48 CFR 7 Agency For International Development

Title 48—Federal
Acquisition Regulations
System
(This book contains chapters 7 to 14)
Part
CHAPTER 7—Agency for International Development .............. 701

CHAPTER 8—Department of Veterans Affairs ......................... 801
CHAPTER 9—Department of Energy ........................................ 901
CHAPTER 10—Department of the Treasury ............................. 1033
CHAPTER 12—Department of Transportation .......................... 1201
CHAPTER 13—Department of Commerce ................................. 1301
CHAPTER 14—Department of the Interior ............................... 1401
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CHAPTER 7—AGENCY FOR INTERNATIONAL
DEVELOPMENT
EDITORIAL NOTE: Nomenclature changes to chapter 7 appear at 62 FR 40466, July 29, 1997,
and corrected at 62 FR 45334, August 27, 1997.
SUBCHAPTER A—GENERAL
Part Page
700 [Reserved]
701 Federal Acquisition Regulation System ................. 5
702 Definitions of words and terms ............................... 10
703 Improper business practices and personal conflicts
of interest ............................................................. 11
704 Administrative matters .......................................... 12
SUBCHAPTER B—ACQUISITION PLANNING
705 Publicizing contract actions ................................... 15

706 Competition requirements ...................................... 15
707 Acquisition planning ............................................... 17
709 Contractor qualifications ........................................ 17
711 Describing agency needs ......................................... 17
SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES
713 Simplified acquisition procedures ........................... 19

714 Sealed bidding ......................................................... 19
715 Contracting by negotiation ..................................... 19
716 Types of contracts ................................................... 24
717 Special contracting methods ................................... 25
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
719 Small business programs ......................................... 26

722 Application of labor laws to Government acquisi-
tion ....................................................................... 35
724 Protection of privacy and freedom of information 38
725 Foreign acquisition ................................................. 38
48 CFR Ch. 7 (10–1–19 Edition)
Part Page
726 Other socioeconomic programs ............................... 39
SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS
727 Patents, data, and copyrights ................................. 41

728 Bonds and insurance ................................................ 41
729 Taxes ....................................................................... 43
731 Contract cost principles and procedures ................. 44
732 Contract financing .................................................. 48
733 Protests, disputes, and appeals ............................... 49
SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING
734 Major system acquisition ........................................ 52

736 Construction and architect-engineer contracts ...... 52
737 [Reserved]
SUBCHAPTER G—CONTRACT MANAGEMENT
742 Contract administration ......................................... 54

744 Subcontracting policies and procedures .................. 56
745 Government property .............................................. 56
747 Transportation ........................................................ 56
749 Termination of contracts ........................................ 56
750 Extraordinary contractual actions ......................... 58
SUBCHAPTER H—CLAUSES AND FORMS
752 Solicitation provisions and contract clauses .......... 63

753 Forms ...................................................................... 101
754–799 [Reserved]
APPENDIXES A–C TO CHAPTER 7 [RESERVED]
APPENDIX D TO CHAPTER 7—DIRECT USAID CONTRACTS WITH
A U.S. CITIZEN OR A U.S. RESIDENT ALIEN FOR PERSONAL
SERVICES ABROAD ............................................................... 102
APPENDIX E TO CHAPTER 7 [RESERVED]
APPENDIX F TO CHAPTER 7—USE OF COLLABORATIVE ASSIST-
ANCE METHOD FOR TITLE XII ACTIVITIES ............................. 127
APPENDIXES G–H TO CHAPTER 7 [RESERVED]
APPENDIX I TO CHAPTER 7—USAID’S ACADEMIC PUBLICATION
POLICY ................................................................................ 131
APPENDIX J TO CHAPTER 7—DIRECT USAID CONTRACTS WITH
A COOPERATING COUNTRY NATIONAL AND WITH A THIRD
COUNTRY NATIONAL FOR PERSONAL SERVICES ABROAD ......... 132
SUBCHAPTER A—GENERAL
PART 700 [RESERVED] proved by OMB and assigned an OMB

control number as specified below:
PART 701—FEDERAL ACQUISITION (48 CFR) AIDAR segment OMB control
REGULATION SYSTEM No.
752.219–8 .......................................................... 0412–0520

Subpart 701.1—Purpose, Authority, 752.245–70 ........................................................ 0412–0520
Issuance 752.245–71(c)(2) ............................................... 0412–0520
752.247–70(c) .................................................... 0412–0520
Sec. 752.7001 ............................................................ 0412–0520
752.7002(j) ......................................................... 0412–0520
701.106 OMB approval under the Paperwork
752.7003 ............................................................ 0412–0520
Reduction Act. 752.7004 ............................................................ 0412–0520
752.7032 ............................................................ 0412–0520
Subpart 701.3—U.S. Agency for Inter-
national Development Acquisition (b) The information requested by the
Regulation AIDAR sections listed in paragraph (a)
701.301 Policy. is necessary to allow USAID to pru-
701.303 Publication and codification. dently administer public funds. It lets
USAID make reasonable assessments of
Subpart 701.4—Deviations from the FAR or contractor capabilities and responsi-
AIDAR bility of costs. Information is required
in order for a contractor and/or its em-
701.402 Policy.
ployee to obtain a benefit-usually tak-
701.470 Procedure.
ing the form of payment under a Gov-
Subpart 701.6—Career Development, ernment contract.
Contracting Authority, and Responsibilities (c) Public reporting burden for these
collections of information is estimated
701.601 General. as shown in paragraph (a) of this sec-
701.602–1 Authority of contracting officers tion. The estimated burden includes
in resolving audit recommendations. the time for reviewing instructions,
701.602–3 Ratification of unauthorized com-
mitments.
searching existing data sources, gath-
701.603 Selection, appointment, and termi- ering and maintaining the data needed,
nation of appointment of contracting of- and completing and reviewing the col-
ficers. lection of information.
701.603–70 Designation of contracting offi-
[59 FR 33445, June 29, 1994, as amended at 61
cers.
FR 39090, July 26, 1996; 62 FR 40466, July 29,
1997; 64 FR 16648, Apr. 6, 1999; 72 FR 19670,
Subpart 701.7—Determinations and
Apr. 19, 2007. Redesignated and amended at 79
Findings FR 74988, 74989, Dec. 16, 2014]
701.704 Content.
701.707 Signatory authority. Subpart 701.3—U.S. Agency for
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. International Development
445, (22 U.S.C. 2381) as amended; E.O. 12163, Acquisition Regulation
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
p. 435.
SOURCE: 64 FR 42040, Aug. 3, 1999, unless
SOURCE: 49 FR 13236, Apr. 3, 1984, unless otherwise noted.
otherwise noted.
701.301 Policy.
Subpart 701.1—Purpose, Authority, (a) Responsibility. Subject to the di-
Issuance rection of the Administrator, the Di-
rector, Bureau for Management, Office
701.106 OMB approval under the Pa- of Acquisition and Assistance (‘‘M/OAA
perwork Reduction Act. Director) is responsible for:
(a) The following information collec- (1) Developing and maintaining nec-
tion and record keeping requirements essary uniform procurement policies,

established by USAID have been ap- procedures, and standards;
701.303 48 CFR Ch. 7 (10–1–19 Edition)
(2) Providing assistance to the con- the AIDAR and shall be published in
tracting activities as appropriate; compliance with (48 CFR) FAR part 1.
(3) Keeping the Administrator and (b) Appendices. Significant procure-
Executive Staff fully informed on pro- ment policies and procedures that do
curement matters which should be not correspond to or conveniently fit
brought to their attention; and into the FAR system described in FAR
(4) All agency head duties and au- subpart 1.1 and 1.303 may be published
thorities stated in (48 CFR) FAR sub- as Appendices to the AIDAR. Appen-
part 1.3, in accordance with (48 CFR) dices follow the main text of the
AIDAR 701.601. These responsibilities AIDAR in a section entitled ‘‘Appen-
include but are not limited to devel- dices to Chapter 7’’ and contain a table
oping, issuing, and maintaining the of contents and the individual appen-
USAID Acquisition Regulation dices identified by letter and subject
(‘‘AIDAR’’, 48 CFR chapter 7), USAID’s title (e.g., ‘‘Appendix D—Direct USAID
supplement to the Federal Acquisition Contracts with a U.S. Citizen or a U.S.
Regulation (48 CFR chapter 1), in co- Resident Alien for Personal Services
ordination with the Office of the Gen- Abroad’’).
eral Counsel and such other offices as (c) Only the M/OAA Director has the
may be appropriate. authority to issue internal Agency
(b) Applicability. (1) Unless a devi- guidance applicable to all Agency con-
ation is specifically authorized in ac- tracts. The heads of the various Agen-
cordance with subpart 701.4, or unless cy contracting activities (see Subparts
otherwise provided, the FAR and 701.6 and 702.170) may issue operating
AIDAR apply to all contracts (regard- instructions and procedures consistent
less of currency of payment, or wheth- with the FAR, AIDAR, and other Agen-
er funds are appropriated or non-appro- cy regulations, policies, and procedures
priated) to which USAID is a direct for application within their organiza-
party. tions. One copy of each such issuance
(2) At Missions where joint adminis- must be forwarded to the Bureau for
trative services are arranged, pro- Management, Office of Acquisition and
curing offices may apply the Depart- Assistance, Policy Division (M/OAA/P).
ment of State Acquisition Regulation Insofar as possible, such material must
(48 CFR chapter 6) for all administra- be numerically keyed to the AIDAR.
tive and technical support contracts [64 FR 42040, Aug. 3, 1999, as amended at 72
except in defined areas. The Bureau for FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16,
Management, Office of Management 2014]
Services (M/MS) will furnish the de-
fined areas and administrative guide- Subpart 701.4—Deviations from
lines for procurement to the overseas
Missions. Administrative and local sup-
the FAR or AIDAR
port services include the procurement 701.402 Policy.
accountability, maintenance and dis-
posal of all office and residential equip- It is USAID policy to approve devi-
ment and furnishings, vehicles and ex- ations from the mandatory require-
pendable supplies purchased with ad- ments of the FAR and AIDAR only if it
ministrative and/or technical support is essential to effect necessary procure-
funds, either dollars or local currency. ment actions and when special and ex-
ceptional circumstances make such de-
[64 FR 42040, Aug. 3, 1999, as amended at 72 viation clearly in the best interest of
FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, the Government.
2014]
[79 FR 74989, Dec. 16, 2014]
701.303 Publication and codification.
(a) The AIDAR is USAID’s Acquisi- 701.470 Procedure.
tion Regulation supplementing the (a) Deviation from the FAR or AIDAR
FAR (48 CFR chapter 1) and is pub- affecting one contract or transaction. (1)
lished as chapter 7 of title 48, Code of Deviations which affect only one con-
Federal Regulations. AIDAR Circulars tract or procurement will be made only

shall be used to promulgate changes to after prior approval by the head of the
Agency for International Development 701.470
contracting activity. Deviation re- (2) Class deviations from the FAR
quests containing the information list- will be considered jointly by USAID
ed in paragraph (c) of this section shall and the Chairperson of the Civilian
be submitted sufficiently in advance of Agency Acquisition Council (C/CAAC)
the effective date of such deviation to (FAR 1.404) unless, in the judgment of
allow adequate time for consideration the head of the contracting activity,
and evaluation by the head of the con- after due consideration of the objective
tracting activity. of uniformity, circumstances preclude
(2) Requests for such deviations may such consultation. The head of the con-
be initiated by the responsible USAID tracting activity must certify on the
contracting officer who must obtain face of the deviation the reason for not
clearance and approvals as may be re- coordinating with the C/CAAC. In such
quired by the head of the contracting cases, M/OAA/P will be responsible for
activity. Prior to submission of the de- notifying the C/CAAC of the class devi-
viation request to the head of the con- ation.
tracting activity for approval, the con- (3) Class deviations from the FAR
tracting officer must obtain written shall be processed as follows:
comments from the Bureau for Man- (i) The request must be processed in
agement, Office of Acquisition and As- the same manner as paragraph (a) of
sistance, Policy Division (M/OAA/P), this section, except that M/OAA/P will
hereinafter referred to as ‘‘M/OAA/P’’. be allowed 15 working days, prior to
M/OAA/P will normally be allowed 10
the submission of the deviation request
working days prior to the submission
to the head of the contracting activity,
of the deviation request to the head of
to effect the necessary coordination
the contracting activity to review the
with the C/CAAC and to submit com-
request and to submit comments. If the
ments. If the exigency of the situation
exigency of the situation requires more
requires more immediate action, the
immediate action, the requesting office
may arrange with M/OAA/P for a short- requesting office may arrange with M/
er review period. In addition to a copy OAA/P for a shorter review and coordi-
of the deviation request, M/OAA/P nation period. The comments of C/
must be furnished any background or CAAC and M/OAA/P must be forwarded
historical data that will contribute to to the head of the contracting activity
a more complete understanding of the along with the deviation request and
deviation. The comments of M/OAA/P made a part of the deviation request
must be made a part of the deviation file.
request file, which is forwarded to the (ii) The request shall be processed in
head of the contracting activity. the same manner as paragraph (a) of
(3) Coordination with the Office of this section if the request is not being
the General Counsel, as appropriate, jointly considered by USAID and the C/
should also be effected prior to ap- CAAC.
proval of a deviation by the head of the (4) Deviations involving basic agree-
contracting activity. ments or other master type contracts
(b) Class deviations from the FAR or are considered to involve more than
AIDAR. Class deviations are those one contract.
which affect more than one contract or (5) Unless the approval is sooner re-
contractor. scinded, class deviations shall expire 2
(1) Class deviations from the AIDAR years from the date of approval pro-
will be processed in the same manner vided that deviation authority shall
as prescribed in paragraph (a) of this continue to apply to contracts or task
section. Individual heads of con- orders which are active at the time the
tracting activities have authority to class deviation expires. Authority to
approve class deviations affecting only continue the use of such deviation be-
contracts within their own contracting yond 2 years may be requested in ac-
activities, except that the Director, M/ cordance with the procedures pre-
OAA, has authority to approve class scribed in paragraph (a) of this section.
deviations that affect more than one (6) Expiration dates shall be shown
contracting activity. on all class deviations.
701.601 48 CFR Ch. 7 (10–1–19 Edition)
(c) Requests for deviation shall con- submitted within 20 working days after
tain a complete description of the devi- the end of the reporting period.
ation, the effective date of the devi- [49 FR 13236, Apr. 3, 1984, as amended at 50
ation, the circumstances in which the FR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27,
deviation will be used, a specific ref- 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445,
erence to the regulation being deviated June 29, 1994; 61 FR 39090, July 26, 1996; 72 FR
from, an indication as to whether any 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, 2014]
identical or similar deviations have
been approved in the past, a complete Subpart 701.6—Career Develop-
justification of the deviation including ment, Contracting Authority,
any added or decreased cost to the Gov- and Responsibilities
ernment, the name of the contractor,
701.601 General.
and the contract or task order number.
(d) Register of deviations. Separate (a)(1) Pursuant to the delegations in
registers must be maintained by the USAID’s Automated Directives System
procuring activities of the deviations (ADS) Chapter 103, the M/OAA Director
granted from the FAR and AIDAR. is authorized to act as the head of the
agency for all purposes described in the
Each deviation must be recorded in its
Federal Acquisition Regulation (FAR,
appropriate register and be assigned a
48 CFR chapter 1), except for the au-
control number as follows: For USAID thority in (48 CFR) FAR 6.302–7(a)(2),
Washington deviations the symbol of 6.302–7(c)(1), 17.602(a), 19.201(c), 27.306(a),
the procuring activity, or for overseas 27.306(b), and 30.201–5, or where the
mission deviations the relevant geo- ‘‘head of the agency’’ authority is ex-
graphic code; the abbreviation ‘‘DEV’’; pressly not delegable under the FAR or
the fiscal year; the type of deviation AIDAR. Further, the M/OAA Director
(from the FAR or AIDAR); the serial is responsible for implementing the
number [issued in consecutive order procurement related aspects of the
during each fiscal year] assigned to the Foreign Assistance Act, Executive
particular deviation; and the suffix ‘‘c’’ Order 11223, the Office of Federal Pro-
if it is a class deviation (e.g., M/OAA– curement Policy Act, and other statu-
DEV–FAR–14–1, M/OAA–DEV–FAR–14– tory and Executive Branch procure-
2c, 123–DEV–AIDAR–14–1). The control ment policies and requirements appli-
number must be embodied in the docu- cable to USAID operations, including
ment authorizing the deviation and those authorities and responsibilities
must be cited in all references to the delegated to the Senior Procurement
Executive as specified in USAID’s in-
deviation.
ternal delegations found in the ADS.
(e) Central record of deviations. Copies (2) The M/OAA Director has specific
of approved deviations shall be fur- authority to:
nished promptly to the M/OAA/P, who (i) Select and appoint contracting of-
shall be responsible for maintaining a ficers and terminate their appoint-
central record of all deviations that are ments in accordance with section 1.603
granted. of the Federal Acquisition Regulation;
(f) Semiannual report of class devi- and
ations. (1) USAID contracting officers (ii) Exercise in person or by delega-
must submit a semiannual report to M/ tion the authorities stated in subpart
OAA/P of all contract actions effected 1.4 of the Federal Acquisition Regula-
under class deviations to the FAR and tion with regard to deviations from
AIDAR, which have been approved pur- that regulation.
suant to paragraph (b) of this section. (b) Except as otherwise prescribed,
(2) The report shall contain the appli- the head of each contracting activity
cable deviation control number, the (as defined in 702.170) is responsible for
contractor’s name, contract number the procurement of supplies and serv-
ices under or assigned to the procure-
and task order number (if appropriate).
ment cognizance of his or her activity.
(3) The report shall cover the 6- The heads of USAID contracting activi-
month periods ending June 30 and De- ties are vested with broad authority to
cember 31, respectively, and shall be carry out the programs and activities
Agency for International Development 701.603–70
for which they are responsible. This au- 701.602–1 Authority of contracting of-
thority includes authority to execute ficers in resolving audit rec-
contracts and the establishment of pro- ommendations.
curement policies, procedures, and With the exception of termination
standards appropriate for their pro- settlements subject to part 749 of this
grams and activities, subject to Gov- chapter, Termination of Contracts,
ernment-wide and USAID requirements contracting officers have the authority
and restrictions, such as those found at to negotiate and enter into settlements
(48 CFR) AIDAR 701.601 and particu- with contractors for costs questioned
larly 701.603–70, the USAID policy re- under audit reports, or to issue a con-
garding the direct-hire status of contracting officer’s final decision pursu-
tracting officers. ant to applicable dispute resolution
(c) The authority of heads of con- procedures (in the event that ques-
tracting activities to execute contracts tioned costs are not settled by nego-
is limited as follows: tiated agreement) in accordance with
USAID’s internal policy found in ADS
(1) Director, the Bureau of Democracy,
Chapter 591. The negotiated settlement
Conflict and Humanitarian Assistance,
or final decision will be final, subject
the Office of U.S. Foreign Disaster Assist- only to a contractor’s appeal under the
ance (DCHA/OFDA). Authority to exe- provisions of the Contract Disputes Act
cute contracts for disaster relief pur- of 1978, as amended (41 U.S.C. 601–613),
poses during the first 72 hours of a dis- or other procedures as applicable. Poli-
aster in a cumulative total amount not cies and procedures for resolving audit
to exceed $500,000. Authority to execute recommendations are in accordance
simplified acquisitions up to $50,000 at with USAID’s internal policies found in
any time. May issue warrants for sim- ADS Chapters 591 and 592.
plified acquisitions up to $50,000 to
[79 FR 74990, Dec. 16, 2014]
qualified individuals on his or her staff.
(2) Director, Bureau for Economic 701.602–3 Ratification of unauthorized
Growth, Education and Environment, Of- commitments.
fice of Education (E3/ED). Authority to (a) [Reserved]
execute simplified acquisitions up to (b) Policy. (1) [Reserved]
$10,000. Unlimited authority for pro- (2) In order to maintain management
curing participant training based on oversight and controls on unauthorized
published catalog prices. May issue commitments, authority to ratify un-
warrants for simplified acquisitions up authorized commitments within
to $10,000 to qualified individuals on his USAID is reserved to the M/OAA Direc-
or her staff. tor.
(3) Overseas heads of contracting activi-
[53 FR 6829, Mar. 3, 1988, as amended at 64 FR
ties. Authority to sign contracts where
42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007]
the cumulative amount of the con-
tract, as amended, does not exceed 701.603 Selection, appointment, and
$1,000,000 (or local currency equivalent) termination of appointment of con-
for personal services contracts; or the tracting officers.
simplified acquisition threshold as de-
fined in (48 CFR) FAR 2.101 (or local 701.603–70 Designation of contracting
officers.
currency equivalent) for all other con-
tracts. May issue warrants for sim- A contracting officer represents the
plified acquisitions up to $50,000 to U.S. Government through the exercise
qualified individuals on his or her staff. of his/her delegated authority to nego-
tiate, sign, and administer contracts
[53 FR 4980, Feb. 19, 1988, as amended at 55 on behalf of the U.S. Government. The
FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, contracting officer’s duties are sen-
1991; 58 FR 8702, Feb. 17, 1993; 59 FR 33445, sitive, specialized, and responsible. In
June 29, 1994; 60 FR 11912, Mar. 3, 1995; 61 FR order to ensure proper accountability,
39090, July 26, 1996; 62 FR 40466, July 29, 1997;
and to preclude possible security, con-
64 FR 42041, Aug. 3, 1999; 72 FR 19670, Apr. 19,

2007; 79 FR 74990, Dec. 16, 2014]
flict of interest, or jurisdiction prob-
lems, USAID contracting officers must
701.704 48 CFR Ch. 7 (10–1–19 Edition)
be U.S. citizen direct-hire employees of Automated Directives System (ADS)

the U.S. Government. sets forth the Agency’s policies and es-
[49 FR 13236, Apr. 3, 1984, as amended at 61
sential procedures, as well as supple-
FR 39091, July 26, 1996; 79 FR 74990, Dec. 16, mentary informational references. It
2014] contains six functional series, valid
USAID Handbook chapters, a resource
Subpart 701.7—Determinations library, and a glossary. References to
‘‘ADS’’ throughout 48 CFR chapter 7
and Findings are references to the Automated Direc-
701.704 Content. tives System. The entire ADS is acces-
sible to the general public at the fol-
There is no USAID-prescribed format
lowing USAID Internet address: http://
or form for determinations and find-
www.usaid.gov/policy/ads/.
ings (D&Fs). D&Fs are to contain the
information specified in (48 CFR) FAR Contracting activities also referred to
1.704 and any information which may as ‘‘procuring activities’’ within
be required by the (48 CFR) FAR or USAID are:
AIDAR section under which the D&F is (1) The USAID/Washington activities.
issued. The contracting activities located in
Washington, DC are: The Bureau for
[58 FR 8702, Feb. 17, 1993, as amended at 62 Management, Office of Acquisition and
FR 40466, July 29, 1997; 79 FR 74988, Dec. 16, Assistance (M/OAA); the Bureau for De-
2014]
mocracy, Conflict and Humanitarian
701.707 Signatory authority. Assistance, Office of Foreign Disaster
Assistance (DCHA/OFDA); and the Bu-
Unless otherwise specified in the reau for Economic Growth, Education
FAR or AIDAR section under which the and Environment, Office of Education
D&F is issued, the contracting officer
(E3/ED). Subject to the limitations in
is the signing official.
701.601 of this chapter, the latter two
[58 FR 8702, Feb. 17, 1993, as amended at 79 contracting activities are responsible
FR 74988, Dec. 16, 2014] for procurements related to programs
and activities for their areas. M/OAA is
PART 702—DEFINITIONS OF WORDS responsible for procurements that do
AND TERMS not fall within the responsibility of
other contracting activities, or that
Subpart 702.170—Definitions are otherwise assigned to it.
(2) The overseas field contracting activi-
Sec.
ties. Each USAID Mission or post over-
702.170–1 Definitions.
seas is a contracting activity respon-
Subpart 702.270—Definitions Clause sible for procurements related to its
programs and activities, subject to the
702.270–1 Definitions clause. limitations in 701.601 of this chapter.
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. Cooperating country means a foreign
445, (22 U.S.C. 2381) as amended; E.O. 12163, country in which there is a program or
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., activity administered by USAID.
p. 435. Cooperating country national (CCN)
SOURCE: 49 FR 13238, Apr. 3, 1984, unless means an individual who is a cooper-
otherwise noted. ating country citizen or a non-cooper-
ating country citizen lawfully admit-
Subpart 702.170—Definitions ted for permanent residence in the co-
operating country.
702.170–1 Definitions. Executive agency includes the U.S.
A word or term, defined in this sec- Agency for International Development
tion, has the same meaning throughout (USAID) and its predecessor agencies,
the AIDAR. including the International Coopera-
Administrator means the Adminis- tion Administration.
trator or Deputy Administrator of the Foreign Assistance Act means the For-
U.S. Agency for International Develop- eign Assistance Act of 1961, as amended
ment. (22 U.S.C., Chapter 32).
10
Government, Federal, State, local and Third country national (TCN) means
political subdivisions, as used in the an individual who is neither a cooper-
FAR and AIDAR, do not refer to for- ating country national nor a U.S. na-
eign entities except as otherwise stat- tional, but is a citizen or lawful perma-
ed. nent resident (or equivalent immigra-
Head of agency means, for USAID, the tion status) of any country other than
Administrator, the Deputy Adminis- the countries which are prohibited
trator, and in accordance with the resources. (See 22 CFR 228.15).
sponsibilities and limitations set forth USAID means the U.S. Agency for
in (48 CFR) AIDAR 701.601(a)(1), the M/ International Development and its
OAA Director. predecessor agencies, including the
Head of the contracting activity: International Cooperation Administra-
(1) The heads of USAID contracting tion (ICA).
activities are listed below. The limits U.S. national (USN) means an indi-
of their contracting authority are set vidual who is a U.S. citizen or a non-
forth in 701.601 of this chapter. U.S. citizen lawfully admitted for per-
(i) USAID/Washington Heads of Con- manent residence in the United States.
tracting Activities: [79 FR 74991, Dec. 16, 2014]
(A) Director, Bureau for Manage-
ment, Office of Acquisition and Assist- Subpart 702.270—Definitions
ance; Clause
(B) Director, the Bureau for Democ-
racy, Conflict and Humanitarian As- 702.270–1 Definitions clause.
sistance, Office of Foreign Disaster As- Use the appropriate clause in 752.202–
sistance (DCHA/OFDA); and 1, in addition to the clause in (48 CFR)
(C) Director, Bureau for Economic FAR 52.202–1.
Growth, Education and Environment,
Office of Education (E3/ED). [49 FR 13238, Apr. 3, 1984, as amended at 79
FR 74988, Dec. 16, 2014]
(ii) Overseas Heads of Contracting
Activities: Each Mission Director or
principal USAID officer at post (e.g. PART 703—IMPROPER BUSINESS
USAID Representative, USAID Affairs PRACTICES AND PERSONAL
Officer, etc.). CONFLICTS OF INTEREST
(2) Individuals serving in the posi-
tions listed in paragraphs (1)(i) and (ii) Subpart 703.1—Safeguards
of this definition in an ‘‘Acting’’ capac- Sec.
ity may exercise the authority dele- 703.104–4 Disclosure, protection, and mark-
gated to that position. ing of contractor bid or proposal infor-
Mission means the USAID mission or mation and source selection information.
the principal USAID office or rep- 703.104–7 Violations or possible violations.
resentative (including an embassy des- AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
ignated to so act) in a foreign country 445, (22 U.S.C. 2381) as amended; E.O. 12163,
in which there is a program or activity Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
administered by USAID. p. 435.
Overseas means outside the United
States, its possessions, and Puerto Subpart 703.1—Safeguards
Rico.
Procurement Executive is synonymous 703.104–4 Disclosure, protection, and
marking of contractor bid or pro-
with ‘‘Senior Procurement Executive’’ posal information and source selec-
as defined in FAR 2.101 and means the tion information.
USAID official who is responsible for
the management direction of USAID’s A contracting officer may authorize
assistance and acquisition (‘‘A&A’’) the release of proprietary and/or source
system, as so delegated and more fully selection information outside the Gov-
described in USAID’s internal delega- ernment for evaluation purposes pursu-
tions found in the ADS. ant to (48 CFR) FAR 15.305(c) and (48
Procuring activity means ‘‘contracting CFR) AIDAR 715.305(c).

activity’’, as defined in this subpart. [79 FR 74991, Dec. 16, 2014]
11
703.104–7 48 CFR Ch. 7 (10–1–19 Edition)
703.104–7 Violations or possible viola- (GLAAS,) etc.,) and the solicitation

tions. and contract contains (48 CFR) FAR
Requests for concurrence under para- 52.204–9(a), the contracting officer must
graph (a)(1) of (48 CFR) FAR 3.104–7 also insert (48 CFR) AIDAR 752.204–72,
must be forwarded to one level above Access to USAID Facilities and
the contracting officer. USAID’s Information Systems. Only
U.S citizen employees or consultants of
[79 FR 74991, Dec. 16, 2014] a U.S.-based company may request rou-
tine physical access to USAID-con-
PART 704—ADMINISTRATIVE trolled facilities or logical access to
MATTERS USAID’s information systems.
[79 FR 74991, Dec. 16, 2014]
Subpart 704.4—Safeguarding Classified
Information Within Industry
Subpart 704.8—Contract Files
Sec. [Reserved]
704.404 Contract clauses.
Subpart 704.8—Contract Files [Reserved] Subpart 704.70—Partner Vetting

Subpart 704.70—Partner Vetting
SOURCE: 77 FR 8170, Feb. 14, 2012, unless
704.7001 Scope of subpart. otherwise noted.
704.7002 Definitions.
704.7003 Policy. 704.7001 Scope of subpart.
704.7004 Procedures.
This subpart prescribes the policies
704.7004–1 Preaward requirements.
704.7004–2 Post award requirements. and procedures to apply partner vet-
704.7004–3 Subcontracts. ting to USAID acquisitions.
704.7005 Solicitation provision and contract
clause. 704.7002 Definitions.
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. As used in this subpart—
445, (22 U.S.C. 2381) as amended; E.O. 12163, Key individual means:
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., (1) Principal officers of the organiza-
p. 435. tion’s governing body (e.g., chairman,
vice chairman, treasurer and secretary
Subpart 704.4—Safeguarding of the board of directors or board of
Classified Information Within trustees);
Industry (2) The principal officer and deputy
principal officer of the organization
704.404 Contract clauses. (e.g., executive director, deputy direc-
(a) When the contract includes a re- tor, president, vice president);
quirement for the contractor to access (3) The program manager or chief of
classified (‘‘Confidential’’, ‘‘Secret’’, or party for the USG-financed program;
‘‘Top Secret’’), or administratively and
controlled (‘‘Sensitive But Unclassi- (4) Any other person with significant
fied’’) information, the contracting of- responsibilities for administration of
ficer must insert (48 CFR) FAR clause the USG-financed activities or re-
52.204–2, Security Requirements and (48 sources, such as key personnel as de-
CFR) AIDAR clause 752.204–2, Security scribed in Automated Directives Sys-
Requirements, in the solicitation and tem Chapter 302. Key personnel, wheth-
award. er or not they are employees of the
(b) If the contract requires the con- prime contractor, must be vetted.
tractor (or contractor employees) to Vetting official means the USAID em-
have routine physical access to USAID- ployee identified in the solicitation or
controlled facilities in the U.S. (i.e., contract as having responsibility for
will need an ID for regular entry to receiving vetting information, respond-
USAID space), or have logical access to ing to questions about information to
USAID’s information systems (i.e., ac- be included on the Partner Information
cess to AIDNet, Phoenix, the Global Form, coordinating with the USAID
Acquisition and Assistance System Office of Security (SEC), and conveying
12
the vetting determination to each of- the appropriate timing for vetting in
feror, potential subcontractors subject the request for task or delivery order
to vetting, and the contracting officer. proposals. See (48 CFR) AIDAR subpart
The vetting official is not part of the 716.5 for vetting procedures for task
contracting office and has no involve- and delivery orders.
ment in the source selection process. (d) For all other acquisitions, includ-
ing those under (48 CFR) FAR parts 13
704.7003 Policy. and 14, the contracting officer deter-
In the interest of national security, mines the appropriate time to require
USAID may determine that a par- potential awardee(s) to submit the
ticular acquisition is subject to vet- completed USAID Partner Information
ting. In that case, USAID will require Form to the vetting official.
vetting of all key individuals of (e) Source selection proceeds sepa-
offerors, first tier subcontractors, and rately from vetting. The source selec-
any other class of subcontracts if iden- tion authority makes the source selec-
tified in the solicitation and resulting tion determination separately from the
contract. When USAID conducts part- vetting process and without knowledge
ner vetting, it will not award a con- of vetting-related information other
tract to any offeror who does not pass than that the apparently successful of-
vetting. feror has passed or not passed vetting.
(f) The contracting officer may only
704.7004 Procedures. award to an offeror who has passed vet-
ting.
704.7004–1 Preaward requirements.
[77 FR 8170, Feb. 14, 2012, as amended at 79
(a) When USAID determines an ac- FR 74988, Dec. 16, 2014]
quisition to be subject to vetting, the
contracting officer determines the ap- 704.7004–2 Post award requirements.
propriate stage of the acquisition cycle
(a) For those contracts and task or-
to require offerors to submit the com-
ders the Agency has determined are
pleted USAID Partner Information
subject to vetting, the contractor must
Form, USAID Form 500–13, to the vet-
submit the completed USAID Partner
ting official identified in the solicita-
Information Form any time it changes:
tion. The contracting officer must
(1) Key individuals, and
specify in the solicitation the stage at
(2) Subcontractors for which vetting
which the offerors will be required to
is required.
submit the USAID Partner Information
(b) USAID may vet key individuals of
Form.
the contractor and any required sub-
(b) For negotiated procurements
contractors periodically during con-
using (48 CFR) FAR part 15, this stage
tract performance using the informa-
will typically be when the contracting
tion already submitted on the Form.
officer establishes the competitive
range (48 CFR 15.306(c)). However, the [77 FR 8170, Feb. 14, 2012, as amended at 79
contracting officer may determine that FR 74992 Dec. 16, 2014]
vetting is more appropriate at a dif-
ferent stage of the source selection 704.7004–3 Subcontracts.
process, such as immediately prior to (a) When the prime contract is sub-
award, and then require only the ap- ject to vetting, vetting is required for
parently successful offeror to submit key individuals of all subcontracts
the completed USAID Partner Informa- under that contract for which consent
tion Form. is required under (48 CFR) FAR clause
(c) For Indefinite Delivery contracts 52.244–2, Subcontracts.
under (48 CFR) FAR subpart 16.5, vet- (b) The contracting officer must not
ting will occur prior to award of the consent to a subcontract with any sub-
basic contract if the contracting offi- contractor subject to vetting until that
cer anticipates placing orders subject subcontractor has passed vetting.
to vetting under that contract. Vetting (c) Vetting may be required for key
will also occur before USAID places individuals of subcontracts at any tier
any orders subject to vetting. The con- for certain classes of items (supplies
tracting officer will notify awardees of and services). The contracting officer
13
704.7005 48 CFR Ch. 7 (10–1–19 Edition)
must identify these classes of items in solicitations USAID identifies as sub-

the solicitation. ject to vetting.
(d) The contractor may instruct pro- (b) Except for awards made under
spective subcontractors who are sub- FAR part 16, the contracting officer
ject to vetting to submit the USAID will—
Partner Information Form to the vet- (1) Insert the clause at 752.204–71
ting official as soon as the contractor Partner Vetting, in all solicitations
submits the USAID Partner Informa- and contracts USAID identifies as sub-
tion Form for its key individuals. ject to vetting, or
(2) Use the clause with its Alternate
[77 FR 8170, Feb. 14, 2012, as amended at 79 I when USAID determines that sub-
FR 74988, Dec. 16, 2014] contracts at any tier for certain classes
of supplies or services are subject to
704.7005 Solicitation provision and vetting.
contract clause. (c) For awards made under FAR part
(a) The contracting officer will insert 16, see (48 CFR) AIDAR subpart 716.5.
the provision at 752.204–70 Partner Vet- [77 FR 8170, Feb. 14, 2012, as amended at 79
ting Pre–Award Requirements, in all FR 74992, Dec. 16, 2014]
14
SUBCHAPTER B—ACQUISITION PLANNING
PART 705—PUBLICIZING tracting officers shall document the

