------------------------------
001..................................... Product/Service Desc. for Line $XXXX.XX $ XXXX.XX
Item 001.
002..................................... Product/Service Desc. for Line XXXX.XX XXXX.XX
Item 002.
-------------------------------------
Total............................. ................................ XXXX.XX XXXX.XX
----------------------------------------------------------------------------------------------------------------
(2) The fiscal report shall include the following certification
signed by an authorized representative of the Contractor:
The undersigned hereby certifies to the best of my knowledge and
belief that the fiscal report and any attachments have been prepared
from the books and records of the Contractor in accordance with the
terms of this contract and are correct: the sum claimed under this
contract is proper and due, and all the costs of contract
performance (except as herewith reported in writing) have been paid,
or to the extent allowed under the applicable payment clause, will
be paid currently by the Contractor when due in the ordinary course
of business; the work reflected by these costs has been performed,
and the quantities and amounts involved are consistent with the
requirements of this Contract; all required Contracting Officer
approvals have been obtained; and appropriate refund to USAID will
be made promptly upon request in the event of disallowance of costs
not reimbursable under the terms of this contract.
BY:--------------------------------------------------------------------
TITLE:-----------------------------------------------------------------
DATE:------------------------------------------------------------------
* * * * *
(d) The Contractor agrees that all approvals of the Mission
Director and the Contracting Officer which are required by the
provisions of this contract shall be preserved and made available as
part of the Contractor's records which are required to be presented
and made available by the clause of this contract entitled ``Audit
and Records--Negotiation''.
[[Page 5010]]
752.7005 [Added]
20. A new section 752.7005 is added to read as follows:
752.7005 Submission requirements for development experience documents.
The following clause shall be included in all USAID professional/
technical contracts in which development experience documents are
likely to be produced.
Submission Requirements for Development Experience Documents (Oct.
1997)
(a) Contract Reports and Information/Intellectual Products.
(1) The Contractor shall submit to the Development Experience
Information Division of the Center for Development Information and
Evaluation (PPC/DCIE/DI) in the Bureau for Policy and Program
Coordination, copies of reports and information products which
describe, communicate or organize program/project development
assistance activities, methods, technologies, management, research,
results and experience as outlined in the Agency's ADS Chapter 540,
section E540.5.2b(3). Information may be obtained from the Cognizant
Technical Officer (CTO). These reports include: assessments,
evaluations, studies, development experience documents, technical
reports and annual reports. The Contractor shall also submit to PPC/
CDIE/DI copies of information products including training materials,
publications, databases, computer software programs, videos and
other intellectual deliverable materials required under the Contract
Schedule. Time-sensitive materials such as newsletters, brochures,
bulletins or periodic reports covering periods of less than a year
are not to be submitted.
(2) Upon contract completion, the contractor shall submit to
PPC/CDIE/DI an index of all reports and information/intellectual
products referenced in paragraph (a)(1) of this clause.
(b) Submission requirements.
(1) Distribution. (i) The contractor shall submit contract
reports and information/intellectual products (referenced in
paragraph (a)(1) of this clause) in electronic format and hard copy
(one copy) to U.S. Agency for International Development PPC/CDIE/DI,
Attn: ACQUISITIONS, Washington D.C. 20523 at the same time
submission is made to the CTO.
(ii) The contractor shall submit the reports index referenced in
paragraph (a)(2) of this clause and any reports referenced in
paragraph (a)(1) of this clause that have not been previously
submitted to PPC/CDIE/DI, within 30 days after completion of the
contract to the address cited in paragraph (b)(1)(i) of this clause.
(2) Format. (i) Descriptive information is required for all
Contractor products submitted. The title page of all reports and
information products shall include the contract number(s),
contractor name(s), name of the USAID cognizant technical office,
the publication or issuance date of the document, document title,
author name(s), and strategic objective or activity title and
associated number. In addition, all materials submitted in
accordance with this clause shall have attached on a separate cover
sheet the name, organization, address, telephone number, fax number,
and Internet address of the submitting party.
(ii) The hard copy report shall be prepared using non-glossy
paper (preferably recycled and white or off-white) using black ink.
Elaborate art work, multicolor printing and expensive bindings are
not to be used. Whenever possible, pages shall be printed on both
sides.
(iii) The electronic document submitted shall consist of only
one electronic file which comprises the complete and final
equivalent of the hard copy submitted.
(iv) Acceptable software formats for electronic documents
include WordPerfect, Microsoft Word, ASCII, and Portable Document
Format (PDF). Submission in Portable Document format is encouraged.
(v) The electronic document submission shall include the
following descriptive information:
(A) Name and version of the application software used to create
the file, e.g., WordPerfect Version 6.1 or ASCII or PDF.
(B) The format for any graphic and/or image file submitted,
e.g., TIFF-compatible.
(C) Any other necessary information, e.g. special backup or data
compression routines, software used for storing/retrieving submitted
data, or program installation instructions.
752.7018 [Revised]
21. Section 752.7018 is revised to read as follows:
752.7018 Health and accident coverage for USAID participant trainees.
For use in any USAID contract under which USAID participants are
trained.
