[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Pages 39453-39469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18601]
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
48 CFR Chapter 7, Appendix D
[AIDAR Notice 97-2]
RIN 0412-AA-31
Direct USAID Contracts for Personal Services Abroad
AGENCY: Agency for International Development, IDCA.
ACTION: Final rule.
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SUMMARY: The AID Acquisition Regulation is being amended by revising
and updating Appendix D, ``Direct-USAID Contracts with a U.S. Citizen
or a U.S. Resident Alien for Personal Services Abroad'' in its
entirety.
DATES: This rule is effective August 22, 1997.
FOR FURTHER INFORMATION CONTACT: M/OP/P, Mrs. Patricia L. Bullock,
(703) 875-1534.
SUPPLEMENTARY INFORMATION: Specific changes to Appendix D include: (1)
Removing the justification requirement for advisory and assistance
services; (2) changing references to USAID's Handbook system, when
possible, to the respective numbered reference in the Automated
Directive System (ADS); (3) changing language to reflect the new
identification of work in the New Management System (NMS); (4) revision
of the Cover Page to reflect the coding in the NMS, as well as other
administrative changes; (5) changing the class justification to apply
only to those USPSCs contracted for in the Cooperating Country, and
requiring the PSCs recruited outside the Cooperating Country be
publicized on the Internet; (6) a clarification regarding who a USPSC
may supervise; (7) removal of Prompt Pay language; (8) revising
physical fitness and health room privileges by correcting amounts to be
reimbursed for medicals for children 12 or under; (9) provision of a
consumables allowance where appropriate; (10) revision of awards
language to allow non-monetary awards; (11) adding the requirement that
all USPSC positions must be classified and that approvals are required
for certain positions; (12) incorporation of an optional schedule to be
used for USPSCs when it is anticipated that incremental recurring cost
funding will occur; (13) changing FS-1 salary to ES-6; and (14) adding
guidance regarding subcontracting.
The changes being made by this rule are not considered
``significant'' under FAR 1.301 or FAR 1.501, and public comments have
not been solicited. This rule will not have an impact on a substantial
number of small entities or require any information collection, as
contemplated by the Regulatory Flexibility Act or the Paper Work
Reduction Act respectively. Because of the nature and subject matter of
this rule, 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 rule 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.
Accordingly, for the reasons set forth above and under the
authority of 22 U.S.C. 2381, as amended and E.O. 12163 of Sept. 29,
1979, Appendix D of 48 CFR Chapter 7 is revised to read as follows:
APPENDIX D--DIRECT USAID CONTRACTS WITH A U.S. CITIZEN OR A U.S.
RESIDENT ALIEN FOR PERSONAL SERVICES ABROAD
1. General. (a) Purpose. This appendix sets forth the authority,
policy, and procedures under which USAID contracts with a U.S.
citizen or U.S. resident alien for personal services abroad.
(b) Definitions. (1) Personal services contract (PSC) means a
contract that, by its express terms or as administered, make the
contractor personnel appear, in effect, Government employees (see
FAR 37.104).
(2) Employer-employee relationship means an employment
relationship under a service contract with an individual which
occurs when, as a result of the contract's terms or the manner of
its administration during performance, the contractor is subject to
the relatively continuous supervision and control of a Government
officer or employee.
(3) Non-person services contract means a contract under which
the personnel rendering the services are not subject either by the
contract's terms or by the manner of its administration, to the
supervision and control usually prevailing in relationships between
the Government and its employees.
(4) Independent contractor relationship means a contract
relationship in which the contractor is not subject to the
supervision and control prevailing in relationships between the
Government and its employees. Under this relationship, the
Government does not normally supervise the performance of the work,
control the days of the week or hours of the day in which it is to
be performed, or the location of performance.
(5) Resident hire means a U.S. citizen who, at the time of hire
as a PSC, resides in the cooperating country as a spouse or
dependent of a U.S. citizen employed by a U.S. government agency or
under any U.S. government-financed contract or agreement, or for
reasons other than for employment with a U.S. government agency or
under any U.S. government-financed contract or agreement. A U.S.
citizen for purposes of this definition also includes persons who at
the time of contracting are lawfully admitted permanent residents of
the United States.
(6) U.S. resident alien means a non-U.S. citizen lawfully
admitted for permanent residence in the United States.
(7) Abroad means outside the United States and its territories
and possessions.
(8) USAID direct-hire employees means civilian employees
appointed under USAID Handbook 25 procedures or superseding
Automated Directive System (ADS) Chapters.
2. Legal Basis. (a) Section 635(b) of the Foreign Assistance Act
of 1961, as amended (hereinafter referred to as the ``FAA'')
provides the Agency's contracting authority.
(b) Section 636(a)(3) of the FAA (22 U.S.C. 2396(a)(3))
authorizes the Agency to enter into personal services contracts with
individuals for personal services abroad and provides further that
such individuals ``* * * shall not be regarded as employees of the
U.S. Government for the purpose of any law administered by the Civil
Service Commission.'' \1\
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\1\ The Civil Service Commission is now the Federal Office of
Personnel Management.
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3. Applicability. (a) This appendix applies to all personal
services contracts with U.S. citizens or U.S. resident aliens to
provide assistance abroad under Section 636(a)(3) of the FAA.
(b) This appendix does not apply to:
(1) Nonpersonal services contracts with U.S. citizens or U.S.
resident aliens; such contracts are covered by the basic text of the
FAR (48 CFR Chapter 1) and the AIDAR (48 CFR Chapter 7).
(2) Personal services contracts with individual Cooperating
Country Nationals (CCNs) or Third Country Nationals (TCNs). Such
contracts are covered by Appendix J of this chapter.
(3) Other personal services arrangements covered by USAID
Handbook 25--Employment and Promotion or superseding ADS Chapters.
(4) Interagency agreements (e.g., PASAs and RSSAs covered by ADS
306--Interagency Agreements.
4. Policy. (a) General. USAID may finance, with either program
or operating expense (OE) funds, the cost of personal services
contracts as part of the Agency's program of foreign assistance by
entering into a direct contract with an individual U.S. citizen or
U.S. resident alien for personal services abroad.
(1) Program funds. Under the authority of Section 635(h) of the
FAA, program funds may be obligated for periods up to five years
where necessary and appropriate to the accomplishment of the tasks
involved.
(2) Operating Expense Funds. Pursuant to USAID budget policy, OE
funded salaries and other recurrent cost items may be forward funded
for a period of up to three (3) months
[[Page 39454]]
beyond the fiscal year in which these funds were obligated. Non-
recurring cost items may be forward funded for periods not to exceed
twenty-four (24) months where necessary and appropriate to
accomplishment of the work.\2\
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\2\ If there is a need, these contracts may be written for 5
years also but funded only as outlined in paragraph 4(a) of this
Appendix.
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(b) Limitations on Personal Services Contracts. (1) Personal
services contracts may only be used when adequate supervision is
available.
(2) Personal services contracts may be used for commercial
activities. Commercial activities provide a product or service which
could be obtained from a commercial source. See Attachment A of OMB
Circular A-76 for a representative list of such activities.
(3) Notwithstanding any other provision of USAID directives,
regulations or delegations, U.S. citizen personal services
contractors (USPSCs) may be delegated or assigned any authority,
duty or responsibility delegable to U.S. citizen direct-hire
employees (USDH employees) except that:
a. They may not supervise U.S. direct-hire employees of USAID or
other U.S. Government agencies. They may supervise USPSCs and non-
U.S. citizen employees.
b. They may not be designated as Contracting Officers or
delegated authority to sign obligating or subobligating documents.
c. They may represent the agency, except that communications
that reflect a final policy, planning or budget decision of the
agency must be cleared by a USDH employee.
d. They may participate in personnel selection matters, but may
not be delegated authority to make a final decision on personnel
selection.
e. Exceptions to the limitations in this paragraph (b)(3) must
be approved by the Assistant Administrator for Management (AA/M).
(c) Withholdings and Fringe Benefits. (1) Personal services
contractors (PSCs) are Government employees for purposes of the
Internal Revenue Code (Title 26 of the United States Code) and are,
therefore, subject to social security (FICA) and Federal income tax
(FIT) withholdings. As employees, they are ineligible for the
``foreign earned income'' exclusion under the Internal Revenue
Service (IRS) regulations (see 26 CFR 1.911-3(c)(3)).
(2) Personal services contractors are treated on par with other
Government employees, except for programs based on any law
administered by the Federal Office of Personnel Management (e.g.,
incentive awards, life insurance, health insurance, and retirement
programs covered by 5 CFR Parts 530, 531, 831, 870, 871, and 890).
While PSCs are ineligible to participate in any of these programs,
the following fringe benefits are provided as a matter of policy:
(i) The employer's FICA contribution for retirement purposes.
(ii) A contribution against the actual cost of the PSC's annual
health and life insurance costs. Proof of health and life insurance
coverage and its actual cost to the PSC shall be submitted to the
Contracting Officer before any contribution is made. (See also
paragraph 4(c)(3) of this Appendix.)
(A) The contribution for health insurance shall not exceed 50%
of the actual cost to the PSC for his/her annual health insurance,
or the maximum U.S. Government contribution for a direct-hire
employee, as announced annually by the Office of Personnel
Management, whichever is less. If the PSC is covered under a
spouse's health insurance plan, where the spouse's employer pays
some or all of the health insurance costs, the cost to the PSC for
annual health insurance shall be considered to be zero.
(B) The contribution for life insurance shall be up to 50% of
the actual annual costs to the PSC for life insurance, not to exceed
$500.00 per year.
(iii) PSCs shall receive the same percentage pay comparability
adjustment as U.S. Government employees subject to the availability
of funds.
(iv) PSCs shall receive a 3% annual salary increase subject to
satisfactory performance documented in their annual written
evaluation. Such increase may not exceed 3% without a deviation.
This 3% limitation also applies to extensions of the same service or
negotiations for a new contract for the same or similar services
unless a deviation has been approved.
(v) PSCs shall receive the following allowances and
differentials provided in the State Department's Standardized
Regulations (Government Civilians Foreign Areas) on the same basis
as U.S. Government employees (except for U.S. resident hires, see
paragraph 4(d) and Section 12, General Provisions, Clause 22, ``U.S.
Resident Hire Personal Services Contractors''):
(A) Temporary lodging allowance (Section 120),\3\
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\3\ Mission Directors may authorize per diem in lieu of these
allowances.
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(B) Living quarters allowance (Section 130),\3\
(C) Post allowance (Section 220),\3\
(D) Supplemental post allowance (Section 230),\3\
(E) Separate maintenance allowance (Section 260),\4\
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\4\ These allowances are not authorized for short tours (i.e.,
less than a year).
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(F) Education allowance (Section 270),\4\
(G) Educational travel (Section 280),\4\
(H) Post differential (Section 500),
(I) Payments during evacuation/authorized departure (Section
600), and
(J) Danger pay (Section 650).
(vi) Any allowance or differential that is not expressly stated
in paragraph 4(c)(2)(v) is not authorized for any PSC unless a
deviation is approved. The only exception is a consumables allowance
if authorized for the post under Handbook 22 or superseding ADS
Chapter.
(vii) Health room services may be provided in accordance with
the clause of this contract entitled ``Physical Fitness and Health
Room Privileges.''
(viii) PSCs are eligible to receive benefits for injury,
disability, or death under the Federal Employees' Compensation Act
since the law is administered by the Department of Labor not the
Office of Personnel Management.
(ix) PSCs are eligible to earn four hours of annual leave and
four hours of sick leave for each two week period. However, PSCs
with previous PSC service (not previous U.S. Government civilian or
military service) earn either six hours of annual leave for each two
week period if their previous PSC service exceeds 3 years (including
10 hours annual leave for the final pay period of a calendar year),
or eight hours of annual leave for each two week period if their
previous PSC service exceeds 15 years.
(3) A PSC who is a spouse of a current or retired Civil Service,
Foreign Service, or Military Service member and who is covered by
their spouse's Government health or life insurance policy is
ineligible for the contribution under paragraph 4(c)(2)(ii) of this
appendix.
(4) Retired U.S. Government employees shall not be paid
additional contributions for health or life insurance under their
contract (since the Government will normally have already paid its
contribution for the retiree) unless the employee can prove to the
satisfaction of the Contracting Officer that his/her health and life
insurance does not provide or specifically excludes coverage
overseas. If coverage overseas is excluded, then eligibility as
cited in paragraph 4(c)(3) applies.
(5) Retired U.S. Government employees may be awarded Personal
Services Contracts without any reduction in or offset against their
Government annuity.
(d) U.S. Resident Hire Personal Services Contractors. U.S.
resident-hire PSCs are not eligible for any fringe benefits (except
contributions for FICA, health insurance, and life insurance),
including differentials and allowances unless such individuals can
demonstrate to the satisfaction of the Contracting Officer that they
have received similar benefits and allowances from their immediately
previous employer in the cooperating country, or the Mission
Director may determine that payment of such benefits would be
consistent with the Mission's policy and practice and would be in
the best interests of the U.S. Government.