CONTRACT ACTIONS contract file to reflect consideration of
the requirements of (48 CFR) FAR
Sec. 5.101(b)(4).
705.002 [Reserved] [64 FR 5006, Feb. 2, 1999, as amended at 64 FR
42042, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007]
Subpart 705.2—Synopsis of Proposed
Contract Actions
PART 706—COMPETITION
705.202 Exceptions. REQUIREMENTS
705.207 [Reserved]
Sec.
Subpart 705.5—Paid Advertisement
705.502 Authority. Subparts 706.1–706.2 [Reserved]
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. Subpart 706.3—Other Than Full and Open
445 (22 U.S.C. 2381), as amended; E.O. 12163, Competition
Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp.,
p. 435; 40 U.S.C. 474. 706.302–5 [Reserved]
706.302–70 Impairment of foreign aid pro-
705.002 [Reserved] grams.
706.302–71 [Reserved]
Subpart 705.2—Synopsis of Subpart 706.5—Competition Advocates
Proposed Contract Actions
706.501 Requirement.
705.202 Exceptions.
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
(a) [Reserved] 445 (22 U.S.C. 2381), as amended; E.O. 12163,
(b) The head of the U.S. Agency for Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp.,
International Development has deter- p. 435; 40 U.S.C. 474.
mined after consultation with the Ad-
ministrator of the Office of Manage- Subparts 706.1–706.2 [Reserved]
ment and Budget’s Office of Federal
Procurement Policy and the Adminis- Subpart 706.3—Other Than Full
trator of the Small Business Adminis-
tration, that advance notice is not ap-
and Open Competition
propriate or reasonable for contract ac- 706.302–5 [Reserved]
tions described in 706.302–70(b)(1)
through (b)(3). 706.302–70 Impairment of foreign aid
(c) [Reserved] programs.
[51 FR 42845, Nov. 26, 1986, as amended at 54 (a) Authority. (1) Citation: 40 U.S.C.
FR 28069, July 5, 1989; 55 FR 8469, Mar. 8, 1990; 113.
55 FR 39154, Sept. 25, 1990; 56 FR 27208, June (2) Full and open competition need
13, 1991; 57 FR 5235, Feb. 13, 1992; 79 FR 74992, not be obtained when it would impair
Dec. 16, 2014] or otherwise have an adverse effect on
programs conducted for the purposes of
705.207 [Reserved]
foreign aid, relief, and rehabilitation.
(b) Application. This authority may
Subpart 705.5—Paid be used for:
Advertisement (1) An award under section 636(a)(3) of
the Foreign Assistance Act of 1961, as
705.502 Authority. amended, involving a personal services
(a) The M/OAA Director, acting as contractor serving abroad;
head of the Agency under the authority (2) An award of $250,000 or less by an
of 701.601(a)(1), hereby authorizes overseas contracting activity;
USAID contracting officers to place (3)(i) An award for which the Assist-
paid advertisements and notices in ant Administrator responsible for the

newspapers and periodicals. Con- project or program makes a formal
15
706.302–71 48 CFR Ch. 7 (10–1–19 Edition)
written determination, with supporting Advocate (see 706.501) is required before

findings, that compliance with full and executing the written determination
open competition procedures would im- and finding, and this consultation must
pair foreign assistance objectives, and be reflected in the determination and
would be inconsistent with the fulfill- finding.
ment of the foreign assistance pro- (4) Use of the authority in 706.302–
gram; or 70(b)(5) for proposed follow-on amend-
(ii) Awards for countries, regions, ments in excess of one year or over
projects, or programs for which the Ad- $250,000 is subject to the approval of
ministrator of USAID makes a formal the Agency Competition Advocate. For
written determination, with supporting
all other follow-on amendments using
findings, that compliance with full and
this authority, the contracting offi-
open competition procedures would im-
pair foreign assistance objectives, and cer’s certification required in (48 CFR)
would be inconsistent with the fulfill- FAR 6.303–2(b)(12) will serve as ap-
ment of the foreign assistance pro- proval.
gram. [50 FR 40976, Oct. 8, 1985, and 50 FR 51395,
(4) Awards under (48 CFR) AIDAR Dec. 17, 1985, as amended at 54 FR 28069, July
715.370–1 (Title XII selection proce- 5, 1989; 54 FR 46389, Nov. 3, 1989; 57 FR 5235,
dure—general) or 715.370–2 (Title XII se- Feb. 13, 1992; 61 FR 39091, July 26, 1996; 62 FR
lection procedure—collaborative assist- 40467, July 29, 1997; 64 FR 42042, Aug. 3, 1999;
ance). 79 FR 74988, 74992, Dec. 16, 2014]
(5) An award for the continued provi-
sion of highly specialized services when 706.302–71 [Reserved]
award to another resource would result
in substantial additional costs to the Subpart 706.5—Competition
Government or would result in unac- Advocates
ceptable delays.
(c) Limitations. (1) Proposals must be 706.501 Requirement.
requested from as many potential
The USAID Administrator delegated
offerors as is practicable under the cir-
the authority to designate the Agency
cumstances. Additionally, as required
in (48 CFR) FAR 5.201, the contracting Competition Advocate and a competi-
officer must publicize the intended tion advocate for each agency pro-
award when using the exceptions curing activity (see 702.170 of this chap-
above, including when using the au- ter) to the M/OAA Director. The M/
thority at 706.302–70(b)(5) where the OAA Director, under the Administra-
contracting officer has determined that tor’s delegation, has designated the M/
the incumbent contractor is the only OAA Deputy Director for Account-
practicable, potential offeror. ability, Compliance, Transparency, and
(2) The contract file must include ap- Support as the Agency Competition
propriate explanation and support jus- Advocate and the deputy head of each
tifying the award without full and open contracting activity as the competi-
competition, as provided in (48 CFR) tion advocate for each activity. The
FAR 6.303, except that determinations competition advocate for USAID/W is
made under 706.302–70(b)(3) will not be the Deputy Director for M/OAA Oper-
subject to the requirement for con- ations. If there is no deputy, the head
tracting officer certification or to ap- of the contracting activity is des-
provals in accord with (48 CFR) FAR ignated the competition advocate for
6.304. that activity. The competition advo-
(3) The authority in 706.302–70(b)(3)(i) cate’s duties may not be redelegated,
shall be used only when no other au- but can be exercised by persons serving
thority provided in (48 CFR) FAR 6.302 as acting deputy (or acting head) of the
or (48 CFR) AIDAR 706.302 is suitable. contracting activity. For definitions of
The specific foreign assistance objec- contracting activity and head of the
tive which would be impaired must be contracting activity, see 702.170 of this
identified and explained in the written
chapter.
determination and finding. Prior con-
sultation with the Agency Competition [79 FR 74992, Dec. 16, 2014]
16
PART 707—ACQUISITION by delegates the authority to approve

PLANNING waivers pursuant to (48 CFR) FAR 9.503
to the heads of USAID contracting ac-
tivities, as defined in (48 CFR) AIDAR
Subpart 707.1—Acquisition Plans 702.170.
707.104 General procedures. [64 FR 42042, Aug. 3, 1999, as amended at 72
Policies, procedures, and internal FR 19670, Apr. 19, 2007; 79 FR 74988, 74992, Dec.
guidance for acquisition planning are 16, 2014]
found in ADS 300.
709.507–2 Contract clause.
[79 FR 74992, Dec. 16, 2014]
(a)–(b) [Reserved]
(c) In order to avoid problems from
PART 709—CONTRACTOR organizational conflicts of interest
QUALIFICATIONS that may be discovered after award of
a contract, the clause found at 752.209–
Sec. 71 shall be inserted in all contracts
Subpart 709.4—Debarment, Suspension whenever the solicitation or resulting
and Ineligibility contract or both include a provision in
accordance with (48 CFR) FAR 9.507–1,
709.403 Definitions. or a clause in accordance with (48 CFR)
FAR 9.507–2, establishing a restraint on
Subpart 709.5—Organizational Conflicts of the contractor’s eligibility for future
Interest contracts.
709.503 Waiver. [58 FR 42255, Aug. 9, 1993, as amended at 64
709.507–2 Contract clause. FR 5006, Feb. 2, 1999]
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
PART 711—DESCRIBING AGENCY
p. 435. NEEDS
Sec.
Subpart 709.4—Debarment,
711.002–70 Metric system waivers.
Suspension and Ineligibility 711.002–71 Solicitation provisions and con-
tract clauses.
Debarring official in USAID is the As- AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
sistant Administrator, Bureau for Man-
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
agement, or designee as delegated in p. 435.
Agency policy found in ADS 103—Dele-
gations of Authority. 711.002–70 Metric system waivers.
Suspending official in USAID is the
Assistant Administrator, Bureau for (a) Criteria. The (48 CFR) FAR
Management, or designee as delegated 11.002(b) requirement to use the metric
in Agency policy found in ADS 103— system of measurement for specifica-
Delegations of Authority. tions and quantitative data that are in-
corporated in or required by USAID
[79 FR 74992, Dec. 16, 2014; 80 FR 12935, Mar. contracts may be waived when USAID
12, 2015] determines in writing that such usage
is impractical or is likely to cause U.S.
Subpart 709.5—Organizational firms to experience significant ineffi-
Conflicts of Interest ciencies or the loss of markets.
(b) Authorization. (1) The USAID Met-
709.503 Waiver. ric Executive (as designated in ADS
For purposes of approving waivers or Chapter 323), the contracting officer,
further delegating the authority to ap- and the USAID official who approves
prove waivers pursuant to (48 CFR) the procurement requirement are au-
FAR 9.503, the M/OAA Director is the thorized to waive the metric require-
agency head (see (48 CFR) AIDAR ment for one of the above reasons. The
701.601(a)(1)). The M/OAA Director here- USAID Metric Executive is authorized
17
711.002–71 48 CFR Ch. 7 (10–1–19 Edition)
to overrule a decision to grant a waiv- (3) Within 30 days of the closing of

er, or to nullify a blanket waiver made each fiscal year, each USAID/W pro-
by another approving official so long as curement activity and each Mission
a contractor’s rights under an executed will submit a copy of the metric waiver
contract are not infringed upon. log for the year to the USAID Metric
(2) A blanket waiver for a class of Executive. (Mission logs are to be con-
multiple transactions may be issued solidated in a Mission report for the
for a term not to exceed three years. procurement activity and for the non-
(3) When a waiver will be based upon
procurement activities maintaining
the adverse impact on U.S. firms,
such logs under the USAID Metric
clearance from the USAID Metric Ex-
ecutive and the Office of Small and Transition Plan.) Repetitive purchases
Disadvantaged Business Utilization of commercially produced and mar-
(OSDBU) will be obtained prior to au- keted items and classes of items may
thorization. be consolidated in reporting procure-
(c) Records and reporting. (1) The basis ments that do not exceed $10,000 cumu-
for each waiver and any plans to adapt latively during the reporting period.
similar requirements to metric speci- [57 FR 23321, June 3, 1992, as amended at 59
fications in future procurements FR 33446, June 29, 1994. Redesignated and
should be documented in the contract amended at 61 FR 39091, July 26, 1996. Redes-
file. ignated and amended at 62 FR 40467, July 29,
(2) Each procurement activity will 1997; 79 FR 74988, 74992, Dec. 16, 2014]
maintain a log of the waivers from the
metric requirements which are author- 711.002–71 Solicitation provisions and
ized for its procurements. The logs contract clauses.
shall list the commodity/service being
The contracting officer shall insert
procured, total dollar value of the pro-
the clause at 752.211–70 in all USAID-di-
cured item(s), waiver date, authorizing
rect solicitations and contracts.
official, basis for waiver, and USAID
actions that can promote metrication [57 FR 23321, June 3, 1992. Redesignated and
and lessen the need for future waivers. amended at 61 FR 39091, July 26, 1996]
18
SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT
TYPES
PART 713—SIMPLIFIED PART 714—SEALED BIDDING

ACQUISITION PROCEDURES
Subpart 714.4—Opening of Bids and
Sec. Award of Contract
713.000 Scope of part.
Sec.
714.407–3 Other mistakes disclosed before
award.
Subpart 713.1—Procedures 714.407–4 Mistakes after award.
713.106–370 Partner vetting. 714.408–170 Partner vetting.
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp.,
p. 435.
p. 435.
SOURCE: 61 FR 39091, July 26, 1996, unless Subpart 714.4—Opening of Bids
otherwise noted.
and Award of Contract
714.407–3 Other mistakes disclosed be-
The simplified acquisition threshold fore award.
applies to the cost of supplies and serv- The M/OAA Director is the des-
ices, exclusive of the cost of transpor- ignated central authority to make the
tation and other accessorial costs if determinations described in (48 CFR)
their destination is outside the United FAR 14.407–3.
States.
713.001 Definitions. FR 46389, Nov. 3, 1989; 64 FR 42040, Aug. 3,
1999; 72 FR 19670, Apr. 19, 2007. Redesignated
Accessorial costs means the cost of and amended at 79 FR 74993, Dec. 16, 2014]
getting supplies or services to their
destination in the cooperating country 714.407–4 Mistakes after award.
(and the travel costs of returning per- The M/OAA Director is the des-
sonnel to the U.S. or other point of ignated central authority to make the
hire). It does not include costs such as determinations described in (48 CFR)
allowances or differentials related to FAR 14.407–4.
maintaining personnel at post which [49 FR 13240, Apr. 3, 1984, as amended at 64
are to be considered as part of the base FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
costs within the simplified acquisition 2007. Redesignated and amended at 79 FR
threshold. 74993, Dec. 16, 2014]
[61 FR 39091, July 26, 1996. Redesignated at 79 714.408–170 Partner vetting.

FR 74993, Dec. 16, 2014]
If an acquisition is identified as sub-
ject to vetting, see (48 CFR) AIDAR
Subpart 713.1—Procedures. 704.70 for the applicable procedures and
requirements.
713.106–370 Partner vetting.
[77 FR 8171, Feb. 14, 2012]
If an acquisition is identified as sub-
ject to vetting, see (48 CFR) AIDAR
704.70 for the applicable procedures and PART 715—CONTRACTING BY
requirements. NEGOTIATION
[77 FR 8171, Feb. 14, 2012] Subpart 715.3—Source Selection
Sec.
715.303 Responsibilities.
19
715.303 48 CFR Ch. 7 (10–1–19 Edition)
715.303–70 Responsibilities of USAID evalua- documentation shall include narrative
tion committees. justification of the evaluation results.
715.305 Proposal evaluation.
(4) The contracting officer is respon-
715.370 Alternative source selection proce-
dures. sible for reviewing the documentation
715.370–1 Title XII selection procedure—gen- justifying the evaluation results to de-
eral. termine that it is adequate and com-
715.370–2 Title XII selection procedure—col- plete. The contracting officer shall re-
laborative assistance. turn a justification determined to be
inadequate to the chair for revision.
Subpart 715.6—Unsolicited Proposals
(5) No member of the USAID evalua-
715.602 Policy. tion committee shall hold discussions
715.604 Agency points of contact. with any offeror before or during the
USAID evaluation committee’s pro-
Subpart 715.70—Partner Vetting
ceedings, nor shall any information
715.70 Partner vetting. about the proposals be provided to any-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. one not on the committee without first
445 (22 U.S.C. 2381) as amended; E.O. 12163, obtaining the contracting officer’s con-
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., sent.
p. 435.
[61 FR 39091, July 26, 1996. Redesignated and
SOURCE: 49 FR 13240, Apr. 3, 1984, unless amended at 64 FR 16648, Apr. 6, 1999; 79 FR
otherwise noted. 74988, Dec. 16, 2014]
Subpart 715.3—Source Selection 715.305 Proposal evaluation.

(a) [Reserved]
715.303 Responsibilities.
(b) A justification must be written by
715.303–70 Responsibilities of USAID the contracting officer and placed in
evaluation committees. the official file to support the decision
(a) Establishment and composition of to reject all proposals and to cancel the
USAID evaluation committees. A tech- procurement.
nical evaluation committee shall be es- (c) The contracting officer may au-
tablished for each proposed procure- thorize release of proposals outside the
ment. In each case, the committee Government for evaluation—
shall be composed of a chair rep- (1) When an Evaluation Assistance
resenting the cognizant technical of- Contract (EAC) is required to provide
fice, a representative of the con- technical advisory or other services re-
tracting office (who shall be a non-vot- lating to the evaluation of proposals;
ing member of the committee), and or
representatives from other concerned (2) When an individual other than a
offices as appropriate. Government employee, known as a
(b) Technical evaluation procedures. (1) Non-Government Evaluator (NGE), is
The contracting officer will receive all selected to serve as a member of a
proposals and provide to the chair a USAID technical evaluation com-
listing and copies of the technical pro- mittee.
posals and instructions for conducting (3) Prior to releasing the proposals
the evaluation. outside the Government, the con-
(2) The chair will promptly call a tracting officer must obtain a signed
meeting of the committee to evaluate and dated agreement from each NGE
the proposals received. The evaluation
and EAC employee that they will safe-
shall be based on the evaluation factors
guard the proposals and information in
set forth in the solicitation document.
the proposals and that they perceive no
(3) The chair shall prepare and pro-
vide to the contracting officer written actual or potential conflict of inter-
documentation summarizing the re- ests. (An example of such agreement is
sults of the evaluation of each pro- provided in the ADS).
posal, including an assessment of past
[64 FR 16648, Apr. 6, 1999; 64 FR 25405, May 11,

performance information in accordance 1999, as amended at 65 FR 36642, June 9, 2000;
with (48 CFR) FAR 15.305(a)(2). The 79 FR 74993, Dec. 16, 2014]
20
715.370 Alternative source selection ments, special requirements (logistic

procedures. support, Government furnished prop-
The following selection procedures erty, and so forth) for the contracting
may be used, when appropriate, for ac- officer’s use in preparing the request
tivities covered under Title XII of the for technical proposal (RFTP).
Foreign Assistance Act of 1961, as (iv) Send a memorandum incor-
amended. porating the certification and deter-
mination required by paragraph (c) of
[64 FR 16649, Apr. 6, 1999] this section, together with the infor-
mation required by paragraphs (d)(2)(i)
715.370–1 Title XII selection proce- through (iii) of this section, with the
dure—general.
‘‘Action’’ copy of the requisition to the
(a) General. The Deputy Adminis- contracting officer, requesting him/her
trator has determined, as provided in to prepare and distribute the RFTP.
(48 CFR) AIDAR 706.302–70(b)(3)(ii) that (3) Upon receipt and acceptance of
use of this Title XII source selection the project officer’s request, the con-
procedure is necessary so as not to im- tracting officer shall prepare the
pair or affect USAID’s ability to ad- RFTP. The RFTP shall contain suffi-
minister Title XII of the Foreign As- cient information to enable an offeror
sistance Act. This determination is re- to submit a responsive and complete
flected in (48 CFR) AIDAR 706.302– technical proposal. This includes a de-
70(b)(4). This constitutes authority for finitive statement of work, an estimate
other than full and open competition of the personnel required, and special
when selecting Title XII institutions to provisions (such as logistic support,
perform Title XII projects. Government furnished equipment, and
(b) Scope of subsection. This sub- so forth), a proposed contract format,
section prescribes policies and proce- and evaluation criteria. No cost or
dures for the selection of institutions pricing data will be requested or re-
eligible under Title XII of the Foreign quired by the RFTP. The RFTP will be
Assistance Act of 1961, as amended, to distributed to the eligible institutions
perform activities authorized under recommended by the project office. The
Title XII. RFTP will be synopsized, as required
(c) Applicability. The provisions of by (48 CFR) FAR 5.201, and will nor-
this subsection are applicable when the mally allow a minimum of 60 days for
project office certifies that the activity preparation and submission of a pro-
is authorized under Title XII, and de- posal.
termines that use of the Title XII se- (4) Upon receipt of responses to the
lection procedure is appropriate. RFTP by the contracting officer, an
(d) Solicitation, evaluation, and selec- evaluation committee will be estab-
tion procedures. (1) Competition shall be lished as provided for in 715.303–70.
sought among eligible Title XII insti- (5) The evaluation committee will
tutions to the maximum practicable evaluate all proposals in accordance
extent; this requirement shall be with the criteria set forth in the
deemed satisfied when a contractor is RFTP, and will prepare a selection
selected under the procedures of this memorandum which shall:
subsection. (i) State the evaluation criteria;
(2) The project office shall— (ii) List all of the eligible institu-
(i) Prepare selection criteria for eval- tions whose proposals were reviewed;
uation of eligible institutions for use in (iii) Report on the ranking and ra-
preparing the source list, determining tionale therefor for all proposals;
predominantly qualified sources, and (iv) Indicate the eligible institution
selecting the contractor; or institutions considered best quali-
(ii) Prepare an initial list of eligible fied.
institutions considered qualified to (6) The evaluation committee will
perform the proposed activity; submit the selection memorandum to
(iii) Provide a statement describing the contracting officer for review and
qualifications and areas of expertise approval.
considered essential, a statement of (7) The contracting officer will either

work, estimate of personnel require- approve the selection memorandum, or
21
715.370–2 48 CFR Ch. 7 (10–1–19 Edition)
return it to the evaluation committee tion of the activity is essential for its
for reconsideration for specified rea- proper execution.
sons. (2) Based upon this preliminary find-
(8) If the selection memorandum is ing, the cognizant technical office shall
approved, the contracting officer shall establish an evaluation panel con-
obtain cost, pricing, and other nec- sisting of a representative of the cog-
essary data from the recommended in- nizant technical office as chairman, a
stitution or institutions and shall con- representative of the contracting offi-
duct negotiations. If a satisfactory cer, and any other representatives con-
contract cannot be obtained, the considered appropriate by the chairman to
tracting officer will so advise the eval- review the proposed activity for its ap-
uation committee. The evaluation propriateness under the collaborative
committee may then recommend an al- assistance method.
ternate institution or institutions. (3) If supported by the panel’s find-
[52 FR 6158, Mar. 2, 1987, as amended at 54 FR
ings, the chairman will make a formal
28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990. written determination that the col-
Redesignated at 64 FR 16648, Apr. 6, 1999, as laborative assistance method is the ap-
amended at 79 FR 74988, 74993, Dec. 16, 2014] propriate contracting method for the
Title XII activity in question.
715.370–2 Title XII selection proce- (d) Evaluation and selection. (1) Com-
dure—collaborative assistance. petition shall be sought among eligible
(a) General. (48 CFR) AIDAR 706.302– Title XII institutions to the maximum
70(b)(4) provides authority for other practicable extent; this requirement
than full and open competition when shall be deemed satisfied when a con-
selecting Title XII institutions to per- tractor is selected under the proce-
form Title XII activities. dures of this section.
(b) Scope of subsection. This sub- (2) The evaluation panel shall:
section prescribes policies and proce- (i) Prepare evaluation and selection
dures for the selection of institutions criteria;
eligible under Title XII of the Foreign (ii) Prepare an initial source list of
Assistance Act of 1961, as amended, to eligible institutions considered quali-
perform activities authorized under fied to perform the proposed project;
Title XII, where USAID has deter- and
mined, in accordance with paragraph (iii) Evaluate the list, using the eval-
(c) of this subsection, that use of the uation criteria previously determined,
collaborative assistance contracting for the purpose of making a written de-
system is appropriate. See (48 CFR) termination of the sources considered
AIDAR appendix F (of this chapter)— most capable of performing the project.
Use of Collaborative Assistance Method (3) The chairman of the evaluation
for Title XII Activities for a more com- panel will prepare a memorandum re-
plete definition and discussion of the questing the contracting officer to pre-
collaborative assistance method. pare a request for expressions of inter-
(c) Determinations. The following find- est from qualified sources and setting
ings and determinations must be made forth:
prior to initiating any contract actions (i) The formal determinations re-
under the collaborative assistance quired by paragraph (c) of this section;
method: (ii) The evaluation criteria which
(1) The cognizant technical office have been determined; and
makes a preliminary finding that an (iii) The recommended source list
activity: and the rationale therefor.
(i) Is authorized by Title XII; and (4) The contracting officer will pre-
(ii) Should be classed as collaborative pare a request for an expression of in-
assistance because a continuing col- terest (REI), containing sufficient in-
laborative relationship between formation to permit an offeror to de-
USAID, the host country, and the con- termine its interest in the project, and
tractor is required from design through to discuss the project with USAID rep-
completion of the activity, and USAID, resentatives, if appropriate. The REI
host country, and contractor participa- should include a concise statement of

tion in a continuing review and evalua- the purpose of the activity, any special
22
conditions or qualifications considered Subpart 715.6—Unsolicited

important, a brief description of the se- Proposals
lection procedure and evaluation cri-
teria which will be used, the proposed 715.602 Policy.
contract format, and any other infor- (a) USAID encourages the submission
mation considered appropriate. The of unsolicited proposals which con-
REI will be issued to the sources rec- tribute new ideas consistent with and
ommended by the panel, and to others, contributing to the accomplishment of
as appropriate; it will be synopsized, as the Agency’s objectives. However, the
required by (48 CFR) FAR 5.201, and it requirements for contractor resources
will normally allow a minimum of 60 are normally quite program specific,
days for preparation of an expression of and thus widely varied, and must be re-
interest. Guidelines for preparation of sponsive to host country needs. Fur-
expressions of interest are contained in ther, USAID’s projects are usually de-
attachment 1 to (48 CFR) AIDAR ap- signed in collaboration with the co-
pendix F. operating country. These factors can
limit both the need for, and USAID’s
(5) The contracting officer will trans-
ability to use unsolicited proposals.
mit all expressions of interest to the Therefore, prospective offerors are en-
evaluation panel for evaluation and se- couraged to contact USAID to deter-
lection recommendation. The panel mine the Agency’s technical and geo-
may conduct on site evaluations at its graphical requirements as related to
discretion, as part of the evaluation the offeror’s interests before preparing
process. and submitting a formal unsolicited
(6) The chairman of the evaluation proposal.
panel will prepare a written selection (b) USAID’s basic policies and proce-
recommendation with supporting jus- dures regarding unsolicited proposals
tification, recommending that negotia- are those established in FAR subpart
tions be conducted with the prospec- 15.6 and this subpart.
tive contractor(s) selected by the eval- (c) For detailed information on unso-
uation panel. The selection rec- licited proposals including point of
ommendation shall be transmitted to contact information see (48 CFR)
the contracting officer together with AIDAR 715.604.
the complete official file on the project [49 FR 13240, Apr. 3, 1984. Redesignated and
which was being maintained by the amended at 64 FR 16648, 16649, Apr. 6, 1999; 64
evaluation panel. FR 25405, May 11, 1999; 79 FR 74993, Dec. 16,
2014]
(7) The contracting officer will re-
view the selection recommendation, 715.604 Agency points of contact.
obtain necessary cost and other data, (a) Information on USAID’s policies
and proceed to negotiate with the rec- for unsolicited proposals is available
ommended sources. from the U.S. Agency for International
[52 FR 6159, Mar. 2, 1987, as amended at 54 FR Development, Bureau for Management,
28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990; 62 Office of Acquisition and Assistance,
FR 40467, July 29, 1997; 62 FR 45334, Aug. 27, Evaluation Division (M/OAA/E), SA–44,
1997; 62 FR 47532, Sept. 9, 1997. Redesignated Room 858–E, 1300 Pennsylvania Ave.
at 64 FR 16648, Apr. 6, 1999, as amended at 79 NW., Washington, DC 20523 or by email
FR 74988, 74993, Dec. 16, 2014] to UnsolicitedProposals@usaid.gov. Ini-
tial inquiries and subsequent unsolic-
Subpart 715.70—Partner Vetting ited proposals must be submitted to
the address specified above.
715.70 Partner vetting. (b) The information available in-
cludes:
If an acquisition is identified as sub- (1) Contact points within USAID;
ject to vetting, see (48 CFR) AIDAR (2) Definitions;
704.70 for the applicable procedures and (3) Information source on USAID ob-
requirements. jectives and areas of potential interest;
[77 FR 8171, Feb. 14, 2012] (4) Characteristics of a suitable pro-

posal;
23
Pt. 716 48 CFR Ch. 7 (10–1–19 Edition)
(5) Determination of contractor re- solicitations and contracts when an

sponsibility; award-fee contract is contemplated.
(6) Organizational conflicts of inter-
[64 FR 5007, Feb. 2, 1999, as amended at 79 FR
est; 74993, Dec. 16, 2014]
(7) Cost sharing; and
(8) Procedures for submission and
evaluation of proposals; Subpart 716.5—Indefinite-Delivery
(9) Guidance on preferred methods for Contracts
submitting ideas/concepts to the Gov-
ernment; SOURCE: 77 FR 8171, Feb. 14, 2012, unless
(10) Instructions for identifying and otherwise noted.
marking proprietary information so
that it is projected and restrictive leg- 716.501–270 Partner vetting—indefi-
ends conform to (48 CFR) FAR 15.609. nite-delivery contracts.
If a task order or delivery order
[79 FR 74993, Dec. 16, 2014]
under an indefinite-delivery contract
has the potential to be subject to vet-
PART 716—TYPES OF CONTRACTS ting, then the contract itself will be
subject to the applicable procedures
Subpart 716.3—Cost Reimbursement and requirements for partner vetting in
Contracts (48 CFR) AIDAR 704.70.
Sec.
716.303 Cost-sharing contracts. 716.505–70 Partner vetting—orders
716.306 [Reserved] under indefinite delivery contracts.
716.406 Contract clauses. (a) The task order contracting officer
will specify in the request for task or
Subpart 716.5—Indefinite-Delivery delivery order proposals whether the
Contracts order is subject to vetting and when
716.501–270 Partner vetting—indefinite-de- awardees must submit the USAID
livery contracts. Partner Information Form.
716.505–70 Partner vetting—orders under in- (b) For orders under multiple award
definite delivery contracts. contracts, fair opportunity selection
716.506 Solicitation provision and contract procedures are conducted separately
clause.
from vetting. The contracting officer
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. for the order must follow the ordering
445 (22 U.S.C. 2381) as amended: E.O. 12163, procedures in the contract to select the
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., order awardee without knowledge of
p. 435.
vetting-related information, other than
that the contractor has passed or not
Subpart 716.3—Cost passed vetting.
Reimbursement Contracts (c) The contracting officer may only
place an order subject to vetting with
716.303 Cost-sharing contracts. an awardee that has passed vetting for
(a)–(b) [Reserved] that order.
(c) Limitations. In addition to the lim-
itations specified in (48 CFR) FAR 716.506 Solicitation provision and con-
16.301–3, prior approval of the M/OAA tract clause.
Director (see 701.601(a)(1)) is required in (a) As prescribed in 48 CFR
order to use a cost-sharing contract 704.7005(a), the contracting officer will
with an educational institution. insert the provision at 752.204–70 Part-
[54 FR 46390, Nov. 3, 1989, as amended at 64 ner Vetting Pre–Award Requirements,
FR 42042, Aug. 3, 1999; 72 FR 19670, Apr. 19, in solicitations for indefinite delivery
2007; 79 FR 74988, Dec. 16, 2014] contracts when USAID anticipates that
any orders placed under the contract
716.306 [Reserved] will be subject to vetting.
(b)(1) The contracting officer will in-
716.406 Contract clauses. sert the clause at 752.216–71 Partner
The contracting officer must insert Vetting, in those solicitations and con-
the clause at 752.216–70, Award Fee, in tracts for indefinite-delivery contracts
24
that USAID identifies as subject to Subpart 717.70—Pharmaceutical

vetting. Products
(2) The contracting officer will use
the clause with its Alternate I when 717.770 General.
USAID determines that subcontracts Section 606(c) of the Foreign Assist-
at any tier for certain classes of sup- ance Act bars procurement by the Gov-
plies or services are subject to vetting. ernment of drug and pharmaceutical
products manufactured outside the
PART 717—SPECIAL CONTRACTING United States if their manufacture in-
METHODS volves the use of or is covered by an
unexpired U.S. patent which has not
been held invalid by an unappealed or
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. unappealable court decision unless the
445, (22 U.S.C. 2381) as amended; E.O. 12163, manufacture is expressly authorized by
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., the patent owner. Applicable policies
p. 435. and procedures are set forth in USAID
Automated Directive System Chapter
312.
FR 39092, July 26, 1996. Redesignated at 79 FR
74993, Dec. 16, 2014]
25
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
PART 719—SMALL BUSINESS insofar as practicable and to the max-

PROGRAMS imum extent consistent with the ac-
complishment of the purposes of said
Subpart 719.2—Policies Act, assist U.S. small businesses to
participate equitably in the furnishing
Sec. of supplies and services for Foreign As-
719.270 Small business policies. sistance activities.
719.271 Agency program direction and oper- (b) It is the policy of USAID to:
ation. (1) Fully endorse and carry out the
719.271–1 General.
719.271–2 The USAID Office of Small and
Government’s small business program
Disadvantaged Business Utilization for placing a fair proportion of its pur-
(OSDBU). chases and contracts for supplies, con-
719.271–3 USAID contracting officers. struction (including maintenance and
719.271–4 Heads of contracting activities. repair), research and development, and
719.271–5 Contracting officer’s representa- services (including personal, profes-
tives. sional, and technical services) with
719.271–6 Small business screening proce- small business, including minority
dure.
719.271–7 Reports on procurement actions
small business concerns; and
that are exempted from screening. (2) Increase their participation in
719.272 [Reserved] USAID procurement.
(c) In furtherance of this policy:
Subpart 719.273—The U.S. Agency for (1) Contracting officer’s representa-
International Development (USAID) tives shall make positive efforts (see
Mentor-Protégé Program 719.271–5) to identify potentially quali-
fied small and minority business firms
719.273 The U.S. Agency for International
during precontract development of ac-
Development Mentor-Protégé Program.
719.273–1 Purpose. tivities and shall, with the responsible
719.273–2 Definitions. contracting officers, assure that such
719.273–3 Incentives for prime contractor firms are given full opportunity to par-
participation. ticipate equitably;
719.273–4 Eligibility of Mentor and Protégé (2) Small business set-asides shall be
firms. made for all contracts to be executed
719.273–5 Selection of Protégé firms. in USAID/Washington which qualify for
719.273–6 Application process.
small business set-aside action under
719.273–7 OSDBU review of application.
719.273–8 Developmental assistance. part 19 of the (48 CFR) FAR; and
719.273–9 Obligations under the Mentor- (3) Consideration shall be given in ap-
Protégé Program. propriate cases to the award of the con-
719.273–10 Internal controls. tract to the Small Business Adminis-
719.273–11 Solicitation provision and con- tration for subcontracting to small
tract clause. business firms pursuant to section 8(a)
of the Small Business Act (15 U.S.C.
Subpart 719–7—The Small Business 637(a)).
Subcontracting Program (d) This program shall be imple-
719.708 Contract clause. mented by all USAID/Washington con-
tracting activities in order to attain
AUTHORITY: 42 U.S.C. 7254, 40 U.S.C. 486(c),
42 U.S.C. 2201.
these policy objectives. In accordance
with 719.271, all USAID/Washington di-
SOURCE: 49 FR 13243, Apr. 3, 1984, unless rect-procurement requirements which
otherwise noted. exceed the simplified acquisition
threshold shall be screened for small
Subpart 719.2—Policies business opportunities by the Office of
Small and Disadvantaged Business Uti-
719.270 Small business policies. lization (OSDBU) except those exempt-
(a) In keeping with section 602 of the ed by 719.271–6(a).
Foreign Assistance Act of 1961 (22 (e) Where practicable and desirable,
U.S.C. 2352), as amended, USAID shall, small business and minority business
26
enterprise award goals will be estab- CFR) FAR subpart 19.1; in addition,
lished for the respective USAID/Wash- small business concerns are concerns
ington procuring activities to provide organized for profit. Nonprofit organi-
incentive for contracting personnel to zations are not considered small busi-
increase awards to small firms. The ness concerns. Small disadvantaged
goals will be set by OSDBU after con- business enterprises are defined in (48
sultation with the respective head of CFR) FAR subpart 19.1. Small dis-
the contracting activity (see 702–170). advantaged business enterprises are in-
(f) In the event of a disagreement be- cluded in the term ‘‘small business’’
tween OSDBU and the contracting offi- when used in this subpart; specific ref-
cer concerning: (1) A recommended set- erence to disadvantaged business enter-
aside, or (2) a request for modification prises is for added emphasis.
or withdrawal of a class or individual
set-aside, complete documentation of FR 74988, 74993, Dec. 16, 2014]
the case including the reasons for dis-
agreement shall be transmitted within 719.271–2 The USAID Office of Small
five working days to the head of the and Disadvantaged Business Utili-
contracting activity (see 719.271–6(e)) zation (OSDBU).
for a decision. Procurement action (a) OSDBU is responsible for admin-
shall be suspended pending a decision. istering, implementing, and coordi-
(g) The above suspension shall not nating the Agency’s small business (in-
apply where the contracting officer: cluding minority business enterprises)
(1) Certifies in writing, with sup- program.
porting information, that in order to
(b) OSDBU, headed by the Director,
protect the public interest award must
OSDBU, who also serves as the Minor-
be made without delay;
ity Business Procurement Manager,
(2) Promptly provides a copy of said
shall be specifically responsible for:
certification to OSDBU; and
(1) Developing policies, plans, and
(3) Includes a copy of the certifi-
procedures for a coordinated Agency-
cation in the contract file.
wide small business and minority busi-
(h) OSDBU shall be the Small Busi-
ness enterprise procurement program;
ness Advisor and Minority Business
Procurement Policy Manager for all (2) Advising and consulting regularly
USAID/Washington procuring activi- with USAID/Washington procuring ac-
ties. tivities on all phases of their small
(i) The details on the Agency’s direc- business program, including, where
tion and operation of the small busi- practicable and desirable, the estab-
ness program are set forth in 719.271. lishment of small business and minor-
(j) No decision rendered, or action ity business enterprise award goals;
taken, under the coverage set forth in (3) Collaborating with officials of the
719.271 shall preclude the Small Busi- Small Business Administration (SBA),
ness Administration from appealing di- other Government Agencies, and pri-
rectly to the USAID Administrator as vate organizations on matters affecting
provided for in part 19 of the FAR. the Agency’s small business program;
(4) [Reserved]
[49 FR 13243, Apr. 3, 1984, as amended at 52 (5) Cooperating with contracting offi-
FR 21058, June 4, 1987; 56 FR 67224, Dec. 30,
cers in administering the performance
1991; 61 FR 39092, July 26, 1996; 62 FR 40468,
July 29, 1997; 79 FR 74988, 74993, Dec. 16, 2014] of contractors subject to the Small
Business and Minority Business Enter-
719.271 Agency program direction and prises Subcontracting Program
operation. clauses;
(6) Developing a plan of operation de-
719.271–1 General. signed to increase the share of con-
The purpose of this section is to pre- tracts awarded to small business con-
scribe responsibilities and procedures cerns, including small minority busi-
for carrying out the small business pro- ness enterprises;
gram policy set forth in 219.270, and in (7) Establishing small business class
part 19 of the (48 CFR) FAR. Small set-aside for types and classes of items
business concerns are defined in (48 of services where appropriate;
27
719.271–3 48 CFR Ch. 7 (10–1–19 Edition)
(8) Reviewing each procurement req- resented for both negotiated and adver-
uisition to make certain individual or tised procurements.
class set-asides are initiated on all [49 FR 13243, Apr. 3, 1984, as amended at 52
suitable USAID/Washington proposed FR 21058, June 4, 1987; 61 FR 39092, July 26,
contract actions in excess of the sim- 1996; 62 FR 40468, July 29, 1997 ; 79 FR 74993,
plified acquisition threshold which are Dec. 16, 2014]
subject to screening (see 719.271–6);
(9) Maintaining a program designed 719.271–3 USAID contracting officers.
to: With respect to procurement activi-
(i) Locate capable small business ties within their jurisdiction, con-
sources for current and future procure- tracting officers are responsible for:
ments through GSA and other meth- (a) Being thoroughly familiar with
ods; part 19 of the (48 CFR) FAR and this
(ii) Utilize every source available to section dealing with the small business
determine if an item is obtainable from program;
small business; and (b) Screening abstracts of bids and
(iii) Develop adequate small business other award data to determine set-
competition on all appropriate pro- aside potential for future procure-
curements; ments;
(10) Taking action to assure that un- (c) Assuring that small business con-
necessary qualifications, restrictive cerns and minority business enter-
specifications, or other features (such prises are appropriately identified on
as inadequate procurement lead time) source lists and abstracts of bids or
of the programming or procurement proposals by an ‘‘S’’ and ‘‘M’’, respec-
process, which may prevent small busi- tively, or other appropriate symbol;
ness participation in the competitive (d) Reviewing types and classes of
process, are modified to permit such items and services to determine where
participation where an adequate prod- small business set-asides can be ap-
uct or service can be obtained; plied;
(e) Recommending that portions of
(11) Recommending that portions of
large planned procurements of suitable
large planned procurements or suitable
components of end items or services be
components of end items or services be
purchased separately so small firms
purchased separately so small firms
may compete;
may compete;
(f) Making a unilateral determina-
(12) On proposed non-competitive pro- tion for total or partial small business
curements, recommending to the con- set-asides in accordance with subpart
tracting officer that the procurement 19.5 of the Federal Acquisition Regula-
be made competitive when, in the opin- tions;
ion of OSDBU, there are small business (g) Submitting proposed procurement
or minority business enterprises be- actions for USAID/Washington con-
lieved competent to furnish the re- tracts to OSDBU for screening (see
quired goods or services, and supplying 719.271–6);
the contracting officer a list of such (h) Taking action to assure that un-
firms; necessary qualifications, restrictive
(13) Assisting small business concerns specifications or other features (such
with individual problems; as inadequate procurement lead time)
(14) Promoting increased awareness of the programming or procurement
by the technical staff of the avail- process which may prevent small busi-
ability of small business firms; ness participation in the competitive
(15) Making available to GSA copies process are modified to permit such
of solicitations when so requested; participation where an adequate prod-
(16) Counseling non-responsive or uct or service can be obtained;
non-responsible small business bidders/ (i) Prior to rendering a final decision
offerors to help them participate more on a proposed non-competitive procure-
effectively in future solicitations; and ment action, and as part of his/her
(17) Examining bidders lists to make findings and determinations, the con-
certain small business firms are appro- tracting officer shall consider the rec-
priately identified and adequately rep- ommendations, if any, of SDB together
28
with the latter’s list of additional (a) Consult with OSDBU on the avail-
sources; ability and capabilities of small busi-
(j) As appropriate, referring small ness firms to permit making a ten-
business concerns, including small mi- tative set-aside determination where
nority business enterprises, to OSDBU appropriate; and
for information and advice; (b) Provide sufficient procurement
(k) Promoting increased awareness lead time in the activity implementa-
by the technical staff of the avail- tion schedule to allow potential small
ability of small business concerns; business participation.
(l) Making available to OSDBU cop-
ies of solicitations when requested; [49 FR 13243, Apr. 3, 1984, as amended at 61
(m) Assisting OSDBU in counseling FR 39092, July 26, 1996; 79 FR 74988, 74993,
Dec. 16, 2014]
non-responsive or non-responsible
small business bidders/offerors to help 719.271–6 Small business screening
them to participate more effectively in procedure.
future solicitations; and
(n) Including the Small Business and (a) General. All USAID/Washington
Minority Business Enterprises Subcon- proposed contract actions in excess of
tracting Program clauses in all con- the simplified acquisition threshold
tracts where required by part 19 of the shall be screened by OSDBU, with the
(48 CFR) FAR. exception of:
(1) Class set-asides and those unilat-
[49 FR 13243, Apr. 3, 1984, as amended at 61 erally set-aside by contracting officers
FR 39092, July 26, 1996; 62 FR 40468, July 29,
1997; 79 FR 74993, Dec. 16, 2014]
(719.271–3(f));
(2) Those where the contracting offi-
719.271–4 Heads of contracting activi- cer certifies in writing that the public
ties. exigency will not permit the delay in-
In order for the Agency small busi- cident to screening (719.271–7(b));
ness program to be effective, the active (3) ‘‘Institution building’’ contracts
support of top management is required. (contracts for development of a coun-
The heads of the contracting activities terpart capability in the host country)
shall be responsible for: with educational or nonprofit institu-
(a) Rendering decisions in cases re- tions; or collaborative assistance con-
sulting from non-acceptances by their tracts pursuant to (48 CFR) AIDAR
contracting officers of set-aside rec- 715.370–2.
ommendations made by OSDBU; (4) Those involving the payment of
(b) Consulting with OSDBU in estab- tuition and fees for participant train-
lishing small business and minority ing at academic institutions; and
business enterprise award goals, where (5) Personal services contract re-
practicable and desirable; and quirements (see 719.270).
(c) Advising contracting officer’s rep- (b) Preparation of Form USAID 1410–14
resentatives of their responsibilities as (the Small Business/Minority Business
set forth in 719.271–5. Enterprise Procurement Review Form). (1)
[49 FR 13243, Apr. 3, 1984, as amended at 61 The contracting officer shall prepare
FR 39092, July 26, 1996; 79 FR 74988, 74993, the subject form in an original and 3
74994, Dec. 16, 2014] copies and forward the original and 2
copies to OSDBU within one working
719.271–5 Contracting officer’s rep- day of receipt by the contracting activ-
resentatives. ity of a procurement requisition.
Since the procurement process starts (2) The contracting officer will at-
with the establishment of a require- tach to his/her transmittal a complete
ment, the actions of the Contracting copy of the procurement request and a
officer’s representatives can affect the copy of the recommended source list as
opportunity of small business to par- furnished by the technical office and
ticipate equitably; therefore, each con- supplemented by him/her.
tracting officer’s representative shall, (3) The contracting officer shall com-
during the formulation of activities plete blocks 2, 3, 4, 5, 9, and 10 (when
which will require contractual imple- appropriate) prior to submittal to

