[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Rules and Regulations]
[Pages 42929-42942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20717]
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INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Agency for International Development
48 CFR Chapter 7, Appendix J
[AIDAR Notice 97-3]
RIN 0412-AA-35
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 J, ``Direct-USAID Contracts--with Cooperating
Country Nationals and With Third Country Nationals for Personal
Services Abroad'' in its entirety.
DATES: This rule is effective September 10, 1997.
FOR FURTHER INFORMATION CONTACT: Mrs. Patricia L. Bullock, Office of
Procurement, Policy Division (M/OP/P), USAID, Room 1600A, SA-14,
Washington, D.C. 20523-1435, (703) 875-1534.
SUPPLEMENTARY INFORMATION: The Aid Acquisition Regulation is being
amended to make the following changes in Appendix J: (1) change
references to USAID's Handbook System, when possible, to the respective
numbered reference in the Automated Directives System (ADS); (2) change
language to reflect the new identification of work in the New
Management System (NMS); (3) revise the Cover Page to reflect the
Coding in the NMS, as well as other administrative changes; (4)
incorporate a new Cover Page; (5) remove the Prompt Pay language; (6)
add FAR Clauses which were inadvertently dropped; (7) provide
clarification regarding what authorities, duties and responsibilities
Cooperating Country Nationals (CCNs) or Third Country Nationals (TCNs)
may have delegated to them; and (8) provide for Meritorious step-
increases for CCNs provided the granting of such increases is the
general practice locally in each country.
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 Paperwork
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 Notice or any
other part of the AIDAR at anytime. Comments or questions may be
addressed as specified in the FOR FURTHER INFORMATION CONTACT section
of the Preamble.
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 J of 48 CFR Chapter 7 is revised to read as follows:
Appendix J--Direct USAID Contracts With a Cooperating Country
National and With a Third Country National for Personal Services
Abroad
1. General
(a) Purpose. This appendix sets forth the authority, policy, and
procedures under which USAID contracts with cooperating country
nationals or third country nationals for personal services abroad.
(b) Definitions. For the purpose of this appendix:
(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 (i) the contract's terms or (ii) 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-personal 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 these relationships, the Government does not normally
supervise the performance of the work, or the manner in which it is to
be performed, control the days of the week or hours of the day in which
it is to be performed, or the location of performance.
(5) Contractor means a cooperating country national or a third
country national who has entered into a contract pursuant to this
appendix.
(6) Cooperating country means the country in which the employing
USAID Mission is located.
(7) Cooperating country national (CCN) means an individual who is a
cooperating country citizen or a non-cooperating country citizen
lawfully admitted for permanent residence in the cooperating country.
(8) Third Country National (TCN) means an individual
(i) who is neither a citizen nor a permanent legal resident alien
of the United States nor of the country to which assigned for duty, and
(ii) who is eligible for return to his/her home country or country
of recruitment at U.S. Government expense [see Section 12, General
Provision 9 paragraph (n)].
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.
[[Page 42930]]
(b) Section 636(a)(3) of the FAA 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
CCNs or TCNs to provide assistance abroad under Section 636(a)(3) of
the FAA.
(b) This appendix does not apply to:
(1) Contracts for non-personal services with TCNs or CCNs; such
contracts are covered by the basic text of the FAR and AIDAR.
(2) Personal services contracts with U.S. citizens or U.S. resident
aliens for personal services abroad; such contracts are covered by
Appendix D of this chapter.
(3) Appointments of experts and consultants as USAID direct-hire
employees; such appointments are covered by USAID Handbook 25,
Employment and Promotion or superseding Chapters of the Automated
Directive System (ADS).
4. Policy
(a) General. USAID may finance, with either program or operating
expense (OE) funds, the cost of personal services as part of the
Agency's program of foreign assistance by entering into a direct
contract with a CCN or a TCN for personal services abroad.
(1) Program funds. Under the authority of Section 636(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 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 but only funded as outlined above.
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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, Cooperating Country or Third Country
Nationals may be delegated or assigned any authority, duty or
responsibility, delegated or assigned U.S. citizen direct-hire
employees (USDH employees) except that:
a. They may not supervise USDH 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 a Contracting Officer 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. Services which involve security classified material.
(4) Exceptions. Exceptions to the limitations in (b)(3) must be
approved by the Assistant Administrator for Management (AA/M).
(c) Conditions of Employment.
(1) General. For the purpose of any law administered by the U.S.
Office of Personnel Management, USAID PSC contractors are not to be
regarded as employees of the U.S. Government, are not included under
any retirement or pension program of the U.S. Government, and are not
eligible for the Incentive Awards Program covered by Uniform State/
USAID/USIA regulations. Each USAID Mission is expected to participate
in the Joint Special Embassy Incentive Awards Program. The program is
administered by a joint committee which establishes procedures for
submission, review and approval of proposed awards. Other than these
exceptions, CCNs and TCNs who are hired for work in a cooperating
country under PSCs generally will be extended the same benefits and be
subject to the same restrictions as Foreign Service Nationals (FSNs)
employed as direct-hires by the USAID Mission.
(2) Compensation. (i) It is USAID's general policy (see AIDAR
722.170) that PSC compensation may not, without the approval of the
Mission Director or Assistant Administrator, exceed the prevailing
compensation paid to personnel performing comparable work in the
cooperating country. Compensation for TCN or CCN personal services
contractors set in accordance with the provisions of 4c(2)(ii) below
satisfies this requirement.