(e) Determining Salary for Personal Services Contractors. (1)
There are two separate and distinct methods of establishing a salary
for personal services contractors. Use of method number 1 is
required unless justified and approved as provided for in paragraph
(e)(1)(ii).
(i) Method 1: Salaries for Personal Services Contractors shall
be established based on the market value in the United States of the
position being recruited for. This requires the Contracting Officer
in coordination with the Technical Officer to determine the correct
market value (a salary range) of the position to be filled. This
method is required in establishing salary for all PSCs unless method
2 is authorized as provided for in paragraph (e)(1)(ii). Contract
Information Bulletin (CIB) 96-8 dated February 23, 1996 provides a
guide which contains information concerning Preparation of Scopes of
Work, Determination of Salary Class Grade, Salary Class Bench Marks
and Salary Class Review. The market value of the position then
becomes the basis along with the applicants' certified salary
history on the SF 171, ``Personal Qualifications Statement'' for
salary negotiations by the Contracting Officer. The SF 171 must be
retained in the
[[Page 39455]]
permanent contract file. Any position which is determined to be
above the GS-13 equivalent and exceeds six months in duration must
be classified by M/HR/POD. The crucial point is the establishment of
a realistic and reasonable market value for a job. The final
determination regarding the reasonableness of a salary level rests
with the Contracting Officer. Paying salaries using this method
avoids ``rank in person'' salaries which are in excess of the value
of the job being contracted for.
(ii) Method 2: If approved in writing by the Mission Director or
the cognizant Assistant Administrator, based on written
justification, salary may be negotiated based on the applicant's
current earnings adjusted in accordance with the factors set out in
paragraphs (e)(1)(ii) (A) through (C). This approval requirement
cannot be redelegated. Current earnings must be certified by the
contractor on the SF 171, (see paragraph 6(b)(3) of this appendix).
This is guidance for establishing initial salaries, not subsequent
increases, for the same contractor performing the same function.
(A) As a rule, up to a 3 percent increase above current earnings
may be given. However, a 3 percent increase is awarded only to a PSC
whose earnings are based on a period of twelve months or more; 2
percent for established earnings of less than twelve months but not
less than four months; or 1 percent for established earnings during
the past four months.
(B) Additional percentages may be given for the following
factors. If a PSC has worked in a developing country for more than
two years, an additional 1 percent may be awarded. Education related
to the area of specialization and above the minimum qualification
required may warrant an additional 1 percent, and those specialties
for which there is keen competition in the employment market or a
serious shortage category nationwide may be awarded an additional 2
percent. In addition, related technical experience over 5 years may
increase the percentage by 1 and over ten years by 3.
(C) All requests for an initial rate of pay above 10 percent
over current earnings must be approved in writing by the appropriate
Assistant Administrator or Mission Director. Current earnings are
actual earnings for work reasonably related to the position for
which the applicant is being considered. Paragraphs 4(e)(1)(ii) (A)
through (C) apply only to salary setting method number 2 in
paragraph 4 (e)(1)(ii).
(2) When an applicant has no current earnings history (e.g., a
person returning to the workforce after an absence of a number of
years) or when an applicant's current earnings history doesn't
accurately reflect the applicant's job market worth (e.g., a Peace
Corps volunteer), every effort should be made to establish a market
value for the position as a basis for negotiation, notwithstanding
the lack of a current earnings history, provided that the applicant
has the full qualifications for the job and could command a similar
salary in the open job market.
(3) Salaries in excess of the ES-6 level must also be approved
by the Procurement Executive based upon a memorandum through the
appropriate Assistant Administrator or Mission Director and
Contracting Officer, as provided for in internal guidelines on
``Approval Procedures for Contractor Salaries''. This approval level
cannot be redelegated.
(f) Incentive Awards. U.S. PSCs are not eligible to receive
monetary awards. They are eligible for non-monetary awards such as
certificates.
(g) Annual Salary Increase. PSC contracts written for more than
one year should provide for a 3% annual increase based on
satisfactory performance documented in their annual written
evaluations.
(h) Pay Comparability Adjustment. PSCs shall receive the same
percentage pay comparability adjustment as that received by U.S.
Government employees subject to the availability of funds.
(i) Subcontracting. PSCs are U.S. Government employees and may
not be called upon (or permitted) to subcontract out any part of
their work. Funds for subcontracting have no place in the budget of
a personal services contract. Support services, equipment, and
supplies (e.g., typing and report preparation, paper, pens,
computers, and furniture) should be furnished to PSCs just as they
would be to direct-hire employees. To the extent that direct-hire
personnel may be authorized to purchase supporting services or
supplies under a travel authorization, so may PSCs; otherwise,
contracts for personal services should not contain any funds for
procurement.
5. Soliciting for Personal Services Contracts. (a) Technical
Officer's Responsibilities. The Technical Officer will prepare a
written detailed statement of duties and a statement of minimum
qualifications to cover the position being recruited for. The
statement shall be included in the procurement request (the
Acquisition & Assistance Request Document) e.g., the request shall
also include the following additional information as a minimum:
(1) The specific foreign location(s) where the work is to be
performed, including any travel requirements (with an estimate of
frequency);
(2) The length of the contract, with beginning and ending dates,
plus any options for renewal or extension;
(3) The basic education, training, experience, and skills
required for the position;
(4) An estimate of what a comparable GS/FS equivalent position
should cost, including basic salary, allowances, and differentials,
if appropriate; and
(5) A list of Government or host country furnished items (e.g.,
housing).
(b) Contracting Officer's Responsibilities. (1) The Contracting
Officer will prepare the solicitation for personal services which
shall contain:
(i) Three sets of SF 171s and SF 171As. (Upon receipt, one copy
of each SF 171 and SF 171A shall be forwarded to the Project
Officer.)
(ii) A detailed statement of duties or a completed position
description for the position being recruited for.
(iii) A copy of the prescribed contract Cover Page, Contract
Schedule, General Provisions as appropriate, as well as the FAR
Clauses to be incorporated in full text and by reference.
(iv) A copy of the USAID General Notice entitled ``Employee
Review of the New Standards of Conduct''.
(2) The Contracting Officer shall comply with the requirements
of (48 CFR) AIDAR 706.302-70(c) as detailed in paragraph 5(c) except
those recruited from the U.S.
(c) Competition. (1) Under (48 CFR) AIDAR 706.302-70(b)(1),
Personal Services Contracts (except those recruited from the U.S.)
are exempt from the requirements for full and open competition with
two limitations that must be observed by Contracting Officers:
(i) Offers are to be requested from as many potential offerors
as is practicable under the circumstances, and
(ii) A justification supporting less than full and open
competition must be prepared in accordance with FAR 6.303.
(2) PSCs With Untied States Citizens or Resident Aliens
Recruited from Outside the Cooperating Country. Solicitations for
PSCs recruited outside the cooperating country must be publicized
via the Agency's External Home Page on the Internet under the
caption ``Business & Procurement, USAID Procurements.'' Instructions
regarding how to access the External Internet and the information to
be provided have been approved and included in a CIB. A
justification under FAR 6.303 is not required when this procedure is
followed.
(3) A class justification was approved by the USAID Procurement
Executive to satisfy the requirements of (48 CFR) AIDAR 706.302-
70(c)(2) for a justification in accordance with FAR 6.303. This
class justification for Personal Services Contracts with U.S.
Citizens may only be used for those who are recruited locally
subject to the following conditions:
(i) The position was publicized locally in accordance with
established Mission policy or procedure, or the procedures in
paragraph 5(c)(ii) was followed;
(ii) As an alternative to the procedures in paragraphs 5(c) (i)
and (ii), at least 3 individuals were considered by consulting
source lists (e.g., applications or resumes on hand) or conducting
other informal solicitation.
(iii) Extensions or renewals with the same individual for
continuing services do not need to be publicized.
(iv) A copy of the class justification (which was distributed to
all USAID Contracting Officers via Contract Information Bulletin)
must be included in the contract file, together with a written
statement, signed by the Contracting Officer, that the contract is
being awarded pursuant to (48 CFR) AIDAR 706.302-70(b)(1); that the
conditions for use of this class justification have been met; and
that the cost of the contract is fair and reasonable.
(4) If the appropriate competitive procedure in paragraph 5(3)
is not followed, the Contracting Officer must prepare a separate
justification as required under (48 CFR) AIDAR 706.302-70(c)(2).
(5) Since the award of a Personal Services Contract is based on
technical qualifications, not price, and since the SF 171,
``Personal
[[Page 39456]]
Qualifications Statement'', and SF 171A, ``Continuation Sheet for
Standard Form 171'', are used to solicit for such contracts, FAR
subparts 15.4 and 15.5 and FAR parts 52 and 53 are inappropriate and
shall not be used. Instead, the solicitation and selection
procedures outlined in this Appendix shall govern.
6. Negotiating a Personal Services Contract. Negotiating a
Personal Services Contract is significantly different from
negotiating a nonpersonal services contract because it establishes
an employer-employee relationship; therefore, the selection
procedures are more akin to the personnel selection procedures.
(a) Technical Officer's Responsibilities. The Technical Officer
shall be responsible for reviewing and evaluating the applications
(i.e., SF 171s) received in response to the solicitation issued by
the Contracting Officer. If deemed appropriate, interviews may be
conducted with the applicants before the final selection is
submitted to the Contracting Officer.
(b) Contracting Officer's Responsibilities. (1) The Contracting
Officer shall forward a copy of each SF 171 received under the
solicitation to the Project Officer for evaluation.
(2) On receipt of the Technical Officer's recommendation, the
Contracting Officer shall conduct negotiations with the recommended
applicant. Normally, the Contracting Officer shall negotiate only
the salary (see the salary setting coverage in paragraph 4(e) of
this Appendix). The terms and conditions of the contract, including
differentials and allowances, are not negotiable or waivable without
a properly approved deviation (see (48 CFR) AIDAR 701.470). If the
Contracting Officer can negotiate a salary that is fair and
reasonable, then the award shall be made.
(3) The Contracting Officer shall use the certified salary
history on the SF 171 as the basis for salary negotiations, along
with the market value of the position being recruited for (unless
approval not to use market value has been granted under paragraph
4(e)(1)(ii)), and the Technical Officer's cost estimate.
(4) The Contracting Officer will obtain two copies of IRS Form
W-4, ``Employee's Withholding Allowance Certificate'', from the
successful applicant. (Upon receipt, the Contracting Officer will
forward one copy of the W-4 to the Office of the Controller.)
(5) Security clearance is required for all U.S. citizens
entering into USAID PSCs. The Contracting Officer will obtain four
sets of SF 86, ``Security Investigation Data for Sensitive
Position'', from the successful applicant and forward them to the
Office of Security. PSCs may receive a preliminary clearance and be
placed under contract prior to receipt of clearance provided the
appropriate paper work has been completed, reviewed by IG/SEC/PSI
and acknowledged as a ``no objection'' to the appropriate Mission.
See General Provision 24 in section 12 of this Appendix.
7. Executing a Personal Services Contract. Contracting Officers
or Heads of Contracting Activities, whether USAID/W or Mission, may
execute Personal Services Contracts, provided that the amount of the
contract does not exceed the contracting authority that has been
redelegated to them. In executing a Personal Services Contract, the
Contracting Officer is responsible for insuring that:
(a) The proposed contract is within his/her delegated authority;
(b) A Request Number covering the proposed contract has been
received;
(c) The position has been classified by either the Mission or M/
HR/POD (see CIB 96-8) and the classification is in the contract
file;
(d) The proposed Statement of Duties is contractible, contains a
statement of minimum qualifications from the technical office
requesting the services, and is suitable to the use of a Personal
Services Contract in that:
(1) Performance of the proposed work requires or is best suited
for an employer-employee relationship, and is thus not suited to the
use of a non-personal services contract;
(2) The Statement of Duties does not require performance of any
function normally reserved for Federal employees (see paragraph 4(b)
of this Appendix); and
(3) There is no apparent conflict of interest involved (if the
Contracting Officer believes that a conflict of interest may exist,
the question should be referred to the cognizant legal counsel);
(e) Selection of the contractor is documented and justified. (48
CFR) AIDAR 706.302-70(b)(1) provides an exception to the requirement
for full and open competition for Personal Services Contracts abroad
(see paragraph 5(c) of this Appendix);
(f) The standard contract format prescribed for Personal
Services Contracts (Sections 10, 11, 12 and 13 to this Appendix) is
used; or that any necessary deviations are processed as required by
(48 CFR) AIDAR 701.470.
(Note: The prescribed contract format is designed for use with
contractors who are residing in the U.S. when hired. If the contract
is with a U.S. citizen residing in the cooperating country when
hired, contract provisions governing physical fitness and travel/
transportation expenses, and home leave, allowances, and orientation
should be suitably modified (see paragraph 4(d) of this Appendix)).