mentation: OSDBU.
29
719.271–7 48 CFR Ch. 7 (10–1–19 Edition)
(c) Screening of Form USAID 1410–14 by return the original to OSDBU and the
OSDBU. (1) OSDBU will screen the con- duplicate to the contracting officer.
tracting officer’s recommendations on [49 FR 13243, Apr. 3, 1984, as amended at 52
set-aside potential, small business sub- FR 21058, June 4, 1987; 61 FR 39092, July 26,
contracting opportunities, and section 1996; 62 FR 40468, July 29, 1997; 64 FR 42042,
8(a) subcontracting, and furnish him/ Aug. 3, 1999; 79 FR 74988, 74993, Dec. 16, 2014]
her with either a written concurrence
in his/her recommendations or written 719.271–7 Reports on procurement ac-
counter-recommendations on the origi- tions that are exempted from
nal and duplicate copy within five screening.
working days from receipt of the form (a) Unilateral and class set-asides. The
from the contracting officer. contracting officer shall prepare Form
(2) OSDBU will complete Blocks 1, 6, USAID 1410–14 as stated in 719.271–6,
7, 8, 11, and 12 (when appropriate) prior but forward only the duplicate copy
to returning the screened form to the with the documentation required by
contracting officer. Block 5 of the form to OSDBU. The
(d) Concurrence or rejection procedure. original will be filed in the contract
(1) The contracting officer shall com- file.
plete Block 13 upon receipt of the origi- (1) If, upon review of the material
nal and duplicate copy of the screened submitted under 719.271–7(a) above,
form from OSDBU. OSDBU concludes that it would be
practicable to accomplish all or a por-
(2) If the contracting officer rejects
tion of the procurement involved under
the OSDBU counter-recommendation,
section 8(a) subcontracting, it shall so
he/she shall return the original and du-
advise the contracting officer in writ-
plicate forms with his/her written rea-
ing within five days after receipt of
sons for rejection to OSDBU within
such material.
two working days.
(2) Such advice shall be considered a
(3) Upon receipt of the contracting counter-recommendation and shall be
officer’s rejection, OSDBU may: (i) ac- processed in accordance with 719.271–6
cept, or (ii) appeal, the rejection. In the (d) and (e).
case of acceptance of the contracting (b) Public exigency exemption. The con-
officer’s rejection, OSDBU shall anno- tracting officer shall prepare Form
tate Block 14 when it renders a deci- USAID 1410–14 as stated in 719.271–6,
sion and return the original form to but forward only the duplicate copy
the contracting officer within two with the documentation required by
working days. Block 5 of the form to OSDBU. In addi-
(e) Appeal procedure. (1) When infor- tion to the documentation called for in
mal efforts fail to resolve the set-aside 719.271–6, the contracting officer shall
disagreement between the contracting furnish a copy of his/her written deter-
officer and OSDBU, the latter official mination exempting the procurement
may appeal the contracting officer’s from screening. The determination
decision to the head of the contracting shall cite the pertinent facts which led
activity. Such an appeal will be made to his/her decision. This exemption is
within five working days after receipt not intended to be used as substitute
of the contracting officer’s rejection. for good procurement planning and
(2) In the case of an appeal, OSDBU lead-time; OSDBU will report abuses of
will send the original and duplicate this exemption to the head of the con-
form, with the appeal noted in Block tracting activity for appropriate action
14, directly to the head of the con- in accordance with 719.271–4(c).
tracting activity with its written rea- (c) Institution building contract (IBC)
sons for appealing. The contracting of- exemption. The contracting officer shall
ficer will be notified of OSDBU’s appeal prepare Form USAID 1410–14 as stated
by means of a copy of the written rea- in 719.271–6, but forward only the dupli-
sons for appealing. cate copy with the documentation re-
(3) The head of the contracting activ- quired by Block 5 of the form to
ity shall render a decision on the ap- OSDBU.
peal (complete Block 15) within three (d) Personal services contract exemp-
working days after receipt of same and tion. Preparation of Form USAID 1410–
30
14 is not required for personal services terms are defined in 13 CFR part 124.
contracts. The determination of affiliation is a
[49 FR 13243, Apr. 3, 1984, as amended at 79 function of the SBA.
FR 74993, Dec. 16, 2014] (a) A ‘‘Mentor’’ is a prime contractor
that elects to promote and develop
719.272 [Reserved] small business subcontractors by pro-
viding developmental assistance de-
Subpart 719.273—The U.S. Agency signed to enhance the business success
for International Development of the Protégé.
(USAID) Mentor-Protégé Pro- (b) ‘‘Program’’ refers to the USAID
gram Mentor-Protégé Program as described
in this Chapter.
SOURCE: 72 FR 32543, June 13, 2007, unless (c) ‘‘Protégé’’ means a small busi-
otherwise noted. ness, small disadvantaged business,
women-owned small business,
719.273 The U.S. Agency for Inter- HUBZone small business, veteran-
national Development (USAID)
Mentor-Protégé Program. owned small business or service-dis-
abled veteran owned small business
719.273–1 Purpose. that is the recipient of developmental
The USAID Mentor-Protégé Program assistance pursuant to a Mentor-
is designed to assist small business, in- Protégé Agreement.
cluding veteran-owned small business,
719.273–3 Incentives for prime con-
service-disabled veteran-owned small
tractor participation.
business, HUBZone, small socially and
economically disadvantaged business, (a) Under the Small Business Act, 15
and women-owned small business in en- U.S.C. 637(d)(4)(E), USAID is authorized
hancing their capabilities to perform to provide appropriate incentives to en-
contracts and sub-contracts for USAID courage subcontracting opportunities
and other Federal agencies. The Men- for small business consistent with the
tor-Protégé Program is also designed efficient and economical performance
to improve the performance of USAID of the contract. This authority is lim-
contractors and subcontractors by pro- ited to negotiated procurements. (48
viding developmental assistance to CFR) FAR 19.202–1 provides additional
Protégé entities, fostering the estab- guidance.
lishment of long-term business rela- (b) Costs incurred by a Mentor to
tionships between small business and
provide developmental assistance, as
prime contractors, and increasing the
described in 719.273–8 to fulfill the
overall number of small business that
terms of their agreement(s) with a
receive USAID contract and sub-
contract awards. A firm’s status as a Protégé firm(s), are not reimbursable
Protégé under a USAID contract shall as a direct cost under a USAID con-
not have an effect on the firm’s eligi- tract. If USAID is the mentor’s respon-
bility to seek other prime contracts or sible audit agency under (48 CFR) FAR
subcontracts. 42.703–1, USAID will consider these
costs in determining indirect cost
719.273–2 Definitions. rates. If USAID is not the responsible
Throughout, the term ‘‘small busi- audit agency, mentors are encouraged
ness’’ includes all categories of small to enter into an advance agreement
firms as defined by the Small Business with their responsible audit agency on
Administration (SBA) on whose behalf the treatment of such costs when de-
the Office of Small and Disadvantaged termining indirect cost rates.
Business Utilization (OSDBU) is char- (c) In addition to subparagraph (b)
tered to advocate, including small above, contracting officers may give
business, small disadvantaged business, Mentors evaluation credit under (48
women-owned small business, veteran- CFR) FAR 15.101–1 considerations for
owned and service-disabled veteran- subcontracts awarded pursuant to their
owned small business and small busi- Mentor-Protégé Agreements and their
ness located in HUBZones, as those subcontracting plans. Therefore:
31
719.273–4 48 CFR Ch. 7 (10–1–19 Edition)
(1) Contracting officers may evaluate (a) Eligibility. A Mentor:

subcontracting plans containing Men- (1) May be either a large or small
tor-Protégé arrangements more favor- business entity;
ably than subcontracting plans with- (2) Must be eligible for award of Gov-
out Mentor-Protégé Agreements. ernment contracts;
(2) Contracting officers may assess (3) Must be able to provide develop-
the prime contractor’s compliance with mental assistance that will enhance
the subcontracting plans submitted in the ability of Protégés to perform as
previous contracts as a factor in evalu- prime contractors or subcontractors;
ating past performance under (48 CFR) and
FAR 15.305(a)(2)(v) and determining (4) Will be encouraged to enter into
contractor responsibility (48 CFR) arrangements with entities with which
19.705–5(a)(1). it has established business relation-
(d) OSDBU Mentoring Award. A non- ships.
monetary award will be presented an- (b) Eligibility. A Protégé:
nually to the Mentoring firm providing
(1) Must be a small business, veteran-
the most effective developmental sup-
owned small business, service-disabled
port of a Protégé. The Mentor-Protégé
veteran-owned small business,
Program Manager will recommend an
HUBZone, small socially and economi-
award winner to the Director of the Of-
cally disadvantaged business, and
fice of Small and Disadvantaged Busi-
women-owned small business);
ness Utilization (OSDBU).
(e) OSDBU Mentor-Protégé Annual (2) Must meet the size standard cor-
Conference. At the conclusion of each responding to the NAICS code that the
year in the Mentor-Protégé Program, Mentor prime contractor believes best
Mentor firms will be invited to brief describes the product or service being
contracting officers, program leaders, acquired by the subcontract; and
office directors and other guests on (3) Eligible for award of Government
Program progress. contracts.
(c) Protégés may have multiple Men-
[49 FR 13243, Apr. 3, 1984, as amended at 79 tors. Protégés participating in Mentor-
FR 74988, Dec. 16, 2014] Protégé programs in addition to
719.273–4 Eligibility of Mentor and USAID’s Program should maintain a
Protégé firms. system for preparing separate reports
of Mentoring activity so that results of
Eligible business entities approved as the USAID Program can be reported
Mentors may enter into agreements separately from any other agency pro-
(hereafter referred to as ‘‘Mentor- gram.
Protégé Agreement’’ or ‘‘Agreement’’ (d) A Protégé firm shall self-certify
and explained in section 719.273–6) with to a Mentor firm that it meets the re-
eligible Protégés. Mentors provide ap- quirements set forth in paragraph (b)
propriate developmental assistance to of this section and possess related cer-
enhance the capabilities of Protégés to tifications granted by the Small Busi-
perform as contractors and/or sub- ness Administration (e.g., HUBZone,
contractors. Eligible small business en- 8(a), etc.). Mentors may rely in good
tities capable of providing develop- faith on written representations by po-
mental assistance may be approved as tential Protégés that they meet the
Mentors. Protégés may participate in specified eligibility requirements.
the Program in pursuit of a prime con- HUBZone and small disadvantaged
tract or as subcontractors under the business status eligibility and docu-
Mentor’s prime contract with the mentation requirements are deter-
USAID, but are not required to be a mined according to 13 CFR part 124.
subcontractor to a USAID prime con-
tractor or be a USAID prime con- [49 FR 13243, Apr. 3, 1984, as amended at 79
tractor. Notwithstanding eligibility re- FR 74988, Dec. 16, 2014]
quirements in this section, USAID re-
serves the right to limit the number of 719.273–5 Selection of Protégé firms.
participants in the Program in order to (a) Mentor firms will be solely re-
insure its effective management of the sponsible for selecting Protégé firms.
Mentor-Protégé Program. Mentors are encouraged to select from
32
a broad base of small business includ- (d) Duration of the Agreement, in-
ing small disadvantaged business, cluding rights and responsibilities of
women-owned small business, veteran- both parties (Mentor and Protégé);
owned small business, service-disabled (e) Termination procedures, includ-
veteran-owned small business, and ing procedures for the parties’ vol-
HUBZone firms whose core com- untary withdrawal from the Program.
petencies support USAID’s mission. The Agreement shall require the Men-
(b) Mentors may have multiple tor or the Protégé to notify the other
Protégés. However, to preserve the in- firm in writing at least 30 days in ad-
tegrity of the Program and assure the vance of its intent to voluntarily ter-
quality of developmental assistance minate the Agreement;
provided to Protégés, USAID reserves (f) Procedures requiring the parties
the right to limit the total number of to notify OSDBU immediately upon re-
Protégés participating under each Men- ceipt of termination notice from the
tor firm for the Mentor-Protégé Pro- other party;
gram. (g) A plan for accomplishing the
(c) The selection of Protégé firms by work or product contracted for should
Mentor firms may not be protested, ex- the Agreement be terminated; and
cept that any protest regarding the (h) Other terms and conditions, as
size or eligibility status of an entity appropriate.
selected by a Mentor shall be handled
in accordance with the Federal Acqui- 719.273–7 OSDBU review of applica-
sition Regulation (FAR) and the Small tion.
Business Administration regulations. (a) OSDBU will review the informa-
tion to establish the Mentor and
719.273–6 Application process. Protégé eligibility and to ensure that
Entities interested in becoming a the information that is in section
Mentor firm must apply in writing to 719.273–6 is included. If the application
the USAID Office of Small and Dis- relates to a specific contract, then
advantaged Business Utilization OSDBU will consult with the respon-
(OSDBU) by submitting form AID 321– sible contracting officer on the ade-
1 (OMB Control number 0412–0574 ap- quacy of the proposed Agreement, as
proved on 5/22/2007). The application appropriate. OSDBU will complete its
shall contain the Mentor-Protégé review no later than 30 calendar days
Agreement and shall be evaluated for after receipt of the application or after
approval. Evaluations will consider the consultation with the contracting offi-
nature and extent of technical and cer, whichever is later. Application for
managerial support as well as any pro- and enrollment into the Program are
posed financial assistance in the form free and open to the public.
of equity investment, loans, joint-ven- (b) After OSDBU completes its review
ture, and traditional subcontracting and provides written approval, the
support. The Mentor-Protégé Agree- Mentor may execute the Agreement
ment must contain: and implement the developmental as-
(a) Names, addresses, phone numbers, sistance as provided under the Agree-
and e-mail addresses (if available) of ment. OSDBU will provide a copy of
Mentor and Protégé firm(s) and a point the Mentor-Protégé Agreement to the
of contact for both Mentor and USAID contracting officer for any
Protégé; USAID contracts affected by the
(b) A description of the develop- Agreement.
mental assistance that will be provided (c) The Agreement defines the rela-
by the Mentor to the Protégé, includ- tionship between the Mentor and
ing a description of the work or prod- Protégé firms only. The Agreement
uct contracted for (if any), a schedule itself does not create any privity of
for providing assistance, and criteria contract or contractual relationship
for evaluation of the Protégé’s develop- between the Mentor and USAID nor the
mental success; Protégé and USAID.
(c) A listing of the number and types (d) If the application is disapproved,
of subcontracts to be awarded to the the Mentor may provide additional in-

Protégé; formation for reconsideration. OSDBU
33
719.273–8 48 CFR Ch. 7 (10–1–19 Edition)
will complete review of any supple- (4) The extent to which the Mentor’s
mental material no later than 30 days participation in the Mentor-Protégé
after its receipt. Upon finding defi- Program impacted the Protégé’(s) abil-
ciencies that USAID considers correct- ity to receive contract(s) and sub-
able, OSDBU will notify the Mentor contract(s) from private firms and Fed-
and Protégé and request correction of eral agencies other than USAID; and, if
deficiencies to be provided within 15 deemed necessary;
days. (5) Input from the Protégé on the na-
ture of the developmental assistance
719.273–8 Developmental assistance. provided by the Mentor.
The forms of developmental assist- (c) OSDBU will submit annual re-
ance a Mentor can provide to a Protégé ports to the relevant contracting offi-
include and are not limited to the fol- cer regarding participating prime con-
lowing: tractor(s)’ performance in the Pro-
(a) Guidance relating to— gram.
(1) Financial management; (d) Mentor and Protégé firms shall
(2) Organizational management; submit an evaluation to OSDBU at the
(3) Overall business management/ conclusion of the mutually agreed upon
planning; Program period, the conclusion of the
(4) Business development; and contract, or the voluntary withdrawal
(5) Technical assistance. by either party from the Program,
(b) Loans; whichever comes first.
(c) Rent-free use of facilities and/or
equipment; 719.273–10 Internal controls.
(d) Property; (a) OSDBU will oversee the Program
(e) Temporary assignment of per- and will work in concert with the Men-
sonnel to a Protégé for training; and tor-Protégé Program Manager and rel-
(f) Any other types of permissible, evant contracting officers to achieve
mutually beneficial assistance. Program objectives. OSDBU will estab-
lish internal controls as checks and
719.273–9 Obligations under the Men- balances applicable to the Program.
tor-Protégé Program. These controls will include:
(a) A Mentor or Protégé may volun- (1) Reviewing and evaluating Mentor
tarily withdraw from the Program. applications for validity of the pro-
However, in no event shall such with- vided information;
drawal impact the contractual require- (2) Reviewing annual progress reports
ments under any prime contract. submitted by Mentors and Protégés on
(b) Mentor and Protégé entities shall Protégé development to measure
submit to the USAID Office of Small Protégé progress against the plan sub-
and Disadvantaged Business Utiliza- mitted in the approved Agreement;
tion (OSDBU) annual reports on (3) Reviewing and evaluating finan-
progress under the Mentor-Protégé cial reports and invoices submitted by
Agreement. USAID will evaluate an- the Mentor to verify that USAID is not
nual reports by considering the fol- charged by the Mentor for providing
lowing: developmental assistance to the
(1) Specific actions taken by the Protégé; and
Mentor during the evaluation period to (4) Limiting the number of partici-
increase the participation of their pants in the Mentor-Protégé Program
Protégé(s) as suppliers to the Federal within a reporting period, in order to
Government and to commercial enti- insure the effective management of the
ties; Program.
(2) Specific actions taken by the (b) USAID may rescind approval of
Mentor during the evaluation period to an existing Mentor-Protégé Agreement
develop technical and administrative if it determines that such action is in
expertise of a Protégé as defined in the USAID’s best interest. The rescission
Agreement; shall be in writing and sent to the Men-
(3) The extent to which the Protégé tor and Protégé after approval by the
has met the developmental objectives Director of OSDBU. Rescission of an

in the Agreement; Agreement does not change the terms
34
of any subcontract between the Mentor Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
and the Protégé. p. 435.
SOURCE: 49 FR 13246, Apr. 3, 1984, unless
719.273–11 Solicitation provision and otherwise noted.
contract clause.
(a) The contracting officer shall in- Subpart 722.1—Basic Labor
sert the provision at (48 CFR) AIDAR Policies
752.219–70 in all unrestricted solicita-
tions exceeding $550,000 ($1,000,000 for 722.103 Overtime.
construction) that offer subcontracting
opportunities. 722.103–1 Definitions.
(b) The contracting officer shall in- Compensatory time off means leave
sert the clause at (48 CFR) AIDAR equal to overtime worked, which, un-
752.219–71 in all contracts where the less otherwise authorized in a contract
prime contractor has signed a Mentor- or approved by a contracting officer,
Protégé Agreement with USAID. must be taken not later than the end of
[72 FR 32543, June 13, 2007, as amended at 79 the calendar month following that in
FR 74988, Dec. 16, 2014] which the overtime is worked.
722.103–2 Policy.
Subpart 719–7—The Small Business
Subcontracting Program (a) Most contracts covered by this
regulation call for the performance of
719.708 Contract clause. professional or technical services over-
The Foreign Assistance Act calls for seas on a cost-reimbursement basis.
USAID to give U.S. Small Businesses The compensation for employees per-
an opportunity to provide supplies and forming such services is normally fixed
services for foreign assistance projects. on a monthly or annual basis, and the
To help USAID meet this obligation, contracts usually state minimum work
the contracting officer must insert the week hours. It is not expected that
clause at (48 CFR) AIDAR 752.219–8 in these employees will receive additional
pay, overtime or shift premiums, or
all solicitations and contracts that
compensatory time off.
contain the (48 CFR) FAR clause at
(b) When the contracting officer de-
52.219–8, Utilization of Small Business
termines it is in the best interests of
Concerns.
the Government, specific provision
[79 FR 74994, Dec. 16, 2014] may be made in contracts to permit
such benefits for non-technical and
PART 722—APPLICATION OF non-professional employees serving
LABOR LAWS TO GOVERNMENT overseas, subject to approvals to be re-
ACQUISITION quired in the contract.
[49 FR 13246, Apr. 3, 1984. Redesignated at 61
Subpart 722.1—Basic Labor Policies FR 39092, July 26, 1996]
Sec. 722.103–3 [Reserved]

722.103 Overtime.
722.103–1 Definitions. 722.103–4 Approvals.
722.103–2 Policy.
722.103–3 [Reserved] The contracting officer may make
722.103–4 Approvals. the determinations referred to in (48
722.170 Employment of third country na- CFR) FAR 22.103–4.
tionals (TCN’s) and cooperating country
nationals (CCN’s). [49 FR 13246, Apr. 3, 1984. Redesignated at 61
FR 39092, July 26, 1996; 79 FR 74988, Dec. 16,
Subpart 722.8—Equal Employment 2014]
Opportuntity 722.170 Employment of third country
722.805–70 Procedures. nationals (TCN’s) and cooperating
722.810 Solicitation provisions and contract country nationals (CCN’s).
clauses. (a) General. It is USAID policy that
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. cooperating country nationals (CCNs)
445, (22 U.S.C. 2381) as amended; E.O. 12163, and third country nationals (TCNs),
35
722.805–70 48 CFR Ch. 7 (10–1–19 Edition)
who are hired abroad for work in a co- (f) Workweek, holidays, and leave. The
operating country under USAID-direct workweek, holidays, and leave for TCN
contracts, generally be extended the and CCN employees shall be the same
same benefits, and be subject to the as for all other employees of the con-
same restrictions as TCNs and CCNs tractor, under the terms of the con-
employed by the USAID Mission. Ex- tract; however, TCN and CCN employ-
ceptions to this policy may be granted ees are not eligible for home leave or
either by the Mission Director or the military leave unless authorized by the
Assistant Administrator having pro- Mission Director or the Assistant Ad-
gram responsibility for the project. ministrator having program responsi-
(TCN’s and CCN’s who are hired to bility for the project.
work in the United States shall be ex- (g) Travel and transportation for TCN’s
tended benefits and subject to restric- and CCN’s. Travel and transportation
tions on the same basis as U.S. citizens shall be provided TCN and CCN em-
who work in the United States.) ployees on the same basis as for all
(b) Compensation. Compensation, in- other employees of the contractor,
cluding merit or promotion increases under the terms of the contract.
paid to TCN’s and CCN’s may not, (h) Household effects and motor vehi-
without the approval of the Mission Di-
cles. USAID will not provide household
rector or the Assistant Administrator
effects to TCN and CCN employees;
having program responsibility for the
such employees may ship their house-
project, exceed the prevailing com-
hold effects and motor vehicles to their
pensation paid to personnel performing
place of employment on the same basis
comparable work in the cooperating
as for all other employees of the con-
country as determined by the USAID
Mission. Unless otherwise authorized tractor, under the terms of the con-
by the Mission Director or the Assist- tract unless they are residents of the
ant Administrator having program re- cooperating country.
sponsibility for the project, the com- [49 FR 13246, Apr. 3, 1984, as amended at 79
pensation of such TCN and CCN em- FR 74994, Dec. 16, 2014]
ployees shall be paid in the currency of
the cooperating country. Subpart 722.8—Equal Employment
(c) Allowances and differentials. TCN’s Opportunity
and CCN’s, hired abroad for work in a
cooperating country, are not eligible 722.805–70 Procedures.
for allowances or differentials under
USAID-direct contracts, unless author- (a) The procedures in this section
ized by the Mission Director or the As- apply, as appropriate, for all contracts
sistant Administrator having program excluding construction, which shall be
responsibility for the project. handled in accordance with (48 CFR)
(d) Country and security clearances. FAR 22.804–1. Contracting officers are
The contractor shall insure that the responsible for ensuring that the re-
necessary clearances, including secu- quirements of (48 CFR) FAR 22.8 and
rity clearances, if required, have been related clauses are met before award-
obtained for TCN and CCN employees ing any contracts or consenting to sub-
in accordance with any such require- contracts subject to these require-
ments set forth in the contract or re- ments.
quired by the USAID Mission, prior to (b) Representations and certifications.
the TCN or CCN starting work under The first step in ensuring compliance
the contract. with these requirements is to obtain
(e) Physical fitness. Contractors are all necessary representations and cer-
required to insure that prospective tifications (Reps and Certs) as required
TCN and CCN employees are examined by (48 CFR) FAR 22.810 and FAR 4.1202.
prior to employment to determine When applicable, the contracting offi-
whether the prospective employee cer must review the Reps and Certs to
meets the minimum physical require- determine whether they have been
ments of the position and is free from completed and signed as required, and
any contagious disease. are acceptable.
36
(c) OFCCP’s National Preaward Reg- (d) In the event that OFCCP reports
istry. If the Reps and Certs are com- that the offeror is not in compliance,
plete, signed, and deemed acceptable, negotiations with the offeror shall be
and the contracting officer has no rea- terminated.
son to doubt their accuracy, the con- (e) Documentation for the contract file.
tracting officer must then consult the Every contract file must contain com-
OFCCP’s National Preaward Registry pleted and signed Reps and Certs. The
at the internet website in 48 CFR file must clearly show that these docu-
22.805(a)(4) (i) to see if the offeror is ments have been reviewed and accepted
listed. by the contracting officer. If the Reps
(1) If the conditions stated in (48 and Certs were revised to make them
CFR) FAR 22.805(a) (4) are met (includ- acceptable (see paragraph (b) of this
ing the contract file documentation re- section), the file must also document
quirement in paragraph (a)(4)(iii)), what changes were required and why,
then the contracting officer does not and verify that the changes were made.
need to take any further action in
The contracting officer shall also docu-
verifying the offeror’s compliance with
ment the OFCCP National Preaward
the requirements of this subpart and
Registry review (see paragraph (c)(1) of
(48 CFR) FAR 22.8.
this section), and, if the Registry does
(2) If the offeror does not appear in
not include the offeror:
the National Preaward Registry, and
the estimated amount of the contract (1) For contracts or modifications
or subcontract is expected to be under over $10,000 but less than $10 million,
$10 million then the contracting officer the file must contain a statement from
may rely on the Reps and Certs as suf- the contracting officer that the con-
ficient verification of the offeror’s tractor is considered in compliance
compliance. with EEO requirements, and giving the
(3) If the offeror does not appear in basis for this statement (see paragraph
the National Preaward Registry and (c)(2) of this section). This statement
the estimated amount of the contract may be in a separate memorandum to
or subcontract is $10 million or more, the file or in the memorandum of nego-
then the contracting officer must re- tiation.
quest a preaward clearance from the (2) For contracts or modifications of
appropriate OFCCP regional office, in $10 million or more, the file must docu-
accordance with 48 CFR 22.805(a). If the ment all communications with OFCCP
initial contact with OFCCP is by tele- regarding the offeror’s compliance.
phone, the contracting officer and Such documentation includes copies of
OFCCP are to mutually determine any written correspondence and a
what information is to be included in record of telephone conversations,
the written verification request. The specifying the name, address, and tele-
contracting officer may need to pro- phone number of the person contacted,
vide the following information in addi- a summary of the information pre-
tion to the items listed in (48 CFR) sented, and any advice given by
FAR 22.805(a)(5), if so requested by the OFCCP.
OFCCP regional office:
(f) Documentation in the event of non-
(i) Name, title, address, and tele-
compliance. In the event OFCCP deter-
phone number of a contract person for
mines that a prospective contractor is
the prospective contractor;
not in compliance, a copy of OFCCP’s
(ii) A description of the type of orga-
written determination, and a summary
nization (university, nonprofit, etc.)
and its ownership (private, foreign, of resultant action taken (termination
state, etc.). of negotiations, notification of offeror
(iii) Names and addresses of the orga- and contracting officer’s representa-
nizations in a joint venture (if any). tive, negotiation with next offeror in
(iv) Type of procurement (new con- competitive range, resolicitation, etc.)
tract—RFP or IFB, amendment, etc.) will be placed in the contract file for
and the period of the contract. any contract which may result, to-
(v) Copy of approved Reps and Certs. gether with other records related to
37
722.810 48 CFR Ch. 7 (10–1–19 Edition)
unsuccessful offers, and retained for at 725.704 Geographic source waivers.

least six months following award. AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
[64 FR 5007, Feb. 2, 1999; 64 FR 18481, Apr. 14, 445, (22 U.S.C. 2381) as amended; E.O. 12163,
1999, as amended at 79 FR 74988, 74994, Dec. Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
16, 2014] p. 435.
722.810 Solicitation provisions and SOURCE: 49 FR 13248, Apr. 3, 1984, unless

contract clauses. otherwise noted.
(a) The contracting officer must in-

sert the clause at 752.222–70, USAID Subpart 725.1—Buy American
Disability Policy in section I of all so- Act—Supplies
licitations and resulting contracts.
(b) The contracting officer must in- 725.170 Exceptions for Foreign Assist-
sert the clause at 752.222–71, Non- ance Act functions.
discrimination in section I of all solici- In addition to the exception stated in
tations and resulting contracts (48 CFR) FAR 25.102 for purchases for
[81 FR 48716, July 26, 2016] use outside the United States, there is
an exception for economic assistance
PART 724—PROTECTION OF PRI- functions performed under authority of
VACY AND FREEDOM OF INFOR- the Foreign Assistance Act. This ex-
MATION ception is stated in Executive Order
11223, dated May 12, 1965 (30 FR 6635).
U.S. procurement restrictions are ap-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. plied by USAID, however, as shown
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
elsewhere in this part. These restric-
p. 435. tions are generally tighter than the
Buy American Act. As a general rule,
SOURCE: 49 FR 13248, Apr. 3, 1984, unless
otherwise noted. the tighter USAID restrictions will be
used. In the case of certain procure-
ments for use within the United States,
Subpart 724.2—Freedom of
the Buy American provision may be
Information Act used instead in the interest of uni-
724.202 Policy. formity among Federal Agencies pro-
curing for domestic use.
The U.S. Agency for International
Development’s policies concerning im- [49 FR 13248, Apr. 3, 1984, as amended at 79
plementation of the Freedom of Infor- FR 74988, Dec. 16, 2014]
mation Act are codified in 22 CFR part
212 (USAID Regulation 12). Subpart 725.4—Trade Agreements
PART 725—FOREIGN ACQUISITION 725.403 Exceptions.
(48 CFR) FAR 25.4 establishes proce-
Subpart 725.1—Buy American Act—
dures for purchases under the Trade
Supplies
Agreements Act of 1979 (including
Sec. GATT’s Agreement on Government
725.170 Exceptions for Foreign Assistance Procurement) and the North American
Act functions. Free Trade Agreement (NAFTA). Under
Subpart 725.4—Trade Agreements both such agreements, USAID’s con-
tracts for the purpose of providing for-
725.403 Exceptions. eign assistance are not subject to the
procedures set forth in (48 CFR) FAR
Subpart 725.70—Source, Origin, and
25.4. In contrast, USAID’s operating ex-
Nationality
pense-type administrative purchases
725.701 General. (i.e., purchases for the direct benefit
725.702 Designation of authorized geo- and use of USAID) are subject to the
graphic code.
725.703 Source, origin and nationality re-
procedures in (48 CFR) FAR 25.4, unless
quirements—Contract clause.
38
otherwise exempted by one of the ex- tract as required in 725.702. In addition,

emptions specified in (48 CFR) FAR the contracting officer must place a
25.4. copy of the approved geographic code
waiver in the official contract file.
[61 FR 39093, July 26, 1996, as amended at 79
FR 74988, Dec. 16, 2014]
PART 726—OTHER
Subpart 725.70—Source and SOCIOECONOMIC PROGRAMS
Nationality
Subpart 726.70 [Reserved]
SOURCE: 79 FR 74994, Dec. 16, 2014, unless Subpart 726.71—Relocation of U.S. Busi-
otherwise noted. nesses, Assistance to Export Proc-
essing Zones, Internationally Recog-
725.701 General.
nized Workers’ Rights
USAID’s source and nationality re-
quirements for program-funded con- Sec.
tracts and subcontracts are set forth in 726.7101 Policy.
726.7102 PD 20 provision.
22 CFR part 228, Rules on Procurement
of Commodities and Services Financed AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
by USAID. 22 CFR part 228 is supple- 445, (22 U.S.C. 2381) as amended; E.O.12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
mented by the policies and procedures
p. 435.
in ADS Chapters 310 and 312.
SOURCE: 55 FR 8470, Mar. 8, 1990, unless oth-
725.702 Designation of authorized geo- erwise noted.
graphic code.
(a) Unless another geographic code is Subpart 726.70 [Reserved]
specified in the Schedule of the con-
tract, in accordance with 22 CFR part Subpart 726.71—Relocation of U.S.
228, the authorized code for all Agency Businesses, Assistance to Ex-
contracts is Geographic Code 937, port Processing Zones, Inter-
which is the U.S., the cooperating/re- nationally Recognized Work-
cipient country, and developing coun-
tries other than advanced developing
ers’ Rights
countries, and excluding prohibited 726.7101 Policy.
sources.
(b) The list of developing countries is USAID Policy Determination (PD) 20,
available in ADS Chapter 310. ‘‘Guidelines to Assure USAID Pro-
grams do not Result in the Loss of Jobs
725.703 Source and Nationality re- in the U.S.’’ implemented statutory
quirements—Contract clause. prohibitions on expenditure of appro-
Insert the clause at 752.225–70, Source priated funds. The PD contains a
and Nationality Requirements in all standard provision for inclusion in
USAID program-funded solicitations USAID-funded grants and inter-agency
and contracts for goods or services, un- agreements and indicates that when
less source and nationality require- the PD applies to a contract, appro-
ments do not apply as set forth at 22 priate provisions covering the subject
CFR 228.02. matter are to be included. When the
provisions of PD 20 do apply to a con-
725.704 Geographic Code waivers. tract, the cognizant technical office
shall provide to the contracting officer
(a) Authority to approve waivers of
appropriate language tailored to the
source, nationality, and transportation
specific circumstances for the contract
services requirements, pursuant to 22
statement of work, or if applicable to
CFR part 228, subpart D, is set forth in
the circumstances, the provision in-
ADS Chapters 103 and 310.
cluded in the PD (see 726.7102) may be
(b) If a Geographic Code other than
used as a clause in the contract. The
Code 937 is authorized by a waiver, the
provision is not required in sub-
contracting officer must insert the au-
contracts.
thorized geographic code approved in
the waiver, in the Schedule of the con- [61 FR 39093, July 26, 1996]
39
726.7102 48 CFR Ch. 7 (10–1–19 Edition)
726.7102 PD 20 provision. No funds or other support provided here-

under may be used in an activity the purpose
RELOCATION OF U.S. BUSINESSES, ASSISTANCE of which is the establishment or develop-
TO EXPORT PROCESSING ZONES, INTER- ment in a foreign country of any export
NATIONALLY RECOGNIZED WORKERS’ RIGHTS processing zone or designated area where the
(JAN 1994) labor, environmental, tax, tariff, and safety
laws of the country would not apply, without
No funds or other support provided here-
the prior approval of USAID.
under may be used in an activity reasonably
No funds or other support provided here-
likely to involve the relocation or expansion
under may be used in an activity which con-
outside of the United States of an enterprise
tributes to the violation of internationally
located in the United States if non-U.S. pro-
recognized rights of workers in the recipient
duction in such relocation or expansion re-
country, including those in any designated
places some or all of the production of, and
zone or area in that country.
reduces the number of employees at, said en-
terprise in the United States. [61 FR 39093, July 26, 1996]
40
SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS
PART 727—PATENTS, DATA, AND 727.409 Solicitation provisions and

