Miscellaneous Amendments to Acquisition Regulations

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

U.S. Agency For International Development

48 CFR Parts 705, 706, 709, 716, 722, 731, 732, 745, 747, and 752

[AIDAR Notice 98-3]

RIN 0412-AA39

Miscellaneous Amendments to Acquisition Regulations

AGENCY: U.S. Agency for International Development (USAID), IDCA.

ACITON: Final rule.

-----------------------------------------------------------------------

SUMMARY: The USAID Acquisition Regulation (AIDAR) is being amended to

bring its organizational conflicts of interest coverage into

conformance with the FAR; to implement the August 19, 1997 revisions to

Office of Federal Contract Compliance Programs (OFCCP) regulations (41

CFR Parts 60-1, 60-60) and corresponding amendments to FAR Subpart 22.8

contained in Federal Acquisition Circular 97-10, effective in February

1999; to allow for advances to for-profit organizations who award

grants under their contracts; to clarify the application of USAID's

salary policy to fixed-price contracts; and to update corresponding

clauses in Part 752, as needed. The AIDAR is also being amended to

incorporate provisions of various Contract Information Bulletins (CIBs)

issued in the past few years that established contracting policies or

procedures, and to make administrative changes or corrections.

EFFECTIVE DATE: March 4, 1999.

FOR ADDITIONAL INFORMATION CONTACT: M/OP/P, Ms. Diane M. Howard, (202)

712-0206.

SUPPLEMENTARY INFORMATION: The specific changes being made to the USAID

Acquisition Regulation (AIDAR) in this amendment are:

A. Contract Information Bulletin 91-3 provided the written

authorization of the Procurement Executive, as the Head of the Agency

and as required by FAR 5.502(a), to USAID Contracting Officers to place

advertisements and notices in newspapers and periodicals. We are

formally incorporating that authorization into the AIDAR at new section

705.502.

B. In January 1997, FAC 90-45 removed the Conflict of Interest

clauses at FAR sections 52.209-7 and 52.209-8. Because AIDAR sections

709.507-2 and 752.209-71 make reference to these FAR clauses, both

sections are amended to remove the references and to reflect the

current FAR language.

C. USAID decided to codify an award fee clause in the AIDAR, in

accordance with FAR 16.406(e), rather than establish a procedure for

review and approval of individual clauses. Already in use through CIB

97-12, the new clause at 752.216-70 is purposefully minimalist and

resembles FAR 52.216-8, Fixed Fee, rather than FAR 52.216-10, Incentive

Fee. This approach gives Contracting Officers the flexibility to design

their own award fee evaluation methods and specify the implementation

details elsewhere in the contract schedule.

D. In CIB 97-26, USAID implemented on an interim basis the

revisions in EEO compliance procedures made by the Department of Labor

to their regulations (41 CFR Ch. 60) in 1997 (62 FR 44173). On December

18, 1998, the FAR Councils published FAC 97-10 (63 FR 70264),

containing a Final Rule at Item III entitled ``Office of Federal

Contract Compliance Programs National Pre-Award Registry'' to implement

the DOL changes into the FAR. AIDAR Subpart 722.8 is revised to reflect

the FAR revisions in 48 CFR 22.8 (i.e., for other than construction

contracts, the increase in the threshold for OFCCP verification from

$1,000,000 to $10 million and the availability of OFCCP's National Pre-

Award Registry), and to clarify and simplify the internal Agency

procedures

[[Page 5006]]

for verifying compliance at any dollar level.

E. The applicability of USAID's salary policy, found in Chapter 302

of the Agency's internal Automated Directives System (ADS), to salaries

under fixed price-type contracts (including but not limited to time-

and-materials, labor-hour, or USAID's indefinite quantity contracts) is

ambiguous. We are amending sections 731.205-6 and 731.371 to clarify

that the salary approval policies in ADS 302, which are being revised

to clarify their applicability under different kinds of contract types,

will determine the allowability of employee compensation in USAID

contracts. ADS 302 will specify that the approval requirements only

apply when an individual's salary must be used in order to determine

the contract cost or price.

F. Under certain circumstances, USAID programs may authorize

contractors to award and administer small value grants under their

contracts. The current AIDAR language in section 732.402 requires

special approval for for-profit firms to receive advances, but does not

take into consideration the cash flow implications to the contractor in

a grants-under-contracts arrangement. We are amending 732.402 to allow

for-profit contractors to receive advances for immediate disbursement

to grantees, subject to the terms of this section. We are also adding a

new paragraph to section 732.406-73 to ensure that contracting officers

include a FAR payment clause in addition to the USAID Letter of Credit

clause (in AIDAR 752.232-70), in the event that the Letter of Credit is

revoked and an alternate payment clause is needed.

