Direct USAID Contracts for Personal Services Abroad

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