COPYRIGHTS contract clauses.
(a) When the contracting officer in-
Subpart 727.3—Patent Rights under serts (48 CFR) FAR 52.227–14, and if the
Government Contracts release or publication of data first pro-
duced in the performance of the con-
Sec. tract may be sensitive to U.S. Govern-
727.303 Contract clause. ment relations with the cooperating
country, the contracting officer must
Subpart 727.4—Rights in Data and use the clause at (48 CFR) AIDAR
Copyrights 752.227–14.
727.404 Basic rights in data clause.
(b) through (m) [Reserved]
727.409 Solicitation provisions and contract
(n) The prescriptions for provisions
clauses. and clauses in (48 CFR) FAR 27.409
apply to all USAID contracts regard-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. less of place of performance.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., [72 FR 53163, Sept. 18, 2007, as amended at 79
p. 435. FR 74988, 74995, Dec. 16, 2014]
SOURCE: 72 FR 53163, Sept. 18, 2007, unless

otherwise noted.
PART 728—BONDS AND
INSURANCE
Subpart 727.3—Patent Rights Subpart 728.1—Bonds
under Government Contracts
Sec.
727.303 Contract clause. 728.105–1 Advance payment bonds.
Contracting officers must insert the Subpart 728.3—Insurance

clause at 752.227–70, Patent Reporting
728.305–70 Overseas worker’s compensation
Procedures, in all solicitations and and war-hazard insurance—waivers and
contracts that contain the clause at (48 USAID insurance coverage.
CFR) FAR 52.227–11, Patent Rights— 728.307–2 Liability.
Ownership by the Contractor. 728.307–70 Medical Evacuation (MEDEVAC)
Services (MAR 1993).
[79 FR 74994, Dec. 16, 2014] 728.309 Contract clause for worker’s com-
pensation insurance.
728.313 Contract clauses for insurance of
Subpart 727.4—Rights in Data and transportation or transportation-related
Copyrights services.
727.404 Basic rights in data clause.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
(a) through (f) [Reserved] Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
(g) When the contract includes a re- p. 435.
quirement for the contractor to assign SOURCE: 49 FR 13249, Apr. 3, 1984, unless
copyright to the Government or an- otherwise noted.
other party, the contracting officer
must insert (48 CFR) 752.227–14 and/or Subpart 728.1—Bonds
include an express limitation or re-
striction in the contract. USAID con- 728.105–1 Advance payment bonds.
tracting officers will assert such a (a) Generally, advance payment
right in limited circumstances in ac- bonds will not be required in connec-
cordance with the principles as stated tion with USAID contracts containing
in (48 CFR) 27.402. an advance payment provision. In lieu
thereof, contracting officers will follow
[72 FR 53163, Sept. 18, 2007, as amended at 79 procedures set forth in (48 CFR) FAR
FR 74988, 74994, Dec. 16, 2014] 32.409–3.
41
728.305–70 48 CFR Ch. 7 (10–1–19 Edition)
(b) Whenever a contracting officer not U.S. citizens, not residents of, or
considers that an advance payment not hired in the United States. Waivers
bond is necessary, the contracting offi- requested by the contractor are sub-
cer will: mitted to the contracting officer for
(1) Establish a bond penalty that will approval and further submission to the
adequately protect interests of the Department of Labor, which grants the
Government; waiver. Application for a waiver is sub-
(2) Use the USAID Advance Payment mitted on Labor Department Form
Bond format; BEC 565. USAID has a number of blan-
(3) Place bond with a surety cur- ket waivers already in effect for cer-
rently approved by the U.S. Treasury tain countries that are applicable to its
Department according to the latest direct contracts with contractors per-
Treasury Department Circular 570; and forming in such countries. Where such
(4) Stipulate that the cost of the waivers are granted from coverage
bond shall not exceed a rate of $7.50 per under the DBA, the waiver is condi-
$1,000 per annum based on the penalty tioned on providing other worker’s
of the bond, without the prior written compensation coverage to employees
approval of the Bureau for Manage- to which the waiver applies. Usually
ment, Office of Acquisition and Assist- this takes the form of securing work-
ance, Policy Division (M/OAA/P). er’s compensation coverage of the
(c) Where the surety’s obligation country where work will be performed
under an advance payment bond covers or of the country of the employee’s na-
all advances made to the contractor tionality, whichever offers greater ben-
during the term of the contract, no re- efits. The Department of Labor has
lease should be issued to the surety granted partial blanket waivers of DBA
until all advances made and to be made coverage applicable to USAID-financed
under the contract have been fully liq- contracts performed in certain coun-
uidated in accordance with the provi- tries, subject to two conditions:
sions of the contract, such as no-pay
(1) Employees hired in the United
vouchers, reports of expenditures, or by
States by the contractor, and citizens
refund. Where the surety’s obligation
or residents of the United States are to
under the bond is limited to advances
be provided DBA insurance coverage;
made during a specified period of time,
no release should be issued to the sur- (2) Waived employees (i.e., employees
ety until all advances made and to be who are neither U.S. citizens nor U.S.
made during the specified period have resident aliens, and who were hired
been liquidated as aforesaid. outside the United States) will be pro-
vided worker’s compensation benefits
[49 FR 13249, Apr. 3, 1984, as amended at 50 as required by the laws of the country
FR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27, in which they are working or the laws
1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33446,
June 29, 1994; 72 FR 19670, Apr. 19, 2007; 79 FR
of their native country, whichever of-
74988, 74995, Dec. 16, 2014] fers greater benefits. Information as to
whether a DBA Waiver has been ob-
tained by USAID for a particular coun-
Subpart 728.3—Insurance try may be obtained from the cog-
728.305–70 Overseas worker’s com- nizant USAID contracting officer.
pensation and war-hazard insur- (b) To assist contractors in securing
ance—waivers and USAID insur- insurance at minimal rates for the
ance coverage. workmen’s compensation insurance re-
(a) Upon the recommendation of the quired under the DBA, and to facilitate
USAID Administrator, the Secretary of meeting insurance requirements for
Labor may waive the applicability of such coverage, USAID, after open and
the Defense Base Act (DBA) with re- competitive negotiation, has entered
spect to any contract, subcontract, or into a contract with an insurance car-
subordinate contract, work location, or rier to provide such coverage at a spec-
classification of employees. Either the ified rate. The terms of this contract
contractor or USAID can request a require the insurance carrier to provide
waiver from coverage. Such a waiver coverage, and the contractor to make
can apply to any employees who are payments to and handle its claims with
42
that insurance carrier. Contracting of- 728.313 Contract clauses for insurance
ficers are responsible for explaining of transportation or transportation-
and advising contractors of the details related services.
of securing such insurance. (a) USAID is required by law to in-
[49 FR 13249, Apr. 3, 1984, as amended at 52 clude language in all its direct con-
FR 4144, Feb. 10, 1987. Redesignated at 53 FR tracts and subcontracts ensuring that
50630, Dec. 16, 1988, and amended at 54 FR all U.S. marine insurance companies
16122, Apr. 21, 1989; 56 FR 67224, Dec. 30, 1991] have a fair opportunity to bid for ma-
rine insurance when such insurance is
728.307–2 Liability. necessary or appropriate under the
(a)–(b) [Reserved] contract. USAID has therefore estab-
(c) Automobile liability. In order to en- lished a supplementary preface to the
sure that private automobiles used by clause at (48 CFR) FAR 52.228–9. This
contractor employees stationed over- supplementary preface is set forth in
seas under an USAID contract are (48 CFR) AIDAR 752.228–9, and is re-
quired for use in any USAID-direct
properly insured, USAID has estab-
contract where marine insurance is
lished minimum required coverages as
necessary or appropriate.
a supplement to the (48 CFR) FAR
clause at 52.228–7. This supplemental [53 FR 50630, Dec. 16, 1988, as amended at 79
coverage is specified in (48 CFR) FR 74988, Dec. 16, 2014]
AIDAR 752.228–7, and is to be used in all
USAID-direct contracts involving per- PART 729—TAXES
formance overseas.
[53 FR 50630, Dec. 16, 1988, as amended at 79 AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
FR 74988, Dec. 16, 2014] 445 (22 U.S.C. 2381), as amended; E.O. 12163, 44
FR 56673, 3 CFR 1979 Comp., p. 435.
728.307–70 Medical Evacuation SOURCE: 81 FR 48716, July 26, 2016, unless
(MEDEVAC) Services (MAR 1993). otherwise noted.
The contracting officer must insert
the clause at 752.228–70 in all contracts Subpart 729.4—Contract Clauses
which require performance by con-
tractor employees overseas. 729.402–70 Foreign contracts.
[59 FR 33446, June 29, 1994, as amended at 79 (a) Section 579 of the Foreign Oper-
FR 74995, Dec. 16, 2014] ations, Export Financing, and Related
Programs Appropriations Act of FY
728.309 Contract clause for worker’s 2003 requires certain steps to prevent
compensation insurance. countries from imposing taxes [defined
(a) Because of the volume of projects as Value Added Tax (VAT) or customs
performed overseas resulting in con- duties] on U.S. foreign assistance, or if
tracts which require worker’s com- imposed, requires the countries to re-
pensation insurance, USAID has con- imburse the assessed taxes or duties.
tracted with an insurance carrier to The Act also requires certain reporting
provide the required insurance for all to Congress. The Department of State
USAID contractors. It is therefore nec- has published guidance for imple-
essary to supplement the (48 CFR) FAR menting this section of the Act. See
http://2001-2009.state.gov/s/d/rm/c10443.htm
clause at 52.228–3 with the additional
for further information.
coverage specified in (48 CFR) AIDAR
(b) Contracting Officers (COs) must
752.228–3. The coverage specified in (48
insert the clause at 752.229–71, Report-
CFR) AIDAR 752.228–3 shall be used in
ing of Foreign Taxes in section I of so-
addition to the coverage specified in (48
licitations and resulting contracts that
CFR) FAR 52.228–3 in all USAID-direct
obligate or subobligate FY 2003 or later
contracts involving performance over- funds except for the following:
seas.
(1) Contracts funded with Operating
[53 FR 50630, Dec. 16, 1988, as amended at 79 Expense, Public Law 83–480 funds, or
FR 74988, Dec. 16, 2014] trust funds; or
43
Pt. 731 48 CFR Ch. 7 (10–1–19 Edition)
(2) Contracts where there will be no will be applicable to all USAID con-
commodity transactions in a foreign tracts with that contractor.
country over the amount of $500.
FR 50302, Dec. 10, 1985; 51 FR 20651, June 6,
PART 731—CONTRACT COST 1986; 72 FR 19670, Apr. 19, 2007; 79 FR 74995,
PRINCIPLES AND PROCEDURES Dec. 16, 2014]
Subpart 731.1—Applicability Subpart 731.2—Contracts With

Sec. Commercial Organizations
731.109 Advance agreements.
731.205–6 Compensation for personal
Subpart 731.2—Contracts With Commercial services.
Organizations
(a) General. When establishing the
731.205–6 Compensation for personal serv- workweek for employees overseas the
ices. contractor will take local and USAID
731.205–43 Trade, business, technical and Mission practice into account and will
professional activity costs—USAID con-
ference approval requirements. insure that the workweek is compat-
731.205–46 Travel costs. ible with that of those USAID Mission
731.205–70 Overseas recruitment incentive. and Cooperating Country employees
731.205–71 Salary supplements for Host Gov- with whom the contractor will be
ernment employees. working.
Subpart 731.3—Contracts With Educational (b) Salaries and wages. It is USAID
Institutions policy that if an employee’s base salary
plus overseas recruitment incentive, if
731.370 Predetermined fixed rates for indi- any (see (48 CFR) AIDAR 731.205–70) ex-
rect costs. ceeds the USAID Contractor Salary
731.371 Compensation for personal services.
731.372 Fringe benefits. Threshold (USAID CST), as stated in
731.373 Overseas recruitment incentive. USAID’s Automated Directives System
(ADS) Chapter 302 USAID Direct Con-
Subpart 731.7—Contracts With Nonprofit tracting (available at http://
Organizations www.usaid.gov/policy/ads/300/302.pdf), it
731.770 OMB Circular A–122; cost principles will be allowable only if approved in
for nonprofit organizations; USAID im- writing by the contracting officer. The
plementation. contracting officer shall only provide
731.771 Bid and proposal costs. such approval after internal Agency
731.772 Compensation for personal services. procedures for review/approval of sala-
731.773 Independent research and develop-
ment costs. ries in excess of the USAID CST in
731.774 Overseas recruitment incentive. ADS 302 have been followed. USAID
policies on compensation of third coun-
445, (22 U.S.C. 2381) as amended; E.O. 12163, try national or cooperating country
Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 national employees are set forth in (48
Comp., p. 435. CFR) AIDAR 722.170.
SOURCE: 49 FR 13250, Apr. 3, 1984, unless (d)–(l) [Reserved]
otherwise noted. (m) Fringe benefits. USAID’s policies
on certain fringe benefits related to
Subpart 731.1—Applicability overseas service, including but not lim-
ited to leave, holidays, differentials
731.109 Advance agreements. and allowances, etc. are set forth in the
Advance agreements on selected appropriate contract clauses in (48
costs may be negotiated with USAID CFR) AIDAR subpart 752.70.
contractors by the Bureau for Manage- [57 FR 5235, Feb. 13, 1992, as amended at 60
ment, Office of Acquisition and Assist- FR 11913, Mar. 3, 1995; 62 FR 40468, July 29,
ance, Cost Audit Support Division, 1997; 64 FR 5008, Feb. 2, 1999; 72 FR 19669, Apr.
Overhead and Special Cost and Con-
19, 2007; 79 FR 74988, Dec. 16, 2014]

tract Close-Out Branch (M/OAA/CAS/
OCC). Such advance understandings
44
731.205–43 Trade, business, technical qualify for the exemption for overseas
and professional activity costs— income provided under section 911 of
USAID conference approval re- the U.S. Internal Revenue Code (26
quirements. U.S.C. 911), such employee is eligible to
(a) The contractor must obtain prior receive an overseas recruitment incen-
written approval from the contracting tive (ORI), to the extent the ORI: Is au-
officer, or the contracting officer’s rep- thorized by the contractor’s normal
resentative (COR), if delegated in the policy and practice; is deemed nec-
Contracting Officer’s Representative essary by the contractor to recruit and
Designation Letter, for costs related to retain qualified employees for overseas
conferences funded in whole or in part services; and does not exceed 10% of
with USAID funds when: the base salary of the employee from
(1) Twenty (20) or more USAID em- date of arrival at overseas post to
ployees are expected to attend. begin assignment to date of departure
(2) The net conference expense funded from post at the end of assignment.
by USAID will exceed $100,000 (exclud- ORI is to be paid as a single payment
ing salary of employees), regardless of at the end of the employee tour of duty
the number of USAID participants. overseas. The contractor shall take all
(b) The contracting officer or the reasonable and prudent steps to ensure
contracting officer’s representative that ORI is not paid to any employee
will follow the internal Agency proce- who has received the IRS section 911
dures for review and approval of con- exemption.
ference costs, as specified in Auto- (b) In the event that an employee
mated Directive System (ADS) chapter subsequently receives a section 911 ex-
580, prior to providing such approval to clusion for any part of the base salary
the contractor. upon which this supplement has been
(c) Costs associated with a conference paid, such supplement or appropriate
that meets the criteria above, incurred portion thereof shall be reimbursed by
without USAID prior written approval, the contractor to USAID with interest.
are unallowable. The interest shall be calculated at the
(d) Contracting officers must insert average U.S. Treasury rate in effect for
the clause at 752.231–72 in all USAID- the period that the contractor or his
funded solicitations and contracts an- employee had the funds. Neither the
ticipated to include a requirement for contractor’s nor the subcontractor’s
a USAID-funded conference. See (48 inability to collect refunds from eligi-
CFR) AIDAR 752.231–72 for the defini- ble employees shall be used as a basis
tion of a conference and specific re- to excuse subsequent refunds by the
quirements and procedures. contractor to USAID.
[81 FR 48716, July 26, 2016] [57 FR 5236, Feb. 13, 1992]
731.205–46 Travel costs. 731.205–71 Salary supplements for

Host Government employees.
It is USAID policy to require prior
written approval of international trav- (a) Definitions. (1) A Host Government
el by the contracting officer, or the (HG) employee is a person paid by the
contracting officer’s representative HG, occupying an established position,
(COR) if delegated in the Contracting either temporary or permanent, part-
Officer’s Representative Designation time or full-time, within a HG institu-
Letter. See (48 CFR) AIDAR 752.7032 for tion.
specific requirements and procedures. (2) An HG institution is an organiza-
tion in which the government owns at
[79 FR 74995, Dec. 16, 2014] least a fifty percent share or receives
at least fifty percent of its financial
731.205–70 Overseas recruitment in- support from the government.
centive.
(b) General. Salary supplement occurs
NOTE: The term employee as used in this when payments are made that augment
section means an employee who is a U.S. cit- an HG employee’s base salary or pre-
izen or a U.S. resident alien.)
miums, overtime, extra payments, in-
(a) If a contractor employee serving centive payment and allowances for

overseas under a contract does not which the HG employee would qualify
45
731.370 48 CFR Ch. 7 (10–1–19 Edition)
under HG rules or practices for the per- (2) In considering consulting income
formance of his/hers regular duties or as a factor when determining allowable
work performed during his/hers regular salary for service under a contract:
office hours. Per diem, invitational (i) For faculty members working
travel, honoraria and payment for under annual appointments, salary for
work carried out outside of normal service under the contract may include
working hours are not considered to be the employee’s on-campus salary plus
salary supplements subject to the pro- ‘‘consulting income’’ (that is, income
visions in USAID policy referenced in from employment other than the em-
paragraph (c) of this section. ployee’s regular on-campus appoint-
(c) Salary supplements are eligible ment, excluding business or other ac-
for USAID financing only when author-
tivities not connected with the employ-
ized in accordance with USAID policy
ee’s profession) earned during the year
established in the cable State 119780
dated April 15, 1988 in ADS Chapter 302. preceding employment under the con-
If salary supplements have been au- tract.
thorized in a particular case, the con- (ii) For faculty members working
tracting officer shall provide written under academic year appointments,
approval to the contractor in order for salary for service under the contract
such costs to be eligible. Any specific may include the employee’s on-campus
requirements or limitations shall be academic year salary plus ‘‘consulting
specified in the approval. income’’ as defined above earned dur-
(d) Contracting officers shall insert ing the year proceeding employment
the Clause at 752.231–71 in all contracts under the contract, or salary for serv-
in which there is a possibility of the ice under the contract may be derived
need of HG employees. It should also be by annualizing the academic year sal-
inserted in all subsequent sub- ary (in which case ‘‘consulting income’’
contracts. may not be included).
[64 FR 16649, Apr. 6, 1999, as amended at 79 (3) USAID policies and compensation
FR 74988, 74995, Dec. 16, 2014] of third country national or cooper-
ating country national employees are
Subpart 731.3—Contracts With set forth in (48 CFR) AIDAR 722.170.
Educational Institutions [57 FR 5236, Feb. 13, 1992, as amended at 60
FR 11913, Mar. 3, 1995; 62 FR 40469, July 29,
731.370 Predetermined fixed rates for 1997; 64 FR 5008, Feb. 2, 1999; 72 FR 19669, Apr.
indirect costs. 19, 2007; 79 FR 74988, Dec. 16, 2014]
Section 635(k) of the Foreign Assist-
ance Act of 1961, as amended, author- 731.372 Fringe benefits.
izes USAID to use predetermined fixed USAID’s policies on certain fringe
rates in determining the indirect costs benefits related to overseas service, in-
applicable under contracts with edu- cluding but not limited to leave, holi-
cational institutions. days, differentials and allowances, etc.
are set forth in the appropriate con-
731.371 Compensation for personal
services. tract clauses in (48 CFR) AIDAR 752.70.
(a) General. When establishing the [57 FR 5236, Feb. 13, 1992, as amended at 79
workweek for employees overseas the FR 74988, Dec. 16, 2014]
contractor will take local and USAID
Mission practice into account and will 731.373 Overseas recruitment incen-
ensure that the workweek is compat- tive.
ible with that of those USAID Mission USAID’s policies regarding overseas
and Cooperating Country employees recruitment incentives are set forth in
with whom the contractor will be (48 CFR) AIDAR 731.205–70. These poli-
working. cies are also applicable to contracts
(b) Salaries and wages. (1) The policies with an educational institution.
set forth in (48 CFR) AIDAR 731.205–6(b)
are also applicable to contracts with a [57 FR 5236, Feb. 13, 1992, as amended at 79
nonprofit organization. FR 74988, Dec. 16, 2014]
46
Subpart 731.7—Contracts With items) which are included in the budget of

this award.
Nonprofit Organizations
731.770 OMB Circular A–122, cost prin- FR 50302, Dec. 10, 1985; 51 FR 20651, June 6,
ciples for nonprofit organizations; 1986; 56 FR 67225, Dec. 30, 1991; 72 FR 19670,
USAID implementation. Apr. 19, 2007; 79 FR 74995, Dec. 16, 2014]
(a) Paragraph 6 of the transmittal
letter for OMB Circular A–122 specifies 731.771 Bid and proposal costs.
that ‘‘Agencies shall designate a liai- Pending the establishment of Gov-
son official to serve as the agency rep- ernment-wide principles in Attachment
resentative on matters relating to the B of OMB Circular A–122, USAID will
implementation of this Circular.’’ The treat bid and proposal costs as follows:
Director, Bureau for Management, Of- (a) Bid and proposal costs are the
fice of Acquisition and Assistance, has costs of preparing bids, proposals, and
been so designated. The Bureau for applications for potential activities
Management, Office of Acquisition and such as Government and non-Govern-
Assistance, Cost Audit Support Divi- ment grants, contracts and other
sion, Overhead and Special Cost and agreements, including the development
Contract Close-Out Branch (M/OAA/ of scientific, cost, and other data need-
CAS/OCC) provides staff assistance to ed to support such bids, proposals, and
the Director concerning OMB Circular applications. Except as provided in (b)
A–122. M/OAA/CAS/OCC is also respon- below, bid and proposal costs of the
sible for obtaining cognizance under current accounting period of both suc-
the criteria in the transmittal letter cessful and unsuccessful bids and pro-
for OMB Circular A–122; for liaison posals normally should be treated as
with other cognizant agencies; for au-
indirect costs for allocation to all cur-
thorizing exclusion of OMB Circular A–
rent activities, and no bid and proposal
122 coverage for a particular nonprofit
costs of past accounting periods will be
organization pursuant to paragraph 5
allocable to the current period. How-
of the OMB Circular A–122 transmittal
ever, if the organization’s established
letter; and for advice and assistance in
applying OMB Circular A–122 cost prin- practice is to treat bid and proposal
ciples. costs by some other method, the re-
(b) Paragraph 4b of the OMB Circular sults obtained may be accepted only if
A–122 transmittal letter contains a def- found to be reasonable and equitable.
inition of prior approval as follows: (b) Bid and proposal costs incurred by
the organization to obtain unrestricted
Prior approval means securing the award- funds are to be treated as fund raising
ing agency’s permission in advance to incur
costs for those items that are designated as
and allocated an appropriate share of
requiring prior approval by OMB Circular A– indirect costs under the conditions de-
122. Generally, this permission will be in scribed in paragraph B.3 of Attachment
writing. Where an item of cost requiring A to OMB Circular A–122.
prior approval is specified in the budget of an
award, approval of the budget constitute ap- 731.772 Compensation for personal
proval of that cost. services.
Consequently, an award containing a The policies set for in (48 CFR)
budget constitutes prior approval of AIDAR 731.205–6 are also applicable to
the direct cost item in the budget, un- contracts with a nonprofit organiza-
less otherwise annotated. Accordingly, tion.
award budgets should be appropriately [57 FR 5236, Feb. 13, 1992, as amended at 79
annotated substantially as follows: FR 74988, Dec. 16, 2014]
Inclusion of any cost in the line item budg-
et of this award does not obviate the require- 731.773 Independent research and de-
ment for prior approval of cost items des- velopment costs.
ignated as requiring prior approval by OMB
Circular A–122 ; or Pending establishment of Govern-
ment-wide principles in Attachment B
In accordance with the requirements to

OMB Circular No. A–122, approval is granted of OMB Circular A–122, USAID will
to incur costs for (name specific item or apply the cost principles at (48 CFR)
47
731.774 48 CFR Ch. 7 (10–1–19 Edition)
FAR 31.205–18 for independent research 732.402 General.

and development costs.
(a)–(d) [Reserved]
[49 FR 13250, Apr. 3, 1984, as amended at 79 (e)(1) U.S. Dollar advances to for-
FR 74988, Dec. 16, 2014] profit organizations for any award, in-
731.774 Overseas recruitment incen- cluding advances for disbursement to
tive. grantees, must be processed and ap-
proved in accordance with ADS Chap-
USAID’s policies regarding overseas
recruitment incentives are set forth in ter 636.
(48 CFR) AIDAR 731.205–70. These poli- (2) All local currency advances to for-
cies are also applicable to contracts profit organizations for any award re-
with a nonprofit organization. quire the approval of the head of the
contracting activity, with concurrence
of the Mission Controller.
FR 74988, Dec. 16, 2014]
[79 FR 74995, Dec. 16, 2014]
PART 732—CONTRACT FINANCING
732.403 Applicability.
Subpart 732.4—Advance Payments for References to nonprofit contracts
Non-Commercial Items with nonprofit educational or research
Sec. institutions for experimental, research
732.401 Statutory authority. and development work include non-
732.402 General. profit contracts with nonprofit institu-
732.403 Applicability. tions for: (a) technical assistance serv-
732.406–70 Agency-issued letters of credit. ices provided to or for another country
732.406–71 Applicability for use of a Letter
of Credit (LOC). or countries, and (b) projects which
732.406–72 Establishing an LOC. concern studies, demonstrations and
732.406–73 LOC contract clause. similar activities related to economic
732.406–74 Revocation of the LOC. growth or the solution of social prob-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. lems of developing countries.
445, (22 U.S.C. 2381) as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., 732.406–70 Agency-issued letters of
p. 435. credit.
This subsection provides guidance on
Subpart 732.4—Advance Pay- use of USAID issued letters of credit
ments for Non-Commercial (LOC) for advance payments.
Items
732.406–71 Applicability for use of a
SOURCE: 56 FR 67225, Dec. 30, 1991, unless Letter of Credit (LOC).
otherwise noted. An LOC must be used when:
(a) The contracting officer has deter-
732.401 Statutory authority.
mined that an advance payment is nec-
(a) Sections 635 (b) of the Foreign As- essary and appropriate in accordance
sistance Act and Executive Order 11223, with this subpart and the requirements
May 12, 1965, 30 FR 6635, permit the found in (48 CFR) FAR 32.4;
making of advance payments with re- (b) USAID has, or expects to have, a
spect to functions authorized by the continuing relationship of at least one
Foreign Assistance Act. Advance pay-
year with the organization, and the an-
ments may also be made under section
nual amount required for advance fi-
305 of the Federal Property and Admin-
nancing will be at least $50,000; and
istrative Services Act of 1949, which
provides authority, not otherwise (c) The advance payment is approved
available to USAID, to take a para- in accordance with (48 CFR) AIDAR
mount lien. 732.402(e). Additionally, the advance
(b) The Act of August 28, 1968, Public payments made by LOC under for fee or
Law 85–804 does not apply to USAID. profit contracts, must be approved by
the Procurement Executive.

[56 FR 67225, Dec. 30, 1991, as amended at 62
FR 40469, July 29, 1997] [79 FR 74995, Dec. 16, 2014]
48
732.406–72 Establishing an LOC. 733.103–73 Protests excluded from Agency

consideration.
(a) While the contract will provide
for the use of an LOC when it is appli- Subpart 733.27—USAID Procedures for
cable under 732.406–71, the LOC is a sep- Disputes and Appeals
arate agreement between the con-
tractor and USAID. The terms and con- 733.270 Designation of Civilian Board of
ditions of the LOC are contained in the Contract Appeals (CBCA) to hear and de-
LOC instructions issued by USAID and termine appeals under USAID contracts.
the general operating requirements are AUTHORITY: Sec. 621. Pub. L. 87–195, 73 Stat.
those imposed by the USAID LOC serv- 445 (22 U.S.C. 2381), as amended: E.O. 12163,
icing agent. LOCs for both USAID/ Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp.
Washington and Mission-executed p. 435.
awards are established by the Bureau
for Management, Office of the Chief Fi- Subpart 733.1—Protests
nancial Officer, Cash Management and
Payment Division (M/CFO/CMP)
SOURCE: 61 FR 39094, July 26, 1996, unless
through the Agency LOC servicing
otherwise noted.
agent.
(b) To establish a new LOC account, 733.101 Definitions.
the contractor must submit to USAID
the documentation specified in (48 (a) All ‘‘days’’ referred to in this sub-
CFR) AIDAR Clause 752.232–70(b). part are deemed to be ‘‘calendar days’’,
in accordance with (48 CFR) FAR
[79 FR 74995, Dec. 16, 2014]
33.101. In the case of USAID overseas
732.406–73 LOC contract clause. offices with non-Saturday/Sunday
weekend schedules, the official post
(a) If payment is to be provided by weekend applies in lieu of Saturday
LOC, the contract must contain the and Sunday.
clause in 752.232–70.
(b) All other terms defined in (48
(b) Contracting officers must ensure
CFR) FAR 33.101 are used herein with
that an appropriate (48 CFR) FAR pay-
ment clause is also inserted in the con- the same meaning.
tract, in the event that the LOC is re- [61 FR 39094, July 26, 1996, as amended at 64
voked pursuant to 732.406–74. FR 42042, Aug. 3, 1999; 79 FR 74988, Dec. 16,
2014]
[79 FR 74995, Dec. 16, 2014]
733.103–70 Protests to the agency.
732.406–74 Revocation of the LOC.
If during the term of the contract M/ USAID follows the agency protest
CFO/CMP believes that the LOC should procedures in (48 CFR) FAR 33.103, as
be revoked, M/CFO/CMP may, after supplemented by this section.
consultation with the cognizant con- [61 FR 39094, July 26, 1996, as amended at 79
tracting officer(s) and GC, revoke the FR 74988, Dec. 16, 2014]
LOC by written notification to the con-
tractor. A copy of any such revocation 733.103–71 Filing of protest.
notice will immediately be provided to (a) Protests must be in writing and
the cognizant contracting officer(s).
addressed to the contracting officer for
[79 FR 74995, Dec. 16, 2014] consideration by the M/OAA Director.
(b) A protest shall include, in addi-
PART 733—PROTESTS, DISPUTES, tion to the information required in (48
AND APPEALS CFR) FAR 33.103(d)(2), the name of the
issuing Mission or office.
Subpart 733.1—Protests (c) Material submitted by a protester
will not be withheld from any inter-
Sec.
ested party outside the Government or
from any Government agency if the M/
733.103–70 Protests to the agency.

733.103–71 Filing of protest. OAA Director decides to release such
733.103–72 Responsibilities. material, except to the extent that the
49
733.103–72 48 CFR Ch. 7 (10–1–19 Edition)
withholding of such information is per- contracting officer, and are not subject
mitted or required by law or regula- to review.
tion. (d) Protests filed in the Government Ac-
countability Office (GAO). Protests filed
[61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1,
1996, as amended at 64 FR 42040, Aug. 3, 1999; with the GAO will not be reviewed.
72 FR 19670, Apr. 19, 2007; 79 FR 74988, Dec. 16, (e) Procurements funded by USAID to
2014] which USAID is not a party. No protest
of a procurement funded by USAID
733.103–72 Responsibilities. shall be reviewed unless USAID is a
(a) M/OAA Director. The decision re- party to the acquisition agreement.
garding an agency protest shall be (f) Subcontractor protests. Subcon-
made by the M/OAA Director within 30 tractor protests will not be considered.
days from the date a proper protest is (g) Judicial proceedings. Protests will
filed unless the M/OAA Director deter- not be considered when the matter in-
mines that a longer period is necessary volved is the subject of litigation be-
to resolve the protest, and so notifies fore a court of competent jurisdiction
the protester in writing. The M/OAA or when the matter involved has been
Director shall make his or her decision decided on the merits by a court of
after personally reviewing and consid- competent jurisdiction.
ering all aspects of the case as pre- (h) Determinations of responsibility by
sented in the protest itself and in any the contracting officer. A determination
documentation provided by the con- by the contracting officer that a bidder
tracting officer, and after obtaining or offeror is or is not capable of per-
input and clearance from the Office of forming a contract will not be reviewed
the General Counsel’s Division for Liti- by the M/OAA Director.
gation and Enforcement (GC/LE). The (i) Small Business Certificate of Com-
decision shall be in writing and con- petency Program. Any referral made to
stitutes the final decision of the Agen- the Small Business Administration
cy. pursuant to section 8(b)(7) of the Small
(b) Contracting officer. The con- Business Act, or any issuance of, or re-
tracting officer is responsible for re- fusal to issue, a certificate of com-
questing an extension of the time for petency under that section will not be
acceptance of offers as described in (48 reviewed by the M/OAA Director.
CFR) FAR 33.103(f)(2). [61 FR 39094, July 26, 1996, as amended at 64
[61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1, FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
1996, as amended at 64 FR 42040, Aug. 3, 1999; 2007; 79 FR 74988, 74996, Dec. 16, 2014]
72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74996,
Dec. 16, 2014] Subpart 733.27—USAID Procedures
733.103–73 Protests excluded from
for Disputes and Appeals
Agency consideration. 733.270 Designation of Civilian Board
(a) Contract administration. Disputes of Contract Appeals (CBCA) to hear
between a contractor and USAID are and determine appeals under
resolved pursuant to the disputes USAID contracts.
clause of the contract and the Contract (a) The Civilian Board of Contract
Disputes Act of 1978. Appeals (CBCA) was established by sec-
(b) Small business size standards and tion 847 of the National Defense Au-
standard industrial classification. Chal- thorization Act for Fiscal Year 2006 to
lenges of established size standards or hear and decide contract disputes be-
the size status of particular firms, and tween Government contractors and ex-
challenges of the selected standard in- ecutive civilian agencies under the pro-
dustrial classification are for review visions of the Contract Disputes Act of
solely by the Small Business Adminis- 1978, 41 U.S.C. 7101–7109, and regula-
tration. tions and rules issued under that stat-
(c) Procurement under Section 8(a) of ute. The CBCA is USAID’s board for
the Small Business Act. Contracts are let hearing and deciding appeals to con-
under Section 8(a) of the Small Busi- tracting officer decisions.
ness Act to the Small Business Admin- (b) USAID must follow CBCA Rules
istration solely at the discretion of the of Procedure (see www.cbca.gsa.gov).
50
(c) The Office of the General Coun- (d) All officers and employees of
sel’s Division of Litigation and En- USAID must cooperate with the CBCA
forcement (GC/LE) will assure rep- and GC/LE in the processing of appeals
resentation of the interests of the Gov- so as to assure their speedy and just
ernment in proceedings before the determination.
CBCA. [79 FR 74996, Dec. 16, 2014]
51
SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING
PART 734—MAJOR SYSTEM tions and contracts for construction or

ACQUISITION renovations made using program funds.
[79 FR 74996, Dec. 16, 2014]
445 (22 U.S.C. 2381), as amended; E.O. 12163, Subpart 736.6—Architect-Engineer
Sept. 29, 1979, 44 FR 56673, 3 CFR, 1979 Comp.,
p. 435.
Services
734.002–70 USAID policy. 736.602–2 Evaluation boards.