G. AIDAR 752.245-71 was written when most of USAID's overseas

programs used funds already obligated in bilateral project agreements

in which both USAID and the cooperating country agreed that non-

expendable property purchased with project funds would be titled to and

turned over to the cooperating country at the end of the project.

However, in recent years, an increasing number of our programs are

being carried out without a formal agreement between USAID and the

cooperating country, rendering the prescription for the clause

inappropriate since there is no underlying agreement to turn the

property over to the cooperating country. We are adding a new Part 745

and amending the prescription to AIDAR clause 745.245-71 to clarify

when this clause is to be used, and when the applicable FAR clauses, as

prescribed in FAR 45.106, are to be used. The revised clause

prescription was already implemented through CIB 96-26.

H. USAID processed a class deviation to FAR clause 752.247-64,

Preference for Privately Owned U.S.-Flag Commercial Vessels, and

implemented it through Contract Information Bulletin 96-28. The

deviation provides for the use of an alternate prescription and clause

in certain circumstances, as described in the clause prescription. We

are amending the AIDAR to add a new Part 747 and clause at section

752.247-70 to implement this deviation.

I. Section 752.7003, Documentation for Payment, is amended to

reflect changes the Agency has made in processing contractor invoices

involving electronic vouchering and the use of Contract Line Items

(CLINS).

J. CIB 97-27 implemented a new AIDAR clause requiring contractors

to submit Development Experience Documents, as defined in ADS 540,

produced in the course of contract performance to the Center for

Development Information and Evaluation (PPC/CDIE/DI) in the Bureau for

Policy and Program Coordination. This submission requirement was

previously included in the various versions of the ``Reports'' clause

(AIDAR 752.7026 and subsequent revisions issued through CIBs), but

because of changes we are making to progress reporting requirements, we

believe that this submission requirement should be a stand-alone

requirement and therefore are adding a new clause to the AIDAR.

K. Sections 752.7018 and 752.7019, both related to USAID's

participant training program, are amended to update the language to

incorporate changes to the policies and procedures in the program.

The changes being made by this notice are not considered

``significant'' under FAR 1.301 or FAR 1.501, and public comments have

not been solicited. This Notice will not have an impact on a

substantial number of small entities nor does it establish a new

collection of information as contemplated by the Regulatory Flexibility

Act and the Paperwork Reduction Act. Because of the nature and subject

matter of this Notice, use of the proposed rule/public comment approach

was not considered necessary. We decided to issue as a final rule;

however, we welcome public comment on the material covered by this

Notice or any other part of the AIDAR at anytime. Comments or questions

may be addressed as specified in the FOR FURTHER INFORMATION CONTACT

section of the Preamble.

List of Subjects, in 48 CFR Parts 705, 706, 709, 716, 722, 731,

732, 745, 747, and 752.

Government procurement.

For the reasons set out in the Preamble, 48 CFR Chapter 7 is

amended as set forth below.

1. The authority citations in Parts 705, 706, 709, 716, 722, 731,

732, and 752 continue to read as follows:

Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C.

2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

1979 Comp., p. 435.

PART 705--PUBLICIZING CONTRACT ACTIONS

705.502 [Added]

2. New section 705.502 is added to read as follows:

705.502 Authority.

(a) The Procurement Executive, acting as head of the Agency under

the authority of 702.170-13(c)(4), hereby authorizes USAID contracting

officers to place paid advertisements and notices in newspapers and

periodicals. Contracting officers shall document the contract file to

reflect consideration of the requirements of (48 CFR) FAR 5.101(b)(4).

PART 706--COMPETITION REQUIREMENTS

706.501 [Amended]

3. Section 706.501 is amended by removing ``(or equivalent)'' in

the second sentence and ``or equivalent'' in the fourth sentence.

PART 709--CONTRACTOR QUALIFICATIONS

709.503 [Amended]

4. The second sentence in section 709.503 is amended by revising

``had'' to read ``has'' and by revising ``acitivites'' to read

``activities''.

709.507-2 [Amended]

5. Section 709.507-2 is amended by revising paragraph (c) to read

as follows:

709.507-2 Contract clause.