These modifications are not considered deviations subject to (48
CFR) AIDAR 701.470. (Justification and explanation of these
modifications is to be included in the contract file);
(g) Orientation is arranged in accordance with General Provision
23 in section 12 of this Appendix;
(h) The contractor has submitted the names, addresses, and
telephone numbers of at least two persons who may be notified in the
event of an emergency (this information is to be retained in the
contract file);
(i) The contract is complete and correct and all information
required on the contract Cover Page (USAID Form 1420-36A) has been
entered;
(j) The contract has been signed by the Contracting Office and
the contractor, and fully executed copies are properly distributed;
(k) The following clearances, approvals and forms have been
obtained, properly completed, and placed in the contract file before
the contract is signed by both parties;
(1) Evidence of job classification in the file by the Mission
except for grade equivalents above GS-13. For those positions with
grade equivalent above GS-13, evidence of job classification done by
M/HR/POD;
(2) Security clearance, including the completed SF 86, to the
extent required by USAID Handbook 6, Security or superseding ADS
Chapter, (see General Provisions 14 and 24 in section 12 of this
Appendix);
(3) Mission, host country, Human Resources Office, and technical
office clearance, as appropriate;
(4) Medical examinations and certifications as required by the
contract general provision entitled ``Physical Fitness and Health
Room Privileges'';
(5) One original executed IRS Form W-4 entitled ``Employee's
Withholding Allowance Certificate'', and one copy, shall be
obtained. The original shall be sent to the Controller of the paying
office and one shall be placed in the contract file;
(6) Evidence of DAA/HR clearance that the position may be filled
by PSC.
(7) The approval for any salary in excess of ES-6, in accordance
with Appendix G of this chapter;
(8) A copy of the class justification or other appropriate
explanation and support required by (48 CFR) AIDAR 706.302-70, if
applicable;
(9) Any deviation to the policy or procedures of this appendix,
processed and approved under (48 CFR) AIDAR 701.470;
(10) A fully executed SF 171, and a copy of the position
classification, and approved deviation, if appropriate;
(11) The Memorandum of Negotiation; and
(12) The Contracting Officer's signed certification that
competition requirements have been satisfied as described in
paragraph 5(c) of the policy text of this Appendix. The
certification shall be a part of the Memorandum of Negotiations.
(l) Funds for the contract are properly obligated to preclude
violation of the Anti-Deficiency Act, 31 U.S.C. 1341 (the
Contracting Officer ensures that the contract has been properly
recorded by the appropriate accounting office prior to its release
for the signature of the selected contractor);
(m) The contractor receives and understands the USAID General
Notice entitled ``Employee Review of the New Standards of Conduct''
and a copy is attached to each contract as provided for in paragraph
(c) of General Provision 1, section 12;
(n) Agency conflict of interest requirements as set out in the
General Notice ``Employee Review of the New Standards of Conduct''
are met by the contractor prior to his/her reporting for duty;
(o) A copy of a Checklist for Personal Services contractors
which may be in the format set out in this section or another format
convenient for the Contracting Officer, provided that a memorandum
containing all of the information described in this section 7 shall
be prepared for each PSC and placed in the contract file;
(p) The contractor understands that he/she is an employee of the
United States for purposes of the Foreign Assistance Act of 1961, as
amended, and the Internal Revenue
[[Page 39457]]
Code (Title 26 of the United States Code). This subjects the
employee to withholding for both FICA and Federal Income Tax and
precludes the employee from receiving the Federal Earned Income Tax
exclusion of 26 U.S.C. Section 911. See Special Note on the Cover
Page of USAID Form 1420-36.
(q) The contractor also understands that he/she may commence
work prior to the completion of the security clearance. However,
until such time as clearance is received, the contractor may not
have access to classified or administratively controlled materials.
Failure to obtain clearances will constitute cause for termination.
8. Post Audit. The Inspector General, or his/her designee,
audits the Personal Services Contracts of all contracting activities
for the purpose of ensuring conformance to applicable policy and
regulations.
9. Contracting Format. The prescribed Contract Cover Page,
Contract Schedule, General Provisions, and appropriate Federal
Acquisition Regulations (FAR) clauses for Personal Services
Contracts covered by this appendix are included as follows:
10. Form USAID 1420-36, ``Cover Page'' and ``Schedule''.
11. Optional Schedule With a U.S. Citizen or U.S. Resident
Alien.
12. General Provisions.
13. FAR Clauses to be Incorporated in Full Text in Personal
Services Contracts.
14. FAR Clauses to be incorporated by reference in Personal
Services Contracts.
10. Form USAID 1420-36, ``Cover Page'' and ``Schedule''.
Contract With a U.S. Citizen or U.S. Resident Alien for Personal
Services Abroad--Form AID 1420-36A (11/96) (Cover Page)
BILLING CODE 6116-01-M
[[Page 39458]]
[GRAPHIC] [TIFF OMITTED] TR23JY97.000
[[Page 39459]]
BILLING CODE 6116-01-C
PRIVACY ACT STATEMENT
This information is provided pursuant to Public Law 93-579
(Privacy Act of 1974), December 31, 1974, for individuals who
complete this form.
The Executive Office of the President, Office of Management and
Budget has required that all departments and agencies comply with
the reporting requirements of Section 6041 of the Internal Revenue
Code, Section 6041 states that all departments and agencies making
payments totalling $600 or more in one year to a recipient for
services provided must be reported to the Internal Revenue Service
(IRS). The SSN and all financial numbers will be disclosed to U.S.
Agency for International Development (USAID) payroll office
personnel and personnel in the Department of the Treasury, Division
of Disbursements. USAID will use this SSN to complete Form W-2 of
the Code on employee compensation. Disclosure by the personal
services contractor of the SSN is necessary to obtain the services,
benefits or processes provided by this contract. Disclosure of the
SSN may be made outside USAID (a) pursuant to any applicable routine
use listed in USAID's Notice for implementing the Privacy Act as
published in the Federal Register or (b) when disclosure by virtue
of a contract being a public document after signatures is authorized
under the Freedom of Information Act.
Schedule
(The Illustrated Schedule consists of this Table of Contents--
Articles I-VI, and the General Provisions.)
TABLE OF CONTENTS
Article I--Statement of Duties
Article II--Period of Service Overseas
Article III--Contractor's Compensation and Reimbursement in U.S.
Dollars
Article IV--Costs Reimbursable and Logistic Support
Article V--Precontract Expenses
Article VI--Additional Clauses
General Provisions:
The following provisions numbered as shown below omitting
number(s) ______, are the General Provisions (GPs) of this Contract:
1. Definitions
2. Laws and Regulations Applicable Abroad
3. Physical Fitness and Health Room Privileges
4. Workweek and Compensation (Pay Comparability Adjustments)
5. Leave and Holidays
6. Differential and Allowances
7. Social Security, Federal Income Tax and Foreign Earned Income
8. Advance of Dollar Funds
9. Insurance
10. Travel and Transportation Expenses
11. Payment
12. Conversion of U.S. Dollars to Local Currency
13. Post of Assignment Privileges
14. Security Requirements
15. Contractor-Mission Relationships
16. Termination
17. Release of Information
18. Notices
19. Reports
20. Use of Pouch Facilities
21. Biographical Data
22. Resident Hire PSC
23. Orientation and Language Training
24. Conditions for Contracting Prior to Receipt of Security
Clearance
25. Medical Evacuation Services
26. Governing Law
For each tour of duty, attach the applicable General Provisions.
Schedule: (Note: Use of the following Schedule Articles are not
mandatory. They are intended to serve as guidelines for contracting
offices in drafting contract schedules. Article language may be
changed to suit the needs of the particular contract).
Article I--Statement of Duties
(The statement of duties shall include:
A. General statement of the purpose of the contract.
B. Statement of duties to be performed.
C. Any USAID consultation or orientation.)
Article II--Period of Service Overseas
Within ______ days after written notice from the Contracting
Officer that all clearances, including the doctor's statement of
medical opinion required under General Provision Clause 4, have been
received or unless another date is specified by the Contracting
Officer in writing, the contractor shall proceed to ______ where he/
she shall promptly commence performance of the duties specified
above. The contractor's period of service overseas shall be
approximately ______ in ______. (Specify time of duties in each
location as well as authorized stopovers with purpose of each.)
Article III--Contractor's Compensation and Reimbursement in U.S.
Dollars
A. Except to the extent reimbursement is payable in the currency
of the Cooperating Country pursuant to Article IV, USAID shall pay
the contractor compensation after it has accrued and reimburse him/
her in U.S. dollars for necessary and reasonable costs actually
incurred by him/her in the performance of this contract within the
categories listed in paragraph C, below, and subject to the
conditions and limitations applicable thereto as set out herein and
in the attached General Provisions (GP).
B. The amount budgeted and available as personal compensation to
the contractor is calculated to cover a calendar period of
approximately ______ (days) (weeks) (months) (years) which is to
include:
(1) vacation, sick, and home leave which may be earned during
the contractor's tour of duty (GP Clause 5);
(2) ______ days for authorized travel (GP Clause 10); and
(3) ______ days for orientation and consultation in the United
States (GP Clause 23).
C. Allowable Costs: 1. Compensation at the rate of $______ per
(year) (month) (week) (day). Adjustments in compensation (pay) for
periods when the contractor is not in compensable pay status shall
be calculated as follows:
Rate of $______ per (day) (hour).
Contingency for Compensation (Pay Comparability) Adjustments.
$______.
Annual Salary increase (3%) $______.
2. Overtime (Unless specifically authorized in the Schedule of
this contract, no overtime hours shall be allowed hereunder.)
$______.
* 3. Overseas Differential (Ref. GP Clause No. 6.) Rate $______
and Contingency $______=Total $______.
---------------------------------------------------------------------------
* If post differential is applicable to the assigned post, a
contingency for the adjusted amount of differential resulting from
compensation (pay comparability) adjustment should be included.
---------------------------------------------------------------------------
** 4. Allowances in Cooperating Country (Ref. GP Clause 6.)
$______.
---------------------------------------------------------------------------
** Do not include the value of any costs to be paid or
reimbursed in local currency.
---------------------------------------------------------------------------
** 5. Travel and Transportation (Ref. GP Clause 10.) (Includes
the value of GTRs furnished by the Government, not payable to
contractor). $______.
a. United States $______
b. International $______
c. Cooperating and Third Country $______
Subtotal Item 5 $______
** 6. Subsistence or Per Diem (Ref. GP Clause 10.)
a. Untied States $______
b. International $______
c. Cooperating and Third Country $______.
Subtotal Item 6 $______
7. Other Direct Costs.
a. Health and Life Insturance $______
b. Precontract Costs, passport, visa, inoculations, etc. (Ref.
GP Clause 8.) $______
c. Physical Examination (Ref. GP Clause 3.) $______
d. Communications, Miscellaneous. $______
Subtotal Item 7 $______
8. F.I.C.A.-U.S.G. Contribution (not payable to contractor).
$______
D. Maximum U.S.-Dollar Obligation:
In no event shall the maximum U.S.-dollar obligation under this
contract exceed $______. Contractor shall keep a close account of
all obligations he/she incurs and accrues hereunder and promptly
notify the Contracting Officer whenever in his/her opinion the said
maximum is not sufficient to cover all compensation and costs
reimbursable in U.S. dollars which he/she anticipates under the
contract.
Article IV--Costs Reimbursable and Logistic Support
A. General: The contractor shall be provided with or reimbursed
in local currency (______) for the following:
[Complete]
B. Method of Payment of Local Currency Costs: Those contract
costs which are specified as local currency costs in paragraph A
above, if not furnished in kind by the cooperating government or the
Mission, shall be paid to the contractor in a manner adapted to the
local situation, based on vouchers submitted in accordance with
General Provision Clause 11. The documentation for such costs shall
be on such forms and in such manner as the Mission Director shall
prescribe.
[[Page 39460]]
[Complete]
Article V--Precontract Expenses
No expense incurred before execution of this contract will be
reimbursed unless such expense was incurred after receipt and
acceptance of a precontract expense letter issued to the contractor
by the Contracting Officer, and then only in accordance with the
provisions and limitations contained in such letter. The rights and
obligations created by such letter shall be considered as merged
into this contract.
Article VI--Additional Clauses
(Additional Schedule Clauses may be added such as the
implementation of General Provisions or Additional Clauses.)
11. Optional Schedule With a U.S. Citizen or U.S. Resident Alien
A U.S. Citizen or a U.S. Resident Alien PSC Contract No. ______
TABLE OF CONTENTS
(Optional Schedule)
(Use of the Optional Schedule is not mandatory. It is intended
to serve as an alternate procedure for OE funded U.S. PSCs or U.S.
Resident Alien PSCs. The Schedule is for use when the Contracting
Officer anticipates incremental recurring cost funded contracts.
Use of the Optional Schedule eliminates the need to amend the
contract each time funds are obligated. However, the Contracting
Officer is required to amend each contract not less than twice
during a 12 month period to ensure that the contract record of
obligations is up to date and agrees with the figures in the master
funding document.)