In order for an USAID acquisition to (a)–(b) [Reserved]
be considered a major system acquisi- (c) Each evaluation board will in-
tion it must meet the criteria of OMB clude a representative of the con-
Circular A–109 and FAR part 34, and tracting officer and, as appropriate, the
must have an estimated value of $15 cognizant bureau.
million or more during the first year of [54 FR 46391, Nov. 3, 1989, as amended at 79
the contract. All major systems acqui- FR 74988, Dec. 16, 2014]
sition must be approved in advance by
the M/OAA Director. 736.602–3 Evaluation board functions.
[55 FR 39976, Oct. 1, 1990, as amended at 64 FR Agency architect-engineer evalua-
42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] tion boards shall perform the following
functions:
PART 736—CONSTRUCTION AND (a) Prepare a selection memorandum
ARCHITECT-ENGINEER CONTRACTS recommending no less than three firms
which are considered most highly
Subpart 736.5—Contract Clauses qualified to perform the required serv-
736.570 Disability standards in construction ices for submission to the head of the
contracts. contracting activity for his/her ap-
proval. This selection memorandum
Subpart 736.6—Architect-Engineer Services shall include the information specified
Sec.
in 736.602–3(c).
736.602–2 Evaluation boards. (b) In evaluating architect-engineer
736.602–3 Evaluation board functions. firms, the architect-engineer evalua-
736.602–4 Selection authority. tion board shall apply the following
736.602–5 Short selection process for pro- criteria, other criteria established by
curements not to exceed the simplified Agency regulations, and any criteria
acquisition threshold.
set forth in the public notice on a par-
736.603 [Reserved]
736.605 Government cost estimate for archi- ticular contract:
tect-engineer work. (1) Specialized experience of the firm
(including each member of joint ven-
445, (22 U.S.C. 2381) as amended; E.O. 12163, ture or association) with the type of
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., service required;
p. 435. (2) Capacity of the firm to perform
SOURCE: 49 FR 13254, Apr. 3, 1984, unless the work (including any specialized
otherwise noted. services) within the time limitations;
(3) Past record of performance on
Subpart 736.5—Contract Clauses contracts with USAID or other Govern-
ment agencies and private industry
736.570 Disability standards in con- with respect to such factors as control
struction contracts. of costs, quality of work, and ability to
Contracting officers must insert the meet schedules, to the extent such in-
clause at 752.236–70, Standards for Ac- formation is available;
cessibility for the Disabled in USAID (4) Ability to assign an adequate

Construction Contracts, in all solicita- number of qualified key personnel from
52
the organization, including a com- services to be rendered, the scope, com-

petent supervising representative hav- plexity, and the nature of the project
ing considerable experience in respon- and the estimated costs expected to be
sible positions on work of a similar na- generated by the work. The inde-
ture; pendent Government estimate shall be
(5) The portions of the work the ar- revised as required during negotiations
chitect-engineer is able to perform to correct noted deficiencies and re-
with its own forces when required; flect changes in or clarification of, the
(6) Ability of the architect-engineer scope of the work to be performed by
to furnish or to obtain required mate- the architect-engineer. A cost estimate
rials and equipment; based on the application of percentage
(7) If the geographical or topo-
factors to cost estimates of the various
graphical aspects of the project are
segments of the work involved, e.g.,
deemed vital, familiarity with the lo-
cality where the project is situated; construction project, may be developed
(8) Financial capacity; for comparison purposes, but such a
(9) Responsibility of the architect-en- cost estimate shall not be used as a
gineer under standards provided in (48 substitute for the independent Govern-
CFR) FAR subpart 9.1. No contract ment estimate.
may be awarded to a contractor that [49 FR 13254, Apr. 3, 1984, as amended at 79
does not meet these standards; FR 74988, Dec. 16, 2014]
(10) Volume of work previously
awarded to the firm by the Agency, 736.602–4 Selection authority.
with the object of effecting an equi-
(a) The head of the contracting activ-
table distribution of architect-engineer
ity or his/her authorized designee shall
contracts among qualified firms. Each
architect-engineer evaluation board review the selection memorandum and
shall give favorable consideration, to shall either approve it or return it to
the fullest extent practicable to the the board for reconsideration for speci-
most highly qualified firms that have fied reasons.
not had prior experience on Govern- (b) Approval of the selection memo-
ment projects (including small busi- randum by the head of the contracting
ness firms and firms owned by the so- activity or his/her authorized designee
cially and/or economically deprived). shall serve as authorization for the
(c) The evaluation board shall pre- contracting office to commence nego-
pare a selection memorandum for the tiation.
approval of the head of the contracting
activity. The selection memorandum 736.602–5 Short selection process for
will be signed by the board chairman procurements not to exceed the
and cleared by each board member. The simplified acquisition threshold.
selection memorandum shall include References to (48 CFR) FAR 36.602–3
the following information: and 36.602–4 contained in (48 CFR) FAR
(1) A listing by name of all firms re- 36.602–5 shall be construed as references
viewed by the board; to 736.602–3 and 736.602–4 of this sub-
(2) A listing of the evaluation criteria part.
applied;
(3) An analysis of the selection show- [49 FR 13254, Apr. 3, 1984, as amended at 61
ing the rationale for the board’s rec- FR 39095, July 26, 1996; 79 FR 74988, Dec. 16,
ommendation; 2014]
(4) The board’s recommendation of
the three most highly qualified firms, 736.603 [Reserved]
in order of preference;
736.605 Government cost estimate for
(5) An independent Government cost architect-engineer work.
estimate. The evaluation board shall
require the project engineer to develop See 736.602–3(c)(5).
an independent Government estimate
of the cost of the required architect-en- PART 737 [RESERVED]
gineer services. Consideration shall be

given to the estimated value of the
53
SUBCHAPTER G—CONTRACT MANAGEMENT
PART 742—CONTRACT Subpart 742.11—Production,

ADMINISTRATION Surveillance, and Reporting
Subpart 742.7—Indirect Cost Rates SOURCE: 72 FR 53163, Sept. 18, 2007, unless
Sec. otherwise noted.
742.770 Negotiated indirect cost rate agree-
ment. 742.1170 Performance monitoring and
progress reporting.
Subpart 742.11—Production, Surveillance,
and Reporting 742.1170–1 General.
742.1170 Performance monitoring and Performance monitoring is a func-
progress reporting. tion of contract administration used to
742.1170–1 General. determine contractor progress towards
742.1170–2 Applicability. achieving the goals and objectives of
742.1170–3 Policy. the contract and to identify any fac-
742.1170–4 Progress reporting requirements
tors that may delay or prevent the ac-
and contract clause.
complishment of those goals and objec-
Subpart 742.15—Contractor Performance tives. Performance monitoring requires
Information USAID personnel, particularly the con-
tracting officer’s representative, to
742.1501 [Reserved] maintain adequate knowledge of the
742.1502 Policy.
742.1503 Procedures.
contractor’s activities and progress in
order to ensure that USAID’s objec-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. tives, as stated in the contract’s State-
445, (22 U.S.C. 2381) as amended; E.O. 12163, ment of Work, will be achieved.
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp.,
p. 435. [72 FR 53163, Sept. 18, 2007, as amended at 79
FR 74988, Dec. 16, 2014]
Subpart 742.7—Indirect Cost Rates
742.1170–2 Applicability.
742.770 Negotiated indirect cost rate (a) This section applies to USAID
agreement.
non-personal, professional/technical
Except for educational institutions services contracts exceeding the sim-
having a cognizant agency (as defined plified acquisition threshold, but may
in OMB Circular A–88, 44 FR 70094, 12/5/ be applied to other USAID contracts, if
79) other than USAID, USAID may es- the contracting officer and requiring
tablish negotiated overhead rates in a office determine that doing so is in the
Negotiated Indirect Cost Rate Agree- best interests of the Agency. The con-
ment, executed by both parties. The tracting officer must ensure that this
Negotiated Indirect Cost Rate Agree- determination is documented in the
ment is automatically incorporated in contract file. This section does not
each contract between the parties and apply to personal services contracts.
shall specify: (a) The final rate(s), (b) (b) The underlying principles of (48
the base(s) to which the rate(s) apply, CFR) FAR subpart 42.11 apply to
(c) the period(s) for which the rate(s) USAID contracts and are inherent to
apply, (d) the items treated as direct this section. However, not all of the
costs, and (e) the contract(s) to which specific requirements and terminology
the rate(s) apply. The Negotiated Indi- in (48 CFR) FAR subpart 42.11 are com-
rect Cost Rate Agreement shall not patible with the types of technical as-
change any monetary ceiling, obliga- sistance contracts usually awarded by
tion, or specific cost allowance or dis- USAID. Therefore, this section 742.1170
allowance provided for in each contract applies when the requirements of (48
between the parties. CFR) FAR subpart 42.11 do not meet
[49 FR 13256, Apr. 3, 1984; 53 FR 50631, Dec. 16, USAID requirements or are otherwise
1988] not appropriate.
54
(c) The progress reports discussed in is not contrary to the terms of the con-
this section are separate from the per- tract. The requiring officer or con-
formance evaluation reports prepared tracting officer’s representative must
in accordance with (48 CFR) FAR sub- not require anything from the con-
part 42.15 and internal Agency proce- tractor that is outside the scope or
dures, although they may be used by terms of the contract or may result in
USAID personnel or their authorized claims of waivers, of changes, or of
representatives when evaluating the other contract modifications. Further,
contractor’s performance. Further- progress reports shall not require infor-
more, the policies, procedures, and lim- mation already available from other
itations of this section do not apply to sources.
technical reports, studies, papers, etc.,
the acquisition of which may be part of [72 FR 53163, Sept. 18, 2007, as amended at 79
or even the sole purpose of the con- FR 74988, Dec. 16, 2014]
tract.
742.1170–4 Progress reporting require-
[72 FR 53163, Sept. 18, 2007, as amended at 79 ments and contract clause.
FR 74996, Dec. 16, 2014]
(a) When the requiring office needs
742.1170–3 Policy. information on contract performance
(a) The contractor is responsible for status on a regular basis, the con-
timely contract performance. Perform- tracting officer may require the con-
ance monitoring by USAID does not tractor to submit periodic progress re-
obviate this responsibility. ports, tailored to address specific con-
(b) The requiring office, particularly tract requirements but limited to only
the contracting officer’s representative that information essential to USAID’s
and the contracting officer, will deter- needs in monitoring the contractor’s
mine how to monitor the contractor’s progress.
performance to protect the Govern- (b) Because the contracting officer’s
ment’s interests, by considering: representative is the individual most
(1) The contract requirements for re- familiar with the contractor’s perform-
porting progress; ance, the contractor must submit the
(2) The contract performance sched- progress reports directly to the cog-
ule; nizant technical officer. The con-
(3) The contractor’s implementation tracting officer’s representative must
plan or workplan; review the reports and advise the con-
(4) The contractor’s history of contracting officer, in writing, of any rec-
tract performance; ommended action, including any action
(5) The contractor’s experience with needed to address potential or actual
the services or supplies being provided delays in performance. The contracting
under the contract; officer’s representative must so advise
(6) The contractor’s financial capa- the contracting officer in sufficient
bility; time, typically thirty days, for him or
(7) Any other factors the requiring her to take any action that the con-
office, particularly the contracting of- tracting officer determines is appro-
ficer’s representative and the con- priate. The requirements of this para-
tracting officer, considers appropriate graph do not relieve the contractor of
and necessary to adequately monitor notification requirements identified
contractor performance (for example, elsewhere in the contract.
the day-to-day working proximity of
(c) The contracting officer must in-
the contracting officer’s representative
sert the clause at 752.242–70, Periodic
or contracting officer to the contrac-
Progress Reports, in solicitations and
tor’s place of performance).
contracts that require progress report-
(c) In monitoring contractor per-
ing, as specified in this section. The
formance, the requiring office (particu-
contracting officer must include spe-
larly the contracting officer’s rep-
resentative and contracting officer) cific reporting instructions in the
must utilize any of the contractor’s ex- Schedule.
isting systems or processes for moni- [72 FR 53163, Sept. 18, 2007, as amended at 79
toring progress, provided that doing so FR 74988, Dec. 16, 2014]
55
742.1501 48 CFR Ch. 7 (10–1–19 Edition)
Subpart 742.15—Contractor Subpart 745.1—General

Performance Information
SOURCE: 65 FR 36642, June 9, 2000, unless (a) The contracting officer must in-
otherwise noted. sert the clause at (48 CFR) AIDAR
752.245–71 in all contracts under which
742.1501 [Reserved] the contractor will acquire property
for use overseas and the contract funds
742.1502 Policy. were obligated under a Development
(a) [Reserved] Objective Agreement (DOAG) (or simi-
(b) Performance for personal services lar bilateral obligating agreement)
contracts awarded under (48 CFR) with the cooperating country.
AIDAR appendices D and J shall not be (b) The contracting officer must in-
evaluated under the contractor per- sert the applicable clause as required
formance reporting procedures pre- in (48 CFR) FAR 45.107 and (48 CFR)
scribed in (48 CFR) FAR subpart 42.15. AIDAR 752.245–70 in all contracts under
[65 FR 36642, June 9, 2000; 65 FR 39470, June which the contractor will acquire prop-
26, 2000, as amended at 79 FR 74988, 74996, erty with funds not already obligated
Dec. 16, 2014] under a DOAG (or similar bilateral ob-
ligating agreement) with the cooper-
742.1503 Procedures. ating country.
(a) [Reserved] [79 FR 74996, Dec. 16, 2014]
(b) Personal services contractors
shall be recognized as Government per-
sonnel for the purposes of the restric-
PART 747—TRANSPORTATION
tion on access to contractor perform-
ance information in (48 CFR) FAR AUTHORITY: Sec. 621, Pub. L. 98–195, 75 Stat.
42.1503. 445 (22 U.S.C. 2381), as amended; E.O. 12163,
Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp.,
[72 FR 53163, Sept. 18, 2007, as amended at 79 p. 435.
FR 74996, Dec. 16, 2014]
Subpart 747.5—Ocean
PART 744—SUBCONTRACTING Transportation by U.S.-Flag Vessels
POLICIES AND PROCEDURES
SOURCE: 77 FR 8171, Feb. 14, 2012, unless Contracting officer must insert the
otherwise noted. clause at 752.247–70 in solicitations and
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. contracts solely for ocean transpor-
445, (22 U.S.C. 2381) as amended; E.O. 12163, tation services, and in solicitations and
Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., contracts for goods and ocean transpor-
p. 435. tation services when the ocean trans-
portation will be fixed at the time the
Subpart 744.2—Consent to contract is awarded. Contracting offi-
Subcontracts cer must use (48 CFR) FAR 52.247–64 as
prescribed in (48 CFR) FAR 47.507(a) in
744.202–170 Partner vetting. other situations.
If an acquisition is identified as sub- [64 FR 5008, Feb. 2, 1999, as amended at 79 FR
ject to partner vetting, see (48 CFR) 74996, Dec. 16, 2014]
AIDAR 704.70 for the applicable proce-
dures and requirements. PART 749—TERMINATION OF
CONTRACTS
PART 745—GOVERNMENT
PROPERTY Subpart 749.1—General Principles
Sec.
AUTHORITY: Sec. 621, Pub. L. 787–195, 75 749.100 Scope of subpart.
Stat. 445, (22 U.S.C. 2381) as amended; E.O. 749.111 Review of proposed settlements.
12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 749.111–70 Termination settlement review
Comp., p. 435. boards.
56
749.111–71 Required review and approval. stantive element of such settlement
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. proposal.
445, (22 U.S.C. 2381) as amended; E.O. 12163, (c) The chairman shall appoint a non-
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., voting recorder who shall be respon-
p. 435. sible for receiving cases, scheduling
SOURCE: 49 FR 13256, Apr. 3, 1984, unless and recording the proceedings at meet-
otherwise noted. ings, maintaining a log of all cases re-
ceived by him/her for the board, and
other duties as assigned by the board.
Subpart 749.1—General Principles
749.100 Scope of subpart. FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
2007]
The Foreign Aid and Related Agen-
cies Appropriation Act, 1963, and subse-
749.111–71 Required review and ap-
quent appropriation Acts, have im- proval.
posed the following requirement:
None of the funds appropriated or (a) When required. The USAID Settle-
made available pursuant to this Act for ment Review Board shall receive and
carrying out the Foreign Assistance approve all USAID/W and Mission pro-
Act of 1961, as amended, may be used posed settlements or determinations if:
for making payments on any contract (1) The amount of settlement, by
for procurement to which the United agreement or determination, involves
States is a party entered into after the $100,000 or more;
date of enactment of this Act which (2) The settlement or determination
does not contain a provision author- is limited to adjustment of the fee of a
izing the termination of such contract cost-reimbursement contract or sub-
for the convenience of the United contract and: (i) In the case of com-
States. plete termination, the fee, as adjusted,
See, for example, section 110 of the with respect to the terminated portion
Foreign Assistance and Related Agen- of the contract or subcontract is
cies Appropriation Act, 1965. $100,000 or more; or (ii) in the case of a
partial termination, the fee, as ad-
749.111 Review of proposed settle- justed, with respect to the terminated
ments. portion of the contract or subcontract
is $100,000 or more;
749.111–70 Termination settlement re- (3) The head of the contracting activ-
view boards. ity concerned determines that a review
(a) The USAID Settlement Review of a specific case or class of cases is de-
Board shall be composed of the fol- sirable; or
lowing members or their delegates (ex- (4) The contracting officer, in his/her
cept as provided under 749.111–71(b)): discretion, desires review by the board.
(1) M/OAA Director; (b) Level of review. Proposed settle-
(2) Controller; ments in excess of $5 million shall be
(3) General Counsel. reviewed and approved by a board con-
(b) The M/OAA Director or his/her sisting of the M/OAA Director, the
delegate shall be designated as chair- General Counsel, and the Controller,
man of the board. Delegate members of without power of redelegation.
the board shall have broad business and (c) Submission of information. The con-
contracting experience and shall be tracting officer shall submit to the
senior USAID officials. Each member board a statement of the proposed set-
or his/her delegate must be in attend- tlement agreement or determination,
ance in order to conduct business, and supported by such detailed information
the board shall act by majority vote. as is required for an adequate review.
No individual shall serve as a member This information should normally in-
of a board for the review of a proposed clude copies of: (1) The contractor’s or
settlement if he/she has theretofore re- subcontractor’s settlement proposal,
viewed, approved or disapproved or rec- (2) the audit report, (3) the property
ommended approval, disapproval or disposal report and any required ap-

other action with respect to any sub- provals in connection therewith, and
57
Pt. 750 48 CFR Ch. 7 (10–1–19 Edition)
(4) the contracting officer’s memo- dinary Contractual Actions to Protect

randum explaining the settlement. The Foreign Policy Interests of the United
board may, in its discretion, require States.
the submission of additional informa-
tion. Subpart 750.70 [Reserved]
FR 5236, Feb. 13, 1992; 59 FR 33446, June 29, Subpart 750.71—Extraordinary
1994; 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Contractual Actions To Protect
Apr. 19, 2007]
Foreign Policy Interests of the
United States
PART 750—EXTRAORDINARY
CONTRACTUAL ACTIONS 750.7100 Scope of subpart.
This subpart sets forth the standards
Sec. and the procedures for disposition of
requests for extraordinary contractual
Subpart 750.70 [Reserved] actions under Executive Order 11223.
Subpart 750.71—Extraordinary Contractual 750.7101 Authority.

Actions To Protect Foreign Policy Inter- Under section 633 of the Foreign As-
ests of the United States sistance Act of 1961, 75 Stat. 454 (22
U.S.C. 2933), as amended; Executive
750.7100 Scope of subpart.
750.7101 Authority. Order 11223, dated May 12, 1965 (30 FR
750.7102 General policy. 6635), as amended; and Executive Order
750.7103 Definitions. 12163, dated September 29, 1979 (44 FR
750.7104 Types of actions. 56673), as amended, the Administrator
750.7105 Approving authorities. of the U.S. Agency for International
750.7106 Standards for deciding cases. Development has been granted author-
750.7106–1 General.
750.7106–2 Amendments without consider-
ity to provide extraordinary contrac-
ation. tual relief. The Authority is set forth
750.7106–3 Mistakes. in sections 3 and 4 of Executive Order
750.7106–4 Informal commitments. 11223, as follows:
750.7107 Limitations upon exercise of au-
thority. SECTION 3. With respect to cost-type con-
750.7108 Contractual requirements. tracts heretofore or hereafter made with
750.7109 Submission of requests by contrac- non-profit institutions under which no fee is
tors. charged or paid, amendments or modifica-
750.7109–1 Filing requests. tions of such contracts may be made with or
750.7109–2 Form of requests by contractors. without consideration and may be utilized to
750.7109–3 Facts and evidence. accomplish the same things as any original
750.7110 Processing cases. contract could have accomplished, irrespec-
750.7110–1 Investigation. tive of the time or circumstances of the
750.7110–2 Office of General Counsel coordi- making, or of the form of the contract
nation. amended or modified, or of the amending or
750.7110–3 Submission of cases to the M/OAA modifying contract and irrespective of rights
Director. which may have accrued under the contract
750.7110–4 Processing by M/OAA Director. or the amendments or modifications thereof.
750.7110–5 Contract files. SECTION 4. With respect to contracts here-
750.7110–6 Inter-agency coordination. tofore or hereafter made, other than those
described in section 3 of this order, amend-
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. ments and modifications of such contracts
445, (22 U.S.C. 2381) as amended; E.O. 12163, may be made with or without consideration
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., and may be utilized to accomplish the same
p. 435. things as any original contract could have
SOURCE: 49 FR 13257, Apr. 3, 1984, unless accomplished, irrespective of the time or cir-
otherwise noted. cumstances of the making, or the form of the
contract amended or modified, or of the
750.000 Scope of part. amending or modifying contract, and irre-
spective of rights which may have accrued
USAID is not among the agencies under the contract or the amendments or
named in the Act or authorized by the
modifications thereof, if the Secretary of

President to take actions under it; State or the Director of the United States
however, see Subpart 750.71—Extraor- International Development Cooperation
58
Agency (with respect to functions vested in 750.7106 Standards for deciding cases.
or delegated to Director) determines in each
case that such action is necessary to protect 750.7106–1 General.
the foreign policy interests of the United
States. The mere fact that losses occur under
a Government contract is not, by
[49 FR 49472, Dec. 20, 1984, as amended at 62 itself, a sufficient basis for the exercise
FR 40469, July 29, 1997; 64 FR 42042, Aug. 3,
1999]
of the authority conferred by the Exec-
utive Order. Whether, in a particular
750.7102 General policy. case, appropriate action such as
amendment without consideration, cor-
Extra-contractual claims arising rection of a mistake or ambiguity in a
from foreign assistance contracts will contract, or formalization of an infor-
be processed in accordance with this mal commitment, will protect the for-
subpart, which is similar to that uti- eign policy interests of the United
lized to process claims for extraor- States is a matter of sound judgment
dinary relief under (48 CFR) FAR part to be made on the basis of all of the
50, as modified to meet the cir- facts of such case. Although it is obvi-
cumstances involved under the Foreign ously impossible to predict or enu-
Assistance Act and the different au- merate all the types of cases with re-
thority involved. spect to which action may be appro-
[49 FR 13257, Apr. 3, 1984, as amended at 79 priate, examples of certain cases or
FR 74988, Dec. 16, 2014] types of cases where action may be
proper are set forth in sections 750.7106–
750.7103 Definitions. 2 through 750.7106–4. Even if all of the
(a) The term approving authority as factors contained in any of the exam-
used in this subpart means an officer or ples are present, other factors or con-
official having been delegated author- siderations in a particular case may
ity to approve actions under the Execu- warrant denial of the request. These
tive Order. This authority is distin- examples are not intended to exclude
guished from authority to take appro- other cases where the approving au-
priate contractual action pursuant to thority determines that the cir-
such approval. cumstances warrant action.
(b) The term the Executive Order shall
mean Executive Order 11223 (30 FR 6635) 750.7106–2 Amendments without con-
sideration.
as amended, unless otherwise stated.
(c) The term the Act shall mean the (a) Where an actual or threatened
Foreign Assistance Act of 1961, as loss under a foreign assistance con-
amended. tract, however caused, will impair the
productive ability of a contractor
[49 FR 13257, Apr. 3, 1984, as amended at 49 whose continued performance of any
FR 49472, Dec. 20, 1984]
foreign assistance contract or whose
750.7104 Types of actions. continued operation as a source of sup-
ply is found to be essential to protect
Three types of actions may be taken the foreign policy interests of the
by or pursuant to the direction of an United States, the contract may be ad-
approving authority under the Execu- justed but only to the extent necessary
tive Order. These are contractual ad- to avoid such impairment to the con-
justments such as amendments with- tractor’s productive ability.
out consideration, correction of mis- (b) Where a contractor suffers a loss
takes, and formalization of informal (not merely a diminution of antici-
commitments. pated profits) on a foreign assistance
750.7105 Approving authorities. contract as a result of Government ac-
tion, the character of the Government
All authority to approve actions action will generally determine wheth-
under this subpart has been delegated er any adjustment in the contract will
to the M/OAA Director. be made and its extent. Where the Gov-
ernment action is directed primarily at

FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, the contractor and is taken by the
2007] Government in its capacity as the
59
750.7106–3 48 CFR Ch. 7 (10–1–19 Edition)
other contracting party, the contract 750.7107 Limitations upon exercise of

may be adjusted if fairness so requires; authority.
thus where such Government action, (a) The Executive Order is not au-
although not creating any liability on thority for:
its part, increases the cost of perform- (1) The use of the cost-plus-a-percent-
ance, considerations of fairness may age-of-cost system of contracting;
make appropriate some adjustment in (2) The making of any contract in
the contract. violation of existing law relating to
limitation on profit or fees;
750.7106–3 Mistakes. (3) The waiver of any bid, payment
A contract may be amended or modi- performance or other bond required by
fied to correct or mitigate the effect of law.
a mistake, including the following ex- (b) No amendments, or modifications
amples: shall be entered into under the author-
(a) A mistake or ambiguity which ity of the Executive Order:
consists of the failure to express or to (1) Unless, with respect to cases fall-
ing within Section 4 of the Executive
express clearly in the written contract
Order, a finding is made that the ac-
the agreements as both parties under-
tion is necessary to protect the foreign
stood them;
policy interests of the United States;
(b) A mistake on the part of the con- (2) Unless other legal authority in
tractor which is so obvious that it was the Agency is deemed to be lacking or
or should have been apparent to the inadequate;
contracting officer; and (3) Except within the limits of the
(c) A mutual mistake as to a mate- amounts appropriated and the statu-
rial fact. tory contract authorization.
Amending contracts to correct mis- (c) No contract shall be amended or
takes with the least possible delay nor- modified unless the request therefor
mally will protect the foreign policy has been filed before all obligations (in-
interests of the United States by expe- cluding final payment) under the con-
diting the procurement program and by tract have been discharged.
giving contractors proper assurance (d) No informal commitment shall be
that such mistakes will be corrected formalized unless:
expeditiously and fairly. (1) A request for payment has been
filed within six months after arranging
750.7106–4 Informal commitments. to furnish or furnishing property or
services in reliance upon the commit-
Informal commitments may be for- ment;
malized under certain circumstances to (2) USAID has received the services
permit payment to persons who have satisfactorily performed, or has accept-
taken action without a formal con- ed property furnished in reliance on
tract; for example, where any person, the commitment;
pursuant to written or oral instruc- (3) The USAID employees alleged to
tions from an officer or official of the have made the informal commitment
Agency and relying in good faith upon have accepted responsibility for mak-
the apparent authority of the officer or ing the informal commitment in ques-
official to issue such instructions, has tion; and
arranged to furnish or has furnished (4) USAID has taken appropriate ac-
property or services to the agency and/ tion to prevent recurrence.
or to a foreign assistance contractor or [49 FR 13257, Apr. 3, 1984, as amended at 50
subcontractor without formal contrac- FR 16088, Apr. 24, 1985; 53 FR 4982, Feb. 19,
tual coverage for such property or serv- 1988]
ices. Formalization of commitments
under such circumstances normally 750.7108 Contractual requirements.
will protect the foreign policy interests Every contract amended or modified
of the United States by assuring per- pursuant to this subpart shall contain:
sons that they will be treated fairly (a) A citation of the Act and Execu-
and paid expeditiously. tive Order.
60
(b) A brief statement of the cir- officer makes a thorough investigation

cumstances justifying the action; of all facts and issues relevant to each
(c) A recital of the finding, with re- situation. Facts and evidence shall be
spect to cases falling within Section 4 obtained from contractor and Govern-
of the Executive Order, that the action ment personnel and shall include
is necessary to protect the foreign pol- signed statements of material facts
icy interests of the United States. within the knowledge of the individ-
uals where documentary evidence is
750.7109 Submission of requests by lacking and audits where considered
contractors. necessary to establish financial or cost
750.7109–1 Filing requests. related facts. The investigation shall
establish the facts essential to meet
Any person (hereinafter called the the standards for deciding the par-
‘‘contractor’’) seeking an adjustment ticular case and shall address the limi-
under standards set forth in 750.7106 tations upon exercise of the authority
may file a request in duplicate with the of the M/OAA Director to approve the
cognizant contracting officer or his/her request.
duly authorized representative. If such
filing is impracticable, requests will be [62 FR 40469, July 29, 1997, as amended at 64
deemed to be properly filed if filed with FR 42042, Aug. 3, 1999; 72 FR 19670, Apr. 19,
the Chief of the Bureau for Manage- 2007; 79 FR 74997, Dec. 16, 2014]
ment, Office of Acquisition and Assist-
750.7110–2 Office of General Counsel
ance, Evaluation Division (M/OAA/E) coordination.
for forwarding to the cognizant con-
tracting officer. Prior to the submission of a case to
the M/OAA Director recommending ex-
[49 FR 13257, Apr. 3, 1984, as amended at 50 traordinary contractual relief, the
FR 50303, Dec. 10, 1985; 55 FR 6802, Feb. 27,
1990; 56 FR 67225, Dec. 30, 1991; 59 FR 33446,
claim shall be fully developed by the
June 29, 1994; 72 FR 19670, Apr. 19, 2007; 79 FR cognizant contracting officer and con-
74996, Dec. 16, 2014] currences or comments shall be ob-
tained from the Office of General Coun-
750.7109–2 Form of requests by con- sel for the proposed relief to be grant-
tractors. ed. Such concurrences or comments
The contractor’s request shall nor- shall be incorporated in or accompany
mally consist of a letter to the con- the action memorandum submitted for
tracting officer providing the informa- consideration to the M/OAA Director in
tion specified in (48 CFR) FAR 50.103–3. accordance with 750.7110–3.
[49 FR 13257, Apr. 3, 1984, as amended at 79 [62 FR 40469, July 29, 1997, as amended at 64
FR 74996, Dec. 16, 2014] FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
2007]
750.7109–3 Facts and evidence.
The contracting officer or the ap- 750.7110–3 Submission of cases to the
M/OAA Director.
proving authority may, where consid-
ered appropriate, request the con- Cases to be submitted for consider-
tractor to furnish the facts and evi- ation by the M/OAA Director shall be
dence as described in (48 CFR) FAR prepared and forwarded by the cog-
50.103–4. nizant contracting officer through M/
OAA/E to the M/OAA Director by
FR 40469, July 29, 1997; 79 FR 74996, Dec. 16,
means of an action memorandum. M/
2014] OAA/E will review the action memo-
randum for accuracy and completeness.
750.7110 Processing cases. The action memorandum shall provide
for approval or disapproval by the M/
750.7110–1 Investigation. OAA Director of the disposition rec-
The Bureau for Management, Office ommended by the contracting officer.
of Acquisition and Assistance, Evalua- The action memorandum shall address:
tion Division (M/OAA/E) shall be re- (a) The nature of the case;
sponsible for assuring that the case (b) The basis for authority to act
prepared by the cognizant contracting under section 750.7101;
61
750.7110–4 48 CFR Ch. 7 (10–1–19 Edition)
(c) The findings of fact essential to (7) Amount of request.

the case (see 750.7109–3) arranged chron- [62 FR 40469, July 29, 1997, as amended at 64
ologically with cross references to sup- FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
porting enclosures; 2007]
(d) The conclusions drawn from ap-
plying the standards for deciding cases, 750.7110–4 Processing by M/OAA Di-
as set forth in 750.7106, to the findings rector.
of fact; When the action memorandum has
(e) Compliance with the limitations been determined to be as accurate and
upon exercise of authority, as set forth complete as possible and has been pre-
in section 750.7107 (for informal com- pared in accordance with this subpart,
mitments, include statements address- M/OAA/E will forward the action
ing each of the limitations in para- memorandum to the M/OAA Director.
graph (d) of 750.7107): The M/OAA Director will sign and date
(f) Concurrences or comments ob- the action memorandum indicating ap-
proval or disapproval of the disposition
tained from the Office of General Coun-
recommended by the contracting offi-
sel;
cer.
(g) Verification of funds availability
and the contracting officer’s deter- [62 FR 40469, July 29, 1997, as amended at 64
mination of cost/price reasonableness FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
2007]
when the disposition recommended re-
quires payment to a contractor; 750.7110–5 Contract files.
(h) The disposition recommended
The fully executed action memo-
and, if contractual action is rec-
randum indicating approval/dis-
ommended with respect to cases falling
approval and a copy of the contractual
within Section 4 of the Executive
document implementing any approved
Order, the opinion of the contracting
contractual action shall be placed in
officer that such action is necessary to
the contract file.
protect the foreign policy interest of
the United States; and [62 FR 40469, July 29, 1997; 62 FR 47532, Sept.
(i) The action memorandum shall en- 9, 1997]
close all evidentiary materials, includ- 750.7110–6 Inter-agency coordination.
ing the reports and comments of all
cognizant Government or other offi- (a) General. Where a case involves
cials, and a copy of the contractor’s re- matters of interest to more than one
quest. The action memorandum should department or agency, USAID should
provide the following information re- maintain liaison with other depart-
lated to the contractor’s request, as ap- ments and agencies of the Government
plicable: and take such joint action as may be
proper under the circumstances, in-
(1) Date of request;
cluding holding joint meetings.
(2) Date request received by USAID: (b) Cases involving funds of other de-
(3) Contract number; partments or agencies. Requests for ad-
(4) Contractor’s name and address; justment within any category, involv-
(5) Name, address, and phone number ing the funds of another department or
of contractor’s representative; agency, shall not be approved by
(6) Name, office symbol, and phone USAID until advice is requested and re-
number of cognizant contracting offi- ceived from the department or agency
cer; whose funds are involved.
62
SUBCHAPTER H—CLAUSES AND FORMS
PART 752—SOLICITATION PROVI- 752.236–70 Standards for accessibility for the

disabled in USAID construction con-
SIONS AND CONTRACT tracts.
CLAUSES 752.242–70 Periodic progress reports.
752.245–70 Government property—USAID re-
Subpart 752.1—Instructions for Using porting requirements.
Provisions and Clauses 752.245–71 Title to and care of property.
752.247–70 Preference for privately owned
Sec. U.S.-flag commercial vessels.
752.102 Incorporating provisions and 752.252–1 AIDAR solicitation provisions in-
clauses. corporated by reference
752.107 AIDAR provisions and clauses pre- 752.252–2 AIDAR clauses incorporated by
scribed in this subpart. reference
752.252–70 Provisions and clauses to be com-
Subpart 752.2—Texts of Provisions and pleted by the offeror.
Clauses
Subpart 752.70—Texts of USAID Contract
752.200 Scope of subpart. Clauses
752.202–1 Definitions.
752.204–2 Security requirements. 752.7000 Scope of subpart.
752.204–70 Partner vetting pre-award re- 752.7001 Biographical data.
quirements. 752.7002 Travel and transportation.
752.204–71 Partner vetting. 752.7003 Documentation for payment.
752.204–72 Access to USAID facilities and 752.7004 Emergency locator information.
USAID’s information systems. 752.7005 Submission requirements for devel-
752.209–71 Organizational conflicts of inter- opment experience documents.
est discovered after award. 752.7006 Notices.
752.211–70 Language and measurement. 752.7007 Personnel compensation.
752.216–70 Award fee. 752.7008 Use of Government facilities or per-
752.216–71 Partner vetting in indefinite de- sonnel.
livery contracts. 752.7009 Marking.
752.219–8 Utilization of small business con- 752.7010 Conversion of U.S. dollars to local
cerns and small disadvantaged business currency.
concerns. 752.7011 Orientation and language training.
752.219–70 USAID Mentor-Protégé Program. 752.7012 Protection of the individual as a re-
752.219–71 Mentor requirements and evalua- search subject.
tion. 752.7013 Contractor-mission relationships.
752.222–70 USAID Disability Policy. 752.7014 Notice of changes in travel regula-
752.222–71 Nondiscrimination. tions.
752.225–9 Buy American Act—Trade Agree- 752.7015 Use of pouch facilities.
ments Act—Balance of Payments Pro- 752.7016–752.7017 [Reserved]
gram. 752.7018 Health and accident coverage for
725.225–70 Source and nationality require- USAID participant trainees.
ments. 752.7019 Participant training.
752.226–1—752.226–3 [Reserved] 752.7020 [Reserved]
752.227–14 Rights in Data—general. 752.7021 Changes in tuition and fees.
752.227–70 Patent reporting procedures. 752.7022 Conflicts between contract and
752.228–3 Worker’s compensation insurance catalog.
(Defense Base Act). 752.7023 Required visa form for USAID par-
752.228–7 Insurance—liability to third per- ticipants.
sons 752.7024 Withdrawal of students.
752.228–9 Cargo insurance. 752.7025 Approvals.
752.228–70 Medical Evacuation (MEDEVAC) 752.7026 [Reserved]
Services. 752.7027 Personnel.
752.229–70 Federal, state and local taxes. 752.7028 Differential and allowances.
752.229–71 Reporting of foreign taxes. 752.7029 Post privileges.
752.231–71 Salary supplements for HG em- 752.7030 Inspection trips by contractor’s of-
ployees. ficers and executives.
752.231–72 Conference planning and required 752.7031 Leave and holidays.
approvals. 752.7032 International travel approval and
752.232–7 Payments under time-and-mate- notification requirements.

rials and labor-hour contracts. 752.7033 Physical fitness.
752.232–70 Letter of credit advance payment. 752.7034 Acknowledgement and disclaimer.
63
752.102 48 CFR Ch. 7 (10–1–19 Edition)
752.7035 Public notices. 752.102 Incorporating provisions and
752.7036 USAID Implementing Partner No- clauses.
tices (IPN) portal for acquisition.
752.7037 Child safeguarding standards. (a) As authorized by FAR 52.102, FAR
752.7038 Nondiscrimination against End- and AIDAR provisions and clauses
Users of Supplies or Services. should be incorporated by reference in
solicitations and contracts to the max-
Subpart 752.3–70—USAID Clause Matrices
[Reserved] imum practical extent, except as pro-
vided in paragraph (b) of this section.
AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat. For provisions that require fill-ins or
445, (22 U.S.C. 2381) as amended; E.O. 12163, input by the contracting officer, the
Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., paragraph that contains the fill-in in-
p. 435. formation must be included directly
SOURCE: 49 FR 13259, Apr. 3, 1984, unless below the title of the provision or
otherwise noted. clause.
(b) If applicable, the following
Subpart 752.1—Instructions for AIDAR provisions and clauses must be
Using Provisions and Clauses incorporated in full text in all solicita-
tions and awards:
SOURCE: 79 FR 74997, Dec. 16, 2014, unless
otherwise noted.
No. AIDAR Title Date

(48 CFR chapter 7)
752.225–4 ....................................... Buy American Act—Trade Agreements .................................................. July 1997.