* * * * *

(c) In order to avoid problems from organizational conflicts of

interest that may be discovered after award of a contract, the clause

found at 752.209-71 shall be inserted in all contracts whenever the

solicitation or resulting contract or both include a provision in

accordance with (48 CFR) FAR 9.507-1, or a clause in accordance with

(48 CFR) FAR 9.507-2, establishing a restraint on the contractor's

eligibility for future contracts.

[[Page 5007]]

PART 716--TYPES OF CONTRACTS

716.406 [Added]

6. A new section 716.406 is added to read as follows:

716.406 Contract clauses.

The Contracting Officer shall include the clause at 752.216-70,

Award Fee, in solicitations and contracts when an award-fee contract is

contemplated.

PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

722.8 [Revised]

7. Subpart 722.8 is revised to read as follows:

Subpart 722.8--Equal Employment Opportunity

722.805-70 Procedures.

(a) The procedures in this section apply, as appropriate, for all

contracts excluding construction, which shall be handled in accordance

with (48 CFR) FAR 22.804-2. Contracting officers are responsible for

ensuring that the requirements of (48 CFR) FAR 22.8 and related clauses

are met before awarding any contracts or consenting to subcontracts

subject to these requirements.

(b) Representations and Certifications. The first step in ensuring

compliance with these requirements is to obtain all necessary

representations and certifications (Reps and Certs) required by FAR

22.810. The contracting officer must review the Reps and Certs to

determine whether they have been completed and signed as required, and

are acceptable.

(1) If any of these Reps and Certs are incomplete or unsigned, the

contracting officer must request that the offeror(s) complete and sign

them, as necessary, unless the initial evaluation of the offeror's

proposal results in the contracting officer's concluding that the

offeror would not, in any event, be within a competitive range

determined in accordance with (48 CFR) FAR 15.306(c), or would not be

selected if award is to be made without discussions. A request as

described in this paragraph (b)(1) constitutes either a clarification

per (48 CFR) FAR 15.306(a) (``resolving minor or clerical errors'',

paragraph (a)(2)), or a communication before establishment of

competitive range per (48 CFR) FAR 15.306(b), not a discussion per (48

CFR) FAR 15.306(d).

(2) If completed and signed Reps and Certs raise questions

concerning the offeror's compliance with EEO requirements, or if the

contracting officer has information from any other source which calls

into question the offeror's eligibility for award based on this section

and (48 CFR) FAR 22.8, the contracting officer must refer the matter to

the cognizant regional Department of Labor Office of Federal Contract

Compliance Programs (OFCCP) regardless of the estimated value of the

contract; only OFCCP may make a determination of non-compliance with

EEO requirements.

(c) OFCCP's National Preaward Registry. If the Reps and Certs are

complete, signed, and deemed acceptable, and the contracting officer

has no reason to doubt their accuracy, the contracting officer must

then consult the OFCCP's National Preaward Registry at the internet

website in 48 CFR 22.805(a)(4) (i) to see if the offeror is listed.

(1) If the conditions stated in FAR 22.805(a) (4) are met

(including the contract file documentation requirement in paragraph

(a)(4)(iii)), then the Contracting Officer does not need to take any

further action in verifying the offeror's compliance with the

requirements of this subpart and (48 CFR) FAR 22.8.

(2) If the offeror does not appear in the National Preaward

Registry, and the estimated amount of the contract or subcontract is

expected to be under $10 million then the contracting officer may rely

on the Reps and Certs as sufficient verification of the offeror's

compliance.

(3) If the offeror does not appear in the National Preaward

Registry and the estimated amount of the contract or subcontract is $10

million or more, then the contracting officer must request a preaward

clearance from the appropriate OFCCP regional office, in accordance

with 48 CFR 22.805(a). If the initial contact with OFCCP is by

telephone, the contracting officer and OFCCP are to mutually determine

what information is to be included in the written verification request.

The contracting officer may need to provide the following information

in addition to the items listed in FAR 22.805(a)(5), if so requested by

the OFCCP regional office:

(i) Name, title, address, and telephone number of a contract person

for the prospective contractor;

(ii) A description of the type of organization (university,

nonprofit, etc.) and its ownership (private, foreign, state, etc.).

(iii) Names and addresses of the organizations in a joint venture

(if any).

(iv) Type of procurement (new contract--RFP or IFB, amendment,

etc.) and the period of the contract.

(v) Copy of approved Reps and Certs.

(d) In the event that OFCCP reports that the offeror is not in

compliance, negotiations with the offeror shall be terminated.