The Schedule on pages ______ thru ______ consists of this Table
of Contents and the following Articles:
Article I--Statement of Duties
Article II--Period of Service Overseas
Article III--Contractor's Compensation and Reimbursement in U.S.
Dollars
Article IV--Costs Reimbursable and Logistic Support
Article V--Precontract Expenses
Article VI--Additional Clauses
General Provisions:
The following provisions, numbered as shown below, omitting
number(s) ______, are the General Provisions (GP) of this Contract:
1. Definitions
2. Laws and Regulations Applicable Abroad
3. Physical Fitness and Health Room Privileges
4. Workweek and Compensation (Pay Comparability Adjustments)
5. Leave and Holidays
6. Differential and Allowances
7. Social Security and Federal Income Tax
8. Advance of Dollar Funds
9. Insurance
10. Travel and Transportation Expenses
11. Payment
12. Conversion of U.S. Dollars of Local Currency
13. Post of Assignment Privileges
14. Security Requirements
15. Contractor-Mission Relationships
16. Termination
17. Release of Information
18. Notices
19. Reports
20. Use of Pouch Facilities
21. Biographical Data
22. Resident Hire PSC
23. Orientation and Language Training
24. Conditions for Contracting Prior to Receipt of Security
Clearance
25. Medical Evacuation Services
26. Governing Law
For each tour of duty, attach the applicable General Provisions.
Article I--Statement of Duties.
(The statement of duties shall include:
A. General statement of the purpose of the contract.
B. Statement of duties to be performed.
C. Any USAID consultation or orientation.)
Article II--Period of Service Overseas.
Within ______ days after written notice form the Contracting
Officer that all clearances, including the doctor's statement of
medical opinion required under General Provision Clause 3, have been
received or unless another date is specified by the Contracting
Officer in writing, the contractor shall proceed to ______ where he/
she shall promptly commence performance of the duties specified
above. The contractor's period of service overseas shall be
approximately ______ in ______. (Specify time of duties in each
location as well as authorized stopovers with purpose of each.)
Article III--Contractor's Compensation and Reimbursement in U.S.
Dollars.
A. Except to the extent reimbursement is payable in the currency
of the Cooperating Country pursuant to Article IV, USAID shall pay
the contractor compensation after it has accrued and reimburse him/
her in U.S. dollars for necessary and reasonable costs actually
incurred by him/her in the performance of this contract within the
categories listed in paragraph C, below, and subject to the
conditions and limitations applicable thereto as set out herein and
in the attached General Provisions (GP).
B. The amount budgeted and available as personal compensation to
the contractor is calculated to cover a calendar period of
approximately ______ (days) (weeks) (months) (years) which is to
include:
1. Vacation, sick, and home leave which may be earned during the
contractor's tour of duty (GP Clause 5);
2. ______ days for authorized travel (GP Clause 10); and
3. ______ days for orientation and consultation in the United
States (GP Clause 23).
C. Allowable Costs: 1. The following illustrative budget details
allowable costs under this contract and provides estimated
incremental recurrent cost funding in the total amount shown.
Additional funds for the full term of this contract will be provided
by the preparation of a master PSC funding document issued by the
Mission Controller for the purpose of providing additional funding
for a specific period. The master PSC funding document will be
attached to this contract and will form a part of the executed
contract while also serving to amend the budget.
2. Compensation at the rate of $______ per (year) (month) (week)
(day). Adjustments in compensation (pay) for periods when the
contractor is not in compensable pay status shall be calculated as
follows:
Rate of $______ per (day) (hour).
Contingency for Compensation (Pay Comparability Adjustments.)
$______
Annual Salary increase (3%) $______
3. Overtime (Unless specifically authorized in the Schedule of
this contract, no overtime hours shall be allowed hereunder.)
$______
* 4. Overseas Differential (Ref. GP Clause No. 6.) Rate $______
and Contingency $______ = Total $______.
** 5. Allowances in Cooperating Country (Ref. GP Clause 6.)
$______
---------------------------------------------------------------------------
* If post differential is applicable to the assigned post, a
contingency for the adjusted amount of differential resulting from
compensation (pay comparability) adjustment should be included.
---------------------------------------------------------------------------
** 6. Travel and Transportation (Ref. GP Clause 10.) (Includes
the value of GTRs furnished by the Government, not payable to
contractor). $______.
---------------------------------------------------------------------------
** Do not include the value of any costs to be paid or
reimbursed in local currency.
---------------------------------------------------------------------------
a. United States $______
b. International $______
c. Cooperating and Third Country $______
Subtotal Item 6 $______
**7. Subsistence or Per Diem (Ref. GP Clause 10.)
a. United States $______
b. International $______
c. Cooperating and Third Country $______
Subtotal Item 7 $______
**8. Other Direct Costs
a. Health and Life Insurance (Ref. GP Clause 9.) $______
b. Precontract Costs, passport, visa, inoculations, etc. (Ref.
GP Clause 8.) $______
c. Physical Examination (Ref. GP Clause 3.) $______
d. Communications, Miscellaneous Subtotal Item 8 $______
9. F.I.C.A.--U.S.G. contribution (not payable to contractor).
$______
D. Maximum U.S.-Dollar Obligation: In no event shall the maximum
U.S.-dollar obligation under this contract exceed $______.
E. Salary changes and personnel-related contract actions will be
made by processing the same forms as used in making such changes and
actions for direct-hire employees. When issued by the Contracting
Officer, the forms utilized will be attached to the contract and
will form a part of the contract terms and conditions.
F. Any adjustment or increase in the compensation granted to
direct-hire employees will be allowed for in PSCs subject to the
availability of funds. Such an adjustment will be effected by a mass
pay adjustment notice from the Contracting Officer, which will be
attached to the contract and form a part of the executed contract.
G. At the end of each year of satisfactory service, PSC
contractors will be eligible to receive an increase equal to 3%
pending availability of funds provided their services
[[Page 39461]]
have been satisfactory. Such increase will be effected by the
execution of an SF-1126, payroll change slip which is to be attached
to each contract and each action forms a part of the official
contract file.
H. The master PSC funding document may not exceed the term or
estimated total cost of this contract. Notwithstanding that
additional funds are obligated under this contract through the
issuance and attachment of the master PSC funding document, all
other contract terms and conditions remain in full effect.
Article IV--Costs Reimbursable and Logistic Support
A. General: The contractor shall be provided with or reimbursed
in local currency (______) for the following:
[Complete]
B. Method of Payment of Local Currency Costs: Those contract
costs which are specified as local currency costs in paragraph A
above, if not furnished in kind by the cooperating government or the
Mission, shall be paid to the contractor in a manner adapted to the
local situation, based on vouchers submitted in accordance with
General Provision Clause 12. The documentation for such costs shall
be on such forms and in such manner as the Mission Director shall
prescribe.
Article V--Precontract Expenses
No expense incurred before execution of this contract will be
reimbursed unless such expense was incurred after receipt and
acceptance of a precontract expense letter issued to the contractor
by the Contracting Officer, and then only in accordance with the
provisions and limitations contained in such letter. The rights and
obligations created by such letter shall be considered as merged
into this contract.
Article VI--Additional Clauses
(Additional Schedule Clauses may be added such as the
implementation of General Provisions or Additional Clauses.)
12. General Provisions
Contract With a U.S. Citizen or a U.S. Resident Alien for Personal
Services Abroad
The following clauses are to be used (when applicable), for both
tours of duty of less than 1 year as well as 1 year or more.
INDEX OF CLAUSES
1. Definitions
2. Compliance with Laws and Regulations Applicable Abroad
3. Physical Fitness and Health Room Privileges
4. Workweek and Compensation (Pay Comparability Adjustments)
5. Leave and Holidays
6. Differential and Allowances
7. Social Security, Federal Income Tax, and Foreign Earned Income
8. Advance of Dollar Funds
9. Insurance
10. Travel and Transportation Expenses
11. Payment
12. Conversion of U.S. Dollars to Local Currency
13. Post of Assignment Privileges
14. Security Requirements
15. Contractor-Mission Relationships
16. Termination
17. Release of Information
18. Notices
19. Reports
20. Use of Pouch Facilities
21. Biographical Data
22. U.S. Resident Hire Personal Services Contractor
23. Orientation and Language Training
24. Conditions for Contracting Prior to Receipt of Security
Clearance
25. Medical Evacuation (MEDEVAC) Services
26. Governing Law
1. Definitions (June 1990)
(a) USAID shall mean the Agency for International Development.
(b) Administrator shall mean the Administrator or the Deputy
Administrator of USAID.
(c) Contracting Officer shall mean a person with the authority
to enter into, administer, and/or terminate contracts and make
related determinations and findings. The term includes certain
authorized representatives of the Contracting Officer acting within
the limits of their authority as delegated by the Contracting
Officer.
(d) Contractor shall mean the individual engaged to serve under
this contract.
(e) Cooperating Country shall mean the foreign country in or for
which services are to be rendered hereunder.
(f) Cooperating Government shall mean the government of the
Cooperating Country.
(g) Government shall mean the United States Government.
(h) Local currency shall mean the currency of the Cooperating
Country.
(i) Mission shall mean the United States USAID Mission, or
principal USAID office, in the Cooperating Country, or USAID/
Washington (USAID/W).
(j) Mission Director shall mean the principal officer in the
Mission in the Cooperating Country, or his/her designated
representative.
(k) Technical Officer shall mean the USAID official to whom the
contractor reports, and who is responsible for monitoring the
contractor's performance.
(l) Tour of duty shall mean the contractor's period of service
under this contract and shall include orientation in the United
States (less language training), authorized leave, and international
travel.
(m) Traveler shall mean--
(1) The contractor in authorized travel status or
(2) Dependents of the contractor who are in authorized travel
status.
(n) Dependents means:
(1)Spouse.
(2) Children (including step and adopted children) who are
unmarried and under 21 years of age or, regardless of age, are
incapable of self-support.
(3) Parents (including step and legally adoptive parents) of the
employee or of the spouse, when such parents are at least 51 percent
dependent on the contractor for support.
(4) Sisters and brothers (including step or adoptive sisters or
brothers) of the contractor, or of the spouse, when such sisters and
brothers are at least 51 percent dependent on the contractor for
support, unmarried and under 21 years of age, or regardless of age,
are incapable of self-support.
(o) U.S. Resident Alien, as used in this contract, shall mean an
alien immigrant, legally resident in the United States, the
Commonwealth of Puerto Rico, or the possessions of the United
States, and having a valid ``Alien Registration and Receipt Card''
(Immigration and Naturalization Service forms I-151 or I-551).
(p) U.S. Resident Hire Personal Services Contractor (PSC) means
a U.S. citizen who, at the time of hiring as a PSC, resides in the
Cooperating Country:
(1) As a spouse or dependent of a U.S. citizen employed by a
U.S. Government Agency or under any U.S. Government-financed
contract or agreement, or
(2) For reasons other than for employment with a U.S. Government
Agency or under any U.S. Government-financed contract or agreement.
A U.S. citizen for purposes of this definition also includes a
person who at the time of contracting, is a lawfully admitted
permanent resident of the United States.
2. Compliance With Laws and Regulations Applicable Abroad (July 1993)
(a) Conformity to Laws and Regulations of the Cooperating
Country. Contractor agrees that, while in the cooperating country,
he/she as well as authorized dependents will abide by all applicable
laws and regulations of the cooperating country and political
subdivisions thereof.
(b) Purchase or Sale of Personal Property or Automobiles. To the
extent permitted by the cooperating country, the purchase, sale,
import, or export of personal property or automobiles in the
cooperating country by the contractor shall be subject to the same
limitations and prohibitions which apply to Mission U.S.-citizen
direct-hire employees.
(c) Code of Conduct. The contractor shall, during his/her tour
of duty under this contract, be considered an ``employee'' (or if
his/her tour of duty is for less than 130 days, a ``special
Government employee'') for the purposes of, and shall be subject to,
the provisions of 18 U.S.C. 202(a) and the USAID General Notice
entitled ``Employee Review of the New Standards of Conduct''
pursuant to 5 CFR part 2635. The contractor acknowledges receipt of
a copy of these documents by his/her acceptance of this contract.
3. Physical Fitness and Health Room Privileges (Apr 1997)
(a) Physical Fitness. (1) For all assignments outside of the
United States the contractor and any authorized dependents shall be
required to be examined by a licensed doctor of medicine, and the
contractor shall obtain from the doctor a statement of medical
opinion that, in the doctor's opinion, the contractor is physically
able to engage in the type of activity for which he/she is to be
employed under the contract, and the contractor and any dependents
are physically able to reside in the Cooperating Country. A copy of
the statement(s) shall be provided to the Contracting Officer prior
to the contractor's departure for the Cooperating Country, or for a
U.S. resident hire, before he/she starts work under the contract.