752.232–70 ..................................... Letter of Credit Advance Payment .......................................................... Mar 2015.
752.245–70 ..................................... Government property—USAID reporting requirements .......................... July 1997.
752.7003 ......................................... Documentation for payment .................................................................... Nov 1998.
(c) Contracting activities may choose or 52.252–2, Clauses Incorporated by

to incorporate provisions in full text, Reference.
when:
(1) A new clause or significant revi- 752.107 AIDAR provisions and clauses
prescribed in this subpart.
sions to an existing clause is issued
less than six months prior to issuance (a) The contracting officer must in-
of a solicitation or a contract award; sert the provision at 752.252–1, Solicita-
(2) Listing a clause in full text will tion Provisions Incorporated by Ref-
ensure compliance with the contract erence, in solicitations in order to in-
corporate AIDAR provisions by ref-
terms and conditions;
erence.
(3) Inclusion of clauses in full text is
(b) The contracting officer must in-
more practical under the local condi-
sert the clause at 752.252–2, AIDAR
tions (e.g., situations where doing so Clauses Incorporated by Reference, in
will assist small local entities, the pro- solicitations and contracts in order in-
spective contractors may have limited corporate AIDAR clauses by reference.
Internet access, etc.). (c) The contracting officer must in-
(d) If a solicitation or contract con- sert the provision at 752.252–70, Provi-
tains one or more FAR provisions or sions and Clauses to be Completed by
clauses incorporated by reference, the the Offeror, in full text in solicitations
contracting officer must insert the fol- or contract containing FAR or AIDAR
lowing Internet address: http:// provision(s) or clause(s) that must be
www.acquisition.gov/comp/far/index.html completed by offerors or prospective
in FAR clause 52.252–1, Solicitation contractors and submitted with the
Provisions Incorporated by Reference quotation or offer.
64
Subpart 752.2—Texts of Provisions (g) Cooperating Country or Countries shall

mean the foreign country or countries in or
and Clauses for which services are to be rendered here-
under.
752.200 Scope of subpart. (h) Cooperating Government shall mean the
None of the clauses specified in this government of the Cooperating Country.
subpart are for use in USAID personal (i) Federal Acquisition Regulations (FAR),
services contracts. For personal serv- when referred to herein shall include U.S.
Agency for International Development Ac-
ices contract clauses, see (48 CFR) quisition Regulations (AIDAR).
AIDAR Appendix D—Direct USAID (j) Government shall mean the United
Contracts with U.S. Citizens or U.S. States Government.
Residents for Personal Services Abroad (k) Mission shall mean the United States
and (48 CFR) AIDAR Appendix J—Di- AID Mission to, or principal USAID office in,
rect USAID Contracts with Cooper- the Cooperating Country.
ating Country Nationals and with (l) Mission Director shall mean the principal
Third Country Nationals for Personal officer in the Mission in the Cooperating
Country, or his/her designated representa-
Services Abroad.
tive.
FR 11450, Apr. 3, 1986; 51 FR 12706, Apr. 15,
(c) Alternate 71. For use in USAID
1986; 57 FR 5236, Feb. 13, 1992; 62 FR 40469, contracts with an educational institu-
July 29, 1997; 79 FR 74988, Dec. 16, 2014] tion for participant training. Use in ad-
dition to the clauses in (48 CFR) FAR
752.202–1 Definitions. 52.202–1 and in 752.202–1(b) of this chap-
(a) As prescribed in 702.270 and in (48 ter.
CFR) FAR Subpart 2.2, USAID con-
tracts use the Definitions clause in (48 USAID DEFINITIONS CLAUSE—SUPPLEMENT
FOR CONTRACTS WITH AN EDUCATIONAL IN-
CFR) FAR 52.202–1 and its Alternate I, STITUTION FOR PARTICIPANT TRAINING (MAY
as appropriate, and the following addi- 2011)
tional definitions.
(b) Alternate 70. For use in all USAID (a) Catalog shall mean any medium by
which the Institution publicly announces
contracts. Use in addition to the clause terms and conditions for enrollment in the
in FAR 52.202–1. Institution, including tuition and fees to be
charged. This includes ‘‘bulletins,’’ ‘‘an-
USAID DEFINITIONS CLAUSE—GENERAL SUP-
nouncements,’’ or any other similar word the
PLEMENT FOR USE IN ALL USAID CON-
Institution may use.
TRACTS (JAN 1990)
(b) Director shall mean the individual who
(a) USAID shall mean the U.S. Agency for fills the USAID position of Director, Bureau
International Development. for Economic Growth, Education and Envi-
(b) Administrator shall mean the Adminis- ronment, Office of Education (E3/ED), or au-
trator or the Deputy Administrator of thorized representative acting within the
USAID. limits of the individual’s authority.
(c) When this contract is with an edu- (c) Fees shall mean those applicable
cational institution Campus Coordinator shall charges directly related to enrollment in the
mean the representative of the Contractor at Institution. This shall not include any per-
the Contractor’s home institution, who shall mit charge (e.g., parking, vehicle registra-
be responsible for coordinating the activities tion), or charges for services of a personal
carried out under the contract. nature (e.g., food, housing, laundry) unless
(d) When this contract is with an edu- specifically called for in this contract.
cational institution Campus Personnel shall (d) Institution shall mean the educational
mean representatives of the Contractor per- institution providing services hereunder. The
forming services under the contract at the terms ‘‘Institution’’ and ‘‘Contractor’’ are
Contractor’s home institution and shall in- synonymous.
clude the Campus Coordinator. (e) Tuition shall mean the amount of
(e) Consultant shall mean any especially money charged by an institution for instruc-
well qualified person who is engaged, on a tion, not including fees as described in this
temporary or intermittent basis to advise section.
the Contractor and who is not an officer or
employee of the Contractor who performs
(d) Alternate 72. For use in all USAID
other duties for the Contractor. contracts which involve any perform-
ance overseas. Use in addition to the
(f) Contractor employee shall mean an em-

ployee of the Contractor assigned to work clauses in (48 CFR) FAR 52.202–1 and in
under this contract. 752.202–1(b) of this chapter.
65
752.204–2 48 CFR Ch. 7 (10–1–19 Edition)
USAID DEFINITIONS CLAUSE—SUPPLEMENT tion designated as ‘‘Sensitive But Unclassi-
FOR USAID CONTRACTS INVOLVING PER- fied’’. Therefore, when the clause in (48 CFR)
FORMANCE OVERSEAS (JUN 2009) FAR 52.204–2 is used in USAID contracts,
pursuant to 704.404(a), paragraph (a) of the
(a) Contractor’s Chief of Party shall mean
the representative of the Contractor in the clause is revised as follows:
(a) This clause applies to the extent that
Cooperating Country who shall be respon-
sible for supervision of the performance of this contract involves access to classified
all duties undertaken by the Contractor in (‘Confidential’, ‘Secret’, or ‘Top Secret’), or
the Cooperating Country. administratively controlled (‘Sensitive But
(b) Cooperating Country National (CCN) em- Unclassified’) information.
ployee means an individual who meets the [79 FR 74997, Dec. 16, 2014]
citizenship requirements of the CCN defini-
tion in (48 CFR) AIDAR 702.170 and is hired 752.204–70 Partner vetting pre-award
while residing outside the United States for requirements.
work in a cooperating country.
(c) Dependents shall mean: As prescribed in (48 CFR) AIDAR
(1) Spouse; 704.7005(a), insert the following provi-
(2) Children (including step and adopted sion in all solicitations subject to vet-
children) who are unmarried and under 21 ting:
years of age or, regardless of age, are incapa-
ble of self support. PARTNER VETTING PRE-AWARD REQUIREMENTS
(3) Parents (including step and legally (FEB 2012)
adoptive parents), of the employee or of the (a) USAID has determined that any con-
spouse, when such parents are at least 51 per- tract resulting from this solicitation is sub-
cent dependent on the employee for support; ject to vetting. Terms used in this provision
and are defined in paragraph (b) of the (48 CFR)
(4) Sisters and brothers (including step or AIDAR clause at 752.204–71 Partner Vetting,
adoptive sisters or brothers) of the employee, of this solicitation. An offeror that has not
or of the spouse, when such sisters and passed vetting is ineligible for award.
brothers are at least 51 percent dependent on (b) The following are the vetting proce-
the employee for support, unmarried and dures for this solicitation:
under 21 years of age, or regardless of age, (1) Prospective offerors review the at-
are incapable of self support. tached USAID Partner Information Form,
(d) Local currency shall mean the currency USAID Form 500–13, and submit any ques-
of the Cooperating Country.
tions about the USAID Partner Information
(e) Regular employee shall mean a Con-
Form or these procedures to the contracting
tractor employee appointed to serve one year
officer by the deadline for questions in the
or more in the Cooperating Country.
solicitation.
(f) Short-term employee shall mean a Con-
(2) The contracting officer notifies the of-
tractor employee appointed to serve less
feror when to submit the USAID Partner In-
than one year in the Cooperating Country.
formation Form. For this solicitation,
(g) Third Country National (TCN) employee
means an individual who meets the citizen- USAID will vet at [insert in the provision the
ship requirements of the TCN definition in applicable stage of the source selection process
(48 CFR) AIDAR 702.170 and is hired while re- at which the contracting officer will notify the
siding outside the United States for work in offeror(s) who must be vetted]. Within the
a Cooperating Country. timeframe set by the contracting officer in
the notification, the offeror must complete
[49 FR 13259, Apr. 3, 1984, as amended at 52 and submit the information on the USAID
FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, Partner Information Form in accordance
1987; 55 FR 6802, Feb. 27, 1990; 64 FR 42042, with instructions from the vetting official
Aug. 3, 1999; 79 FR 74988, 74997, Dec. 16, 2014] named in paragraph (d) of the (48 CFR)
AIDAR clause at 752.204–71 Partner Vetting,
752.204–2 Security requirements. of this solicitation.
As prescribed in (48 CFR) AIDAR NOTE: Offerors who submit using non-se-
704.404(a), when the clause in (48 CFR) cure methods of transmission do so at their
FAR 52.204–2 is used in USAID con- own risk.
tracts, paragraph (a) of the clause is re- (3) The offerors must notify proposed sub-
vised as follows: contractors of this requirement when the
subcontractors are subject to vetting.
SECURITY REQUIREMENTS (FEB 1999)
(c) Source selection proceeds separately
Pursuant to the Foreign Affairs Manual, 12 from vetting. Vetting is conducted independ-
FAM 540 (http://www.state.gov/documents/orga- ently from any discussions the contracting
nization/88404.pdf), USAID applies the safe- officer may have with an offeror. The offeror
guards applicable to ‘‘Confidential’’ informa- and any subcontractor subject to vetting
tion to administratively controlled informa- must not provide vetting information to
66
other than the vetting official. The offeror cer may award only to an apparently suc-
and any subcontractor subject to vetting cessful offeror that has passed vetting.
will communicate only with the vetting offi-
cial regarding their vetting submission(s)
FR 74988, Dec. 16, 2014]
and not with any other USAID or USG per-
sonnel, including the contracting officer or
752.204–71 Partner vetting.
his/her representatives. Exchanges between
the Government and an offeror about vetting As prescribed in (48 CFR) AIDAR
information submitted by the offeror or any 704.7005(b)(1) and 716.506(a), insert the
proposed subcontractor are clarifications in following clause in all contracts sub-
accordance with (48 CFR) FAR 15.306(a) (48 ject to vetting:
CFR 15.306(a)). The contracting officer des-
ignates the vetting official as the only indi- PARTNER VETTING (FEB 2012)
vidual authorized to clarify the offeror’s and
proposed subcontractor’s vetting informa- (a) The contractor must comply with the
vetting requirements for key individuals
tion.
under this contract.
(d)(1) The vetting official notifies the offer-
(b) Definitions. As used in this provision—
or that it:
Key individual means:
(i) Has passed vetting, (i) Principal officers of the organization’s
(ii) Has not passed vetting, or governing body (e.g., chairman, vice chair-
(iii) Must provide additional information, man, treasurer and secretary of the board of
and resubmit the USAID Partner Informa- directors or board of trustees);
tion Form with the additional information (ii) The principal officer and deputy prin-
within the number of days the vetting offi- cipal officer of the organization (e.g., execu-
cial specified in the notification. tive director, deputy director, president, vice
(2) The vetting official will include in the president);
notification any information that USAID’s (iii) The program manager or chief of party
Office of Security (SEC) determines releas- for the USG-financed program; and
able. In its determination, SEC will take (iv) Any other person with significant re-
into consideration the classification or sen- sponsibilities for administration of the USG-
sitivity of the information, the need to pro- financed activities or resources, such as key
tect sources and methods, or status of ongo- personnel as described in Automated Direc-
ing law enforcement and intelligence com- tives System Chapter 302. Key personnel,
munity investigations or operations. whether or not they are employees of the
(e) Reconsideration. (1) Within 7 calendar prime contractor, must be vetted.
days after the date of the vetting official’s Vetting official means the USAID employee
notification, an offeror that has not passed identified in paragraph (d) of this clause as
vetting may request in writing to the vet- having responsibility for receiving vetting
ting official that the Agency reconsider the information, responding to questions about
vetting determination. The request should information to be included on the USAID
include any written explanation, legal docu- Partner Information Form, USAID Form
mentation and any other relevant written 500–13, coordinating with the USAID Office of
material for reconsideration. Security, and conveying the vetting deter-
(2) Within 7 calendar days after the vetting mination to each offeror, potential sub-
official receives the request for reconsider- contractors subject to vetting, and to the
ation, the Agency will determine whether contracting officer. The vetting official is
the offeror’s additional information warrants not part of the contracting office and has no
a revised decision. involvement in the source selection process.
(3) The Agency’s determination of whether (c) The Contractor must submit a USAID
reconsideration is warranted is final. Partner Information Form, USAID Form
(f) Revisions to vetting information. (1) 500–13, to the vetting official identified below
Offerors who change key individuals, wheth- during the contract when the Contractor re-
er the offeror has previously passed vetting places key individuals with individuals who
or not, must submit a revised USAID Part- have not been previously vetting for this
ner Information Form to the vetting official. contract. Note: USAID will not approve any
This includes changes to key personnel re- key personnel who have not passed vetting.
sulting from revisions to the technical pro- (d) The designated vetting official is:
posal. Vetting official:
(2) The vetting official will follow the vet- llllllllllllllllllllllll
ting process in paragraph (d) of this clause Address:
for any revision of the offeror’s Form. llllllllllllllllllllllll
(g) Award. At the time of award, the con-
llllllllllllllllllllllll
tracting officer will confirm with the vetting

official that the apparently successful offer- Email: llllllllll (for inquiries
or has passed vetting. The contracting offi- only)
67
752.204–72 48 CFR Ch. 7 (10–1–19 Edition)
(e)(1) The vetting official will notify the USAID Form 500–13, to the vetting official
Contractor that it— identified in paragraph (d) of this clause. The
(i) Has passed vetting, contracting officer must not consent to
(ii) Has not passed vetting, or award of a subcontract to any organization
(iii) Must provide additional information, that has not passed vetting when required.
and resubmit the USAID Partner Informa- (2) In addition, prospective subcontractors
tion Form with the additional information at any tier providing the following classes of
within the number of days the vetting offi- items (supplies and services):
cial specifies. llllllllllllllllllllllll
(2) The vetting official will include in the
llllllllllllllllllllllll
notification any information that USAID’s
Office of Security (SEC) determines releas- llllllllllllllllllllllll
able. In its determination, SEC will take must pass vetting. Contractors must not
into consideration the classification or sen- place subcontracts for these classes of items
sitivity of the information, the need to pro- until they receive confirmation from the
tect sources and methods, or status of ongo- vetting official that the prospective subcon-
ing law enforcement and intelligence com- tractor has passed vetting.
munity investigations or operations. (i) The contractor agrees to incorporate
(f) Reconsideration. (1) Within 7 calendar the substance of this clause in all sub-
days after the date of the vetting official’s contracts under this contract.
notification, the contractor or prospective
subcontractor that has not passed vetting [77 FR 8171, Feb. 14, 2012, as amended at 79
may request in writing to the vetting official FR 74988, Dec. 16, 2014]
that the Agency reconsider the vetting de-
termination. The request should include any 752.204–72 Access to USAID facilities
written explanation, legal documentation and USAID’s information systems.
and any other relevant written material for
As prescribed in (48 CFR) AIDAR
reconsideration.
(2) Within 7 calendar days after the vetting 704.404(b), insert the following clause in
official receives the request for reconsider- all solicitations and contracts that
ation, the Agency will determine whether contain the provision at (48 CFR) FAR
the contractor’s additional information war- 52.204–9(a):
rants a revised decision.
(3) The Agency’s determination of whether ACCESS TO USAID FACILITIES AND USAID’S
reconsideration is warranted is final. INFORMATION SYSTEMS (AUG 2013)
(g) A notification that the Contractor has
(a) A U.S. citizen or resident alien engaged
passed vetting does not constitute any other
in the performance of this award as an em-
approval under this contract.
ployee, consultant, or volunteer of a U.S
(h) When the contractor anticipates award-
firm may obtain access to USAID facilities
ing a subcontract for which consent is re-
or logical access to USAID’s information
quired under (48 CFR) FAR clause 52.244–2,
systems only when and to the extent nec-
Subcontracts, the subcontract is subject to
essary to carry out this award and in accord-
vetting. The prospective subcontractor must
ance with this clause. The contractor’s em-
submit a USAID Partner Information Form,
ployees, consultants, or volunteers who are
USAID Form 500–13, to the vetting official
not U.S. citizen as well as employees, con-
identified in paragraph (d) of this clause. The
sultants, or volunteers of non-U.S. firms, ir-
contracting officer must not consent to
respective of their citizenship, will not be
award of a subcontract to any organization
granted logical access to U.S. Government
that has not passed vetting when required.
(i) The contractor agrees to incorporate information technology systems (such as
the substance of paragraphs (a) through (g) Phoenix, GLAAS, etc.) and must be escorted
of this clause in all subcontracts under this to use U.S. Government facilities (such as of-
contract. fice space).
(b) Before a contractor (or a contractor
(End of clause) employee, consultant, or volunteer) or sub-
contractor at any tier may obtain a USAID
Alternate I (FEB 2012). As prescribed ID (new or replacement) authorizing the in-
in 704.7005(b)(2), substitute paragraphs dividual routine access to USAID facilities
(h) and (i) below for paragraphs (h) and in the United States, or logical access to
(i) of the basic clause: USAID’s information systems, the individual
must provide two forms of identity source
(h)(1) When the contractor anticipates documents in original form to the Enroll-
awarding a subcontract for which consent is ment Office personnel when undergoing proc-
required under (48 CFR) FAR clause 52.244–2, essing. One identity source document must
Subcontracts, the subcontract is subject to be a valid Federal or State Government-

vetting. The prospective subcontractor must issued picture ID. Contractors may contact
submit a USAID Partner Information Form, the USAID Security Office to obtain the list
68
of acceptable forms of documentation. Sub- (End of clause)
mission of these documents, to include docu-
mentation of security background investiga- [58 FR 42255, Aug. 9, 1993, as amended at 64
tions, are mandatory in order for the con- FR 5008, Feb. 2, 1999; 79 FR 74988, 74998, Dec.
tractor to receive a PIV/FAC card and be 16, 2014]
granted access to any of USAID’s informa-
tion systems. All such individuals must 752.211–70 Language and measure-
physically present these two source document.
ments for identity proofing at their enroll-
ment. The following clause shall be used in
(c) The contractor or its Facilities Secu- all USAID-direct contracts.
rity Officer must return any issued building
access ID and remote authentication token LANGUAGE AND MEASUREMENT (JUN 1992)
to the contracting officer’s representative (a) The English language shall be used in
(COR) upon termination of the individual’s all written communications between the par-
employment with the contractor or comple- ties under this contract with respect to serv-
tion of the contract, whichever occurs first. ices to be rendered and with respect to all
(d) Individuals engaged in the performance documents prepared by the contractor except
of this award as employees, consultants, or as otherwise provided in the contract or as
volunteers of the contractor must comply authorized by the contracting officer.
with all applicable Homeland Security Presi- (b) Wherever measurements are required or
dential Directive–12 (HSPD–12) and Personal authorized, they shall be made, computed,
Identity Verification (PIV) procedures, as and recorded in metric system units of meas-
described above, and any subsequent USAID urement, unless otherwise authorized by
or Government-wide HSPD–12 and PIV proce- USAID in writing when it has found that
dures/policies. such usage is impractical or is likely to
(e) The contractor is required to insert this cause U.S. firms to experience significant in-
clause in any subcontracts that require the efficiencies or the loss of markets. Where the
subcontractor, subcontractor employee, or metric system is not the predominant stand-
consultant to have routine physical access to ard for a particular application, measure-
USAID space or logical access to USAID’s in- ments may be expressed in both the metric
formation systems. and the traditional equivalent units, pro-
vided the metric units are listed first.
[79 FR 74998, Dec. 16, 2014]
(End of clause)
752.209–71 Organizational conflicts of
interest discovered after award.
[57 FR 23321, June 3, 1992. Redesignated at 61
As prescribed in 709.507–2, insert the FR 39095, July 26, 1996]
following clause in any solicitation
containing a provision in accordance 752.216–70 Award fee.
with (48 CFR) FAR 9.507–1, or a clause As prescribed in 716.406, insert the
in accordance with (48 CFR) FAR 9.507– following clause in solicitations and
2, establishing a restraint on the con- contracts in which an award-fee con-
tractor’s eligibility for future contract is contemplated.
tracts.
AWARD FEE (MAY 1997)
ORGANIZATIONAL CONFLICTS OF INTEREST
DISCOVERED AFTER AWARD (JUN 1993) (a) The Government shall pay the Con-
tractor for performing this contract such
(a) The Contractor agrees that, if after base fee and such additional fee as may be
award it discovers either an actual or poten- awarded, as provided in the Schedule.
tial organizational conflict of interest with (b) Payment of the base fee and award fee
respect to this contract, it shall make an im- shall be made as specified in the Schedule;
mediate and full disclosure in writing to the provided, that after payment of 85 percent of
contracting officer which shall include a de- the base fee and potential award fee, the con-
scription of the action(s) which the Con- tracting officer may withhold further pay-
tractor has taken or proposes to take to ment of the base fee and award fee until a re-
avoid, eliminate or neutralize the conflict. serve is set aside in an amount that the con-
(b) The contracting officer shall provide tracting officer considers necessary to pro-
the contractor with written instructions tect the Government’s interest. This reserve
concerning the conflict. USAID reserves the shall not exceed 15 percent of the total base
right to terminate the contract if such ac- fee and potential award fee or $100,000,
tion is determined to be in the best interest whichever is less. The contracting officer
of the Government. shall release 75 percent of all fee withholds
69
752.216–71 48 CFR Ch. 7 (10–1–19 Edition)
under this contract after receipt of the cer- and has no involvement in the source selec-
tified final indirect cost rate proposal cov- tion process.
ering the year of physical completion of this (c) The contractor must submit a USAID
contract, provided the Contractor has satis- Partner Information Form, USAID Form
fied all other contract terms and conditions, 500–13 to the designated vetting official:
including the submission of the final patent (1) when the contractor replaces key indi-
and royalty reports, and is not delinquent in viduals under the basic contract with indi-
submitting final vouchers on prior years’ viduals who have not been previously vetted.
settlements. The contracting officer may re- (2) when the contractor replaces key indi-
lease up to 90 percent of the fee withholds viduals under an order subject to vetting
under this contract based on the Contrac- with individuals who have not been pre-
tor’s past performance related to the submis- viously vetted. For changes to any key indi-
sion and settlement of final indirect cost viduals associated with both the basic con-
rate proposals. tract and any orders subject to vetting, the
contractor must submit updated vetting
(End of clause) forms to each designated vetting official.
Note: USAID will not approve any key per-
[64 FR 5008, Feb. 2, 1999, as amended at 79 FR sonnel who have not passed vetting.
74988, 74998, Dec. 16, 2014] (d)(1) The designated vetting official for
the basic contract is:
752.216–71 Partner vetting in indefi- Vetting official:
nite delivery contracts. llllllllllllllllllllllll
Address:
As prescribed in (48 CFR) AIDAR llllllllllllllllllllllll
716.506(b)(1), insert the following clause
in all indefinite-delivery contracts sub- llllllllllllllllllllllll
ject to vetting: Email: llllllllll (for inquiries
only)
PARTNER VETTING IN INDEFINITE DELIVERY (2) Each order subject to vetting will iden-
CONTRACTS (FEB 2012) tify the vetting official for that order. The
contractor must submit vetting information
(a) The contractor must comply with the
specific to an order to the vetting official
vetting requirements for key individuals
identified in that order.
under this contract and in any orders that
(e)(1) The vetting official will notify the
are identified as subject to vetting.
contractor that it—
(b) Definitions. As used in this provision—
(i) Has passed vetting,
Key individual means: (ii) Has not passed vetting, or
(i) Principal officers of the organization’s (iii) Must provide additional information,
governing body (e.g., chairman, vice chair- and resubmit the USAID Partner Informa-
man, treasurer and secretary of the board of tion Form with the additional information
directors or board of trustees); within the number of days the vetting offi-
(ii) The principal officer and deputy prin- cial specifies.
cipal officer of the organization (e.g., execu- (2) The vetting official will include in the
tive director, deputy director, president, vice notification any information that USAID’s
president); Office of Security (SEC) determines releas-
(iii) The program manager or chief of party able. In its determination, SEC will take
for the USG-financed program; and into consideration the classification or sen-
(iv) Any other person with significant re- sitivity of the information, the need to pro-
sponsibilities for administration of the USG- tect sources and methods, or status of ongo-
financed activities or resources, such as key ing law enforcement and intelligence com-
personnel as described in Automated Direc- munity investigations or operations.
tives System Chapter 302. Key personnel, (f) Reconsideration. (1) Within 7 calendar
whether or not they are employees of the days after the date of the vetting official’s
prime contractor, must be vetted. notification, the contractor or prospective
Vetting official means the USAID employee subcontractor that has not passed vetting
identified in paragraph (d) of this clause as may request in writing to the vetting official
having responsibility for receiving vetting that the Agency reconsider the vetting de-
information, responding to questions about termination. The request should include any
information to be included on the USAID written explanation, legal documentation
Partner Information Form, USAID Form and any other relevant written material for
500–13, coordinating with the USAID Office of reconsideration.
Security, and conveying the vetting deter- (2) Within 7 calendar days after the vetting
mination to each contractor, potential sub- official receives the request for reconsider-
contractors subject to vetting, and to the ation, the Agency will determine whether
cognizant contracting officer. The vetting the contractor’s additional information war-
official is not part of the contracting office rants a revised decision.
70
(3) The Agency’s determination of whether sideration, the Agency will determine wheth-
reconsideration is warranted is final. er the contractor’s additional information
(g) A notification that the contractor has warrants a revised decision.
passed vetting does not constitute any other (iii) The Agency’s determination of wheth-
approval under this contract. er reconsideration is warranted is final.
(h) The request for task or delivery order (6) Revisions to vetting information. (i) Be-
proposals will identify whether the order is fore the order is awarded, any awardee who
subject to vetting. The following are the pro- changes key individuals, whether it has pre-
cedures for vetting orders under this con- viously passed vetting or not, must submit a
tract. Note that the term ‘‘awardee’’ as used revised USAID Partner Information Form to
below refers to a contractor under multiple- the vetting official. This includes changes to
award indefinite-delivery contracts, con- key personnel resulting from revisions to the
sistent with the use of the term in (48 CFR) technical proposal.
FAR 16.505(b): (ii) The order vetting official will follow
(1) The contracting officer will notify the the vetting process in paragraph (e) of this
awardees when to complete and submit the clause for any revision of the awardee’s
USAID Partner Information Form to the Form.
vetting official named in the request for (7) Award of order. The contracting officer
order proposals. Note: Awardees who submit may award an order subject to vetting only
using non-secure methods of transmission do to an apparently successful awardee that has
so at their own risk. passed vetting for that order.
(2) The awardee must notify proposed sub-
(i) When the contractor anticipates award-
contractors of this requirement when the
ing a subcontract for which consent is re-
subcontractors are subject to vetting.
quired under (48 CFR) FAR clause 52.244–2,
(3) The fair opportunity process proceeds
Subcontracts, the subcontract is subject to
separately from vetting. Vetting is con-
vetting. The prospective subcontractor must
ducted independently from any discussions
submit a USAID Partner Information Form,
the contracting officer may have with an
awardee. The awardee and any subcontractor USAID Form 500–13, to the designated vet-
subject to vetting must not provide vetting ting official. The contracting officer must
information to other than the vetting offi- not consent to award of a subcontract to any
cial identified in the request for order pro- organization that has not passed vetting
posal. The awardee and any subcontractor when required.
subject to vetting will communicate only (j) The contractor agrees to incorporate
with the vetting official regarding their vet- the substance of paragraphs (a) through (g)
ting submission(s) and not with any other of this clause in all subcontracts under this
USAID or USG personnel, including the con- contract.
tracting officer or his/her representatives.
(4)(i) The vetting official notifies the (End of clause)
awardee that it:
Alternate I (FEB 2012). As prescribed
(A) Has passed vetting,
(B) Has not passed vetting, or in 716.506(b), substitute paragraphs (i)
(C) Must provide additional information, and (j) below for paragraphs (i) and (j)
and resubmit the USAID Partner Informa- of the basic clause:
tion Form with the additional information
(i)(1) When the contractor anticipates
within the number of days the vetting offi-
awarding a subcontract for which consent is
cial specified in the notification.
(ii) The vetting official will include in the required under (48 CFR) FAR clause 52.244–2,
notification any information that USAID’s Subcontracts, the subcontract is subject to
Office of Security (SEC) determines releas- vetting. The prospective subcontractor must
able. In its determination, SEC will take submit a USAID Partner Information Form,
into consideration the classification or sen- USAID Form 500–13, to the designated vet-
sitivity of the information, the need to pro- ting official. The contracting officer must
tect sources and methods, or status of ongo- not consent to award of a subcontract to any
ing law enforcement and intelligence com- organization that has not passed vetting
munity investigations or operations. when required.
(5) Reconsideration. (i) Within 7 calendar (2) In addition, prospective subcontractors
days after the date of the vetting official’s at any tier providing the following classes of
notification, an awardee that has not passed items (supplies and services):
vetting may request in writing to the vet- llllllllllllllllllllllll
ting official that the Agency reconsider the llllllllllllllllllllllll
vetting determination. The request should llllllllllllllllllllllll
include any written explanation, legal docu- must pass vetting. Contractors must not
mentation and any other relevant written place subcontracts for these classes of items
material for reconsideration. until they receive confirmation from the

(ii) Within 7 calendar days after the vet- vetting official that the prospective subcon-
ting official receives the request for recon- tractor has passed vetting.
71
752.219–8 48 CFR Ch. 7 (10–1–19 Edition)
(j) The contractor agrees to incorporate firms are small business as defined in 13 CFR
the substance of this clause in all subparts 121, 124, and 126.
contracts under this contract. (c) Developmental assistance is technical,
managerial, financial, and other mutually
beneficial assistance that aids Protégés. The
FR 74988, Dec. 16, 2014]
costs for developmental assistance are not
chargeable to the contract.
752.219–8 Utilization of small business (d) Firms interested in participating in the
concerns and small disadvantaged Program are encouraged to contact the
business concerns. USAID Mentor-Protégé Program Manager
As prescribed in (48 CFR) AIDAR (202–712–1500) for more information.
719.708, insert the following clause in
solicitations and contracts that con- (End of provision)
tain the clause at 52.219–8, Utilization
of Small Business Concerns: [72 FR 32546, June 13, 2007, as amended at 79
FR 74998, Dec. 16, 2014]
UTILIZATION OF SMALL BUSINESS CONCERNS
AND SMALL DISADVANTAGED BUSINESS CON- 752.219–71 Mentor requirements and
CERNS (MAR 2015) evaluation.
In addition to the FAR clause at 52.219–8, As prescribed in (48 CFR) AIDAR
Utilization of Small Business Concerns, the 719.273–11(b), insert the following
contractor must comply with the following clause:
USAID small business provision: To permit
USAID, in accordance with the small busi- MENTOR REQUIREMENTS AND EVALUATION
ness provisions of the Foreign Assistance (JULY 2007)
Act, to give small business firms an oppor- (a) Mentor and Protégé firms shall submit
tunity to participate in supplying equipment an evaluation of the overall experience in
supplies and services financed under this the Program to OSDBU at the conclusion of
contract, the contractor must, to the max- the mutually agreed upon Program period,
imum extent possible, provide the following the conclusion of the contract, or the vol-
information to the U.S. Agency for Inter- untary withdrawal by either party from the
national Development(USAID), Office of Program, whichever occurs first. At the con-
Small and Disadvantaged Business Utiliza- clusion of each year in the Mentor-Protégé
tion (OSDBU), 1300 Pennsylvania Ave. NW., Program, the Mentor and Protégé will for-
SA–44, Room 848, Washington, DC 20523, at mally brief the USAID Mentor-Protégé Pro-
least 45 days prior to placing any order in ex- gram Manager regarding Program accom-
cess of the simplified acquisition threshold plishments under their Mentor-Protégé
except where a shorter time is requested of, Agreement.
and granted by OSDBU: (b) Mentor or Protégé shall notify OSDBU
(1) Brief general description and quantity in writing, at least 30 calendar days in ad-
of commodities or services; vance of the effective date of the firm’s with-
(2) Closing date for receiving quotations or drawal from the Program.
bids; and
(3) Address where invitations or specifica- (End of clause)
tions may be obtained.
[79 FR 74998, Dec. 16, 2014] [72 FR 32546, June 13, 2007, as amended at 79
FR 74988, 74998, Dec. 16, 2014]
752.219–70 USAID Mentor-Protégé Pro-
gram. 752.222–70 USAID disability policy.
As prescribed in 719.273–11(a), insert As prescribed in 722.810, the con-
the following provision: tracting officer must insert the fol-
lowing clause in Section H of all solici-
USAID MENTOR-PROTÉGÉ PROGRAM (JULY tations and resulting awards.
2007)
USAID DISABILITY POLICY (DEC 2004)
(a) Large and small business are encour-
aged to participate in the USAID Mentor- (a) The objectives of the USAID Disability
Protégé Program (the ‘‘Program’’). Mentor Policy are:
firms provide eligible small business (1) To enhance the attainment of United
Protégés with developmental assistance to States foreign assistance program goals by
enhance their business capabilities and abil- promoting the participation and equali-
ity to obtain Federal contracts. zation of opportunities of individuals with
(b) Mentor firms are large prime contrac- disabilities in USAID policy, country and
tors or eligible small business capable of pro- sector strategies, activity designs and imple-
viding developmental assistance. Protégé mentation;
72
(2) To increase awareness of issues of peo- (End of clause)
ple with disabilities both within USAID pro-
grams and in host countries; [81 FR 48717, July 26, 2016]
(3) To engage other U.S. Government agen-
cies, host country counterparts, govern- 752.225–9 Buy American Act—Trade
ments, implementing organizations and Agreements Act—Balance of Pay-
other donors in fostering a climate of non- ments Program.
discrimination against people with disabil-
ities; and The clause prescribed by FAR
(4) To support international advocacy for 25.408(a)(2) is not generally included in
people with disabilities. The full text of USAID contracts when more stringent
USAID’s policy can be found at the following source requirements are stated in the
Web site:http://pdf.usaid.gov/pdfldocs/ contract or when inclusion is not ap-
PDABQ631.pdf.
propriate under FAR 25.403, or 725.403 of
(b) USAID therefore requires that the con-
tractor not discriminate against people with
this chapter. (See Executive Order
disabilities in the implementation of USAID 11223, dated May 12, 1965, 30 FR 6635.)
programs and that it make every effort to The clause setting forth USAID’s
comply with the objectives of the USAID source restrictions is shown in section
Disability Policy in performing this con- 752.225–70.
tract. To that end and within the scope of
the contract, the contractor’s actions must [49 FR 13259, Apr. 3, 1984, as amended at 54
demonstrate a comprehensive and consistent FR 16122, Apr. 21, 1989; 59 FR 33447, June 29,
approach for including men, women, and 1994; 62 FR 40470, July 29, 1997]
children with disabilities.
752.225–70 Source and nationality re-
[79 FR 74998, Dec. 16, 2014] quirements.
752.222–71 Nondiscrimination. As prescribed in 725.704, insert the
following clause:
722.810(b), insert the following clause in SOURCE AND NATIONALITY REQUIREMENTS
section I of all solicitations and result- (FEB 2012)
ing contracts. (a) Except as may be specifically approved
by the contracting officer, the contractor
Nondiscrimination (June 2012) must procure all commodities (e.g., equip-
FAR part 22 and the clauses prescribed in ment, materials, vehicles, supplies) and serv-
that part prohibit contractors performing in ices (including commodity transportation
or recruiting from the U.S. from engaging in services) in accordance with the require-
certain discriminatory practices. ments at 22 CFR part 228 ‘‘Rules on Procure-
USAID is committed to achieving and ment of Commodities and Services Financed
maintaining a diverse and representative by USAID.’’ The authorized source for pro-
workforce and a workplace free of discrimi- curement is Geographic Code 937 unless oth-
nation. Based on law, Executive Order, and erwise specified in the schedule of this con-
Agency policy, USAID prohibits discrimina- tract. Guidance on eligibility of specific
tion in its own workplace on the basis of goods or services may be obtained from the
race, color, religion, sex (including preg- contracting officer.
nancy and gender identity), national origin, (b) Ineligible goods and services. The con-
disability, age, veteran’s status, sexual ori- tractor must not procure any of the fol-
entation, genetic information, marital sta- lowing goods or services under this contract:
tus, parental status, political affiliation, and (1) Military equipment;
any other conduct that does not adversely (2) Surveillance equipment;
affect the performance of the employee. (3) Commodities and services for support of
USAID does not tolerate any type of dis- police and other law enforcement activities;
crimination (in any form, including harass- (4) Abortion equipment and services;
ment) of any employee or applicant for em- (5) Luxury goods and gambling equipment;
ployment on any of the above-described or
bases. (6) Weather modification equipment.
Contractors are required to comply with (c) Restricted goods. The contractor must
the nondiscrimination requirements of the obtain prior written approval of the con-
FAR. In addition, the Agency strongly en- tracting officer or comply with required pro-
courages all its contractors (at all tiers) to cedures under an applicable waiver as pro-
develop and enforce nondiscrimination poli- vided by the contracting officer when pro-
cies consistent with USAID’s approach to curing any of the following goods or services:
workplace nondiscrimination as described in (1) Agricultural commodities;
this clause, subject to applicable law. (2) Motor vehicles;
73
752.226–1—752.226–3 48 CFR Ch. 7 (10–1–19 Edition)
(3) Pharmaceuticals and contraceptive 752.227–70 Patent reporting proce-
items; dures.
(4) Pesticides;
(5) Fertilizer;
(6) Used equipment; or
727.303, insert the following clause in
(7) U.S. Government-owned excess prop-
all solicitations and contracts that
erty. contain the clause at (48 CFR) FAR
If USAID determines that the contractor 52.227–11.
has procured any of these specific restricted PATENT REPORTING PROCEDURES (AUG 1999)
goods under this contract without the prior
written authorization of the contracting offi- (a) Reporting inventions. In accordance with
cer or fails to comply with required proce- 37 CFR part 401, each USAID-funded research
dures under an applicable waiver as provided recipient must disclose each subject inven-
by the contracting officer, and has received tion to USAID as required in (48 CFR) FAR
payment for such purposes, the contracting 52.227–11(c). Such reports must be made via
officer may require the contractor to refund the National Institutes of Health (NIH) EDI-
the entire amount of the purchase. SON Patent Reporting and Tracking system.
NIH created EDISON to help assist research
[79 FR 74998, Dec. 16, 2014] recipients to comply with the Bayh-Dole Act
and report in a timely manner all patentable
752.226–1—752.226–3 [Reserved] inventions arising out of Federally-spon-
sored research programs. The EDISON sys-
752.227–14 Rights in Data—general. tem uses Web technology to allow research
recipients to report and monitor their inven-
As prescribed in 727.409(b), insert the tion reports, with the assurance that propri-
following clause: etary data is securely stored. The Web site
for EDISON (http://www.iedison.gov) provides
RIGHTS IN DATA—GENERAL (OCT 2007) users with an invention reporting test site,
The following paragraph (d) replaces para- as well as applicable instructions for com-
graph (d) of (48 CFR) FAR 52.227–14 Rights in plying with Government regulations, and in-
Data—General. creases the potential for successful commer-
cialization of the inventions by helping to
(d) Release, publication and use of data. (1)
ensure that all reporting requirements are
For all data first produced or specifically
met and that ownership rights are clearly es-
used by the Contractor in the performance of
tablished.
this contract in the United States, its terri-
(b) Reports on utilization of subject inven-
tories, or Puerto Rico, the Contractor shall
tions as required under (48 CFR) FAR 52.227–
have the right to use, release to others, re-
11(f) must be provided to the USAID con-
produce, distribute, or publish such data, ex- tracting officer’s technical representative
cept to the extent such data may be subject annually, and the last report under an agree-
to the Federal export control or national se- ment must be provided within 90 days of the
curity laws or regulations, or unless other- expiration of the agreement.
wise provided in this paragraph of this clause
or expressly set forth in this contract [see [79 FR 74999, Dec. 16, 2014]
paragraph (d)(3) for limitations on contracts
performed outside of the US]. 752.228–3 Worker’s compensation in-
(2) The Contractor agrees that to the ex- surance (Defense Base Act).
tent it receives or is given access to data As prescribed in 728.309, the following
necessary for the performance of this con- supplemental coverage must be added
tract which contain restrictive markings, to the clause specified in (48 CFR) FAR
the Contractor shall treat the data in ac-
cordance with such markings unless other-
52.228–3 by the USAID contracting offi-
wise specifically authorized in writing by the cer.
contracting officer. WORKER’S COMPENSATION INSURANCE
(3) For all data first produced or specifi- (DEFENSE BASE ACT) (DEC 1991)
cally used by the Contractor in the overseas
performance of this contract, the Contractor In addition to the requirements specified
shall not release, reproduce, distribute, or in (48 CFR) FAR 52.228–3, the contractor
publish such data without the written per- agrees to the following:
mission of the contracting officer. The Gov- (a) The Contractor agrees to procure De-
ernment also may require the contractor to fense Base Act (DBA) insurance pursuant to
assign copyright to the Government or an- the terms of the contract between USAID
other party as circumstances warrant or as and USAID’s DBA insurance carrier unless
specifically stated elsewhere in the contract. the Contractor has a DBA self insurance pro-
gram approved by the Department of Labor