(e) documentation for the contract file. Every contract file must

contain completed and signed Reps and Certs. The file must clearly show

the these documents have been reviewed and accepted by the contracting

officer. If the Reps and Certs were revised to make them acceptable

(see paragraph (b) of this section), the file must also document what

changes were required and why, and verify that the changes were made.

The contracting officer shall also document the OFCCP National Preaward

Registry review (see paragraph (c)(1) of this section), and, if the

Registry does not include the offeror:

(1) For contracts or modifications over $10,000 but less than $10

million, the file must contain a statement from the contracting officer

that the contractor is considered in compliance with EEO requirements,

and giving the basis for this statement (see paragraph (c)(2) of this

section). This statement may be in a separate memorandum to the file or

in the memorandum of negotiation.

(2) For contracts or modifications of $10 million or more, the file

must document all communications with OFCCP regarding the offeror's

compliance. Such documentation includes copies of any written

correspondence and a record of telephone conversations, specifying the

name, address, and telephone number of the person contacted, a summary

of the information presented, and any advice given by OFCCP.

(f) Documentation in the event of non-compliance. In the event

OFCCP determines that a prospective contractor is not in compliance, a

copy of OFCCP's written determination, and a summary of resultant

action taken (termination of negotiations, notification of offeror and

cognizant technical officer, negotiation with next offeror in

competitive range, resolicitation, etc.) will be placed in the contract

file for any contract which may result, together with other records

related to unsuccessful offers, and retained for at least six months

following award.

PART 731--CONTRACT COST PRINCIPLES AND PROCEDURES

731.205-6 [Amended]

8. Section 731.205-6 is amended by adding a new paragraph (b) and

removing and reserving paragraph (d), to read as follows:

[[Page 5008]]

731.205-6 Compensation for personal services.

* * * * *

(b) Reasonableness. ADS Chapter 302.5.3 states USAID policy

regarding personnel compensation exceeding the maximum annual rate for

an Executive Service level ES-6. Consistent with this policy, any

employee's or consultant's base salary plus overseas recruitment

incentive, if any (see 731.205-70), subject to this policy will be

allowable under USAID-direct contracts only if approved in accordance

with the essential procedures in ADS chapter E302.5.3. USAID policies

on compensation of third country national or cooperating country

national employees are set forth in AIDAR 722.170.

* * * * *

731.371 [Amended]

9. Section 731.371 is amended by revising paragraph (b)(1) to read

as follows:

731.371 Compensation for personal services.

* * * * *

(b) Salaries and wages. (1) ADS Chapter 302.5.3 states USAID policy

regarding personnel compensation exceeding the maximum annual rate for

an Executive Service level ES-6. Consistent with this policy, any

employee's or consultant's base salary plus overseas recruitment

incentive, if any (see 731.205-70), subject to this policy will be

allowable under USAID-direct contracts only if approved in accordance

with the essential procedures in ADS chapter E302.5.3.

* * * * *

PART 732--CONTRACT FINANCING

732.402 [Amended]

10. Section 732.402 is amended by revising paragraph (e)(1) to read

as follows:

732.402 General.

* * * * *

(e)(1)(i) Except as provided in (e)(1)(ii) of this section, all

U.S. Dollar advances to for-profit organizations require the approval

of the Procurement Executive; all such approvals are subject to prior

consultation with the Agency's Chief Financial Officer.

(ii) Approval of the Procurement Executive is not required if

advance payments are limited exclusively to monies advanced for

immediate (within seven days) disbursement to grantees, as provided for

in a contract. Prior consultation with the AID/W or Mission Controller

is required for including such provision for advances in a contract.

* * * * *

732.406-73 [Amended]

11. Section 732.406-73 is amended by designating the existing text

as paragraph (a) and adding paragraph (b) to read as follows:

732.406-73 LOC contract clause.

* * * * *

(b) Contracting offices shall ensure that an appropriate (48 CFR)

FAR payment clause is also included in the contract, in the event that

the LOC is revoked pursuant to 732.406-74.

12. A new Part 745 is added to read as follows:

PART 745--GOVERNMENT PROPERTY

Subpart 745.1--General

745.106 Contract clauses.

Authority: Sec. 621, Pub. L. 787-195, 75 Stat. 445, (22 U.S.C.