(ii) In accordance with Section 408(a)(1) of the Foreign Service
Act of 1980, a local compensation plan forms the basis for all
compensation payments to FSNs which includes CCNs and TCNs. The plan is
each post's official system of position classification and pay,
consisting of the local salary schedule which includes salary rates,
statements authorizing fringe benefit payments, and other pertinent
facets of compensation for TCNs and CCNs, and the local position
classification system as reflected in the Local Employee Position
Classification Handbook (LEPCH) or equivalent in effect at the Mission.
Compensation for PSCs will be in accordance with the local compensation
plan, to the extent that it covers employees of the type or category
being employed, unless the Mission Director determines otherwise. If
the Mission Director determines that compensation in accordance with
the local plan would be inappropriate in a particular instance, then
compensation will be set in accordance with (in order of preference):
(A) Any other Mission policies on foreign national employee
compensation; or
(B) Paragraphs 4(c) (d), (e), (g), (h), and (i) of Appendix D. When
compensation is set in accordance with this exception, the record shall
be documented in writing with a justification prepared by the
requesting office and approved by the Mission Director.
(iii) The earning of leave (annual and sick), allowances and
differential (if applicable), salaries and all other related benefits
cannot be enumerated in this Appendix as they vary from Mission to
Mission and are based upon the compensation plan for each.
(iv) Unless otherwise authorized, the currency in which
compensation is paid to contractors shall be in accordance with the
prevailing local compensation practice of the post.
(v) CCN and TCN contractors are eligible for allowances and
differential on the same basis as direct-hire FSN employees under the
post compensation plan.
(vi) A USAID PSC who is a spouse of a current or retired U.S. Civil
Service, U.S. Foreign Service, or U.S. military service member, and who
is covered by their spouse's government health or life
[[Page 42931]]
insurance policy, is ineligible for a contribution towards the costs of
annual health and life insurance.
(vii) Retired CCNs and TCNs may be awarded personal services
contracts without any reduction in or offset against their Government
annuity.
(3) Incentives Awards. (i) All Cooperating Country Nationals
direct-hire and Personal Services Contractors (PSCs) and Third Country
Nationals (PSCs) of the Foreign Affairs Community are eligible for the
Joint Special Embassy Incentive Awards Program.
(ii) Meritorious Step Increases for USAID FSN PSCs may be
authorized provided the granting of such increases is the general
practice locally.
(iii) The Joint Country Awards Committee administers each post's
(Embassy) award program, including establishment of procedures for
submission, review and approval of proposed awards.
(4) Training. CCN and TCN PSCs are eligible for most of the
training courses offered in the Training Course Schedule. However,
applications will be processed on a case-by-case basis and are required
to be approved by the Contracting Officer.
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 procurement
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) A certification from the officer in the Mission responsible for
the LEPCH or equivalent that the position has been reviewed and is
properly classified as to a title, series and grade in accordance with
the LEPCH. If the position does not fall within the LEPCH or equivalent
system, and estimate of compensation based on subparagraphs 4(c)(2)(ii)
(A) or (B) of this Appendix after consultations or in coordination with
the contract officer or executive officer;
(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 certified biographical data and salary history.
(Upon receipt, one copy of the above information 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, and General Provisions as well as the FAR Clause to be
included in full text and a list of those to be incorporated by
reference; and
(iv) A copy of General Notice entitled ``Employee Review of the New
Standards of Conduct'' dated October 30, 1992.
(2) The Contracting Officer shall comply with the limitations of
AIDAR 706.302-70(c) as detailed in paragraph 5(c) below.
(c) Competition. (1) Under AIDAR 706.302-70(b)(1), Personal
Services Contracts 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) A class justification was approved by the USAID Procurement
Executive to satisfy the requirements of AIDAR 706.302-70(c)(2) for a
justification in accordance with FAR 6.303. Use of this class
justification for Personal Services Contracts with Cooperating Country
Nationals and Third Country Nationals is subject to the following
conditions:
(i) New contracts are publicized consistent with Mission/Embassy
practice on announcement of direct hire FSN positions. Renewals or
extensions with the same individual for continuing service do not need
to be publicized.
(ii) 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 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. If the conditions in paragraphs (2)(i) and (ii)
are not followed, the Contracting Officer must prepare a separate
justification as required under AIDAR 706.302-70(c)(2).
(3) Since the award of a personal services contract is based on
technical qualifications, not price, and since the biographical data
and salary history are used to solicit for such contracts, FAR Subparts
15.4 and 15.5 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 and
negotiations procedures are more akin to the personal selection
procedures.
(a) Technical Officer's Responsibilities. The Technical Officer
shall be responsible for reviewing and evaluating the applications
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 biographical
data and salary history received under the solicitation to the
Technical Officer for evaluation.
(2) On receipt of the Technical Officer's recommendation, the
Contracting Officer shall conduct negotiations with the recommended
applicant. The terms and conditions of the contract will normally be in
accordance with the local compensation plan which forms the basis for
all compensation on payments paid to FSNs which includes CCNs and TCNs.
(3) The Contracting Officer shall use the certified salary history
on the certified statement of biographical data and salary history as
the basis for salary negotiations, along with the Technical Officer's
cost estimate.
(4) The Contracting Officer will obtain necessary data for a
security and suitability clearance to the extent required by USAID
Handbook 6, Security or superseding ADS Chapters.