[72 FR 53164, Sept. 18, 2007, as amended at 79 or has an approved retrospective rating
FR 74988, Dec. 16, 2014] agreement for DBA.
74
(b) If USAID or the contractor has secured and Records—Negotiation’’ clause of this
a waiver of DBA coverage (see (48 CFR) contract.
AIDAR 728.305–70(a)) for contractor’s employ-
ees who are not citizens of, residents of, or
FR 16122, Apr. 21, 1989; 62 FR 40470, July 29,
hired in the United States, the contractor
1997; 79 FR 74999, Dec. 16, 2014]
agrees to provide such employees with work-
er’s compensation benefits as required by the
752.228–9 Cargo insurance.
laws of the country in which the employees
are working, or by the laws of the employ- As prescribed in 728.313(a), the fol-
ee’s native country, whichever offers greater lowing preface is to be used preceding
benefits. the text of the clause at (48 CFR) FAR
(c) The Contractor further agrees to insert 52.228–9:
in all subcontracts hereunder to which the
DBA is applicable, a clause similar to this CARGO INSURANCE (DEC 1998)
clause, including this sentence, imposing on
all subcontractors a like requirement to pro- PREFACE: To the extent that marine insur-
vide overseas workmen’s compensation in- ance is necessary or appropriate under this
surance coverage and obtain DBA coverage contract, the contractor shall ensure that
under the USAID requirements contract. U.S. marine insurance companies are offered
a fair opportunity to bid for such insurance.
[53 FR 50631, Dec. 16, 1988, as amended at 54 This requirement shall be included in all
FR 16122, Apr. 21, 1989; 56 FR 67226, Dec. 30, subcontracts under this contract.
1991; 79 FR 74988, 74999, Dec. 16, 2014]
752.228–7 Insurance—liability to third FR 74999, Dec. 16, 2014]
persons.
752.228–70 Medical Evacuation
As prescribed in 728.307–2(c), the fol- (MEDEVAC) Services.
lowing paragraph must be added to the
As prescribed in 728.307–70, for use in
clause specified in (48 CFR) FAR 52.228–
all contracts requiring performance
7 as either paragraph (h) (if (48 CFR)
overseas:
FAR 52.228–7 Alternate I is not used) or
(i) (if (48 CFR) FAR 52.228–7 Alternate I MEDICAL EVACUATION (MEDEVAC) SERVICES
is used): (JUL 2007)
INSURANCE—LIABILITY TO THIRD PERSONS (a) The contractor must provide

(JULY 1997) MEDEVAC service coverage to all U.S. cit-
izen, U.S. resident alien, and Third Country
The following paragraph is added to the National employees and their authorized de-
clause specified in (48 CFR) FAR 52.228–7: pendents (hereinafter ‘‘individual’’) while
( ) Insurance on private automobiles. If the overseas under a USAID-financed direct con-
Contractor or any of its employees or their tract. USAID will reimburse reasonable, al-
dependents transport or cause to be trans- lowable, and allocable costs for MEDEVAC
ported (whether or not at contract expense) service coverage incurred under the con-
privately owned automobiles to the Cooper- tract. The contracting officer will determine
ating Country, or they or any of them pur- the reasonableness, allowability, and
chase an automobile within the Cooperating allocability of the costs based on the appli-
Country, the Contractor agrees to make cer- cable cost principles and in accordance with
tain that all such automobiles during such cost accounting standards.
ownership within the Cooperating Country (b) Exceptions. (i) The Contractor is not re-
will be covered by a paid-up insurance policy quired to provide MEDEVAC insurance to el-
issued by a reliable company providing the igible employees and their dependents with a
following minimum coverage or such other health program that includes sufficient
minimum coverage as may be set by the Mis- MEDEVAC coverage as approved by the con-
sion Director, payable in United States dol- tracting officer.
lars or its equivalent in the currency of the (ii) The Mission Director may make a writ-
Cooperating Country: injury to persons, ten determination to waive the requirement
$10,000/$20,000; property damage, $5,000. The for such coverage. The determination must
premium costs for such insurance shall not be based on findings that the quality of local
be a reimbursable cost under this contract. medical services or other circumstances ob-
Copies of such insurance policies shall be viate the need for such coverage for eligible
preserved and made available as part of the
employees and their dependents located at

Contractor’s records which are required to be post.
preserved and made available by the ‘‘Audit
75
752.229–70 48 CFR Ch. 7 (10–1–19 Edition)
(c) Contractor must insert a clause similar (7) Report is required even if the con-
to this clause in all subcontracts that re- tractor did not pay any taxes during the re-
quire performance by contractor employees porting period.
overseas. (8) Cumulative reports may be provided if
[59 FR 33447, June 29, 1994, as amended at 72 the contractor is implementing more than
FR 19669, Apr. 19, 2007; 79 FR 74988, 74999, Dec. one program in a foreign country.
16, 2014] (c) Definitions. As used in this clause—
(1) Agreement includes USAID direct and
752.229–70 Federal, state and local country contracts, grants, cooperative agree-
taxes. ments and interagency agreements.
(2) Commodity means any material, article,
For contracts involving performance supply, goods, or equipment.
overseas the clauses prescribed in (48 (3) Foreign government includes any foreign
CFR) FAR 29.401–3 or 29.401–4 may be governmental entity.
modified to specify that the taxes re- (4) Foreign taxes means value-added taxes
ferred to are United States taxes. and customs duties assessed by a foreign
government on a commodity. It does not in-
[49 FR 13259, Apr. 3, 1984, as amended at 79 clude foreign sales taxes.
FR 74988, Dec. 16, 2014]
(d) Where. Submit the reports to: [con-
tracting officer must insert address and
752.229–71 Reporting of foreign taxes. point of contact at the Embassy, Mission, or
As prescribed in (48 CFR) AIDAR CFO/CMP as appropriate].
729.402–70, insert the following clause in (e) Subagreements. The contractor must in-
section I of applicable solicitations and clude this reporting requirement in all appli-
resulting contracts. The contracting cable subcontracts and other subagreements.
officer must insert address and point of (f) For further information see http://2001–
2009.state.gov/s/d/rm/c10443.htm.
contact at the Embassy, Mission, or M/
CFO/CMP as appropriate under para- (End of clause)
graph (d) of this clause.
Reporting of Foreign Taxes (July 2007) [81 FR 48717, July 26, 2016]
(a) The contractor must annually submit a 752.231–71 Salary supplements for HG
report by April 16 of the next year. employees.
(b) Contents of report. The report must con-
tain: As prescribed in 731.205–71, for use in
(1) Contractor name. all contracts with a possible need or
(2) Contact name with phone, fax number services of a HG employee. The clause
and email address. should also be inserted in all subse-
(3) Contract number(s). quent sub-contracts.
(4) Amount of foreign taxes assessed by a
foreign government [each foreign govern- SALARY SUPPLEMENTS FOR HG EMPLOYEES
ment must be listed separately] on com- (MAR 2015)
modity purchase transactions valued at $500
or more financed with U.S. foreign assist- (a) Salary supplements are payments made
ance funds under this agreement during the that augment an employee’s base salary or
prior U.S. fiscal year. premiums, overtime, extra payments, incen-
tive payment and allowances for which the
(5) Only foreign taxes assessed by the for-
eign government in the country receiving HG employee would qualify under HG rules
U.S. assistance are to be reported. Foreign or practice for the performance of his/hers
taxes by a third party foreign government regular duties or work performed during his/
are not to be reported. For example, if a con- hers regular office hours. Per diem, invita-
tractor performing in Lesotho using foreign tional travel, honoraria and payment for
assistance funds should purchase commod- work carried out outside of normal working
ities in South Africa, any taxes imposed by hours are not considered to be salary supple-
South Africa would not be included in the re- ments.
port for Lesotho (or South Africa). (b) Salary supplements to HG Employees
(6) Any reimbursements received by the are not allowable without the written ap-
contractor during the period in paragraph proval of the contracting officer.
(b)(4) of this clause regardless of when the (c) The Contractor must insert a clause
foreign tax was assessed and any reimburse- containing all the terms of this clause, in-
ments on the taxes reported in paragraph cluding the requirement to obtain the writ-
(b)(4) of this clause received through March ten approval of the contracting officer for all
31. salary supplements, in all subcontracts
76
under this contract that may entail HG em- (5) The venues considered (including gov-
ployee salary supplements. ernment-owned facility), cost comparison,
and justification for venue selected if it is
not the lowest cost option;
FR 74988, 74999, Dec. 16, 2014]
(6) If meals will be provided to local em-
752.231–72 Conference planning and ployees (a local employee would not be in
required approvals. travel status), a determination that the
meals are a necessary expense for achieving
As prescribed in (48 CFR) AIDAR Agency objectives; and
731.205–43, insert the following clause in (7) A certification that strict fiscal respon-
section I of all solicitations and result- sibility has been exercised in making deci-
ing contracts anticipated to include a sions regarding conference expenditures, the
requirement for a USAID-funded con- proposed costs are comprehensive and rep-
ference, as defined in the clause. resent the greatest cost advantage to the
U.S. Government, and that the proposed con-
Conference Planning and Required Approvals ference representation has been limited to
(Aug 2013) the minimum number of attendees necessary
to support the Agency’s mission.
(a) Definitions. Conference means a seminar,
meeting, retreat, symposium, workshop, (End of clause)
training activity or other such event that re-
quires temporary duty travel of USAID em-
ployees. For the purpose of this policy, an [81 FR 48717, July 26, 2016]
employee is defined as a U.S. direct hire; per-
sonal services contractor, including U.S. 752.232–70 Letter of credit advance
PSCs, Foreign Service National (FSN)/Co- payment.
operating Country National (CCN) and Third As required by 732.406–73, insert the
Country National (TCN); or a Federal em- following clause in contracts being
ployee detailed to USAID from another gov-
paid by Letter of Credit.
ernment agency.
(b) The contractor must obtain approval LETTER OF CREDIT ADVANCE PAYMENT (MAR
from the contracting officer or the con- 2015)
tracting officer’s representative (COR), if
delegated in the Contracting Officer’s Rep- (a) Payment under this contract must be
resentative Designation Letter, as prescribed by means of a Letter of Credit (LOC) in ac-
in 731.205–43, prior to committing costs re- cordance with the terms and conditions of
lated to conferences funded in whole or in the LOC and any instructions issued by the
part with USAID funds when: USAID, Bureau for Management, Office of
(1) Twenty (20) or more USAID employees the Chief Financial Officer, Cash Manage-
are expected to attend. ment and Payment Division (M/CFO/CMP).
(2) The net conference expense funded by (b) Immediately upon award, or as soon as
USAID will exceed $100,000 (excluding salary the Letter of Credit payment method is ap-
of employees), regardless of the number of proved by the contracting officer, contrac-
USAID participants. tors without an established LOC account
(c) Conferences approved at the time of must submit the following forms with origi-
award will be incorporated into the award. nal signatures, to the address specified
Any subsequent requests for approval of con- below:
ferences must be submitted by the con- Forms:
tractor to the USAID contracting officer rep- (1) A signed original SF–1199A (Direct De-
resentative (COR). The contracting officer posit Sign-Up Form); and
representative will obtain the required agen- (2) ‘‘Division of Payment Management
cy approvals and communicate such approv- Payment Management System Access Form’’
als to the contractor in writing. found at the Department of State and
(d) The request for conference approval Human Services (DHHS) Web site.
must include: Address:
(1) A brief summary of the proposed event; ATTN: James DuBois,
(2) A justification for the conference and U.S. Agency for International Development,
alternatives considered, e.g., teleconfer- M/CFO/CMP—LOC Unit,
encing and videoconferencing; 1300 Pennsylvania Ave. NW.,
(3) The estimated budget by line item (e.g., SA–44, Room 430–J,
travel and per diem, venue, facilitators, Washington, DC 20523–7700.
meals, equipment, printing, access fees, Contractors must also submit the forms
ground transportation); specified above electronically to
(4) A list of USAID employees attending loc@usaid.gov.
and a justification for each; and the number (c) As long as the LOC is in effect, the
of other USAID-funded participants (e.g., in- terms and conditions of the LOC and any in-
stitutional contractors); structions issued by M/CFO/CMP constitute
77
752.236–70 48 CFR Ch. 7 (10–1–19 Edition)
the payment conditions of this contract, su- (d) New Construction. All new construction
perseding and taking precedence over any must comply with the above standards for
other clause of this contract concerning pay- accessibility.
ment. (e) Alterations. Changes to an existing
(d) If the LOC is revoked, payment may be structure that affect, or could affect, the
made on a cost-reimbursement basis, in ac- usability of the structure must comply with
cordance with the other clauses of this con- the above standards for accessibility unless
tract concerning payment. the contractor obtains the contracting offi-
(e) Revocation of the LOC is at the discre- cer’s advance approval that compliance is
tion of M/CFO/CMP after consultation with technically infeasible or constitutes an
the contracting officer. Notification to the undue burden or both. Compliance is tech-
contractor of revocation must be in writing nically infeasible where structural condi-
and must specify the reasons for such action. tions would require removing or altering a
The contractor may appeal any such revoca- load-bearing member that is an essential
tion to the contracting officer, in accordance part of the structural frame or because other
with the Disputes clause of this contract. existing physical or site constraints prohibit
Pending final decision, payments under the modification or addition of elements, spaces,
contract will be in accordance with para- or features that are in full and strict compli-
graph (d) of this clause. ance with the minimum requirements of the
[79 FR 74999, Dec. 16, 2014] standard. Compliance is an undue burden
where it entails either a significant dif-
752.236–70 Standards for accessibility ficulty or expense or both.
for the disabled in USAID construc- (f) Exceptions. The following construction
tion contracts. related activities are excepted from the re-
As prescribed in 736.570, for contracts quirements of paragraphs (a) through (d) of
this section:
for construction or renovation using
(1) Normal maintenance, re-roofing, paint-
program funds, insert the following
ing or wallpapering, or changes to mechan-
clause. ical or electrical systems are not alterations
STANDARDS FOR ACCESSIBILITY FOR THE DIS- and the above standards do not apply unless
ABLED IN USAID CONSTRUCTION CONTRACTS they affect the accessibility of the building
(JULY 2007) or facility; and
(2) emergency construction (which may en-
(a) One of the objectives of the USAID Dis- tail the provision of plastic sheeting or
ability Policy is to engage other U.S. Gov- tents, minor repair and upgrading of existing
ernment agencies, host country counter- structures, rebuilding of part of existing
parts, governments, implementing organiza- structures, or provision of temporary struc-
tions and other donors in fostering a climate tures) intended to be temporary in nature. A
of nondiscrimination against people with portion of emergency construction assist-
disabilities. As part of this policy USAID has ance may be provided to people with disabil-
established standards for any new or renova- ities as part of the process of identifying
tion construction project funded by USAID disaster- and crisis-affected people as ‘‘most
to allow access by people with disabilities vulnerable.’’
(PWDs). The full text of the policy paper can
be found at the following Web site: http:// [79 FR 75000, Dec. 16, 2014]
www.usaid.gov/aboutlusaid/disability/.
(b) USAID requires the contractor to com- 752.242–70 Periodic progress reports.
ply with standards of accessibility for people
with disabilities in all structures, buildings As prescribed in (48 CFR) AIDAR
or facilities resulting from new or renova- 742.1170–4(c), insert the following clause
tion construction or alterations of an exist- in contracts for which periodic
ing structure. progress reports are required from the
(c) The contractor must comply with the contractor. The term ‘‘contract’’ shall
host country or regional standards for acces- be interpreted as ‘‘task order’’ or ‘‘de-
sibility in construction when such standards livery order’’ when this clause is used
result in at least substantially equivalent
accessibility and usability as the standard
in an indefinite-delivery contract.
provided in the Americans with Disabilities PERIODIC PROGRESS REPORTS (OCT 2007)
Act (ADA) of 1990 and the Architectural Bar-
riers Act (ABA) Accessibility Guidelines of (a) The contractor shall prepare and sub-
July 2004. Where there are no host country or mit progress reports as specified in the con-
regional standards for universal access or tract schedule. These reports are separate
where the host country or regional standards from the interim and final performance eval-
fail to meet the ADA/ABA threshold, the uation reports prepared by USAID in accord-
standard prescribed in the ADA and the ABA ance with (48 CFR) FAR 42.15 and internal
must be used. Agency procedures, but they may be used by
78
USAID personnel or their authorized rep- this contract by any U.S. Government ac-
resentatives when evaluating the contrac- countable officer to the contractor for use in
tor’s performance. connection with performance of this con-
(b) During any delay in furnishing a tract and identified by such officer as ac-
progress report required under this contract, countable. All mobile Information Tech-
the contracting officer may withhold from nology (IT) equipment, including but not
payment an amount not to exceed US$25,000 limited to, mobile phones (e.g. smartphones),
(or local currency equivalent) or 5 percent of laptops, tablets, and encrypted devices pro-
the amount of this contract, whichever is vided as government furnished property,
less, until such time as the contractor sub- title to which vests in the U.S. Government,
mits the report or the contracting officer de- are considered accountable personal prop-
termines that the delay no longer has a det- erty.
rimental effect on the Government’s ability (2) The term Government property, wher-
to monitor the contractor’s progress. ever it appears in the following clause, shall
[72 FR 53164, Sept. 18, 2007, as amended at 79 mean Government-furnished property, Con-
FR 74988, 75000, Dec. 16, 2014] tractor acquired mobile IT equipment and
non-expendable personal property title to
752.245–70 Government property— which vests in the U.S. Government under
USAID reporting requirements. this contract.
(3) Non-expendable personal property, for
USAID contracts, except those for purposes of this contract, is defined as per-
commercial items, must contain the sonal property that is complete in itself,
following preface and reporting re- does not lose its identity or become a compo-
quirement as additions to the appro- nent part of another article when put into
priate Government Property clause use; is durable, with an expected service life
prescribed by (48 CFR) FAR 45.107, per of two years or more; and that has a unit
cost of more than $500.
a GAO audit recommendation.
(b) Reporting Requirement: To be inserted
Preface: To be inserted preceding the following the text of the (48 CFR) FAR
text of the FAR clause. clause.
GOVERNMENT PROPERTY—USAID REPORTING Reporting Requirements: The Contractor will
REQUIREMENTS (OCT 2017) submit an annual report on all Government
(a)(1) The term Government-furnished property in a form and manner acceptable to
property, wherever it appears in the fol- USAID substantially as follows:
lowing clause, shall mean (i) non-expendable
ANNUAL REPORT OF GOVERNMENT PROPERTY
personal property owned by or leased to the
IN CONTRACTOR’S CUSTODY
U.S. Government and furnished to the con-
tractor, and (ii) personal property furnished [Name of Contractor as of (end of contract
either prior to or during the performance of year), 20XX]
Furniture and furnishings— Other

Motor vehicles Government
Office Living quarters property
A. Value of property as of last report

B. Transactions during this reporting period
1. Acquisitions (add):
a. Contractor acquired property 1
b. Government furnished 2
c. Transferred from others, without reim-
bursement 3
2. Disposals (deduct):
a. Returned to USAID
b. Transferred to USAID—Contractor pur-
chased
c. Transferred to other Government
agencies 3
d. Other disposals 3
C. Value of property as of reporting date
D. Estimated average age of contractor held property
Years Years Years Years

1 Non-expendable property and all mobile IT equipment.
2 Government-furnished property listed in this contract as nonexpendable or accountable, including all mobile IT equipment.
3 Explain if transactions were not processed through or otherwise authorized by USAID.
79
752.245–71 48 CFR Ch. 7 (10–1–19 Edition)
PROPERTY INVENTORY VERIFICATION the receipt, use, maintenance, protection,
custody, and care of non-expendable property
I attest that (1) physical inventories of
for which it has custodial responsibility, in-
Government property are taken not less fre-
cluding the establishment of reasonable con-
quently than annually; (2) the accountability
trols to enforce such program.
records maintained for Government property
(c)(1) For non-expendable property to
in our possession are in agreement with such
which title is reserved to the U.S. Govern-
inventories; and (3) the total of the detailed
ment under provisions set forth in the sched-
accountability records maintained agrees
ule of this contract, Contractor shall submit
with the property value shown opposite line
an annual report on all non-expendable prop-
C above, and the estimated average age of
erty under its custody as required in the
each category of property is as cited opposite
clause of this contract entitled ‘‘Government
line D above.
Property’’.
Authorized Signature llllllllllll (2) For non-expendable property titled to
Name llllllllllllllllllll the Cooperating Government, the Contractor
Title lllllllllllllllllllll shall, within 90 days after completion of this
Date lllllllllllllllllllll contract, or at such other date as may be
fixed by the contracting officer, submit an
(End of clause) inventory schedule covering all items of non-
expendable property under its custody,
which have not been consumed in the per-
[83 FR 9713, Mar. 7, 2018] formance of this contract. The Contractor
shall also indicate what disposition has been
752.245–71 Title to and care of prop- made of such property.
erty.
As prescribed in paragraph (a) of (48 FR 40470, July 29, 1997; 64 FR 5009, Feb. 2,
CFR) AIDAR 745.107, the following 1999; 79 FR 74988, 75001, Dec. 16, 2014]
clause must be inserted in all contracts
when the contractor will acquire prop- 752.247–70 Preference for privately
erty under the contract for use over- owned U.S.-flag commercial vessels.
seas and the contract funds were obli- As prescribed in 747.507, insert the
gated under a Development Objective following clause:
Agreement (DOAG) (or similar bilat-
eral obligating agreement) with the co- PREFERENCE FOR PRIVATELY OWNED U.S.-
operating country. FLAG COMMERCIAL VESSELS (OCT 1996)
(a) Under the provisions of the Cargo Pref-
TITLE TO AND CARE OF PROPERTY (APR 1984)
erence Act of 1954 (46 U.S.C. 55305)) at least 50
(a) Title to all non-expendable property percent of the gross tonnage of equipment,
purchased with contract funds under this materials, or commodities financed by
contract and used in the Cooperating Coun- USAID, or furnished without provision for
try, shall at all times be in the name of the reimbursement, or at least 50 percent of the
Cooperating Government, or such public or gross tonnage of cargo moving under P.L. 480
private agency as the Cooperating Govern- financed by the U.S. Department of Agri-
ment may designate, unless title to specified culture, that may be transported in ocean
types or classes of non-expendable property vessels (computed separately for dry bulk
is reserved to USAID under provisions set carriers, dry cargo liners, and tankers) shall
forth in the schedule of this contract; but all be transported in privately owned U.S.-flag
such property shall be under the custody and commercial vessels.
control of Contractor until the owner of title (b) In accordance with USAID regulations
directs otherwise, or completion of work and consistent with the regulations of the
under this contract or its termination, at Maritime Administration, USAID applies
which time custody and control shall be Cargo Preference requirements on the basis
turned over to the owner of title or disposed of program that generally include more than
of in accordance with its instructions. All one contract. Thus, the amount of cargo
performance guaranties and warranties ob- fixed on privately owned U.S.-flag vessels
tained from suppliers shall be taken in the under this contract may be more or less than
name of the title owner. (Non-expendable the required 50 percent, depending on current
property is property which is complete in compliance with Cargo Preference require-
itself, does not lose its identity or become a ments.
component part of another article when put (c)(1) The contractor must submit one leg-
into use; is durable, with an expected service ible copy of a rated on-board ocean bill of
life of two years or more; and which has a lading for each shipment to both Office of
unit cost of $500 of more.) Cargo and Commercial Sealift, Maritime Ad-
(b) Contractor shall prepare and establish a ministration (MARAD), U.S. Department of
program, to be approved by the Mission, for Transportation, 1200 New Jersey Ave. SE.,
80
Washington, DC 20590, and the U.S. Agency request, the contracting officer will make
for International Development (USAID), Bu- their full text available. Also, the full text of
reau for Management, Office of Acquisition all AIDAR solicitation provisions and con-
and Assistance, 1300 Pennsylvania Ave. NW., tract clause is contained in the Code of Fed-
SA–44, Room 859, Washington, DC 20523 as eral Regulations (CFR) located at 48 CFR
follows: chapter 7.
(i) for PL 480 (Food aid shipments) scanned
[79 FR 75001, Dec. 16, 2014]
copies must be sent to:
freightedbills@usaid.gov.
752.252–70 Provisions and clauses to
(ii) For all Non P.L. 480 (Non Food Aid
be completed by the offeror.
Shipments) scanned copies must be sent to:
Oceantransportation@USAID.gov. In accordance with 752.107(c), insert
(iii) For all shipments, scanned copies for the following clause.
MARAD must be sent to:
Cargo.MARAD@DOT.gov. PROVISIONS AND CLAUSES TO BE COMPLETED
(2) The contractor shall furnish these bill BY THE OFFEROR (MAR 2015)
of lading copies within 20 working days of The following FAR and AIDAR provisions
the date of loading for shipments originating or clauses incorporated by reference in this
in the United States, or within 30 working solicitation or contract must be completed
days for shipments originating outside the by the offeror or prospective contactor and
United States. Each bill of lading copy shall submitted with the quotation or offer:
contain the following information: NUMBER TITLE DATE
(i) Sponsoring U.S. Government agency. AIDAR (48 CFR chapter 7)
(ii) Name of vessel.
(iii) Vessel flag registry. [The contracting officer must list all FAR
(iv) Date of loading. and AIDAR provisions or clauses incor-
(v) Port of loading. porated by reference that must be completed
(vi) Port of final discharge. by the offeror or prospective contactor and
(vii) Description of commodity. submitted with the quotation or offer.]
(viii) Gross weight in kilograms/pounds [79 FR 75001, Dec. 16, 2014]
and volume in liters/cubic feet, if available.
(ix) Total ocean freight revenue in U.S.
dollars. Subpart 752.70—Texts of USAID
[64 FR 5009, Feb. 2, 1999, as amended at 72 FR
Contract Clauses
19670, Apr. 19, 2007; 79 FR 75001, Dec. 16, 2014;
81 FR 47047, July 20, 2016]
Subpart 752.70 contains the text of
752.252–1 AIDAR solicitation provi- USAID-specific contract clauses for
sions incorporated by reference which there is no (48 CFR) FAR equiva-
In accordance with 752.107(a), insert lent. The clauses in this subpart do not
the following clause. apply to contracts for personal serv-
ices. For personal service contract
AIDAR SOLICITATION PROVISIONS clauses see (48 CFR) AIDAR Appendix
INCORPORATED BY REFERENCE (MAR 2015)
D—Direct USAID Contracts with U.S.
This solicitation incorporates one or more Citizens or U.S. Residents for Personal
provisions by reference, with the same force Services Abroad and (48 CFR) AIDAR
and effect as if they were given in full text. Appendix J—Direct USAID Contracts
Upon request, the contracting officer will
with Cooperating Country Nationals
make their full text available. Also, the full
text of all AIDAR solicitation provisions is and with Third Country Nationals for
contained in the Code of Federal Regulations Personal Services Abroad.
(CFR) located at 48 CFR chapter 7. [49 FR 13259, Apr. 3, 1984, as amended at 57
[79 FR 75001, Dec. 16, 2014] FR 5237, Feb. 13, 1992; 79 FR 74988, Dec. 16,
2014]
752.252–2 AIDAR clauses incorporated
by reference 752.7001 Biographical data.
In accordance with 752.107(b), insert The following clause is to be inserted
the following clause. in all USAID cost reimbursement con-
tracts.
AIDAR CLAUSES INCORPORATED BY
REFERENCE (MAR 2015) BIOGRAPHICAL DATA (JUL 1997)
This contract incorporates one or more The Contractor agrees to furnish to the
clauses by reference, with the same force and contracting officer on USAID Form 1420–17,
effect as if they were given in full text. Upon ‘‘Contractor Employee Biographical Data
81
752.7002 48 CFR Ch. 7 (10–1–19 Edition)
Sheet’’, biographical information on the fol- quired service in the Cooperating Country
lowing individuals to be employed in the per- (except for reasons beyond his/her control)
formance of the contract: (1) All individuals the costs of going to the post of duty are re-
to be sent outside the United States, or (2) imbursable hereunder but the costs of going
any employees designated as ‘‘key per- from post of duty to the employee’s perma-
sonnel’’. Biographical data in the form usu- nent, legal place of residence at the time he
ally maintained by the Contractor on the or she was employed for work under this con-
other individuals employed under the contract or other location as approved by the
tract shall be available for review by USAID contracting officer are not reimbursable
at the Contractor’s headquarters. A supply of under this contract for the employee and his/
USAID Form 1420–17 will be provided with her dependents. When travel is by economy
this contract. The Contractor may reproduce class accommodations, the Contractor will
additional copies as necessary. be reimbursed for the cost of transporting up
[62 FR 40470, July 29, 1997; 62 FR 45334, Aug. to 10 kilograms/22 pounds of accompanied
27, 1997; 62 FR 47532, Sept. 9, 1997; 79 FR 74988, personal baggage per traveler in addition to
75001, Dec. 16, 2014] that regularly allowed with the economy
ticket provided that the total number of
752.7002 Travel and transportation. kilograms/pounds of baggage does not exceed
that regularly allowed for first class trav-
For use in cost reimbursement con-
elers. Travel allowances for travelers must
tracts performed in whole or in part not be in excess of the rates authorized in
overseas. the Department of State Standardized Regu-
TRAVEL AND TRANSPORTATION (JAN 1990) lations—hereinafter referred to as the Stand-
ardized Regulations—as from time to time
(a) General. The Contractor will be reim- amended, for not more than the travel time
bursed for reasonable, allocable and allow- required by scheduled commercial air carrier
able travel and transportation expenses in- using the most expeditious route. One stop-
curred under and for the performance of this over en route for a period of not to exceed 24
contract. Determination of reasonableness, hours is allowable when the traveler uses
allocability and allowability will be made by economy class accommodations for a trip of
the contracting officer based on the applica- 14 hours or more of scheduled duration. Such
ble cost principles, the Contractor’s estab- stopover shall not be authorized when travel
lished policies and procedures, USAID’s es- is by indirect route or is delayed for the con-
tablished policies and procedures for USAID venience of the traveler. Per diem during
direct-hire employees, and the particular
such stopover shall be paid in accordance
needs of the project being implemented by
with the established practice of the Con-
this contract. The following paragraphs pro-
tractor but not to exceed the amounts stated
vide specific guidance and limitations on
in the Standardized Regulations.
particular items of cost.
(b) International travel. For travel to and (c) Local travel. Reimbursement for local
from post of assignment the Contractor shall travel in connection with duties directly ref-
be reimbursed for travel costs and travel al- erable to the contract shall not be in excess
lowances of travelers from place of residence of the rates established by the Mission Direc-
in the United States (or other location pro- tor for the travel costs of travelers in the Co-
vided that the cost of such travel does not operating Country. In the absence of such es-
exceed the cost of the travel from the em- tablished rates the Contractor shall be reim-
ployee’s residence in the United States) to bursed for actual travel costs of travelers in
the post of duty in the Cooperating Country the Cooperating Country, if not provided by
and return to place of residence in the the Cooperating Government or the Mission,
United States (or other location provided including travel allowances at rates not in
that the cost of such travel does not exceed excess of those prescribed by the Standard-
the cost of travel from the post of duty in ized Regulations.
the Cooperating Country to the employee’s (d) Travel for consultation. The Contractor
residence) upon completion of services by shall be reimbursed for the round trip of the
the individual. Reimbursement for travel Contractor’s Chief of Party in the Cooper-
will be in accordance with the applicable ating Country or other designated Con-
cost principles and the provisions of this tractor employee or consultant in the Co-
contract, and will be limited to the cost of operating Country performing services re-
travel by the most direct and expeditious quired under this Contract, for travel from
route. If a regular employee does not com- the Cooperating Country to the Contractor’s
plete one full year at post of duty (except for office in the United States or to USAID/
reasons beyond his/her control), the costs of Washington for consultation and return on
going to and from the post of duty for that occasions deemed necessary by the Con-
employee and his/her dependents are not re- tractor and approved in advance, in writing,
imbursable hereunder. If the employee serves by the contracting officer or the Mission Di-
more than one year but less than the re- rector.
82
(e) Special international travel and third the Cooperating Country as authorized under
country travel. For special travel which ad- the contract, provided that the total cost of
vances the purpose of the contract, which is the mileage and the per diem paid to all au-
not otherwise provided by the Cooperating thorized travelers shall not exceed the total
Government, and with the prior written ap- constructive cost of fare and normal per
proval of the contracting officer or the Mis- diem by all authorized travelers by surface
sion Director, the Contractor shall be reim- common carrier or authorized air fare,
bursed for— whichever is less.
(i) The travel cost of travelers other than (j) Emergency and irregular travel and trans-
between the United States and the Cooper- portation. Emergency transportation costs
ating Country and for local travel within and travel allowances while en route, as pro-
other countries and vided in this section will also be reimbursed
(ii) Travel allowance for travelers while in not to exceed amounts authorized by the
travel status and while performing services Foreign Service Travel Regulations for
hereunder in such other countries at rates USAID-direct hire employees in like cir-
not in excess of those prescribed by the cumstances under the following conditions:
Standardized Regulations. (1) The costs of going from post of duty in
(f) Indirect travel for personal convenience. the Cooperating Country to the employee’s
When travel is performed by an indirect permanent, legal place of residence at the
route for the personal convenience of the time he or she was employed for work under
traveler, the allowable costs of such travel this contract or other location for Con-
will be computed on the basis of the cost of tractor employees and dependents and re-
allowable air fare via the direct usually trav-
turning to the post of duty, when the Con-
eled route. If such costs include fares for air
tractor’s Chief of Party, with the concur-
or ocean travel by foreign flag carriers, ap-
rence of the Contracting Officer or Mission
proval for indirect travel by such foreign flag
Director makes a written determination that
carriers must be obtained from the con-
such travel is necessary for one of the rea-
tracting officer or the Mission Director be-
sons specified in subparagraphs (j)(1) (i) and
fore such travel is undertaken, otherwise
(ii) of this section. A copy of the written de-
only that portion of travel accomplished by
termination shall be furnished to the con-
United States-flag carriers will be reimburs-
tracting officer.
able within the above limitation of allowable
costs. (i) Need for medical care beyond that
(g) Limitation on travel by dependents. Trav- available within the area to which the em-
el costs and allowances will be allowed only ployee is assigned, or serious effect on phys-
for dependents of regular employees and such ical or mental health if residence is contin-
costs shall be reimbursed for travel from ued at assigned post of duty, subject in ei-
place of abode to assigned station in the Co- ther case, to the limitations stated in the
operating Country and return, only if de- clause of this contract entitled ‘‘Personnel—
pendent remains in the country for at least Physical Fitness of Employee and Depend-
9 months or one-half of the required tour of ents.’’ The Mission Director may authorize a
duty of the regular employee responsible for medical attendant to accompany the em-
such dependent, whichever is greater. If the ployee at contract expense if, based on med-
dependent is eligible for educational travel ical opinion, such an attendant is necessary.
pursuant to the ‘‘Differential and Allow- (ii) Death, or serious illness or injury of a
ances’’ clause of this contract, time spent member of the immediate family of the em-
away from post resulting from educational ployee or the immediate family of the em-
travel will be counted as time at post. ployee’s spouse.
(h) Delays en route. The Contractor may (2) When, for any reason, the Mission Di-
grant to travelers under this contract rea- rector determines it is necessary to evacuate
sonable delays en route while in travel sta- the Contractor’s entire team (employees and
tus when such delays are caused by events dependents) or Contractor dependents only,
beyond the control of such traveler or Con- the Contractor will be reimbursed for travel
tractor. It is understood that if delay is and transportation expenses and travel al-
caused by physical incapacitation, personnel lowance while en route, for the cost of the
shall be eligible for such sick leave as pro- individuals going from post of duty in the
vided under the ‘‘Leave and Holidays’’ clause Cooperating Country to the employee’s per-
of this contract. manent, legal place of residence at the time
(i) Travel by privately owned automobile. The he or she was employed for work under this
Contractor shall be reimbursed for the cost contract or other approved location. The re-
of travel performed by a regular employee in turn of such employees and dependents may
his/her privately owned automobile at a rate also be authorized by the Mission Director
not to exceed that authorized in the Federal when, in his/her discretion, he/she deter-
Travel Regulations plus authorized per diem mines it is prudent to do so.
for the employee and for each of the author- (3) The Mission Director may also author-
ized dependents traveling in the automobile, ize emergency or irregular travel and trans-
if the automobile is being driven to or from portation in other situations, when in his/her
83
752.7002 48 CFR Ch. 7 (10–1–19 Edition)
opinion, the circumstances warrant such ac- try and return to point of origin in the
tion. The authorization shall include the United States (or other location as approved
kind of leave to be used and appropriate re- by the contracting officer) of one privately-
strictions as to time away from post, trans- owned vehicle for each regular employee,
portation of personal and/or household ef- personal effects of travelers and household
fects, etc. Requests for such emergency trav- goods of each regular employee not to exceed
el shall be submitted through the Contrac- the limitations in effect for such shipments
tor’s Chief of Party. for USAID direct hire employees in accord-
(k) Home leave travel. To the extent that ance with the Foreign Service Travel Regu-
home leave has been authorized as provided lations as in effect when shipment is made.
in the ‘‘Leave and Holidays’’ clause of this (2) If a regular employee does not complete
contract, the cost of travel for home leave is one full year at post of duty (except for rea-
reimbursable for travel costs and travel al- sons beyond his/her control), the costs for
lowances of travelers from the post of duty transportation of vehicles, effects and goods
in the Cooperating Country to place of resi- to and from the post of duty are not reim-
dence in the United States (or other location bursable hereunder. If the employee serves
provided that the cost of such travel does more than one year but less than the re-
not exceed the cost of travel to the employ- quired service in the Cooperating Country
ee’s residence in the United States) and re- (except for reasons beyond his/her control)
turn to the post of duty in the Cooperating the costs for transportation of vehicles, ef-
Country. Reimbursement for travel will be in fects and goods to the post of duty are reim-
accordance with the applicable cost prin- bursable hereunder but the costs for trans-
ciples and the provisions of this contract, portation of vehicles, effects and goods from
and will be limited to the cost of travel by post of duty to the employee’s permanent,
the most direct and expeditious route. When legal place of residence at the time he or she
travel is by economy class accommodations, was employed for work under this contract
the Contractor will be reimbursed for the or other location as approved by the con-
cost of transporting up to 10 kilograms/22 tracting officer are not reimbursable under
pounds of accompanied personal baggage per this contract.
traveler in addition to that regularly al- (3) The cost of transporting motor vehicles
lowed with the economy ticket provided that and household goods shall not exceed the
the total number of kilograms/pounds of bag- cost of packing, crating and transportation
gage does not exceed that regularly allowed by surface. In the event that the carrier does
for first class travelers. Travel allowances not require boxing or crating of motor vehi-
for travelers shall not be in excess of the cles for shipment to the Cooperating Coun-
rates authorized in the Standardized Regula- try, the cost of boxing or crating is not reim-
tions as from time to time amended, for not bursable. The transportation of a privately-
more than the travel time required by sched- owned motor vehicle for a regular employee
uled commercial air carrier using the most may be authorized by the Contractor as re-
expeditious route. One stopover en route for placement of the last such motor vehicle
a period of not to exceed 24 hours is allow- shipped under this contract for the employee
able when the traveler uses economy class when the Mission Director or his/her des-
accommodations for a trip of 14 hours or ignee determines in advance and so notifies
more of scheduled duration. Such stopover the Contractor in writing that the replace-
shall not be authorized when travel is by in- ment is necessary for reasons not due to the
direct route or is delayed for the convenience negligence or malfeasance of the regular em-
of the traveler. Per diem during such stop- ployee. The determination shall be made
over shall be paid in accordance with the es- under the same rules and regulations that
tablished practice of the Contractor but not apply to Mission employees.
to exceed the amounts stated in the Stand- (n) Unaccompanied baggage. Unaccompanied
ardized Regulations. baggage is considered to be those personal
(l) Rest and recuperation travel. The Con- belongings needed by the traveler imme-
tractor shall be reimbursed for the cost of diately upon arrival at destination. To per-
travel performed by regular employees and mit the arrival of effects to coincide with the
dependents for purposes of rest and recuper- arrival of regular employees and dependents,
ation provided that such reimbursement does consideration should be given to advance
not exceed that authorized for USAID direct shipments of unaccompanied baggage. The
hire employees, and provided further that no Contractor will be reimbursed for costs of
reimbursement will be made unless approval shipment of unaccompanied baggage (in ad-
is given by the Contractor’s Chief of party. dition to the weight allowance for household
(m) Transportation of motor vehicles, per- effects) not to exceed the limitations in ef-
sonal effects and household goods. (1) Trans- fect for USAID direct hire employees in ac-
portation, including packing and crating cordance with the Foreign Service Travel
costs, will be paid for shipping from the Regulations as in effect when shipment is
point of origin in the United States (or other made.