[[Page 39462]]
(2) For assignments of 60 days or more in the Cooperating
Country, the Contracting Officer shall provide the contractor and
all authorized dependents copies of the ``USAID Contractor Employee
Physical Examination Form''. This form is for collection of
information; it has been reviewed and approved by OMB, and assigned
Control No. 0412-0536. Information required by the Paperwork
Reduction Act (burden estimate, points of contract, and OMB approval
expiration date) is printed on the form. The contractor and all
authorized dependents shall obtain a physical examination from a
licensed physician, who will complete the form for each individual.
The contractor will deliver the physical examination form(s) to the
Embassy health unit in the Cooperating Country. A copy of the
doctor's statement of medical opinion at the end of the form which
identifies the contractor or dependent by name may be used to meet
the requirement in (a)(1) above.
(3) For end-of-tour the contractor and his/her authorized
dependents are authorized physical examinations within 60 days after
completion of the contractor's tour-of-duty.
(b) Reimbursement. (1) As a contribution to the cost of medical
examinations required by paragraph (a)(1) of this clause, USAID
shall reimburse the contractor not to exceed $100 for each physical
examination, plus reimbursement of charges for immunizations.
(2) As a contribution to the cost of medical examinations
required by paragraph (a)(2) of this clause the contractor shall be
reimbursed in an amount not to exceed half of the cost of the
examination up to a maximum USAID share of $300 per examination plus
reimbursement of charges for immunizations for himself/herself and
each authorized dependent 12 years of age or over. The USAID
contribution for authorized dependents under 12 years of age shall
not exceed half of the cost of the examination up to a maximum share
of $120 per individual plus reimbursement of charges for
immunizations. The contractor must obtain the prior written approval
of the Contracting Officer to receive any USAID obligations higher
than these limits.
(c) Health Room Privileges. Routine health room services may be
available, subject to post policy and in accordance with the
requirements of paragraph (a) of this clause, to U.S. citizen
contractors and their authorized dependents (regardless of
citizenship) at the post of duty. These services do not include
hospitalization or predeparture examinations. The services normally
include such medications as may be available, immunizations and
preventive health measures, diagnostic examinations and advice, and
home visits as medically indicated. Emergency medical treatment is
provided to U.S. citizen contractor employees and dependents,
whether or not they may have been granted access to routine health
room services, on the same basis as it would be to any U.S. citizen
in an emergency medical situation in the country.
4. Workweek and Compensation (Pay Comparability Adjustments) (Dec 1985)
(a) Workweek. The contractor's workweek shall not be less than
40 hours, unless otherwise provided in the Contract Schedule, and
shall coincide with the workweek for those employee of the Mission
or the Cooperating Country agency most closely associated with the
work of this contract. If the contract is for less than full time
(40 hours weekly), the annual and sick leave earned shall be
prorated (see the General Provision of this contract entitled Leave
and Holidays).
(b) Compensation (Pay Comparability) Adjustments. The
contractor's compensation shall be adjusted to reflect the pay
comparability adjustments which are granted from time to time to
U.S. direct-hire employees by Executive Order for the statutory pay
systems. Any adjustments authorized are subject to the availability
of funds and shall not exceed that percentage stated in the
Executive Order granting the adjustment. Further, the adjusted
compensation may not exceed the maximum ES-6 annual compensation (or
the equivalent daily rate).
5. Leave and Holidays (Apr 1997)
(a) Vacation Leave. (1) The contractor shall earn vacation leave
at the rate of 13 workdays per annum or 4 hours every 2 weeks.
However, no vacation shall be earned if the tour of duty is less
than 90 days.
(2) Notwithstanding paragraph (a)(1) above, if the contractor
has had previous PSC service (i.e., has served under other personal
services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA), he/
she shall earn vacation leave at the rate of either 6 hours every
two weeks (10 hours for the final pay period of a calendar year)
cumulative PSC service exceeding 3 years, or 8 hours every two weeks
for cumulative PSC service exceeding 15 years. Former Civil Service,
Foreign Service, or a Military Service experience is not creditable
towards PSC service for annual leave purposes.
(3) It is understood that vacation leave is provided under this
contract primarily for the purposes of affording necessary rest and
recreation during the tour of duty in the Cooperating Country. The
Contractor in consultation with the USAID Mission shall develop a
vacation leave schedule early in his/her tour of duty taking into
consideration project requirements, employee preference and other
factors. All vacation leave earned by the contractor must be used
during his/her tour of duty. All vacation leave earned by the
contractor but not taken by the end of his/her tour of duty will be
forfeited unless the requirements of the activity precluded the
employee from taking such leave and the Contracting Officer, with
the endorsement of the Mission Director, approves one of the
following as an alternative:
(i) Taking leave during the concluding weeks of the employee's
tour, or
(ii) Lump-sum payment for leave not taken provided such leave
does not exceed the number of days which can be earned by the
employee during a twelve month period.
(4) With the approval of the Mission Director, and if the
circumstances warrant, a contractor may be granted advance vacation
leave in excess in that earned, but in no case shall a contractor be
granted advance vacation leave in excess of that which he/she will
earn over the life of the contract. The contractor agrees to
reimburse USAID for leave used in excess of the amount earned during
the contractor's assignment under the contract.
(b) Sick Leave. Sick leave is earned at a rate not to exceed 13
work-days per annum or 4 hours every 2 weeks. Unused sick leave may
be carried over under an extension of this contract for the same or
similar services at the same Mission, but the contractor will not be
compensated for unused sick leave at the completion of this
contract. No leave my be carried over from one post to another.
(c) Home Leave. (1) Home leave is leave earned for service
abroad for use only in the United States, in the Commonwealth of
Puerto Rico, or in the possessions of the United States.
(2) A contractor who is a U.S. citizen or U.S. resident alien
and has served as least 2 years overseas, as defined in paragraph
(c)(4) below, under personal services contract in this Mission, and
has not taken more than 30 workdays leave (vacation, sick, or leave
without pay) in the United States, may be granted home leave of not
more than 15 work days for each such year of service overseas;
provided, that the contractor agrees to return overseas upon
completion of home leave under an additional 2 year appointment, or
for such shorter period of not less than 1 year of overseas service
under the contract as the Mission Director may approve in advance.
Home leave must be taken in the United States, the Commonwealth of
Puerto Rico, or the possessions of the United States, and any days
spent elsewhere will be charged to vacation leave or leave without
pay.
(3) Notwithstanding the requirement in paragraph (c)(2) above
that the contractor must have served 2 years overseas under personal
services contract with this Mission to be eligible for home leave,
the contractor may be granted advance home leave subject to all of
the following conditions:
(i) Granting of leave home leave would in each case serve to
advance the attainment of the objectives of this contract;
(ii) The contractor has served a minimum of 18 months in the
Cooperating Country on his/her current tour of duty under this
contract; and
(iii) The contractor agrees to return to the Cooperating Country
to serve out the remainder of his/her current tour of duty and an
additional 2 year appointment under this or subsequent contract, or
such other additional appointment of not less than 1 year of
overseas service as the Mission Director may approve.
(4) The period of service overseas required under paragraph
(c)(2), or paragraph (c)(3) above, shall include the actual days in
orientation in the United States (less language training) and the
actual days overseas beginning on the date of departure from the
U.S. port of embarkation on international travel and continuing,
inclusive of authorized delays enroute, to the date of arrival at
the U.S. port of debarkation from international travel. Allowable
vacation and sick leave taken while overseas, but not leave without
pay, shall be included in the required period of service overseas.
An amount equal to the number of days of vacation and sick leave
taken in the United States, the Commonwealth of Puerto Rico, or
[[Page 39463]]
the possessions of the United States will be added to the required
period of service overseas.
(5) Salary during the travel to and from the United States for
home leave will be limited to the time required for travel by the
most expeditious air route. The contractor will be responsible for
reimbursing USAID for payments made during home leave, if, in spite
of the undertaking of the new appointment, the contractor, except
for reasons beyond his/her control as determined by the Contracting
Officer, does not return overseas and complete the additional
required service. Unused home leave is not reimbursable under this
contract.
(6) To the extent deemed necessary by the Contracting Officer, a
contractor in the United States on home leave may be authorized to
spend not more than 5 days in work status for consultation at USAID/
Washington before returning to post duty. Consultation at locations
other than USAID/Washington as well as any time in excess of 5 days
spent for consultation, must be approved by the Mission Director or
the Contracting Officer.
(d) Holidays. The contractor, while serving abroad, shall be
entitled to all holidays granted by the Mission to U.S.-citizen
direct-hire employees.
(e) Military Leave. Military leave of not more than 15 calendar
days in any calendar year may be granted to a contractor who is a
reservist of the Armed Forces, provided that military leave has been
approved in advance by the Contracting Officer or the Mission
Director. A copy of any such approval shall be part of the contract
file.
(f) Leave Without Pay. Leave without pay may be granted only
with the written approval of the Contracting Officer or Mission
Director.
(g) Compensatory Time. Compensatory leave may be granted only
with the written approval of the Contracting Officer or Mission
Director in rare instances when it has been determined absolutely
essential and used under those guidelines which apply to direct-hire
employees.
(h) Leave Records. The contractor shall maintain current leave
records for himself/herself and make them available, as requested by
the Mission Director or the Contracting Officer.
6.Differential and Allowances (June 1990)
(a) The following differential and allowances will be granted to
the contractor and his/her authorized dependents to the same extent
and on the same basis as they are granted to U.S. citizen direct-
hire employees at the Mission by the Standardized Regulations
(Government Civilians, Foreign Areas), as from time to time amended,
except as noted to the contrary below:
Applicable Reference to Standardized Regulations
------------------------------------------------------------------------
------------------------------------------------------------------------
(1) Post Differential........................ Chapter 500 and Tables in
Chapter 900.
(2) Living Quarters Allowance................ Section 130.
(3) Temporary Lodging Allowance.............. Section 120.
(4) Post Allowance........................... Section 220.
(5) Supplemental Post Allowance.............. Section 230.
(6) Payments During Evacuation............... Section 600.
(7) Education Allowance...................... Section 270.
(8) Separate Maintenance Allowance........... Section 260.
(9) Danger Pay Allowance..................... Section 650.
(10) Education Travel........................ Section 280.
------------------------------------------------------------------------
(1) Post Differential. Post differential is an additional
compensation for service at places in foreign areas where conditions
of environment differ substantially from conditions of environment
in the continental United States and warrant additional compensation
as a recruitment and retention incentive. In areas where post
differential is paid to USAID direct-hire employees, post
differential not to exceed the percentage of salary as is provided
such USAID employees in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas) Chapter 500 (except the
limitation contained in Section 552, ``Ceiling on Payment'')
Tables--Chapter 900, as from time to time amended, will be
reimbursable hereunder for employees in respect to amounts earned
during the time such employees actually spend overseas on work under
this contract. When such post differential is provided to the
contractor, it shall be payable beginning on the date of arrival at
the post of assignment and continue, including periods away from
post on official business, until the close of business on the day of
departure from post of assignment enroute to the United States. Sick
or vacation leave taken at or away from the post of assignment will
not interrupt the continuity of the assignment or require a
discontinuance of such post differential payments, provided such
leave is not taken within the United States or the territories of
the United States. Post differential will not be payable while the
employee is away from his/her post of assignment for purposes of
home leave. Short-term employees shall be entitled to pose
differential beginning with the forty-third (43rd) day at post.
(2) Living Quarters Allowance. Living quarters allowance is an
allowance granted to reimburse an employee for substantially all of
his/her cost for either temporary or residence quarters whenever
Government-owned or Government-rented quarters are not provided to
him/her at his/her post without charge. Such costs are those
incurred for temporary lodging (temporary lodging allowance) or one
unit of residence quarters (living quarters allowance) and include
rent, plus any costs not included therein for heat, light, fuel,
gas, electricity and water. The temporary lodging allowance and the
living quarters allowance are never both payable to an employee for
the same period of time. The contractor will receive living quarters
allowance for payment of rent and utilities if such facilities are
not supplied. Such allowance shall not exceed the amount paid USAID
employees of equivalent rank in the Cooperating Country, in
accordance with either the Standardized Regulations (Government
Civilians, Foreign Areas), Chapter 130, as from time to time
amended, or other rates approved by the Mission Director. Subject to
the written approval of the Mission Director, short-term employees
may be paid per diem (in lieu of living quarters allowance) at rates
prescribed by the Federal Travel Regulations, as from time to time
amended, during the time such short-term employees spend at posts of
duty in the Cooperating Country under this contract. In authorizing
such per diem rates, the Mission Director shall consider the
particular circumstances involved with respect to each such short-
term employee including the extent to which meals and/or lodging may
be made available without charge or at nominal cost by an agency of
the United States Government or of the Cooperating Government, and
similar factors.
(3) Temporary Lodging Allowance. Temporary lodging allowance is
a quarters allowance granted to an employee for the reasonable cost
of temporary quarters incurred by the employee and his/her family
for a period not in excess of (i) three months after first arrival
at a new post in a foreign area or a period ending with the
occupation of residence (permanent) quarters, if earlier, and (ii)
one month immediately preceding final departure from the post
subsequent to the necessary vacating of residence quarters. The
contractor will receive temporary lodging allowance for himself/
herself and authorized dependents, in lieu of living quarters
allowance, not to exceed the amount set forth in the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 120, as
from time to time amended.