7. Executing a Personal Services Contract
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. See AIDAR 701.601. In executing a personal
[[Page 42932]]
service contract, the Contracting Officer is responsible for insuring
that:
(a) The proposed contract is within his/her delegated authority;
(b) A written detailed statement of duties covering the proposed
contract has been received;
(c) The proposed scope of work is contractible, contains a
statement of minimum qualifications from the technical office
requesting the services, and is suitable for 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 scope of work does not require performance of any function
normally reserved for direct-hire Federal employees (under 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);
(d) Selection of the contractor is documented and justified (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);
(e) The standard contract format prescribed for a Cooperating
Country National and a Third Country National personal services
contract (Sections 9, 10, 11, 12, and 13 of this Appendix as
appropriate) is used, or that any necessary deviations are processed as
required by AIDAR 701.470;
(f) 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);
(g) The contract is complete and correct and all information
required on the contract Cover Page (USAID form 1420-36B) has been
entered;
(h) The contract has been signed by the Contracting Officer and the
contractor, and fully executed copies are properly distributed;
(i) 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) Security clearance to the extent required by USAID Handbook 6,
Security or other superseding Chapters of the Automated Directives
System;
(2) Mission, host country, and technical office clearance, as
appropriate;
(3) Medical clearance(s) based on a full medical examination(s) and
statement of medical opinion by a licensed physician. The physician's
medical opinion must be in the possession of the Contracting Officer
prior to signature of contract. If a TCN is recruited, medical
clearance requirements apply to the contractor and each dependent who
is authorized to accompany the contractor;
(4) The approval for any salary in excess of ES-6, in accordance
with Appendix G of this chapter;
(5) A copy of the class justification or other appropriate
explanation and support required by AIDAR 706.302-70, if applicable;
(6) Any deviation to the policy or procedures of this Appendix,
processed and approved under AIDAR 701.470;
(7) The memorandum of negotiation;
(j) The position description is classified in accordance with the
LEPCH, and the proposed salary is consistent with the local
compensation plan or the alternate procedures established in
4(c)(2)(ii) above;
(k) Funds for the contract are properly obligated to preclude
violation of the Anti-Deficiency Act, 31 U.S.C. 134 (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);
(l) The contractor receives and understands USAID General Notice
entitled ``Employee Review of the New Standards of Conduct'' dated
October 30, 1992 and a copy is attached to each contract, as provided
for in paragraph (c) of General Provision 2, Section 12;
(m) Agency conflict of interest requirements, as set out in the
above notice are also met by the contractor prior to his/her reporting
for duty;
(n) A copy of a Checklist for Personal Services Contractors which
may be in the form set out above or another form convenient for the
contracting officer, provided that a form containing all of the
information described in this paragraph 7 shall be prepared for each
PSC and placed in the contract file;
(o) In consultation with the regional legal advisor and/or the
regional contracting officer, the contract is modified by deleting from
the General Provisions (Sections 12 and 13 of this Appendix) the
inapplicable clause(s) by a listing in the Schedule; and
(p) The block entitled, ``Acquisition and Assistance Request
Document'' on the Cover Page of the contract format is completed by
inserting the four-segment technical number as prescribed in USAID
Handbook 18, the USAID Code Book Appendix D or superseding ADS Chapter
if the PSC is project-funded.
8. Contracting Format
The prescribed Contract Cover Page, Contract Schedules, General
Provisions and FAR Clauses for personal service contracts for TCNs and
CCNs covered by this Appendix are included as follows:
9. ``Cover Page'' for a Contract with a Cooperating Country
National or with a Third Country National for Personal Services.
10. ``Schedule'' for a Contract with a Cooperating Country National
or Third Country National Personal Services Contracts.
11. ``Optional Schedule'' for a Contract with a Cooperating Country
National or Third Country National Personal Services Contracts.
[Use of the Optional Schedule is intended to serve as an alternate
procedure for OE funded Foreign Service National PSCs. The schedule was
developed for use when the Contracting Officer anticipates incremental
recurring cost funded contracts. It should be noted that 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.]
12. ``General Provisions`` for a Contract With a Cooperating
Country National or With a Third Country National for Personal
Services.
13. FAR Clauses to be incorporated in full text as well as by
reference in Personal Services Contracts.
9. ``Cover page'' for a Contract With a Cooperating Country National or
With a Third Country National for Personal Services.
--AID Form 1420-36B (11/96)
BILLING CODE 6116-01-M
[[Page 42933]]
[GRAPHIC] [TIFF OMITTED] TR11AU97.005
BILLING CODE 6116-01-C
[[Page 42934]]
10. ``Schedule'' for a Contract With a Cooperating Country National or
Third Country National Personal Services Contracts
Contract No. ______
Table of Contents
The Schedule on pages ____ through ____ consists of this Table of
Contents, the following Articles, and General Provisions:
Article I Statement of Duties
Article II Period of Service
Article III Contractor's Compensation and Reimbursement
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. Compliance with Applicable Laws and Regulations
3. Physical Fitness
4. Security
5. Workweek
6. Leave and Holidays
7. Social Security and Cooperating Country Taxes
8. Insurance
9. Travel and Transportation
10. Payment
11. Contractor-Mission Relationships
12. Termination
13. Allowances
14. Advance of Dollar Funds
15. Conversion of U.S. Dollars to Local Currency
16. Post of assignment Privileges
17. Release of Information
18. Notices
19. Incentive Awards
20. Training
21. Medical Evacuation Services
Schedule
Note: Use of the following Schedule is not mandatory.
The Schedule is intended to serve as a guideline and as a checklist
for contracting offices in drafting contract schedules. Article
language shall be changed to suit the needs of the particular contract.
Special attention should be given to the financial planning sections
where unnecessary line items should be eliminated.
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. Orientation or training to be provided by USAID.]