2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

1979 Comp., p. 435.

Subpart 745.1--General

745.106 Contract clauses.

(a) The contracting officer shall insert the clause at 752.245-71

in all contracts under which the contractor will acquire property for

use overseas and the contract funds were obligated under a Strategic

Objective agreement (or similar agreement) with the cooperating

country.

(b) The contracting officer shall insert the applicable clause as

required in (48 CFR) FAR 45.106 in all contracts under which the

contractor will acquire property with funds not already obligated under

a Strategic Objective agreement (or similar agreement) with the

cooperating country.

13. A new Part 747 is added to read as follows:

PART 747--TRANSPORTATION

Subpart 747.5--Ocean Transportation by U.S.-Flag Vessels

747.507 Contract clauses.

Authority: Sec. 621, Pub. L. 98-195, 75 Stat. 445 (22 U.S.C.

2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR

1979 Comp., p. 435.

Subpart 747.5--Ocean Transportation by U.S.-Flag Vessels

747.507 Contract clauses.

Contracting officers shall insert the clause at 752.247-70 in

solicitations and contracts solely for ocean transportation services,

and in solicitations and contracts for goods and ocean transportation

services when the ocean transportation will be fixed at the time the

contract is awarded. Contracting Officers shall use (48 CFR) FAR

52.247-64 as prescribed in (48 CFR) FAR 27.507(a) in other situations.

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

752.204-2 [Amended]

14. Section 752.204-2 is amended by removing ``704.405'' in the

first paragraph and replacing it with ``704.404''.

752.209-71 [Amended]

15. Section 752.209-71 is amended by revising the introductory text

to read as follows:

752.209-71 Organizational conflicts of interest discovered after

award.

As prescribed in 709.507-2, include the following clause in any

solicitation containing a provision in accordance with (48 CFR) FAR

9.507-1, or a clause in accordance with (48 CFR) FAR 9.507-2,

establishing a restraint on the contractor's eligibility for future

contracts.

* * * * *

752.216-70 [Added]

16. Section 752.216-70 is added to read as follows:

752.216-70 Award fee.

As prescribed in 716.406, insert the following clause in

solicitations and contracts in which an award-fee contract is

contemplated.

Award Fee (May 1997)

(a) The Government shall pay the Contractor for performing this

contract such base fee and such additional fee as may be awarded, as

provided in the Schedule.

(b) Payment of the base fee and award fee shall be made as

specified in the Schedule; provided, that after payment of 85

percent of the base fee and potential award fee, the Contracting

Officer may withhold further payment of the base fee and award fee

until a reserve is set aside in an amount that the Contracting

Officer considers necessary to protect the Government's interest.

This reserve shall not exceed 15 percent of the total base fee and

potential award fee or $100,000, whichever is less. The Contracting

Officer shall release 75 percent of all fee withholds under this

contract after receipt of the certified final indirect cost rate

proposal covering the year of physical completion of this contract,

provided the Contractor has satisfied all other contract terms and

conditions, including the submission of the final patent and royalty

reports, and is not delinquent in submitting final vouchers on prior

years' settlements. The Contracting Officer may release up to 90

percent of the fee withholds under this contract based on

[[Page 5009]]

the Contractor's past performance related to the submission and

settlement of final indirect cost rate proposals.

(c) Award fee determinations made by the Government under this

contract are not subject to the Disputes clause.

(End of clause)

752.245-71 [Amended]

17. Section 752.245-71 is amended by revising the prescription to

read as follows:

752.245-71 Title to and care of property.

As prescribed in 745.106(a), the following clause shall be included

in all contracts when the contractor will acquire property under the

contract for use overseas and the contract funds were obligated under a

Strategic Objective agreement (or similar agreement) with the

cooperating country.

* * * * *

752.247-70 [Added]

18. A new section 752.247-70 is added to read as follows:

752.247-70 Preference for privately owned U.S.-flag commercial

vessels.

As prescribed in 747.507, insert the following clause:

Preference for Privately Owned U.S.-Flag Commercial Vessels (Oct. 1996)

(a) Under the provisions of the Cargo Preference Act of 1954 (46

U.S.C. 1241(b)) at least 50 percent of the gross tonnage of

equipment, materials, or commodities financed by USAID, or furnished

without provision for reimbursement, or at least 75 percent of the

gross tonnage of cargo moving under P.L. 480 financed by the U.S.

Department of Agriculture, that may be transported in ocean vessels

(computed separately for dry bulk carriers, dry cargo liners, and

tankers) shall be transported in privately owned U.S.-flag

commercial vessels.