(4) Post Allowance. Post allowance is a cost-of-living allowance
granted to an employee officially stationed at a post where the cost
of living, exclusive of quarters cost, is substantially higher than
in Washington, D.C. The contractor will receive post
[[Page 39464]]
allowance payments not to exceed those paid USAID employees in the
Cooperating Country, in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 220, as from time to
time amended.
(5) Supplemental Post Allowance. Supplemental post allowance is
a form of post allowance granted to an employee at his/her post when
it is determined that assistance is necessary to defray
extraordinary subsistence costs. The contractor will receive
supplemental post allowance payments not to exceed the amount set
forth in the Standardized Regulations (Government Civilians, Foreign
Areas), Chapter 230, as from time to time amended.
(6) Payments During Evacuation. The Standardized Regulations
(Government Civilians, Foreign Areas) provide the authority for
efficient, orderly, and equitable procedure for the payment of
compensation, post differential and allowances in the event of an
emergency evacuation of employees or their dependents, or both, from
duty stations for military or other reasons or because of imminent
danger to their lives. If evacuation has been authorized by the
Mission Director, the contractor will receive payments during
evacuation for himself/herself and authorized dependents evacuated
from their post of assignment in accordance with the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 600, and
the Federal Travel Regulations, as from time to time amended.
(7) Educational Allowance. Educational allowance is an allowance
to assist the contractor in meeting the extraordinary and necessary
expenses, not otherwise compensated for, incurred by reason of his/
her service in a foreign area in providing adequate elementary and
secondary education for his/her children. The contractor will
receive educational allowance payments for his/her dependent
children in amounts not to exceed those set forth in Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 270, as
from time to time amended.
(8) Separate Maintenance Allowance. Separate maintenance
allowance is an allowance to assist an employee who is compelled by
reason of dangerous, notably unhealthful, or excessively adverse
living conditions at his/her post of assignment in a foreign area,
or for the convenience of the Government, to meet the additional
expense of maintaining his/her dependents elsewhere than at such
post. The contractor will receive separate maintenance allowance
payments not to exceed that made to USAID employees in accordance
with the Standardized Regulations (Government Civilians, Foreign
Areas), Chapter 260, as from time to time amended.
(9) Danger Pay Allowance. Danger pay allowance is an allowance
to provide additional compensation above basic compensation to
employees in foreign areas where civil insurrection, civil war,
terrorism or wartime conditions threaten physical harm or imminent
danger to the health or well-being of the employee. The danger pay
allowance is in lieu of that part of the post differential which is
attributable to political violence. Consequently, the post
differential may be reduced while danger pay is in effect to avoid
dual crediting for political violence. The contractor shall be
allowed danger pay allowance not to exceed that paid USAID employees
in the Cooperating Country, in accordance with the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 650, as
from time to time amended.
(10) Educational Travel. Educational travel is travel to and
from a school in the United States for secondary education (in lieu
of an educational allowance) and for college education. The
contractor will receive educational travel payments for his/her
dependent children provided such payment does not exceed that which
would be payable in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 280, as from time to
time amended. Educational travel shall not be authorized for
contractors whose assignment is less than two years.
(b) The allowances provided in paragraphs (a) (1) through (10)
of this provision shall be paid to the contractor in dollars or in
the currency of the Cooperating Country in accordance with practice
prevailing at the Mission, or the Mission Director may direct that
the contractor be paid a per diem in lieu thereof as prescribed by
the Standardized Regulations (Government Civilians, Foreign Areas),
as from time to time amended.
7. Social Security, Federal Income Tax, and Foreign Earned Income (June
1990)
(a) Since the contractor is an employee, F.I.C.A. contributions
and U.S. Federal Income Tax withholding shall be deducted in
accordance with regulations and rulings of the Social Security
Administration and the U.S. Internal Revenue Service, respectively.
(b) As an employee, the contractor is not eligible for the
``foreign earned income'' exclusion under the IRS Regulations (see
26 CFR 1.911-3(c)(3)).
8. Advance of Dollar Funds (Apr 1997)
If requested by the contractor and authorized in writing by the
Contracting Officer, USAID will arrange for an advance of funds to
defray the initial cost of travel, travel allowances, authorized
precontract expenses, and shipment of personal property. The advance
shall be granted on the same basis as to a USAID U.S.-citizen
direct-hire employee in accordance with USAID Handbook 22, Chapter 4
or superseding ADS Chapter.
9. Insurance (Apr 1997)
(a) Worker's Compensation Benefits. The contractor shall be
provided worker's compensation benefits in accordance with the
Federal Employees' Compensation Act.
(b) Health and Life Insurance. (1) The contractor shall be
provided a maximum contribution of up to 50% against the actual
costs of the contractor's annual health insurance costs, provided
that such costs may not exceed the maximum U.S. Government
contribution for direct-hire personnel as announced annually by the
Office of Personnel Management.
(2) The contractor shall be provided a contribution of up to 50%
against the actual costs of annual life insurance not to exceed
$500.00 per year.
(3) Retired U.S. Government employees shall not be paid
additional contributions for health or life insurance under their
contracts. The Government will normally have already paid its
contribution for the retiree unless the employee can prove to the
satisfaction of the Contracting Officer that his/her health and life
insurance does not provide or specifically excludes coverage
overseas. In such case, the contractor would be eligible for
contributions under paragraphs (b) (1) or (2) as appropriate.
(4) Proof of health and life insurance coverage shall be
submitted to the Contracting Officer before any contribution is
paid. On assignments of less than one year, costs for health and
life insurance shall be prorated and paid accordingly.
(5) A contractor who is a spouse of a current or retired Civil
Service, Foreign Service, or Military Service member and who is
covered by their spouse's Government health or life insurance policy
is ineligible for the contribution under paragraphs (b)(1) or (b)(2)
of this provision.
(c) Insurance on Private Automobiles. If the contractor or his/
her dependents transport, or cause to be transported, privately
owned automobile(s) to the Cooperating Country, or any of them
purchase an automobile within the Cooperating Country, the
contractor agrees to ensure that all such automobile(s) during such
ownership within the Cooperating Country will be covered by a
current, i.e., not in arrears, insurance policy issued by a reliable
company providing the following minimum coverage, or such other
minimum coverage as may be set by the Mission Director, payable in
U.S. dollars or its equivalent in the currency of the Cooperating
Country: injury to persons, $10,000/$20,000; property damage,
$5,000. The contractor further agrees to deliver, or cause to be
delivered to the Mission Director, the insurance policies required
by this clause or satisfactory proof of the existence thereof,
before such automobile(s) operated within the Cooperating Country.
The premium costs for such insurance shall not be a reimbursable
cost under this contract.
10. Travel and Transportation Expenses (July 1993)
(a) General. (1) USAID/Washington Office of Administrative
Services, or such other office as may be designated by that office,
may furnish Transportation Requests (TR's) to the contractor for
transportation authorized by this contract originating in the United
States, and the executive or administrative officer at the Mission
may furnish TR's for such authorized transportation which is payable
in local currency or is to originate overseas. When transportation
is not provided by the Government-issued TR, the contractor shall
procure his/her own transportation, the costs of which will be
reimbursed in accordance with the terms of this contract.
(2) The contractor will be reimbursed for reasonable, allocable
and allowable travel and transportation expenses incurred under and
for the performance of this contract. Determination of
reasonableness, allocability and allowability will be made by the
[[Page 39465]]
Contracting Officer in accordance with USAID's established policies
and procedures for USAID direct-hire employees, and the particular
needs of the activity being implemented by this contract. The
following paragraphs provide specific guidance and limitations on
particular items of cost.
(b) U.S. Travel and Transportation. The contractor shall be
reimbursed for actual transportation costs and travel allowances in
the United States as authorized in the Contract Schedule or approved
in advance by the Contracting Officer or the Mission Director.
Transportation costs and travel allowances shall not be reimbursed
in any amount greater than the cost of, and time required for,
economy-class commercially scheduled air travel by the most
expeditious route except as otherwise provided in paragraph (g) of
this provision unless economy air travel is not available and the
contractor certifies to this in his/her voucher or other documents
submitted for reimbursement.
(c) International Travel. For travel to and from post of
assignment, the contractor shall be reimbursed for travel costs and
travel allowances from place of residence in the United States (or
other location provided that the cost of such travel does not exceed
the cost of the travel from the contractor's residence in the United
States) to the post of duty in the Cooperating Country and return to
place of residence in the United States (or other location provided
that the cost of such travel does not exceed the cost of travel from
the post of duty in the Cooperating Country to the contractor's
residence) upon completion of services by the individual.
Reimbursement for travel will be in accordance with USAID's
established policies and procedures for its direct-hire employees
and the provisions of this contract, and will be limited to the cost
of travel by the most direct and expeditious route. If the contract
is for longer than one year and the contractor does not complete one
full year at post of duty (except for reasons beyond his/her
control), the costs of going to and from the post of duty for the
contractor and his/her dependents are not reimbursable hereunder. If
the contractor serves more than one year but less than the required
service in the Cooperating Country (except for reasons beyond his/
her control) the costs of going to the post of duty are reimbursable
hereunder but the costs of going from post of duty to the
contractor's permanent, legal place of residence at the time he or
she was employed for work under this contract, or other location as
approved by the Contracting Officer, are not reimbursable under this
contract for the contractor and his/her dependents. When travel is
by economy class accommodations, the contractor will be reimbursed
for the cost of transporting up to 10 kilograms/22 pounds of
accompanied personal baggage per traveler in addition to that
regularly allowed with the economy ticket provided that the total
number of pounds of baggage does not exceed that regularly allowed
for first class travelers. Travel allowances for travelers shall not
be in excess of the rates authorized in the Standardized Regulations
(Government Civilians, Foreign Areas)-hereinafter referred to as the
Standardized Regulations--as from time to time amended, for not more
than the travel time required by scheduled commercial air carrier
using the most expeditious route. One stopover enroute for a period
of not to exceed 24 hours is allowable when the traveler uses
economy class accommodations for a trip of 14 hours or more of
scheduled duration. Such stopover shall not be authorized when
travel is by indirect route or is delayed for the convenience of the
traveler. Per diem during such stopover shall be paid in accordance
with the Federal Travel Regulations as from time to time amended.
(d) Local Travel. Reimbursement for local travel in connection
with duties directly referable to the contract shall not be in
excess of the rates established by the Mission Director for the
travel costs of travelers in the Cooperating Country. In the absence
of such established rates the contractor shall be reimbursed for
actual travel costs in the Cooperating Country or the Mission,
including travel allowances at rates not in excess of those
prescribed by the Standardized Regulations.
(e) Indirect Travel for Personal Convenience. When travel is
performed by an indirect route for the personal convenience of the
traveler, the allowable costs of such travel will be computed on the
basis of the cost of allowable air fare via the direct usually
traveled route. If such costs include fares for air or ocean travel
by foreign flag carriers, approval for indirect travel by such
foreign flag carriers must be obtained from the Contracting Officer
or the Mission Director before such travel is undertaken, otherwise
only that portion of travel accomplished by the United States-flag
carriers will be reimbursable within the above limitation of
allowable costs.
(f) Limitation on Travel by Dependents. Travel costs and
allowances will be allowed for authorized dependents of the
contractor and such costs shall be reimbursed for travel from place
of abode to assigned station in the Cooperating Country and
returned, only if the dependent remains in the Cooperating Country
for at least 9 months or one-half of the required tour of duty of
the contractor, whichever is greater, except as otherwise authorized
hereunder for education, medical or emergency visitation travel. If
the dependent is eligible for educational travel pursuant to the
``Differential and Allowances'' clause of this contract, time spent
away from post resulting from educational travel will be counted as
time at post.
(g) Delays Enroute. The contractor may be granted reasonable
delays enroute while in travel status when such delays are caused by
events beyond the control of the contractor and are not due to
circuitous routine. It is understood that if delay is caused by
physical incapacitation, he/she shall be eligible for such sick
leave as provided under the ``Leave and Holidays'' clause of this
contract.
(h) Travel by Privately Owned Automobile (POV). If travel by POV
is authorized in the contract schedule or approved by the
Contracting Officer, the contractor shall be reimbursed for the cost
of travel performed in his/her POV at a rate not to exceed that
authorized in the Federal Travel Regulations plus authorized per
diem for the employee and for each of the authorized dependents
traveling in the POV, if the POV is being driven to or from the
Cooperating Country as authorized under the contract, provided that
the total cost of the mileage and the per diem paid to all
authorized travelers shall not exceed the total constructive cost of
fare and normal per diem by all authorized travelers by surface
common carrier or authorized air fare, whichever is less.