Article II--Period of Service
Within ____ days after written notice from the Contracting Officer
that all clearances, including the statement of medical opinion
required under General Provision Clause 3, have been received, unless
another date is specified by the contracting officer in writing, the
contractor shall proceed to ____ and shall promptly commence
performance of the duties specified above. The contractor's period of
service shall be approximately ____ in ____. (Specify time of duties in
each location.)
Article III--Contractor's Compensation and Reimbursement
A. Except as reimbursement may be specifically authorized by the
Mission Director or contracting officer, USAID shall pay the contractor
compensation after it has accrued and make reimbursements, if any are
due, in currency of the post or for necessary and reasonable costs
actually incurred in the performance of this contract within the
categories listed in Paragraph D, below, and subject to the conditions
and limitations applicable thereto as set out herein and in the
attached General Provisions (GPs).
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 and sick leave which may be earned during
contractor's tour of duty (GP Clause No. 6), (2) ____ days for
authorized travel (GP Clause 9), and (3) ____ days for orientation and
consultation if required by the Statement of Duties.
C. The contractor shall earn vacation leave at the rate of ____
days per year under the contract (provided the contract is in force for
at least 90 days) and shall earn sick leave at the rate of ____ days
per year under the contract.
D. Allowable Costs.
1. Compensation at the rate of LC ____ per (year) (month) (week)
(day), equivalent to Grade FSN-____ / ____, in accordance with the
Mission's Local Compensation Plan. If during the effective period of
this contract the Local Compensation Plan is revised, contractor's
compensation will be revised accordingly and contractor will be
notified in writing by the contracting officer. Adjustments in
compensation for periods when the contractor is not in compensable pay
status shall be calculated as follows: Rate of LC ____ per (day)
(hour).
LC ____
2. Overtime (Unless specifically authorized in the Schedule of this
contract, no overtime hours shall be allowed hereunder.)
3. Travel and Transportation (Ref. GP Clause 9). (Includes the
value of TRs furnished by the Government, not payable to contractor).
a. United States--$______
b. International--$______
c. Cooperating and Third Country--$______, LC ______
Subtotals Item 3--$______, LC ______
4. Subsistence or Per Diem (Ref. GP Clause 9).
a. United States--$______
b. International--$______
c. Cooperating and Third Country--$______, LC______
Subtotals Item 4--$______, LC______
5. Other Direct Costs
a. Physical Examination (Ref. GP Clause 3)--LC______
b. Miscellaneous--LC______
Subtotal Item--LC______
Total Estimated Costs (Lines 1 thru 5) $______ LC ______
E. Maximum U.S. Dollar and Local Currency Obligation.
In no event shall the maximum U.S. Dollar obligation under this
contract exceed $____ nor shall the maximum local currency obligation
exceed LC ____. Contractor shall keep a close account of all
obligations incurred and accrued hereunder and promptly notify the
contracting officer whenever it appears that the said maximum is not
sufficient to cover all compensation and costs reimbursable which are
anticipated under the contract.
F. Under the Joint Incentive Awards Program for FSN monetary awards
will be made pending availability of funds. The increase for the award
will be effected by the execution of an SF-1126 which will be attached
to the contract and will form a part of the contract. In no event may
costs under the contract exceed the total amount obligated.
Meritorious Step Increases for FSN PSCs may be authorized provided
the granting of such increase is the general practice locally.
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
[[Page 42935]]
the Mission, shall be paid to the contractor in a manner adapted to the
local situation, based on vouchers submitted in accordance with GP
Clause 10. The documentation for such costs shall be on such forms and
in such manner as the Mission Director shall prescribe.
C. Cooperating or U.S. Government Furnished Equipment and
Facilities.
[List any logistical support, equipment, and facilities to be
provided by the cooperating government or the U.S. Government at no
cost to this contract; e.g., office space, supplies, equipment,
secretarial support, etc., and the conditions, if any, for use of such
equipment.]
Article V--Precontract Expenses
No expense incurred before signing 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 to meet specific
requirements of an individual contract.]
11. Optional Schedule for a Contract With a Cooperating Country
National or Third Country National Personal Services Contracts
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 Cooperating Country
National and Third Country National PSCs. The schedule was developed
for use when the Contracting Officer anticipates incremental recurring
cost funded contracts.
It should be noted that use of the Optional Schedule eliminates the
need to amend the contract each time funds are obligated. However,
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 ____ through ____ consists of this Table of
Contents and the following Articles:
Article I Statement of Duties
Article II Period of Service
Article III Contractor's Compensation and Reimbursement
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. Compliance with Applicable Laws and Regulations
3. Physical Fitness
4. Security
5. Workweek
6. Leave and Holidays
7. Social Security and Cooperating Country Taxes
8. Insurance
9. Travel and Transportation
10. Payment
11. Contractor-Mission Relationships
12. Termination
13. Allowances
14. Advance of Dollar Funds
15. Conversion of U.S. Dollars to Local Currency
16. Post of Assignment Privileges
17. Release of Information
18. Notices
19. Incentive Awards
20. Training
21. Medical Evacuation Services
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. Orientation or training to be provided by USAID.]
Article II--Period of Service
Employment under this contract is of a continuing nature. Its
duration is expected to be part of a series of sequential contracts;
all contract provisions and clauses and regulatory requirements
concerning availability of funds and the specific duration of this
contract shall apply.
Within 10 days after written notice from the Contracting Offices
that all clearances have been received, unless another date is
specified by the Contracting Officer in writing, the contractor shall
proceed to (name place) and shall promptly commence performance of the
duties specified in Article I of this contract. The contractor's period
of service shall be approximately (specify duration from date to date).