(b) In accordance with USAID regulations and consistent with the

regulations of the Maritime Administration, USAID applies Cargo

Preference requirements on the basis of programs or activities that

generally include more than one contract. Thus, the amount of cargo

fixed on privately owned U.S.-flag vessels under this contract may

be more or less than the required 50 or 75 percent, depending on

current compliance with Cargo Preference requirements. If freight

under the contract is fixed on a U.S. flag vessel, Alternate I of

this clause shall apply.

(c)(1) The contractor shall submit one legible copy of a rated

on-board ocean bill of lading for each shipment to both the Division

of National Cargo, Office of Cargo Preference, Maritime

Administration, U.S. Department of Transportation, Washington, DC

20590, and the Transportation Division, Office of Procurement,

USAID, Washington, DC 20523-7900.

(2) The contractor shall furnish these bill of lading copies

within 20 working days of the date of loading for shipments

originating in the United States, or within 30 working days for

shipments originating outside the United States. Each bill of lading

copy shall contain the following information:

(i) Sponsoring U.S. Government agency.

(ii) Name of vessel.

(iii) Vessel flag registry.

(iv) Date of loading.

(v) Port of loading.

(vi) Port of final discharge.

(vii) Description of commodity.

(viii) Gross weight in pounds and cubic feet if available.

(ix) Total ocean freight revenue in U.S. dollars.

Alternate I

(d) If freight is fixed on a U.S. flag vessel, except as

provided in paragraph (e) of this clause, the contractor shall use

privately owned U.S. flag commercial vessels, and no others, in the

ocean transportation of any supplies to be furnished under this

contract.

(e) If such vessels are not available, or not available at rates

that are fair and reasonable for privately owned U.S. flag

commercial vessels, the Contractor shall notify the contracting

officer and request either authorization to ship in foreign-flag

vessels or designation of available U.S.-flag vessels. If the

Contractor is authorized in writing by the Contracting Officer to

ship the supplies in foreign-flag vessels, the contract price shall

be equitably adjusted to reflect the difference in costs of shipping

the suppliers in privately owned U.S.-flag commercial vessels and

foreign-flag vessels.

752.7003 [Amended]

19. The clause in section 752.7003 is amended by revising the

introductory paragraph, the date in the clause heading, paragraph (a),

and paragraph (d) to read as follows:

752.7003 Documentation for payment.

The following clause is required in all USAID direct contracts,

excluding fixed price contracts:

Documentation for Payment (Nov. 1998)

(a) Claims for reimbursement or payment under this contract must

be submitted to the Paying Office indicated in the schedule of this

contract. The cognizant technical officer (CTO) is the authorized

representative of the Government to approve vouchers under this

contract. The Contractor must submit either paper or fax versions of

the SF-1034--Public Voucher for Purchases and Services Other Than

Personal. Each voucher shall be identified by the appropriate USAID

contract number, in the amount of dollar expenditures made during

the period covered.

(1) The SF 1034 provides space to report by line item for

products or services provided. The form provides for the information

to be reported with the following elements:

Total Expenditures

[Document Number: XXX-X-XX-XXXX-XX]

----------------------------------------------------------------------------------------------------------------

Amt. vouchered to Amt. vouchered

Line item No. Description date this period

----------------------------------------------------------------------------------------------------------------

001..................................... Product/Service Desc. for Line $XXXX.XX $ XXXX.XX

Item 001.

002..................................... Product/Service Desc. for Line XXXX.XX XXXX.XX

Item 002.

-------------------------------------

Total............................. ................................ XXXX.XX XXXX.XX

----------------------------------------------------------------------------------------------------------------

(2) The fiscal report shall include the following certification

signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and

belief that the fiscal report and any attachments have been prepared

from the books and records of the Contractor in accordance with the

terms of this contract and are correct: the sum claimed under this

contract is proper and due, and all the costs of contract

performance (except as herewith reported in writing) have been paid,

or to the extent allowed under the applicable payment clause, will

be paid currently by the Contractor when due in the ordinary course

of business; the work reflected by these costs has been performed,

and the quantities and amounts involved are consistent with the

requirements of this Contract; all required Contracting Officer

approvals have been obtained; and appropriate refund to USAID will

be made promptly upon request in the event of disallowance of costs

not reimbursable under the terms of this contract.