Health and Accident Coverage for USAID Participant Trainees (Jan. 1999)
(a) In accordance with the requirements of USAID Automated
Directive System (ADS) 253.5.6b, the Contractor shall enroll all
non-U.S. trainees (hereinafter referred to as ``participants''),
whose training in the U.S. is financed by USAID under this contract,
in USAID's Health and Accident Coverage (HAC) program. Sponsored
trainees enrolled in third-country or in-country training events are
not eligible for USAID's HAC program, but the Contractor may obtain
alternative local medical and accident insurance at contract
expense, provided the cost is consistent with the cost principles in
FAR 31.2
(b) When enrollment in the HAC program is required per paragraph
(a) of this clause, the Contractor must enroll each participant in
the HAC program through one of two designated contractors prior to
the initiation of travel by the participant. USAID has developed an
Agency-wide database training management system, the Training
Results and Information Network (``TraiNet''), which is the
preferred system for managing USAID's participant training program,
including enrollment in the HAC program. However, until such time as
the USAID sponsoring unit (as defined in ADS 253) has given the
Contractor access to USAID's ``TraiNet'' software for trainee
tracking and HAC enrollment, the Contractor must fill out and mail
the Participant Data Form (PDF) (Form USAID 1381-4) to USAID. The
Contractor can obtain information regarding each HAC program
contractor, including contact information, and a supply of the PDF
forms and instructions for completing and submitting them, by
contacting the data base contractor serving the Global Center for
Human Capacity Development (G/HCD).
(c) The Contractor must ensure that HAC enrollment begins
immediately upon the participant's departure for the United States
for the purpose of participating in a training program financed by
USAID, and that enrollment continues in full force and effect until
the participant returns to his/her country of origin, or is released
from USAID's responsibility, whichever is the sooner.
(1) The HAC insurance provider, not the Contractor, shall be
responsible for paying all reasonable and necessary medical
reimbursement charges not otherwise covered by student health
service or other insurance programs, subject to the availability of
funds for such purposes, in accordance with the standards of
coverage established by USAID under its HAC program and by the HAC
providers' contracts.
(2) After HAC enrollment, upon receipt of HAC services invoice
from the selected HAC provider, the Contractor shall submit payment
directly to the HAC provider.
(3) The Contractor is responsible for ensuring that participants
and any stakeholders (as defined in ADS 253) are advised that USAID
is not responsible for any medical claims in excess of the coverages
provided by the HAC program, or for medical claims not eligible for
coverage under the HAC program, or not otherwise covered in this
section.
(d) The Contractor, to the extent that it is an educational
institution with a mandatory student health service program, shall
also enroll participants in that institution's student health
service program. Medical costs which are covered under the
institution's student health service shall not be eligible for
payment under USAID's HAC program.
(e) If the Contractor has a mandatory, non-waivable health and
accident insurance program for students, the costs of such insurance
will be allowable under this contract. Any claims eligible under
such insurance will not be payable under USAID's HAC plan or under
this contract. Even though the participant is covered by the
Contractor's mandatory, non-waivable health and accident insurance
program, the participant MUST be enrolled in USAID's more
comprehensive HAC program.
(f) Medical conditions pre-existing to the participant's
sponsorship for training by USAID, discovered during the required
pre-departure medical examination, are grounds for ineligibility for
sponsorship unless specifically waived by the sponsoring unit, and
covered through a separate insurance policy maintained by the
participant or his employer, or a letter of guarantee from the
participant or the employer (which thereby
[[Page 5011]]
assumes liability for any related charges that might materialize.
See ADS 253).
752.7019 [Revised]
22. Section 752.7019 is revised to read as follows:
752.7019 Participant training.
For use in any USAID direct contract involving training of USAID
participants.
Participant Training (Jan. 1999)
(a) Definitions.
(1) Participant training is the training of any foreign national
outside of his or her home country, using USAID funds.
(2) A Participant is any foreign national being trained under
this contract outside of his or her country.
(b) Applicable regulations. Participant training conducted under
this contract shall comply with the policies and essential
procedures pertaining to training-related services contained in
USAID Automated Directive System (ADS) Ch. 253 ``Training for
Development Impact''. Any exceptions to ADS 253 requirements are
specified as such within this contract. The current version of
Chapter 253 may be obtained directly from the USAID website at
http://www.info.usaid.gov/pubs/ads/200.
(c) The contractor shall be reimbursed for the reasonable and
allocable costs incurred in providing training to participants in
the United States or other approved location provided such costs do
not exceed the limitations in, or have been waived in accordance
with, ADS 253.5.5.
Note: Academic rates are available through a special website
monitored by the United States Information Agency. The website for
academic programs is: http://www.iie.org/fulbright/posts/restrict.
U.S.-based participants receive the standardized U.S. travel per
diem rates maintained by GSA for short-term training (website:http:/
/policyworks.gov).
Dated: January 13, 1999.
Kathryn Y. Cunningham,
Acting Procurement Executive.
[FR Doc. 99-2032 Filed 2-1-99; 8:45 am]
BILLING CODE 6116-01-M