Article III--Contractor's Compensation and Reimbursement
A. Except as reimbursement may be specifically authorized by the
Mission Director or Contracting Officer, USAID shall pay the contractor
compensation after it has accrued and make reimbursements, if any are
due in currency of the cooperating country (LC) in accordance with the
prevailing practice of the post or for necessary and reasonable costs
actually incurred in the performance of this contract within the
categories listed in paragraph E, below, and subject to the conditions
and limitations applicable thereto as set out herein and in the
attached General Provisions (GPs).
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 and sick leave which may be earned during the
contractor's tour of duty (GP Clause No. 6), (2) ____ days for
authorized travel (GP Clause 9), and (3) ____ days for orientation and
consultation if required by the Statement of Duties.
C. The contractor shall earn vacation leave at the rate of ____
days per year under the contract (provided the contract is in force for
at least 90 days) and shall earn sick leave at the rate of ____ days
per year under the contract.
D. All employee rights and benefits from the previous contract or
employment, i.e., accumulated annual and sick leave balances, original
service computation dates, reserve fund contributions, accumulated
compensatory time, social security contributions, seniority and
longevity bonuses are considered allowable costs and as a continuation
as long as the break in service does not exceed three days.
E. 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. Overtime (Unless specifically authorized in the Schedule of this
contract, no overtime hours shall be allowed hereunder.)
[[Page 42936]]
LC____
3. Travel and Transportation (Ref. GP Clause 9). (Includes the
value of TRs furnished by the Government, not payable to contractor).
a. United States--$____
b. International--$____
c. Cooperating and Third Country--$____, LC ____
Subtotals Item 3--$____, LC ____
4. Subsistence or Per Diem (Ref. GP Clause 9.)
a. United States--$____
b. International--$____
c. Cooperating and Third Country--$____, LC ____
Subtotals Item 4--$____, LC ____
5. Other Direct Costs.
a. Physical Examination (Ref. GP Clause 3)--$____, LC ____
b. Miscellaneous--$____, LC ____
Subtotals Item 5--$____, LC ____
Total Estimated Costs (Lines 1 thru 5) $____, LC ____
F. Allowable costs compensation and all terms and benefits of
employment under this contract will be in accordance with the Mission's
local compensation plan. 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 FSN 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.
Any adjustment or increase in the compensation granted to direct-
hire employees under the local compensation plan 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.
At the end of each year of satisfactory service, PSC contractors
will be eligible to receive an increase equal to one annual step
increase as shown in the local compensation plan, pending availability
for funds. 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.
Under the Joint Inventive Awards Program for FSNs, monetary awards
will be made pending availability of funds. The increase for the award
will be effected by the execution of an SF-1126 which will be attached
to the contract and will form a part of the contract. In no event may
costs under the contract exceed the total amount obligated.
Meritorious Step Increases for FSN PSCs may be authorized provided
the granting of such increase is the general practice locally.
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 GP Clause 10. The documentation for such costs shall be
on such forms and in such manner as the Mission Director shall
prescribe.
C. Cooperating or U.S. Government Furnished Equipment and
Facilities.
[List any logistical support, equipment, and facilities to be
provided by the cooperating government or the U.S. Government at no
cost to this contract; e.g., office space, supplies, equipment,
secretarial support, etc., and the conditions, if any, for use of such
equipment.]
Article V--Precontract Expenses
No expense incurred before signing 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 to meet specific
requirements of an individual contract.]
12. General Provisions for a Contract With a Cooperating Country
National or With a Third Country National for Personal Services
To be used to contract with cooperating country nationals or third
country nationals for personal services.
Index of Clauses
1. Definitions
2. Compliance with Applicable Laws and Regulations
3. Physical Fitness
4. Security
5. Workweek
6. Leave and Holidays
7. Social Security and Cooperating Country Taxes
8. Insurance
9. Travel and Transportation
10. Payment
11. Contractor-Mission Relationships
12. Termination
13. Allowances
14. Advance of Dollar Funds
15. Conversion of U.S. Dollars to Local Currency
16. Post of Assignment Privileges
17. Release of Information
18. Notices
19. Incentive Awards
20. Training
21. Medical Evacuation Services
1. Definitions (July 1993)
[For use in both Cooperating Country National (CCN) and Third
Country National (TCN) Contracts].
(a) USAID shall mean the U.S. Agency for International Development.
(b) Administrator shall mean the Administrator or the Deputy
Administrator of the U.S. Agency for International Development.
(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) Cooperating Country National shall mean the individual engaged
to serve in the Cooperating Country 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) Economy Class air travel shall mean a class of air travel which
is less than business or first class.
[[Page 42937]]
(i) Local Currency shall mean the currency of the cooperating
country.
(j) Mission shall mean the United States USAID Mission to, or
principal USAID office in, the Cooperating Country.
(k) Mission Director shall mean the principal officer in the
Mission in the Cooperating Country, or his/her designated
representative.
(l) Third Country National shall mean an individual (i) who is
neither a citizen of the United States nor of the country to which
assigned for duty, and (ii) who is eligible for return travel to the
TCN's home country or country from which recruited at U.S. Government
expenses, and (iii) who is on a limited assignment for a specific
period of time.
(m) Tour of Duty shall mean the contractor's period of service
under this contract and shall include, authorized leave and
international travel.
(n) Traveler shall mean the contractor or dependents of the
contractor who are in authorized travel status.