BY:--------------------------------------------------------------------

TITLE:-----------------------------------------------------------------

DATE:------------------------------------------------------------------

* * * * *

(d) The Contractor agrees that all approvals of the Mission

Director and the Contracting Officer which are required by the

provisions of this contract shall be preserved and made available as

part of the Contractor's records which are required to be presented

and made available by the clause of this contract entitled ``Audit

and Records--Negotiation''.

[[Page 5010]]

752.7005 [Added]

20. A new section 752.7005 is added to read as follows:

752.7005 Submission requirements for development experience documents.

The following clause shall be included in all USAID professional/

technical contracts in which development experience documents are

likely to be produced.

Submission Requirements for Development Experience Documents (Oct.

1997)

(a) Contract Reports and Information/Intellectual Products.

(1) The Contractor shall submit to the Development Experience

Information Division of the Center for Development Information and

Evaluation (PPC/DCIE/DI) in the Bureau for Policy and Program

Coordination, copies of reports and information products which

describe, communicate or organize program/project development

assistance activities, methods, technologies, management, research,

results and experience as outlined in the Agency's ADS Chapter 540,

section E540.5.2b(3). Information may be obtained from the Cognizant

Technical Officer (CTO). These reports include: assessments,

evaluations, studies, development experience documents, technical

reports and annual reports. The Contractor shall also submit to PPC/

CDIE/DI copies of information products including training materials,

publications, databases, computer software programs, videos and

other intellectual deliverable materials required under the Contract

Schedule. Time-sensitive materials such as newsletters, brochures,

bulletins or periodic reports covering periods of less than a year

are not to be submitted.

(2) Upon contract completion, the contractor shall submit to

PPC/CDIE/DI an index of all reports and information/intellectual

products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements.

(1) Distribution. (i) The contractor shall submit contract

reports and information/intellectual products (referenced in

paragraph (a)(1) of this clause) in electronic format and hard copy

(one copy) to U.S. Agency for International Development PPC/CDIE/DI,

Attn: ACQUISITIONS, Washington D.C. 20523 at the same time

submission is made to the CTO.

(ii) The contractor shall submit the reports index referenced in

paragraph (a)(2) of this clause and any reports referenced in

paragraph (a)(1) of this clause that have not been previously

submitted to PPC/CDIE/DI, within 30 days after completion of the

contract to the address cited in paragraph (b)(1)(i) of this clause.

(2) Format. (i) Descriptive information is required for all

Contractor products submitted. The title page of all reports and

information products shall include the contract number(s),

contractor name(s), name of the USAID cognizant technical office,

the publication or issuance date of the document, document title,

author name(s), and strategic objective or activity title and

associated number. In addition, all materials submitted in

accordance with this clause shall have attached on a separate cover

sheet the name, organization, address, telephone number, fax number,

and Internet address of the submitting party.

(ii) The hard copy report shall be prepared using non-glossy

paper (preferably recycled and white or off-white) using black ink.

Elaborate art work, multicolor printing and expensive bindings are

not to be used. Whenever possible, pages shall be printed on both

sides.

(iii) The electronic document submitted shall consist of only

one electronic file which comprises the complete and final

equivalent of the hard copy submitted.

(iv) Acceptable software formats for electronic documents

include WordPerfect, Microsoft Word, ASCII, and Portable Document

Format (PDF). Submission in Portable Document format is encouraged.

(v) The electronic document submission shall include the

following descriptive information:

(A) Name and version of the application software used to create

the file, e.g., WordPerfect Version 6.1 or ASCII or PDF.

(B) The format for any graphic and/or image file submitted,

e.g., TIFF-compatible.

(C) Any other necessary information, e.g. special backup or data

compression routines, software used for storing/retrieving submitted

data, or program installation instructions.

752.7018 [Revised]

21. Section 752.7018 is revised to read as follows:

752.7018 Health and accident coverage for USAID participant trainees.

For use in any USAID contract under which USAID participants are

trained.