(i) Emergency and Irregular Travel and Transportation. Emergency
transportation costs and travel allowances while enroute, as
provided in this section, will be reimbursed not to exceed amounts
authorized by the Foreign Service Travel Regulations for USAID-
direct hire employees in like circumstances under the following
conditions:
(1) The costs of going from post of duty in the Cooperating
Country to the employee's permanent, legal place of residence at the
time he or she was employed for work under this contract or other
location for contractor employees and dependents and returning to
the post of duty, subject to the prior written approval of the
Mission Director that such travel is necessary for one of the
following reasons.
(i) Need for medical care beyond that available within the area
to which the employee is assigned, or serious effect on physical or
mental health if residence is continued at assigned post of duty.
The Mission Director may authorize a medical attendant to accompany
the employee at contract expense if, based on medical opinion, such
an attendant is necessary.
(ii) Death, or serious illness or injury of a member of the
immediate family of the employee or the immediate family of the
employee's spouse.
(2) When, for any reason, the Mission Director determines it is
necessary to evacuate the contractor or contractor's dependents, the
contractor will be reimbursed for travel and transportation expenses
and travel allowance while enroute, for the cost of the individuals
going from post of duty in the Cooperating Country to the employee's
permanent, legal place of residence at the time he or she was
employed for work under this contract or other approved location.
The return of such employees and dependents may also be authorized
by the Mission Director when, in his/her discretion, he/she
determines it is prudent to do so.
(3) The Mission Director may also authorize emergency or
irregular travel and transportation in other situations, when in
his/her opinion, the circumstances warrant such action. The
authorization shall include the kind of leave to be used and
appropriate restrictions as to time away from post, transportation
of personal and household effects, etc.
(j) Home Leave Travel. To the extend that home leave has been
authorized as provided in the ``Leave and Holidays'' clause of this
contract, the cost of travel for home leave is reimbursable for
travel costs and travel allowances of travelers from the post of
duty
[[Page 39466]]
in the Cooperating Country to place of residence in the United
States (or other location provided that the cost of such travel does
not exceed the cost of travel to the contractor's residence in the
United States) and return to the post of duty in the Cooperating
Country. Reimbursement for travel will be in accordance with the
Uniform State/USAID/USIA Foreign Service Travel Regulations, as from
time to time amended, and will be limited to the cost of travel by
the most direct and expeditious route. Travel allowances for
travelers shall be in accordance with the rates authorized in the
Standardized Regulations as from time to time amended, for not more
than the travel time required by scheduled commercial air carrier
using the most expeditious route using economy class. One stopover
enroute for a period of not to exceed 24 hours is allowable when the
traveler uses economy class accommodations for a trip of 14 hours or
more of scheduled duration. Such stopover shall not be authorized
when travel is by indirect route or is delayed for the convenience
of the traveler or the traveler uses other than economy class. Per
diem during such stopover shall be paid in accordance with the
Standardized Regulations.
(k) Rest and Recuperations Travel. If approved in writing by the
Mission Director, the contractor and his/her dependents shall be
allowed rest and recuperation travel on the same basis as authorized
USAID direct-hire Mission employees and their dependents.
(l) Transportation of Motor Vehicles, Personal Effects and
Household Goods.
(1) Transportation costs will be paid on the same basis as for
USAID direct-hire employees serving the same length tour of duty, as
authorized in the schedule. Transportation, including packing and
crating costs, will be paid for shipping from the point of origin in
the United States (or other location as approved by the Contracting
Officer) to post of duty in the Cooperating Country and return to
point of origin in the United States (or other location as approved
by the Contracting Officer) of one privately-owned vehicle for the
contractor, personal effects of the contractor and authorized
dependents, and household goods of the contractor not to exceed the
limitations in effect for such shipments for USAID direct-hire
employees in accordance with the Foreign Service Travel Regulations
in effect at the time shipment is made. These limitations may be
obtained from the Contracting Officer.
(2) The cost of transporting motor vehicles and household goods
shall not exceed the cost of packing, crating, and transportation by
surface common carrier. In the event that the carrier does not
require boxing or crating of motor vehicles for shipment to the
Cooperating Country, the cost of boxing or crating is not
reimbursable. The transportation of a privately owned motor vehicle
for a contractor may be authorized as a replacement of the last such
motor vehicle shipped under this contract for such contractor when
the Mission Director determines, in advance, and so notifies the
contractor in writing, that the replacement is necessary for reasons
not due to the negligence or malfeasance of the contractor. The
determination shall be made under the same rules and regulations
that apply to authorized Mission U.S. citizen direct-hire employees.
(m) Unaccompanied Baggage. Unaccompanied baggage is considered
to be those personal belongings needed by the traveler immediately
upon arrival of the contractor and dependents, and consideration
should be given to advance shipments of unaccompanied baggage. The
contractor will be reimbursed for costs of shipment of unaccompanied
baggage (in addition to the weight allowance for household effects)
not to exceed the limitations in effect for USAID direct-hire
employees in accordance with the Foreign Service Travel Regulations
as in effect when shipment is made. These limitations are available
from the Contracting Officer. This unaccompanied baggage may be
shipped as air freight by the most direct route between authorized
points of origin and destination regardless of the modes of travel
used. This provision is applicable to home leave travel when
authorized by the terms of this contract.
(n) International Ocean Transportation. (1)(i) Transportaiton of
things. Where U.S. flag vessels are not available, or their use
would result in a significant delay, the contractor may obtain a
release from the requirement to use U.S. flag vessels from the
Transportation Division, Office of Procurement, U.S. Agency for
International Development, Washington, D.C. 20523-1419, or the
Mission Director, as appropriate, giving the basis for the request.
(ii) Transportation of persons. Where U.S. flag vessels are not
available, or their use would result in a significant delay, the
contractor may obtain a release from the requirement to use U.S.
flag vessels from the Contracting Officer or the Mission Director,
as appropriate.
(2) Transportation of foreign-made vehicles. Reimbursement of
the costs of transporting a foreign-made motor vehicle will be made
in accordance with the provisions of the Foreign Service Travel
Regulations.
(3) Reduced rates on U.S.-flag carriers are in effect for
shipments of household goods and personal effects of USAID
contractors between certain locations. These reduced rates are
available provided the shipper furnishes to the carrier at the time
of the issuance of the Bill of Lading documentary evidence that the
shipment is for the account of USAID. The Contracting Officer will,
on request, furnish to the contractor current information concerning
the availability of a reduced rate with respect to any proposed
shipment. The contractor will not be reimbursed for shipments of
household goods or personal effects in amounts in excess of the
reduced rates which are available in accordance with the foregoing.
(o) Storage of household effects. The cost of storage charges
(including packing, crating, and drayage costs) in the U.S. of
household goods of the contractor will be permitted in lieu of
transportation of all or any part of such goods to the Cooperating
Country under paragraph (l) above provided that the total amount of
effects shipped to the Cooperating Country or stored in the U.S.
shall not exceed the amount authorized for USAID direct-hire
employees under the Uniform Foreign Service Travel Regulations.
These amounts are available from the Contracting Officer.
11. Payment (Aug 1996)
(a) Once each month, or at more frequent intervals, if approved
by the paying office indicated on the Cover Page, the contractor may
submit to such office form SF 1034 ``Public Voucher for Purchases
and Services Other Than Personal'' (original) and SF 1034-A (three
copies), or whatever other form is locally required or accepted.
Each voucher shall be identified by the USAID contract number and
properly executed in the amount of dollars claimed during the period
covered. The voucher forms shall be supported by:
(1) The contractor's detailed invoice, in original and two
copies, indicating for each amount claimed the paragraph of the
contract under which payment is to be made, supported when
applicable as follows:
(i) For compensation--a statement showing period covered, days
worked, and days when contractor was in authorized travel, leave, or
stopover status for which compensation is claimed. All claims for
compensation will be accompanied by, or will incorporate, a
certification signed by the Project Officer covering days or hours
worked, or authorized travel or leave time for which compensation is
claimed.
(ii) For travel and transportation--a statement of itinerary
with attached carrier's receipt and/or passenger's coupons, as
appropriate.
(iii) For reimbursable expenses--an itemized statement supported
by original receipts.
(2) The first voucher submitted shall account for, and liquidate
the unexpended balance of any funds advanced to the contractor.
(b) A final voucher shall be submitted by the contractor
promptly following completion of the duties under this contract but
in no event later than 120 days (or such longer period as the
Contracting Officer may in his/her discretion approve in writing)
from the date of such completion. The contractor's claim, which
includes his/her final settlement of compensation, shall not be paid
until after the performance of the duties required under the terms
of this contract has been approved by USAID. On receipt and approval
of the voucher designated by the contractor as the ``final voucher''
submitted on Form SF 1034 (original) and SF 1034-A (three copies),
together with a refund check for the balance remaining on hand of
any funds which may have been advanced to the contractor, the
Government shall pay any amounts due and owing the contractor.
(c) If approved by the paying office time and attendance may be
submitted for PSCs in the same manner as is approved for direct-hire
personnel.
12. Conversion of U.S. Dollars to Local Currency (Dec 1985)
Upon arrival in the Cooperating Country, and from time to time
as appropriate, the
[[Page 39467]]
contractor shall consult with the Mission Director or his/her
authorized representative who shall provide, in writing, the policy
the contractor shall follow in the conversion of U.S. dollars to
local currency. This may include, but not be limited to the
conversion of said currency through the cognizant U.S. Disbursing
Officer, or Mission Controller, as appropriate.
13. Post of Assignment Privileges (July 1993)
Privileges such as the use of APO, PX's, commissaries and
officers clubs are established at posts abroad under agreements
between the U.S. and host governments. These facilities are intended
for and usually limited to members of the official U.S.
establishment including the Embassy, USAID Mission, U.S. Information
Service and the Military. Normally, the agreements do not permit
these facilities to be made available to non-official Americans.
However, in those cases where facilities are open to non-official
Americans, they may be used.
14. Security Requirements (June 1990)
(a) This entire provision shall apply to the extent that this
contract involves access to classified information
(``Confidential'', ``Secret'', or ``Top Secret'') or access to
administratively controlled information (``Limited Official Use'').
Contractors that are not U.S. citizens shall not have access to
classified or administratively controlled information.
(b) The contractor (1) shall be responsible for safeguarding all
classified or administratively controlled information in accordance
with appropriate instructions furnished by the USAID Office of
Security (IG/SEC), as referenced in paragraph (d) of this provision
and shall not supply, disclose, or otherwise permit access to
classified information or administratively controlled information to
any unauthorized person; (2) shall not make or permit to be made any
reproductions of classified information or administratively
controlled information except with the prior written authorization
of the Contracting Officer or Mission Director; (3) shall submit to
the Contracting Officer, at such times as the Contracting Officer
may direct, an accounting of all reproductions of classified or
administratively controlled information; and (4) shall not
incorporate in any other project any matter which will disclose
classified and/or administratively controlled information except
with the prior written authorization of the Contracting Officer.
(c) The contractor shall follow the procedures for classifying,
marking, handling, transmitting, disseminating, storing, and
destroying official material in accordance with the regulations in
the Foreign Affairs Manual, Chapter 5 (5 FAM 900), a copy of which
will be furnished by the Contracting Officer or Mission Director.
(d) The contractor agrees to submit immediately to the Mission
Director or Contracting Officer a complete detailed report,
appropriately classified, of any information which the contractor
may have concerning existing or threatened espionage, sabotage, or
subversive activity.
(e) The Government agrees that, when necessary, it shall
indicate by security classification or administratively controlled
designation, the degree of importance to the national defense of
information to be furnished by the contractor to the Government or
by the Government to the contractor, and the Government shall give
written notice of such security classification or administratively
controlled designation to the contractor and of any subsequent
changes thereof. The contractor is authorized to rely on any letter
or other written instrument signed by the Contracting Officer
changing a security classification or administratively controlled
designation of information.
(f) The contractor agrees to certify after completion of his/her
assignment under this contract that he/she has surrendered or
disposed of all classified and/or administratively controlled
information in his/her custody in accordance with applicable
security instructions.
15. Contractor-Mission Relationships (Dec 1985)
(a) The contractor acknowledges that this contract is an
important part of the U.S. Foreign Assistance Program and agrees
that his/her duties will be carried out in such a manner as to be
fully commensurate with the responsibilities which this entails.
(b) While in the Cooperating Country, the contractor is expected
to show respect for the conventions, customs, and institutions of
the Cooperating Country and not interfere in its political affairs.
(c) If the contractor's conduct is not in accordance with
paragraph (b) of this provision, the contract may be terminated
under General Provision 16 of this contract. The Contractor
recognizes the right of the U.S. Ambassador to direct his/her
immediate removal from any country when, in the discretion of the
Ambassador, the interests of the United States so require.
(d) The Mission Director is the chief representative of USAID in
the Cooperating Country. In this capacity, he/she is responsible for
the total USAID Program in the Cooperating Country including certain
administrative responsibilities set forth in this contract and for
advising USAID regarding the performance of the work under the
contract and its effect on the U.S. Foreign Assistance Program. The
contractor will be responsible for performing his/her duties in
accordance with the statement of duties called for by the contract.