(o) Dependents shall mean spouse and children (including step and
adopted children who are unmarried and under 21 years of age or,
regardless of age, are incapable of self-support.
2. Compliance With Laws and Regulations Applicable Abroad (July 1993)
[For use in both CCN and TCN Contracts].
(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. [For TCNs
Only].
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) the AID General Notice entitled Employee Review of the New
Standards of Conduct. The contractor acknowledges receipt of a copy of
these documents by his/her acceptance of this contract.
3. Physical Fitness (July 1993)
[For use in both CCN and TCN Contracts].
(a) Cooperating Country National.
The contractor shall be examined by a licensed doctor of medicine,
and shall obtain a statement of medical opinion that, in the doctor's
opinion, the contractor is physically qualified to engage in the type
of activity for which he/she is to be employed under the contract. A
copy of the medical opinion shall be provided to the Contracting
Officer before the contractor starts work under the contract. The
contractor shall be reimbursed for the cost of the physical examination
based on the rates prevailing locally for such examinations in
accordance with Mission practice.
(b) Third Country National.
(i) The contractor shall obtain a physical examination for himself/
herself and any authorized dependents by a licensed doctor of medicine.
The contractor shall obtain a statement of medical opinion from the
doctor that, in the doctor's opinion, the contractor is physically
qualified to engage in the type of activity for which he/she is to be
employed under the contract, and the contractor's authorized dependents
are physically qualified to reside in the cooperating country. A copy
of that medical opinion shall be provided to the Contracting Officer
prior to the dependents' departure for the cooperating country.
(ii) The contractor shall be reimbursed for the cost of the
physical examinations mentioned above as follows: (1) based on those
rates prevailing locally for such examinations in accordance with
Mission practice or (2) if not done locally, not to exceed $100 per
examination for the contractor's dependents of 12 years of age and over
and not to exceed $40 per examination for contractor's dependents under
12 years of age. The contractor shall also be reimbursed for the cost
of all immunizations normally authorized and extended to FSN employees.
4. Security (July 1993)
[For use in both CCN and TCN Contracts].
(a) The contractor is obligated to notify immediately the
Contracting Officer if the contractor is arrested or charged with any
offense during the term of this contract.
(b) The contractor shall not normally have access to classified or
administratively controlled information and shall take conscious steps
to avoid receiving or learning of such information. However, based on
contractor's need to know, Mission may authorize access to
administratively controlled information for performance of assigned
scope of work on a case-by-case basis in accordance with USAID Handbook
6 or superseding ADS Chapters.
(c) The contractor agrees to submit immediately to the Mission
Director or Contracting Officer a complete detailed report, marked
``Privileged Information'', of any information which the contractor may
have concerning existing or threatened espionage, sabotage, or
subversive activity against the United States of America or the USAID
Mission or the cooperating country government.
5. Workweek (Oct 1987)
[For use in both CCN and TCN Contracts].
The contractor's workweek shall not be less than 40 hours, unless
otherwise provided in the Schedule, and shall coincide with the
workweek for those employees of the Mission or the cooperating country
agency must closely associated with the work of this contract. If
approved in advance in writing, overtime worked by the contractor shall
be paid in accordance with the procedures governing premium
compensation applicable to direct-hire foreign service national
employees. If the contract is for less than full time (40 hours
weekly), the leave earned shall be prorated.
6. Leave and Holidays (Oct 1987)
[For use in both CCN and TCN Contracts].
(a) Vacation Leave.
The contractor may accrue, accumulate, use and be paid for vacation
leave in the same manner as such leave is accrued, accumulated, used
and paid to foreign service national direct-hire employees of the
Mission. No vacation leave shall be earned if the contract is for less
than 90 days. Unused vacation leave may be carried over under an
extension or renewal of the contract as long as it conforms to Mission
policy and practice. With the approval of the Mission Director, and if
the circumstances warrant, a contractor may be granted advance vacation
leave in excess of 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.
[[Page 42938]]
The contractor may accrue, accumulate, and use sick leave in the
same manner as such leave is accrued, accumulated and used by foreign
service national direct-hire employees of the Mission. Unused sick
leave may be carried over under an extension of the contract. The
contractor will not be paid for sick leave earned but unused at the
completion of this contract.
(c) Leave Without Pay.
Leave without pay may be granted only with the written approval of
the Contracting Officer or Mission Director.
(d) Holidays.
The contractor shall be entitled to all holidays granted by the
Mission to direct-hire cooperating country national employees who are
on comparable assignments.
7. Social Security and Cooperating Country Taxes (Dec 1986)
[For use in both CCN and TCN Contracts].
Funds for Social Security, retirement, pension, vacation or other
cooperating country programs as required by local law shall be deducted
and withheld in accordance with laws and regulations and rulings of the
cooperating country or any agreement concerning such withholding
entered into between the cooperating government and the United States
Government.
8. Insurance (July 1993)
[For use in both CCN and TCN Contracts].
(a) Worker's Compensation Benefits.
The contractor shall be provided worker's compensation benefits
under the Federal Employees Compensation Act.
(b) Health and Life Insurance.
The contractor shall be provided personal health and life insurance
benefits on the same basis as they are granted to direct-hire CCNs and
TCN employees at the post under the Post Compensation Plan.
(c) Insurance on Private Automobiles--Contractor Responsibility
[For use in TCN contracts]. If the contractor or dependents transport,
or cause to be transported, any 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 paid-up insurance policy issued by a reliable company
providing the following minimum coverages, or such other minimum
coverages 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, copies of the insurance policies required by this
clause or satisfactory proof of the existence thereof, before such
automobile(s) is operated within the cooperating country. The premium
costs for such insurance shall not be a reimbursable cost under this
contract.