Health and Accident Coverage for USAID Participant Trainees (Jan. 1999)

(a) In accordance with the requirements of USAID Automated

Directive System (ADS) 253.5.6b, the Contractor shall enroll all

non-U.S. trainees (hereinafter referred to as ``participants''),

whose training in the U.S. is financed by USAID under this contract,

in USAID's Health and Accident Coverage (HAC) program. Sponsored

trainees enrolled in third-country or in-country training events are

not eligible for USAID's HAC program, but the Contractor may obtain

alternative local medical and accident insurance at contract

expense, provided the cost is consistent with the cost principles in

FAR 31.2

(b) When enrollment in the HAC program is required per paragraph

(a) of this clause, the Contractor must enroll each participant in

the HAC program through one of two designated contractors prior to

the initiation of travel by the participant. USAID has developed an

Agency-wide database training management system, the Training

Results and Information Network (``TraiNet''), which is the

preferred system for managing USAID's participant training program,

including enrollment in the HAC program. However, until such time as

the USAID sponsoring unit (as defined in ADS 253) has given the

Contractor access to USAID's ``TraiNet'' software for trainee

tracking and HAC enrollment, the Contractor must fill out and mail

the Participant Data Form (PDF) (Form USAID 1381-4) to USAID. The

Contractor can obtain information regarding each HAC program

contractor, including contact information, and a supply of the PDF

forms and instructions for completing and submitting them, by

contacting the data base contractor serving the Global Center for

Human Capacity Development (G/HCD).

(c) The Contractor must ensure that HAC enrollment begins

immediately upon the participant's departure for the United States

for the purpose of participating in a training program financed by

USAID, and that enrollment continues in full force and effect until

the participant returns to his/her country of origin, or is released

from USAID's responsibility, whichever is the sooner.

(1) The HAC insurance provider, not the Contractor, shall be

responsible for paying all reasonable and necessary medical

reimbursement charges not otherwise covered by student health

service or other insurance programs, subject to the availability of

funds for such purposes, in accordance with the standards of

coverage established by USAID under its HAC program and by the HAC

providers' contracts.

(2) After HAC enrollment, upon receipt of HAC services invoice

from the selected HAC provider, the Contractor shall submit payment

directly to the HAC provider.

(3) The Contractor is responsible for ensuring that participants

and any stakeholders (as defined in ADS 253) are advised that USAID

is not responsible for any medical claims in excess of the coverages

provided by the HAC program, or for medical claims not eligible for

coverage under the HAC program, or not otherwise covered in this

section.

(d) The Contractor, to the extent that it is an educational

institution with a mandatory student health service program, shall

also enroll participants in that institution's student health

service program. Medical costs which are covered under the

institution's student health service shall not be eligible for

payment under USAID's HAC program.

(e) If the Contractor has a mandatory, non-waivable health and

accident insurance program for students, the costs of such insurance

will be allowable under this contract. Any claims eligible under

such insurance will not be payable under USAID's HAC plan or under

this contract. Even though the participant is covered by the

Contractor's mandatory, non-waivable health and accident insurance

program, the participant MUST be enrolled in USAID's more

comprehensive HAC program.

(f) Medical conditions pre-existing to the participant's

sponsorship for training by USAID, discovered during the required

pre-departure medical examination, are grounds for ineligibility for

sponsorship unless specifically waived by the sponsoring unit, and

covered through a separate insurance policy maintained by the

participant or his employer, or a letter of guarantee from the

participant or the employer (which thereby

[[Page 5011]]

assumes liability for any related charges that might materialize.

See ADS 253).

752.7019 [Revised]

22. Section 752.7019 is revised to read as follows:

752.7019 Participant training.

For use in any USAID direct contract involving training of USAID

participants.

Participant Training (Jan. 1999)

(a) Definitions.

(1) Participant training is the training of any foreign national

outside of his or her home country, using USAID funds.

(2) A Participant is any foreign national being trained under

this contract outside of his or her country.

(b) Applicable regulations. Participant training conducted under

this contract shall comply with the policies and essential

procedures pertaining to training-related services contained in

USAID Automated Directive System (ADS) Ch. 253 ``Training for

Development Impact''. Any exceptions to ADS 253 requirements are

specified as such within this contract. The current version of

Chapter 253 may be obtained directly from the USAID website at

http://www.info.usaid.gov/pubs/ads/200.

(c) The contractor shall be reimbursed for the reasonable and

allocable costs incurred in providing training to participants in

the United States or other approved location provided such costs do

not exceed the limitations in, or have been waived in accordance

with, ADS 253.5.5.

Note: Academic rates are available through a special website

monitored by the United States Information Agency. The website for

academic programs is: http://www.iie.org/fulbright/posts/restrict.

U.S.-based participants receive the standardized U.S. travel per

diem rates maintained by GSA for short-term training (website:http:/

/policyworks.gov).

Dated: January 13, 1999.

Kathryn Y. Cunningham,

Acting Procurement Executive.

[FR Doc. 99-2032 Filed 2-1-99; 8:45 am]

BILLING CODE 6116-01-M