However, he/she shall be under the general policy guidance of the
Mission Director, and shall keep the Mission Director or his/her
designated representative currently informed of the progress of the
work under this contract.
16. Termination (Nov 1989)
(This is an approved deviation to be used in place of the clause
specified in FAR 52.249-12.)
(a) The Government may terminate performance of work under this
contract in whole or, from time to time, in part:
(1) For cause, which may be effected immediately after
establishing the facts warranting the termination, by giving written
notice and a statement of reasons to the contractor in the event (i)
the Contractor commits a breach or violation of any obligations
herein contained, (ii) a fraud was committed in obtaining this
contract, or (iii) the contractor is guilty (as determined by USAID)
of misconduct in the Cooperating Country. Upon such a termination,
the contractor's right to compensation shall cease when the period
specified in such notice expires or the last day on which the
contractor performs services hereunder, whichever is earlier. No
costs of any kind incurred by the contractor after the date such
notice is delivered shall be reimbursed hereunder except the cost of
return transportation (not including travel allowances), if approved
by the Contracting Officer. If any costs relating to the period
subsequent to such date have been paid by USAID, the contractor
shall promptly refund to USAID any such prepayment as directed by
the Contracting Officer.
(2) For the convenience of USAID, by giving not less than 15
calendar days advance written notice to the contractor. Upon such a
termination, contractor's right to compensation shall cease when the
period specified in such notice expires except that the contractor
shall be entitled to any unused vacation leave, return
transportation costs and travel allowances and transportation of
unaccompanied baggage costs at the rate specified in the contract
and subject to the limitations which apply to authorized travel
status.
(3) For the convenience of USAID, when the contractor is unable
to complete performance of his/her services under the contract by
reason of sickness or physical or emotional incapacity based upon a
certification of such circumstances by a duly qualified doctor of
medicine approved by the Mission. The contract shall be deemed
terminated upon delivery to the Contractor of a termination notice.
Upon such a termination, the contractor shall not be entitled to
compensation except to the extent of any unused vacation or sick
leave but shall be entitled to return transportation, travel
allowances, and unaccompanied baggage costs at rates specified in
the contract and subject to the limitations which apply to
authorized travel status.
(b) The contractor, with the written consent of the Contracting
Officer, may terminate this contract upon at least 15 days' written
notice to the Contracting Officer.
17. Release of Information (Dec 1985)
All rights in data and reports shall become the property of the
U.S. Government. All information gathered under this contract by the
Contractor and all reports and recommendations hereunder shall be
treated as confidential by the Contractor and shall not, without the
prior written approval of the Contracting Officer, be made available
to any person, party, or government, other than USAID, except as
otherwise expressly provided in this contract.
18. Notices (Dec 1985)
Any notice, given by any of the parties hereunder, shall be
sufficient only if in writing and delivered in person or sent by
telegraph, telegram, registered, or regular mail as follows:
To USAID: Administrator, U.S. Agency for International
Development, Washington, D.C. 20523-0001, Attention: Contracting
Officer.
[[Page 39468]]
(name of the cognizant Contracting Officer with a copy to the
appropriate Mission Director).
To Contractor:
At his/her post of duty while in the Cooperating Country and at
the Contractor's address shown on the Cover Page of this contract or
to such other address as either of such parties shall designate by
notice given as herein required. Notices hereunder shall be
effective in accordance with this clause or on the effective date of
the notice, whichever is later.
19. Reports (June 1987)
(a) The Contractor shall prepare and submit 2 copies of each
technical report required by the schedule of this contract to the
Bureau for Program and Policy Coordination, Center for Development
Information and Evaluation, Development Information Division (PPC/
CDIE/DI). All documents should be mailed to:
PPC/CDIE/DI, Acquisitions, Room 209, SA-18, U.S. Agency for
International Development, Washington, D.C. 20523-1802.
The title page of all reports forwarded to PPC/CDIE/DI pursuant
to this paragraph shall include a descriptive title, the author's
name(s), contract number, project number and title, contractor's
name, name of the USAID project office, and the publication or
insurance date of the report.
(b) When preparing reports, the contractor shall refrain from
using elaborate art work, multicolor printing and expensive paper/
binding, unless it is specifically authorized in the Contract
Schedule. Wherever possible, pages should be printed on both sides
using single spaced type.
20. Use of Pouch Facilities (July 1993)
(a) Use of diplomatic pouch is controlled by the Department of
State. The Department of State has authorized the use of pouch
facilities for USAID contractors and their employees as a general
policy, as detailed in paragraphs (a)(1) through (a)(6) of this
provision. However, the final decision regarding use of pouch
facilities rests with the Embassy or USAID Mission. In consideration
of the use of pouch facilities as hereinafter stated, the Contractor
agrees to indemnify and hold harmless the Department of State and
USAID for loss or damage occurring in pouch transmission.
(1) Contractors are authorized use of the pouch for transmission
and receipt of up to a maximum of 0.90 kilogram/2 pounds per
shipment of correspondence and documents needed in the
administration of foreign assistance programs.
(2) U.S. citizen contractors are authorized use of the pouch for
personal mail up to a maximum of 0.45 kilogram/one pound per
shipment (but see (a)(3) below). Non-U.S. citizen Contractors are
not permitted use of the pouch for personal mail except to the
extent that such use may be authorized by the Chief of Mission.
(3) Merchandise, parcels, magazines, or newspapers are not
considered to be personal mail for purpose of this clause, and are
not authorized to be sent or received by pouch.
(4) Official and personal mail under paragraphs (a) (1) and (2)
of this provision, sent by pouch, should be addressed as follows:
Individual's Name (C), U.S. Agency for International
Development, Washington, D.C. 20523-0001.
(5) Mail sent via the diplomatic pouch may not be in violation
of U.S. Postal laws and may not contain material ineligible for
pouch transmission.
(6) Use of military postal facilities (APO/FPO) is authorized to
U.S. contractors on the same basis as approved for direct-hire
employees at the USAID Mission. Posts having access to APO/FPO
facilities and using such for diplomatic pouch dispatch, may,
however, accept official and personal mail for the pouch provided,
of course, adequate postage is affixed when onward transmission
(mail to other than USAID/W) through U.S. postal channels is
required.
(b) The contractor shall be responsible for compliance with
these guidelines and limitations on use of pouch facilities.
(c) Specific additional guidance on use of pouch facilities in
accordance with this clause is available from the Post Communication
Center at the Embassy or USAID Mission.
21. Biographical Data (June 1990)
(a) The contractor agrees to furnish biographical information to
the Contracting Officer on forms (SF 171 and 171As) provided for
that purpose.
(b) Emergency locator information. The contractor agrees to
provide the following information to the Mission Administrative
Officer on arrival in the host country regarding himself/herself and
dependents:
(1) Contractor's full name, home address, and telephone number
including any after-hours emergency number(s).
(2) The name and number of the contract, and whether the
individual is the contractor or the contractor's dependent.
(3) The name, address, and home and office telephone number(s)
of each individual's next of kin.
(4) Any special instructions pertaining to emergency situations
such as power of attorney designees or alternate contact persons.
22. U.S. Resident Hire Personal Services Contractor (June 1990)
A contractor meeting the definition of a U.S. Resident Hire PSC
contained in Section 12, General Provisions, Clause 1, Definitions,
shall be subject to U.S. Federal Income Tax, but shall not be
eligible for any fringe benefits (except contributions for FICA,
health insurance and life insurance), allowances, or differentials,
including but not limited to travel and transportation, medical,
orientation, home leave, etc., unless such individual can
demonstrate to the satisfaction of the Contracting Officer that he/
she has received similar benefits/allowances from their immediately
previous employer in the Cooperating Country, or the Mission
Director determines that payment of such benefits would be
consistent with the Mission's policy and practice and would be in
the best interest of the U.S. Government.
23. Orientation and Language Training (July 1993)
(a) Except as set forth in paragraph (b)(4) below, the
Contractor shall receive a maximum of 2 weeks USAID orientation
before travel overseas. The dates of orientation shall be selected
by the Contractor and approved by the Contracting Officer from the
orientation schedule provided by USAID.
(b) As either set forth in the Contract Schedule, or provided in
writing by the Contracting Officer, the following may be authorized
taking into consideration specific job requirements, contractor's
prior overseas experience, or unusual circumstances, in connection
with orientation of individual Contractors:
(1) Modified orientation,
(2) Language training,
(3) Orientation for Contractor's dependents at contract expense.
(4) Waiver of orientation for individual contractor.
(c) Transportation costs and travel allowances not to exceed one
round trip from the Contractor's residence to place of orientation
and return will be reimbursed, pursuant to Clause 10 of the General
Provisions, entitled ``Travel and Transportation Expenses,'' if the
orientation is more than 80 kilometers/50 miles from the
contractor's residence.
Allowable salary costs during the period of orientation are also
reimbursable.
24. Conditions for Contracting Prior to Receipt of Security Clearance
(July 1993)
(a) U.S. Resident Hire PSC. The contractor may commence work
prior to the completion of the security clearance. However, until
such time as clearance is received, the contractor shall have no
access to classified or administratively controlled materials.
Further, failure to obtain clearance will constitute cause for
contract termination in accordance with paragraph (a)(2) of General
Provision 16 of this contract.
(b) U.S. PSC--Non-Resident Hire. The contractor may elect to
commence travel to post immediately to begin work prior to
completion of the security clearance. However, until such time as
security clearance is received, the contractor shall:
(1) Have no access to classified or administratively controlled
materials;
(2) Be authorized to travel to post himself/herself only; and
(3) Be authorized no entitlements other than those normally
authorized for short term (less than a year) employees at post. Even
if the contract is for one year or more, dependents may not
accompany contractor unless at his/her expense, and transportation/
storage of household/personal effects and motor vehicle will not be
financed by USAID prior to the receipt of the security clearance.
Upon receipt of clearance, the Contracting Officer will authorize
reimbursement of any such costs borne at contractor's expense prior
to clearance provided they are reasonable, allocable and allowable.
If appropriate given the length of time remaining, the Contracting
Officer will authorize dependent travel and shipment/storage of
motor vehicle and effects. Allowances which would not be provided to
short term employees will be authorized after clearance is received
provided that the contractor is otherwise entitled to such benefits.
Failure to obtain the security
[[Page 39469]]
clearance will constitute cause for contract termination in
accordance with paragraph (a)(2) of General Provision 16 of this
contract.
25. Medical Evacuation (MEDEVAC) Services (July 1993)
(a) The contractor agrees to obtain medevac service coverage for
himself/herself and his/her authorized dependents while performing
personal services abroad. Coverage shall be obtained pursuant to the
terms of the contract between USAID and USAID's medevac service
provider unless exempted in accordance with paragraph (b).
(b) The following are exempted from the requirements in
paragraph (a):
(1) Contractors and their dependents with a health insurance
program that includes sufficient medevac coverage as approved by the
Contracting Officer.
(2) Contractors and their dependents located at Missions where
the Mission Director makes a written determination to waive the
requirement for such coverage based on findings that the quality of
local medical services or other circumstances obviate the need for
such coverage.
(c) Information on the current medevac service provider,
including application procedures, is available from the Contracting
Officer.
26. Governing Law (Nov 1996)
This contract is established under the procurement authorities
of the United States Government and shall be interpreted in
accordance with the body of Federal Procurement Law in the United
States. This contract is a complete statement of the duties,
compensation, benefits, leave, notice, termination, and the like;
therefore, the laws of the country of performance with respect to
labor and contract matters shall not apply to either the carrying
out of the obligations of the parties or to the interpretation of
this agreement.
13. FAR Clauses to be Incorporated in Full Text in Personal
Services Contracts.
The following FAR Clauses are always to be used along with the
General Provisions. They are required in full text.
1. Covenant Against Contingent Fees 52.203-5
2. Electronic Funds Transfer Payment Methods 52.232-28
3. Disputes 52.233-1 (Alternate 1)
4. Preference for U.S. Flag Air Carriers 52.247-63
14. FAR Clauses to be Incorporated by Reference in Personal
Services Contracts
The following FAR Clauses are to be used along with the General
Provisions, and when appropriate, be incorporated in each personal
services contract by reference:
1. Anti-Kickback Procedures 52.203-7
2. Limitation on Payments to Influence Certain Federal Transactions
52.203-12
3. Audit and Records--Negotiation 52.215-2
4. Privacy Act Notification 52.224-1
5. Privacy Act 52.224-2
6. Taxes--Foreign Cost Reimbursement Contracts 52.229-8
7. Interest 52.232-17
8. Limitation of Cost 52.232-20
9. Limitation of Funds 52.232-22
10. Assignment of Claims 52.232-23
11. Protection of Government Buildings, Equipment, and Vegetation
52.237-2
12. Notice of Intent to Disallow Costs 52.242-1
13. Inspection 52.246-5
14. Limitation of Liability--Services 52.246-25
Dated: May 21, 1997.
Marcus L. Stevenson,
Procurement Executive.
[FR Doc. 97-18601 Filed 7-22-97; 8:45 am]
BILLING CODE 6116-01-M