(d) Claims for Private Personal Property Losses [For use in TCN
contracts]. The contractor shall be reimbursed for private personal
property losses in accordance with USAID Handbook 23, ``Overseas
Support'', Chapter 10, or superseding ADS Chapter.
9. Travel and Transportation Expenses (July 1993)
[For use in both CCN and TCN Contracts as appropriate].
(a) General. The contractor will be reimbursed in currency
consistent with the prevailing practice at post and at the rates
established by the Mission Director for authorized travel in the
cooperating country in connection with duties directly referable to
work under this contract. In the absence of such established rates, the
contractor shall be reimbursed for actual costs of authorized travel in
the cooperating country if not provided by the cooperating government
or the Mission in connection with duties directly referable to work
hereunder, including travel allowances at rates prescribed by USAID
Handbook 22, ``Foreign Service Travel Regulations'' or superseding ADS
Chapters as from time to time amended. The Executive or Administrative
Officer at the Mission may furnish Transportation Requests (TR's) for
transportation authorized by this contract which is payable in local
currency or is to originate outside the United States. When
transportation is not provided by Government issued TR, the contractor
shall procure the transportation, and the costs will be reimbursed. The
following paragraphs provide specific guidance and limitations on
particular items of cost.
(b) International Travel. For travel to and from post of assignment
the TCN contractor shall be reimbursed for travel costs and travel
allowances from place of residence in the country of recruitment (or
other location provided that the cost of such travel does not exceed
the cost of the travel from the place of residence) to the post of duty
in the cooperating country and return to place of residence in the
country of recruitment (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 CCN
and TCN 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 cost 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) costs of going to the post of duty are
reimbursable hereunder but the cost 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 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.
(c) 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
[[Page 42939]]
Country. In the absence of such established rates the contractor shall
be reimbursed for actual travel costs in the Cooperating Country by the
Mission, including travel allowances at rates not in excess of those
prescribed by the Standardized Regulations.
(d) Indirect Travel for Personal Convenience of a TCN. 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.
(e) Limitation on Travel by TCN 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 in
the country of recruitment to the assigned station in the Cooperating
Country and return, 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 contract, whichever is greater, except as otherwise authorized
hereunder for education, medical, or emergency visitation travel.
Dependents of the TCN contractor must return to the country of
recruitment or home country within thirty days of the termination or
completion of the contractor's employment, otherwise such travel will
not be reimbursed under this contract.
(f) 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
routing. 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.
(g) 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, if the POV is being driven to or from the cooperating country as
authorized under the contract, for each of the authorized dependents
traveling in the POV, provided that the total cost of the mileage and
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.
(h) Emergency and Irregular Travel and Transportation. [For TCNs
only]. 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 FSN
direct-hire employees in like circumstances under the following
conditions:
(1) The costs of going from post of duty in the cooperating country
to another approved location for the contractor and authorized
dependents and returning to post of duty, subject to the prior written
approval of the Mission Director, when such travel is necessary for one
of the following reasons:
(i) Need for medical care beyond that available within the area to
which contractor is assigned.
(ii) Serious effect on physical or mental health if residence is
continued at assigned post of duty.
(iii) Serious illness, injury, or death of a member of the
contractor's immediate family or a dependent, including preparation and
return of the remains of a deceased contractor or his/her dependents.
(2) Emergency evacuation when ordered by the principal U.S.
Diplomatic Officer in the cooperating country. Transportation and
travel allowances at safe haven and the transportation of household
effects and automobile or storage thereof when authorized by the
Mission Director, shall be payable in accordance with established
Government regulations.
(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.
(i) Country of Recruitment Travel and Transportation. [For TCNs
only]. The contractor shall be reimbursed for actual transportation
costs and travel allowances in the country of recruitment as authorized
in the 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 commercial-scheduled air travel by the most
expeditious route except as otherwise provided in paragraph (h) above,
unless economy air travel is not available and the contractor
adequately documents this to the satisfaction of the Contracting
Officer in documents submitted with the voucher.
(j) Rest and Recuperation Travel. [For TCNs only].
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 direct-hire TCN employees and their dependents at the
post under the local compensation plan.
(k) Transportation of Personal Effects (Excluding Automobiles and
Household Goods). [For TCNs only].
(1) General. Transportation costs will be paid on the same basis as
for direct-hire employees at post serving the same length tour of duty,
as authorized in the schedule. Transportation, including packing and
crating costs, will be paid for shipping from contractor's residence in
the country of recruitment or other location, as approved by the
Contracting Officer (provided that the cost of transportation does not
exceed the cost from the contractor's residence) to post of duty in the
cooperating country and return to the country of recruitment or other
location provided the cost of transportation of the personal effects 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.
The cost of transporting household goods shall not exceed the cost of
packing, crating, and transportation by surface common carrier.
(2) Unaccompanied Baggage. Unaccompanied baggage is considered to
be those personal belongings needed by the traveler immediately upon
arrival of the contractor and dependents. To permit the arrival of
effects to coincide with the arrival of the contractor and dependents,
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 in effect when shipment is made. These limitations are
available from the Contracting Officer.
[[Page 42940]]
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.
(l) Reduced Rates on U.S.-Flag Carriers. 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.
(m) Transportation of things. [For TCNs Only]. 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, DC
20523-1419, or the Mission Director, as appropriate, giving the basis
for the request.
(n) Repatriation Travel. [For TCNs Only]. Notwithstanding other
provisions of this Clause 9, a TCN must return to the country of
recruitment or to the TCN's home country within 30 days after
termination or completion of employment or forfeit all right to
reimbursement for repatriation travel. The return travel obligation
[repatriation travel] assumed by the U.S. Government may have been the
obligation of another employer in the area of assignment if the
employee has been in substantially continuous employment which provided
for the TCN's return to home country or country from which recruited.
(o) Storage of household effects. [For TCNs Only]. The cost of
storage charges (including packing, crating, and drayage costs) in the
country of recruitment of household goods of regular employees will be
permitted in lieu of transportation of all or any part of such goods to
the Cooperating Country under paragraph (k) above provided that the
total amount of effects shipped to the Cooperating Country or stored in
the country of recruitment shall not exceed the amount authorized for
USAID direct-hire employees under the Foreign Service Travel
Regulations. These amounts are available from the Contracting Officer.
10. Payment (May 1997)
[For use in both CCN and TCN Contracts].
(a) Payment of compensation shall be based on written documentation
supporting time and attendance which may be (1) maintained by the
Mission in the same way as for direct-hire CCNs and TCNs or (2) the
contractor may submit such written documentation in a form acceptable
to Mission policy and practice as required for other personal services
contractors and as directed by the Mission Controller or paying office.
The documentation will also provide information required to be filed
under cooperating country laws to permit withholding by USAID of funds,
if required, as described in the clause of these General Provisions
entitled Social Security and Cooperating Country Taxes.
(b) Any other payments due under this contract shall be as
prescribed by Mission policy for the type of payment being made.
11. Contractor-Mission Relationships (Dec. 1986)
[For use in both CCN and TCN Contracts].
(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. Favorable relations
between the Mission and the Cooperating Government as well as with the
people of the cooperating country require that the contractor shall
show respect for the conventions, customs, and institutions of the
cooperating country and not become involved in any illegal political
activities.
(b) If the contractor's conduct is not in accordance with paragraph
(a), the contract may be terminated pursuant to the General Provision
of this contract, entitled ``Termination.'' If a TCN, 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.
(c) 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.
12. Termination (Nov. 1989)
[For use in both CCN and TCN Contracts].
(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
calender 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 accrued, unused vacation leave, return
transportation costs and travel allowances and transportation of
unaccompanied baggage costs at the rates 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
[[Page 42941]]
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 accrued, unused
vacation 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.
13. Allowances (Dec. 1986)
[For TCNs only].
Allowances will be granted to the contractor and authorized
dependents on the same basis as to direct-hire TCN employees at the
post under the Post Compensation Plan. The allowances provided shall be
paid to the contractor in the currency of the cooperating country or in
accordance with the practice prevailing at the Mission.
14. Advance of Dollar Funds (Dec 1986)
[For TCNs only].
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 an USAID U.S.-citizen direct-
hire employee in accordance with USAID Handbook 22, Chapter 4 or
superseding ADS Chapters.
15. Conversion of U.S. Dollars To Local Currency (Dec 1986)
[For TCNs only].
Upon arrival in the cooperating country, and from time to time as
appropriate, the 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 one currency to
another 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.
16. Post of Assignment Privileges (Dec 1986)
[For TCNs only].
Privileges such as the use of APO, PX's, commissaries and officer's
clubs are established at posts abroad pursuant to agreements between
the U.S. and host governments. These facilities are intended for and
usually limited to U.S. citizen members of the official U.S. Mission
including the Embassy, USAID, Peace Corps, U.S. Information Services
and the Military. Normally, the agreements do not permit these
facilities to be made available to non-U.S. citizens if they are under
contract to the United States Government. However, in those cases where
the facilities are open to TCN contractor personnel, they may be used.
17. Release Of Information (Dec 1986)
[For use in both CNN and TCN Contracts].
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 privileged information 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 1986)
[For use in both CNN and TCN Contracts].
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:
(a) TO USAID: To the Mission Director of the Mission in the
Cooperating Country with a copy to the appropriate Contracting Officer.
(b) TO THE 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 when delivered in accordance
with this clause or on the effective date of the notice, whichever is
later.
19. Incentive Awards (Dec 1996)
[For CNN and TCN Contracts].
(a) All Cooperating Country National (CCN) Personal Services
Contractors (PSCs) and Third Country Nationals (TCNs) of the Foreign
Affairs Community are eligible for the Joint Embassy Incentive Awards
Program. The program is administered by each post's (Embassy) Joint
Country Awards Committee.
(b) Meritorious Step Increases
Meritorious step increases may be granted to CNNs and TCNs paid
under the local compensation plan provided the granting of such
increases is the general practice locally.
20. Training (July 1993)
[For CNN and TCN Contracts].
The contractor may be provided job related training to develop
growth potential, expand capabilities and increase knowledge and
skills. The training may be funded under the personal services
contract.
21. Medical Evacuation (MEDEVAC) Services (July 1993)
[For TCN Contracts Only].
(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):
(i) Contractors and their dependents with a health insurance
program that includes sufficient medevac coverage as approved by the
Contractor Officer.
(ii) 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.
13. FAR Clauses
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. Disputes 52.233-1 (Alternate 1)
3. Preference for U.S. Flag Air Carriers 52.247-63
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
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3. Audit and Records--Negotiation 52.215-2
4. Privacy Act Notification 552.224-1
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: June 23, 1997.
Marcus L. Stevenson,
Procurement Executive.
[FR Doc. 97-20717 Filed 8-8-97; 8:45 am]
BILLING CODE 6116-01-M