location as approved by the contracting offi- This unaccompanied baggage may be
cer) to post of duty in the Cooperating Coun- shipped as air freight by the most direct
84
route between authorized points of origin are in effect for shipments of household
and destination regardless of the modes of goods and personal effects of USAID contract
travel used. This provision is applicable to personnel. These reduced rates are available
home leave travel and to short-term employ- provided the shipper states on the bill of lad-
ees when these are authorized by the terms ing that the cargo is ‘‘Personal property-not
of this contract. for resale-payment of freight charges is at
(o) Storage of household effects. The cost of U.S. Government (USAID) expense and any
storage charges (including packing, crating, special or diplomatic discounts accorded this
and drayage costs) in the U.S. of household type cargo are applicable.’’ The Contractor
goods of regular employees will be permitted will not be reimbursed for shipments of
in lieu of transportation of all or any part of household goods or personal effects in an
such goods to the Cooperating Country under amount in excess of the reduced rates avail-
paragraph (m) above provided that the total able in accordance with the foregoing.
amount of effects shipped to the Cooperating
Country or stored in the U.S. shall not ex- (End of clause)
ceed the amount authorized for USAID di-
rect hire employees under the Uniform For-
eign Service Travel Regulations.
FR 2699, Jan. 24, 1991; 72 FR 19670, Apr. 19,
(p) International ocean transportation. (1)
2007; 79 FR 74988, 75001, Dec. 16, 2014]
Flag eligibility requirements for ocean car-
riage are covered by the ‘‘Source and Nation-
ality Requirements’’ clause of this contract. 752.7003 Documentation for payment.
(i) Transportation of goods. Where U.S. The following clause is required in all
flag vessels are not available, or their use USAID direct contracts, excluding
would result in a significant delay, the Con- fixed price contracts:
tractor must contact the U.S. Agency for
International Development (USAID), Bureau DOCUMENTATION FOR PAYMENT (NOV 1998)
for Management, Office of Acquisition and
Assistance, Transportation Division (M/OAA/ (a) Claims for reimbursement or payment
T) for required guidance and may obtain a under this contract must be submitted to the
release from this requirement from M/OAA/ Paying Office indicated in the schedule of
T. The contact email address for these mat- this contract. The contracting officer’s rep-
ters is Oceantransportation@USAID.gov. resentative (CTO) is the authorized rep-
(ii) Transportation of persons. Where U.S. resentative of the Government to approve
flag vessels are not available, or their use vouchers under this contract. The Con-
would result in a significant delay, the Con- tractor must submit either paper or fax
tractor may obtain a release from this re- versions of the SF–1034—Public Voucher for
quirement from the contracting officer or Purchases and Services Other Than Per-
the Mission Director, as appropriate. sonal. Each voucher shall be identified by
(2) Transportation of foreign-made vehicles. the appropriate USAID contract number, in
Reimbursement of the costs of transporting the amount of dollar expenditures made dur-
a foreign-made motor vehicle will be made in ing the period covered.
accordance with the provisions of the For- (1) The SF 1034 provides space to report by
eign Service Travel Regulations. line item for products or services provided.
(3) Reduced rates on U.S. flag carriers. Re- The form provides for the information to be
duced rates on United States flag carriers 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 Item 001 .............................. $XXXX.XX $ XXXX.XX
002 ................................. Product/Service Desc. for Line Item 002 .............................. XXXX.XX XXXX.XX
Total .................... ................................................................................................ XXXX.XX XXXX.XX
(2) The fiscal report shall include the fol- this contract and are correct: the sum
lowing certification signed by an authorized claimed under this contract is proper and
representative of the Contractor: due, and all the costs of contract perform-
The undersigned hereby certifies to the ance (except as herewith reported in writing)
best of my knowledge and belief that the fis- have been paid, or to the extent allowed
under the applicable payment clause, will be
cal report and any attachments have been

prepared from the books and records of the paid currently by the Contractor when due
Contractor in accordance with the terms of in the ordinary course of business; the work
85
752.7004 48 CFR Ch. 7 (10–1–19 Edition)
reflected by these costs has been performed, host country of every contract employee or
and the quantities and amounts involved are dependent:
consistent with the requirements of this (1) The individual’s full name, home ad-
Contract; all required contracting officer ap- dress, and telephone number.
provals have been obtained; and appropriate (2) The name and number of the contract,
refund to USAID will be made promptly upon and whether the individual is an employee or
request in the event of disallowance of costs dependent.
not reimbursable under the terms of this (3) The contractor’s name, home office ad-
contract. dress, and telephone number, including any
BY: lllllllllllllllllllll after-hours emergency number(s), and the
TITLE: lllllllllllllllllll name of the contractor’s home office staff
DATE: llllllllllllllllllll member having administrative responsi-
(b) Local currency payment. The Contractor bility for the contract.
is fully responsible for the proper expendi- (4) The name, address, and telephone num-
ture and control of local currency, if any, ber(s) of each individual’s next of kin.
provided under this contract. Local currency (5) Any special instructions pertaining to
will be provided to the Contractor in accord- emergency situations such as power of attor-
ance with written instructions provided by ney designees or alternate contact persons.
the Mission Director. The written instruc- [62 FR 40470, July 29, 1997; 62 FR 45334, Aug.
tions will also include accounting, 27, 1997, as amended at 79 FR 75001, Dec. 16,
vouchering, and reporting procedures. A 2014]
copy of the instructions shall be provided to
the Contractor’s Chief of Party and to the 752.7005 Submission requirements for
contracting officer. The costs of bonding per- development experience docu-
sonnel responsible for local currency are re- ments.
imbursable under this contract.
(c) Upon compliance by the Contractor The following clause must be in-
with all the provisions of this contract, ac- serted in all USAID professional/tech-
ceptance by the Government of the work and nical contracts in which development
final report, and a satisfactory accounting experience documents are likely to be
by the Contractor of all Government-owned
property for which the Contractor had custo-
produced.
dial responsibility, the Government shall SUBMISSION REQUIREMENTS FOR DEVELOPMENT
promptly pay to the Contractor any moneys EXPERIENCE DOCUMENTS (SEPT 2013)
(dollars or local currency) due under the
completion voucher. The Government will (a) Contract Reports and Information/In-
make suitable reduction for any disallow- tellectual Products.
ance or indebtedness by the Contractor by (1) Within thirty (30) calendar days of ob-
applying the proceeds of the voucher first to taining the contracting officer representa-
such deductions and next to any unliqui- tive’s approval, the contractor must submit
dated balance of advance remaining under to USAID’s Development Experience Clear-
this contract. inghouse (DEC) one copy each of reports and
(d) The Contractor agrees that all approv- information products which describe, com-
als of the Mission Director and the Con- municate or organize program/project devel-
tracting Officer which are required by the opment assistance activities, methods, tech-
provisions of this contract shall be preserved nologies, management, research, results and
and made available as part of the Contrac- experience. These reports include: Assess-
tor’s records which are required to be pre- ments, evaluations, studies, technical and
sented and made available by the clause of periodic reports, annual and final reports,
this contract entitled ‘‘Audit and Records— and development experience documents (de-
Negotiation’’. fined as documents that:
[53 FR 6829, Mar. 3, 1988, as amended at 64 FR (i) Describe the planning, design, imple-
5009, Feb. 2, 1999; 79 FR 74988, 75001, Dec. 16, mentation, evaluation, and results of devel-
2014] opment assistance; and
(ii) Are generated during the life cycle of
752.7004 Emergency locator informa- development assistance programs or activi-
tion. ties.) The contractor must also submit cop-
ies of information products including train-
The following clause is to be inserted ing materials, publications, videos and other
in all contracts requiring travel over- intellectual deliverable materials required
seas. under the Contract Schedule. The following
information is not to be submitted:
EMERGENCY LOCATOR INFORMATION (JUL 1997)
(A) Time-sensitive materials such as news-
The Contractor agrees to provide the fol- letters, brochures or bulletins.

lowing information to the Mission Adminis- (B) The contractor’s information that is
trative Officer on or before the arrival in the incidental to award administration, such as
86
financial, administrative, cost or pricing, or 752.7006 Notices.
management information.
(2) Within thirty (30) calendar days after The following clause shall be used in
completion of the contract, the contractor all USAID contracts.
must submit to the DEC any reports that NOTICES (APR 1984)
have not been previously submitted and an
index of all reports and information/intellec- Any notice given by any of the parties
tual products referenced in paragraph (a)(1) hereunder shall be sufficient only if in writ-
of this clause. ing and delivered in person or sent by tele-
graph, cable, or registered or regular mail as
(b) Submission requirements. The con-
follows:
tractor must review the DEC Web site for
To USAID: Administrator, U.S. Agency for
the most up-to-date submission instructions, International Development, Washington, DC
including the DEC address for paper submis- 20523–0061. Attention: Contracting Officer
sions, the document formatting and the (the name of the cognizant contracting offi-
types of documents to be submitted. The cer with a copy to the appropriate Mission
submission instructions can be found at: Director).
https://dec.usaid.gov. To Contractor: At Contractor’s address
(1) Standards. (i) Material must not include shown on the cover page of this contract, or
financially sensitive information or person- to such other address as either of such par-
ally identifiable information (PII) such as ties shall designate by notice given as herein
social security numbers, home addresses and required. Notices hereunder shall be effective
dates of birth. Such information must be re- when delivered in accordance with this
moved prior to submission. clause or on the effective date of the notice,
(ii) All submissions must conform to cur- whichever is later.
rent USAID branding requirements. [49 FR 13259, Apr. 3, 1984, as amended at 56
(iii) Contract reports and information/in- FR 2699, Jan. 24, 1991; 61 FR 39095, July 26,
tellectual products can be submitted in ei- 1996 ; 79 FR 75002, Dec. 16, 2014]
ther electronic (preferred) or paper form.
Electronic documentation must comply with 752.7007 Personnel compensation.
Section 508 of the Rehabilitation Act of 1973. The following clause shall be used in
(iv) The electronic submissions must con- all USAID cost-reimbursement con-
sist of only one electronic file, which com- tracts.
prises the complete and final equivalent of
the paper copy. PERSONNEL COMPENSATION (JUL 2007)
(v) Electronic documents must be in one of
(a) Direct compensation of the Contrac-
the National Archives and Records Adminis- tor’s personnel will be in accordance with
tration (NARA)-approved formats as de- the Contractor’s established policies, proce-
scribed in NARA guidelines related to the dures, and practices, and the cost principles
transfer of permanent E-records. (See http:// applicable to this contract.
www.archives.gov/records-mgmt/initiatives/ (b) Reimbursement of the employee’s base
transfer-to-nara.html). annual salary plus overseas recruitment in-
(2) Essential bibliographic information. centive, if any, which exceed the USAID Con-
Descriptive information is required for all tractor Salary Threshold (USAID CST) stat-
contractor products submitted. The title ed in USAID Automated Directives System
page of all reports and information products (ADS) Chapter 302 USAID Direct Con-
must include the contract number(s), contracting, must be approved in writing by the
tractor name(s), name of the USAID con- contracting officer, as prescribed in 731.205–
tracting officer’s representative, the publica- 6(b) or 731.371(b), as applicable.
tion or issuance date of the document, docu- [49 FR 13259, Apr. 3, 1984, as amended at 49
ment title, (if non-English, provide an FR 33669, Aug. 24, 1984; 61 FR 39095, July 26,
English translation of the title), author 1996; 62 FR 40470, July 29, 1997; 72 FR 19669,
name(s), and development objective or activ- Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014]
ity title (if non-English, provide a trans-
lation) and associated number, and language 752.7008 Use of Government facilities
of the document (if non-English). In addi- or personnel.
tion, all hard copy materials submitted in
The following clause is for use in all
accordance with this clause must have, at-
tached as a separate cover sheet, the name,
USAID non-commercial contracts.
organization, address, telephone number, fax USE OF GOVERNMENT FACILITIES OR
number, and internet address of the submit- PERSONNEL (APR 1984)
ting party.
(a) The Contractor and any employee or

[79 FR 75001, Dec. 16, 2014; 80 FR 12935, Mar. consultant of the Contractor is prohibited
12, 2015] from using U.S. Government facilities (such
87
752.7009 48 CFR Ch. 7 (10–1–19 Edition)
as office space or equipment) or U.S. Govern- original should be retained by the Con-
ment clerical or technical personnel in the tractor.
performance of the services specified in the [49 FR 13259, Apr. 3, 1984, as amended at 58
contract, unless the use of Government fa- FR 8703, Feb. 17, 1993; 79 FR 74988, Dec. 16,
cilities or personnel is specifically author- 2014]
ized in the contract, or is authorized in ad-
vance, in writing, by the contracting officer. 752.7010 Conversion of U.S. dollars to
(b) If at any time it is determined that the local currency.
Contractor, or any of its employees or con-
sultants have used U.S. Government facili- For use in all USAID non-commercial
ties or personnel without authorization ei- contracts involving performance over-
ther in the contract itself, or in advance, in seas.
writing, by the contracting officer, then the
CONVERSION OF U.S. DOLLARS TO LOCAL
amount payable under the contract shall be CURRENCY (APR 1984)
reduced by an amount equal to the value of
the U.S. Government facilities or personnel Upon arrival in the Cooperation Country,
used by the Contractor, as determined by the and from time to time as appropriate, the
contracting officer. Contractor’s Chief of Party shall consult
(c) If the parties fail to agree on an adjust- with the Mission Director who shall provide,
ment made pursuant to this clause, it shall in writing, the procedure the Contractor and
its employees shall follow in the conversion
be considered a dispute, and shall be dealt
of United States dollars to local currency.
with under the terms of the clause of this
This may include, but is not limited to, the
contract entitled ‘‘Disputes’’. conversion of said currency through the cog-
[49 FR 13259, Apr. 3, 1984, as amended at 62 nizant U.S. Disbursing Officer or Mission
FR 40470, July 29, 1997; 79 FR 74988, Dec. 16, Controller, as appropriate.
2014] [49 FR 13259, Apr. 3, 1984, as amended at 62
FR 40470, July 29, 1997]
752.7009 Marking.
The following clause is for use in all 752.7011 Orientation and language
training.
USAID contracts performed in whole or
in part overseas. For use in all USAID cost-reimburse-
ment contracts involving performance
MARKING (JAN 1993) overseas.
(a) It is USAID policy that USAID-financed ORIENTATION AND LANGUAGE TRAINING (APR
commodities and shipping containers, and 1984)
project construction sites and other project
locations be suitably marked with the (a) Regular employees shall receive a max-
USAID emblem. Shipping containers are also imum of 2 weeks USAID sponsored orienta-
to be marked with the last five digits of the tion before travel overseas. The dates of ori-
entation shall be selected by the Contractor
USAID financing document number. As a
from the orientation schedule provided by
general rule, marking is not required for raw
USAID.
materials shipped in bulk (such as coal,
(b) Participation in USAID sponsored ori-
grain, etc.), or for semifinished products entation in no way relieves the Contractor of
which are not packaged. its responsibility for assuring that all em-
(b) Specific guidance on marking require- ployees, regular and short-term, are properly
ments should be obtained prior to procure- oriented. As an addition to or substitution
ment of commodities to be shipped, and as for USAID’s sponsored orientation for reg-
early as possible for project construction ular employees, the following types of ori-
sites and other project locations. This guid- entation may be authorized taking into con-
ance will be provided through the cognizant sideration specific job requirements, the em-
technical office indicated on the cover page ployee’s prior overseas experience, or un-
of this contract, or by the Mission Director usual circumstances.
in the Cooperating Country to which com- (1) Modified orientation.
modities are being shipped, or in which the (2) Language training, particularly when
project site is located. significant for operating capabilities.
(c) Authority to waive marking require- (3) Orientation and language training for
ments is vested with the Regional Assistant regular employee’s dependents.
Administrators, and with Mission Directors. (4) Contractor-sponsored orientation.
(d) A copy of any specific marking instruc- (5) Orientation in all matters related to
the administrative, logistical, and technical

tions or waivers from marking requirements
aspects of the employee’s movement to, and
is to be sent to the contracting officer; the
tour of duty in, the Cooperating Country.
88
(c) Authorization for an additional or al- Criteria and procedures for making this de-
ternate orientation program, if any, shall be termination are described in the General No-
either set forth in the schedule or provided tice cited in the preceding paragraph.
in writing by the contracting officer. (c) Since the welfare of the research sub-
(d) Travel expenses not to exceed one ject is a matter of concern to USAID as well
round trip from regular employee’s residence as to the contractor, USAID staff, consult-
to place of orientation and return will be re- ants and advisory groups may independently
imbursed, pursuant to the cost principles ap- review and inspect research, and research
plicable to this contract. Allowable salary processes and procedures involving human
costs during the period of orientation are subjects, and based on such findings, the
also reimbursable. CHSO may prohibit research which presents
[49 FR 13259, Apr. 3, 1984, as amended at 79 unacceptable hazards or otherwise fails to
FR 74988, Dec. 16, 2014] comply with USAID procedures. Informed
consent documents must include the stipula-
752.7012 Protection of the individual tion that the subject’s records may be sub-
as a research subject. ject to such review.
This clause is for use in any USAID [61 FR 39095, July 26, 1996]
contract which involves research using
human subjects. 752.7013 Contractor-mission relation-
ships.
PROTECTION OF THE INDIVIDUAL AS A
RESEARCH SUBJECT (AUG 1995) For use in all USAID contracts in-
volving performance overseas. Note
(a) Safeguarding the rights and welfare of
human subjects in research conducted under
that paragraph (f) of this clause is ap-
a USAID contract is the responsibility of the plicable only in contracts with an edu-
contractor. USAID has adopted the Common cational institution.
Federal Policy for the Protection of Human
Subjects. USAID’s Policy is found in Part 225 CONTRACTOR-MISSION RELATIONSHIPS (OCT
of Title 22 of the Code of Federal Regulations 1989)
(the ‘‘Policy’’). Additional interpretation, (a) The Contractor acknowledges that this
procedures, and implementation guidance of contract is an important part of the United
the Policy are found in USAID General No- States Foreign Assistance Program and
tice entitled ‘‘Procedures for the Protection agrees that its operations and those of its
of Human Subjects in Research Supported by employees in the Cooperating Country will
USAID’’, issued April 19, 1995, as from time be carried out in such a manner as to be
to time amended (a copy of which is attached fully commensurate with the responsibility
to this contract). USAID’s Cognizant Human which this entails.
Subjects Officer (CHSO) and USAID/W has
(b) The Mission Director is the chief rep-
oversight, guidance, and interpretation re-
resentative of USAID in the Cooperating
sponsibility for the Policy.
Country. In this capacity, he/she is respon-
(b) Contractors must comply with the Pol-
sible for both the total USAID program in
icy when humans are the subject of research,
the cooperating country including certain
as defined in 22 CFR 225.102(d), performed as
administrative responsibilities set forth in
part of the contract, and contractors must
provide ‘‘assurance’’, as required by 22 CFR this contract, and for advising USAID re-
225.103, that they follow and abide by the garding the performance of the work under
procedures in the Policy. See also Section 5 the contract and its effect on the United
of the April 19, 1995, USAID General Notice States Foreign Assistance Program. Al-
which sets forth activities to which the Pol- though the Contractor will be responsible for
icy is applicable. The existence of a bona all professional, technical, and administra-
fide, applicable assurance approved by the tive details of the work called for by the con-
Department of Health and Human Services tract, it shall be under the guidance of the
(HHS) such as the ‘‘multiple project assur- Mission Director in matters relating to for-
ance’’ (MPA) will satisfy this requirement. eign policy. The Chief of Party shall keep
Alternatively, contractors can provide an ac- the Mission Director currently informed of
ceptable written assurance to USAID as de- the progress of the work under the contract.
scribed in 22 CFR 225.103. Such assurances (c) In the event the conduct of any Con-
must be determined by the CHSO to be ac- tractor employee is not in accordance with
ceptable prior to any applicable research the preceding paragraphs, the Contractor’s
being initiated or conducted under the con- Chief of Party shall consult with the Mission
tract. In some limited instances outside the Director and the employee involved and shall
U.S., alternative systems for the protection recommend to the Contractor a course of ac-
of human subjects may be used provided they tion with regard to such employee.
are deemed ‘‘at least equivalent’’ to those (d) The parties recognize the right of the
outlined in part 225 (see 22 CFR 225.101(h)). U.S. Ambassador to direct the removal from
89
752.7014 48 CFR Ch. 7 (10–1–19 Edition)
a country of any U.S. citizen or the dis- (End of clause)
charge from this contract of any third-coun-
try national or cooperating-country national [55 FR 6805, Feb. 27, 1990, as amended at 79
when, at the discretion of the Ambassador, FR 75002, Dec. 16, 2014]
the interests of the United States so require.
Under these circumstances termination of an 752.7015 Use of pouch facilities.
employee and replacement by an acceptable
substitute shall be at no cost to USAID. For use in all USAID non-commercial
(e) If it is determined that the services of contracts exceeding the simplified ac-
such employee shall be terminated, the Con- quisition threshold and involving per-
tractor shall use its best efforts to cause the formance overseas.
return of such employee to the United States
USE OF POUCH FACILITIES (JUL 1997)
or point of origin as appropriate.
[The following paragraph (f) is applicable if (a) Use of diplomatic pouch is controlled
by the Department of State. The Department
the contract is with an educational institu-
of State has authorized the use of pouch fa-
tion:]
cilities for USAID contractors and their em-
(f) It is understood by the parties that the ployees as a general policy, as detailed in
Contractor’s responsibilities shall not be re- paragraphs (a)(1) through (a)(7) of this
strictive of academic freedom. Notwith- clause; however, the final decision regarding
standing these academic freedoms, the Con- use of pouch facilities rests with the Em-
tractor’s employees, while in the Cooper- bassy or USAID Mission. In consideration of
ating Country, are expected to show respect the use of pouch facilities as hereinafter
for its conventions, customs, and institu- stated, the Contractor and its employees
tions, to abide by applicable laws and regula- agree to indemnify and hold harmless the
tions, and not to interfere in its internal po- Department of State and USAID against loss
litical affairs. or damage occurring in pouch transmission.
(1) Contractors and their employees are au-
(End of clause) thorized use of the pouch for transmission
and receipt of up to a maximum of 0.9 kilo-
gram/2 pounds per shipment of correspond-
[54 FR 46391, Nov. 3, 1989] ence and documents needed in the adminis-
tration of foreign assistance programs.
752.7014 Notice of changes in travel (2) U.S. citizen employees of U.S. contrac-
regulations. tors are authorized use of the pouch for per-
The following clause is for use in sonal mail up to a maximum of 0.5 kilogram/
one pound per shipment (but see paragraph
cost-reimbursement contracts involv-
(a)(3) of this section).
ing work overseas. (3) Merchandise, parcels, magazines, or
newspapers are not considered to be personal
NOTICE OF CHANGES IN TRAVEL REGULATIONS
mail for purposes of this clause, and are not
(JAN 1990)
authorized to be sent or received by pouch.
(a) Changes in travel, differential, and al- (4) Official mail as authorized by paragraph
lowance regulations shall be effective on the (a)(1) of this clause should be addressed as
beginning of the Contractor’s next pay pe- follows: Individual or Organization name,
riod following the effective date of the followed by the symbol ‘‘C’’, city Name of
change as published in the applicable travel Post, U.S. Agency for International Develop-
regulations (the Department of State Stand- ment, Washington, DC 20523–0001.
ardized Regulations, Foreign Service Travel (5) Personal mail pursuant to paragraph
Regulations). (a)(2) of this clause should be sent to the ad-
(b)(1) Department of State Standardized dress specified in paragraph (a)(4) of this
clause, but without the name of the organi-
Regulations are available at: http://
zation.
aoprals.state.gov/con-
(6) Mail sent via the diplomatic pouch may
tent.asp?contentlid=231&menulid=92.
not be in violation of U.S. Postal laws and
(2)Foreign Service Travel Regulations are may not contain material ineligible for
available at: 14 FAM 500: http://www.state.gov/ pouch transmission.
m/a/dir/regs/fam/14fam/500/index.htm. (7) USAID contractor personnel are not au-
(3) Federal Travel Regulations are avail- thorized use of military postal facilities
able at: http://www.gsa.gov/portal/content/ (APO/FPO). This is an Adjutant General’s de-
104790?utmlsource=OGP&utmlmedium=print- cision based on existing laws and regulations
radio&utmlterm=ftr&utmlcampaign=shortcut. governing military postal facilities and is
(c) Information regarding these regula- being enforced worldwide. Posts having ac-
tions as referenced in the ‘‘Travel and Trans- cess to APO/FPO facilities and using such for
portation’’ clause of this contract may be ob- diplomatic pouch dispatch, may, however,
tained from the contracting officer. accept official mail from Contractors and
90
letter mail from their employees for the base contractor serving the Director, Bureau
pouch, provided of course, adequate postage for Economic Growth, Education and Envi-
is affixed. ronment, Office of Education (E3/ED).
(b) The Contractor shall be responsible for (c) The Contractor must ensure that HAC
advising its employees of this authorization enrollment begins immediately upon the
and these guidelines and limitations on use participant’s departure for the United States
of pouch facilities. for the purpose of participating in a training
(c) Specific additional guidance on use of program financed by USAID, and that enroll-
pouch facilities in accordance with this
ment continues in full force and effect until
clause is available from the Post Commu-
the participant returns to his/her country of
nication Center at the Embassy or USAID
origin, or is released from USAID’s responsi-
Mission.
bility, whichever is the sooner.
[49 FR 13259, Apr. 3, 1984, as amended at 56 (1) The HAC insurance provider, not the
FR 2699, Jan. 24, 1991; 57 FR 5237, Feb. 13, Contractor, shall be responsible for paying
1992; 62 FR 40471, July 29, 1997; 62 FR 45334, all reasonable and necessary medical reim-
Aug. 27, 1997; 79 FR 75002, Dec. 16, 2014] bursement charges not otherwise covered by
student health service or other insurance
752.7016–752.7017 [Reserved] programs, subject to the availability of funds
for such purposes, in accordance with the
752.7018 Health and accident coverage
standards of coverage established by USAID
for USAID participant trainees.
under its HAC program and by the HAC pro-
For use in any USAID contract under viders’ contracts.
which USAID participants are trained. (2) After HAC enrollment, upon receipt of
HAC services invoice from the selected HAC
HEALTH AND ACCIDENT COVERAGE FOR USAID
provider, the Contractor shall submit pay-
PARTICIPANT TRAINEES (JAN 1999)
ment directly to the HAC provider.
(a) In accordance with the requirements of (3) The Contractor is responsible for ensur-
USAID Automated Directive System (ADS) ing that participants and any stakeholders
253, the Contractor shall enroll all non-U.S. (as defined in ADS 253) are advised that
trainees (hereinafter referred to as ‘‘partici- USAID is not responsible for any medical
pants’’), whose training in the U.S. is fi- claims in excess of the coverages provided by
nanced by USAID under this contract, in the HAC program, or for medical claims not
USAID’s Health and Accident Coverage eligible for coverage under the HAC pro-
(HAC) program. Sponsored trainees enrolled
gram, or not otherwise covered in this sec-
in third-country or in-country training
tion.
events are not eligible for USAID’s HAC pro-
gram, but the Contractor may obtain alter- (d) The Contractor, to the extent that it is
native local medical and accident insurance an educational institution with a mandatory
at contract expense, provided the cost is con- student health service program, shall also
sistent with the cost principles in (48 CFR) enroll participants in that institution’s stu-
FAR 31.2. dent health service program. Medical costs
(b) When enrollment in the HAC program which are covered under the institution’s
is required per paragraph (a) of this clause, student health service shall not be eligible
the Contractor must enroll each participant for payment under USAID’s HAC program.
in the HAC program through one of two des- (e) If the Contractor has a mandatory, non-
ignated contractors prior to the initiation of waivable health and accident insurance pro-
travel by the participant. USAID has devel- gram for students, the costs of such insur-
oped an Agency-wide database training man- ance will be allowable under this contract.
agement system, the Training Results and Any claims eligible under such insurance
Information Network (‘‘TraiNet’’), which is will not be payable under USAID’s HAC plan
the preferred system for managing USAID’s or under this contract. Even though the par-
participant training program, including en- ticipant is covered by the Contractor’s man-
rollment in the HAC program. However,
datory, non-waivable health and accident in-
until such time as the USAID sponsoring
surance program, the participant MUST be
unit (as defined in ADS 253) has given the
Contractor access to USAID’s ‘‘TraiNet’’ enrolled in USAID’s more comprehensive
software for trainee tracking and HAC en- HAC program.
rollment, the Contractor must fill out and (f) Medical conditions pre-existing to the
mail the Participant Data Form (PDF) participant’s sponsorship for training by
(Form USAID 1381–4) to USAID. The Con- USAID, discovered during the required pre-
tractor can obtain information regarding departure medical examination, are grounds
each HAC program contractor, including for ineligibility for sponsorship unless spe-
contact information, and a supply of the cifically waived by the sponsoring unit, and
PDF forms and instructions for completing covered through a separate insurance policy
and submitting them, by contacting the data
91
752.7019 48 CFR Ch. 7 (10–1–19 Edition)
maintained by the participant or his em- standard tuition and fees may be subject to
ployer, or a letter of guarantee from the par- change during the course of the program. If
ticipant or the employer (which thereby as- such event results in an increase in the cost
sumes liability for any related charges that of the program, USAID agrees to pay such
might materialize. See ADS 253). increased standard tuition and fees in the
[64 FR 5010, Feb. 2, 1999, as amended at 79 FR next applicable academic term as a condition
74988, 75002, Dec. 16, 2014] for the continuation of the program. If such
change results in a decrease in the cost of
752.7019 Participant training. the program, the Contractor agrees to
charge to USAID only the amount of such re-
For use in any USAID direct contract vised standard tuition and fees in the next
involving training of USAID partici- applicable academic term. The Contractor
pants. shall undertake to keep USAID currently ad-
vised as to changes in its standard tuition
PARTICIPANT TRAINING (JAN 1999) and fees. At such time as increases in the
(a) Definitions. (1) Participant training is amounts of tuition and fees results in there
the training of any foreign national outside being inadequate funds remaining in this
of his or her home country, using USAID contract to meet the costs of the next aca-
funds. demic term, the Contractor will so advise
(2) A Participant is any foreign national USAID. USAID may then provide such addi-
being trained under this contract outside of tional funds as required to complete the pro-
his or her country. gram.
(b) Applicable regulations. Participant train-
ing conducted under this contract shall com- 752.7022 Conflicts between contract
ply with the policies and essential proce- and catalog.
dures pertaining to training-related services For use in contracts for participant
contained in USAID Automated Directive
System (ADS) Ch. 253 ‘‘Training for Develop- training with an educational institu-
ment Impact’’. Any exceptions to ADS 253 tion.
requirements are specified as such within
CONFLICTS BETWEEN CONTRACT AND CATALOG
this contract. The entire ADS is accessible
(APR 1984)
to the general public at the following USAID
Internet address: http://www.usaid.gov/policy/ In the event of any inconsistency between
ads/. the provisions of this contract and any cata-
(c) The contractor shall be reimbursed for log, or other document incorporated in this
the reasonable and allocable costs incurred contract by reference or otherwise or any of
in providing training to participants in the the Contractor’s rules and regulations, the
United States or other approved location provisions of this contract shall govern.
provided such costs do not exceed the limita-
tions in, or have been waived in accordance 752.7023 Required visa form for
with, ADS 253. USAID participants.
NOTE: Academic rates are available
through a special website monitored by the
For use in any USAID direct contract
United States Information Agency. The which involves training of USAID par-
website for academic programs is: http:// ticipants.
www.iie.org/fulbright/posts/restrict. U.S.-based
participants receive the standardized U.S. REQUIRED VISA FORM FOR USAID
travel per diem rates maintained by GSA for PARTICIPANTS (APR 1984)
short-term training (website: http:// The Contractor shall insure that any for-
policyworks.gov). eign student brought to the United States
[64 FR 5011, Feb. 2, 1999, as amended at 79 FR for training under this contract uses visa
75002, Dec. 16, 2015] form IAP 66A ‘‘Certificate for Exchange Vis-
itor (J–1) Status’’.
752.7020 [Reserved]
752.7024 Withdrawal of students.
752.7021 Changes in tuition and fees. For use in contracts for participant
For use in contracts for participant training with an educational institu-
training with an educational institution.
tion.
WITHDRAWAL OF STUDENTS (APR 1984)
CHANGES IN TUITION AND FEES (APR 1984)
(a) The Government may, at its option and
While educational programs for partici- at any time, withdraw any student.
pants will be established utilizing the Con- (b) The Contractor may request with-
tractor’s currently applicable tuition and fee drawal by the Government of any student for
schedule, the parties understand that such academic or disciplinary reasons.
92
(c) If such withdrawal occurs prior to the (b) Physical fitness of employees and depend-
end of a term, the Government shall pay any ents. See the clause of this contract entitled
tuition and fees due for the current term in Physical Fitness.
which the student may be enrolled, and the (c) Conformity to laws and regulations of Co-
Contractor shall credit the Government with operating Country. Contractor agrees to use
any charges eligible for refund under the its best efforts to assure that its employees
Contractor’s standard procedures for civilian and their dependents, while in the Cooper-
students in effect on the effective date of ating Country, abide by all applicable laws
such withdrawal. and regulations of the Cooperating Country
(d) Withdrawal of students by the Govern- and political subdivisions thereof.
ment shall not be the basis for any special (d) Importation or sale of personal property or
charge or claim by the Contractor other automobiles. To the extent permitted by Co-
than as provided by the Contractor’s stand- operating Country laws, the importation and
ard procedures. sale of personal property or automobiles by
contractor employees and their dependents
752.7025 Approvals. in the Cooperating Country shall be subject
For use in all USAID contracts. to the same limitations and prohibitions
which apply to U.S. nationals employed by
APPROVALS (APR 1984) the Mission. This provision does not apply to
employees or consultants who are citizens or
All approvals required to be given under
legal residents of the Cooperating Country.
the contract by the contracting officer or
the Mission Director shall be in writing and, (e) Economic and financial activities. Other
except when extraordinary circumstances than work to be performed under this con-
make it impracticable, shall be requested by tract for which an employee or consultant is
the Contractor sufficiently in advance of the assigned by the contractor, no such em-
contemplated action to permit approval, dis- ployee or consultant of the contractor shall
approval or other disposition prior to that engage, directly or indirectly, either in his/
action. If, because of existing conditions, it her own name or in the name or through the
is impossible to obtain prior written ap- agency of another person, in any business,
proval, the approving official may, at his dis- profession or occupation in the Cooperating
cretion, ratify the action after the fact. Country or other foreign countries to which
he/she is assigned, nor shall he make loans or
[49 FR 13259, Apr. 3, 1984, as amended at 79 investments to or in any business, profession
FR 74988, Dec. 16, 2014] or occupation in the Cooperating Country or
other foreign countries in which he/she is as-
752.7026 [Reserved] signed. This provision does not apply to em-
ployees or consultants who are citizens or
752.7027 Personnel. legal residents of the Cooperating Country.
For use in all USAID services con- [The following paragraphs (f) and (g) are
tracts involving performance overseas. applicable only to cost reimbursement con-
Note that paragraphs (f) and (g) of this tracts.]
clause are for use only in cost reim- (f) Duration of appointments. (1) Regular
bursement contracts. employees will normally be appointed for a
minimum of 2 years which period includes
PERSONNEL (DEC 1990) orientation (less language training) in the
(a) Clearance. (1) Individuals engaged or as- United States and authorized international
signed within the United States. The con- travel under the contract except:
tractor will obtain written notification from (i) An appointment may be made for less
the contracting officer of Cooperating Coun- than 2 years if the contract has less than 2
try clearance of any employee sent outside years but more than 1 year to run provided
the United States to perform duties under that if the contract is extended the appoint-
this contract. ment shall also be extended to the full 2
(2) Individuals engaged or assigned when out- years. This provision shall be reflected in the
side the United States. No individual shall be employment agreement prior to employment
engaged or assigned when outside the United under this contract.
States to perform work outside the United (ii) When a 2-year appointment is not re-
States under this contract unless authorized quired, appointment may be made for less
in the schedule or otherwise approved by the than 2 years but in no event less than 1 year.
contracting officer or Mission Director. How- (iii) When the normal tour of duty estab-
ever, when services are performed in the Co- lished for USAID personnel at a particular
operating Country on a casual or irregular post is less than 2 years, then a normal ap-
basis or in an emergency, exception to this pointment under this contract may be of the
provision can be made in accordance with in- same duration.

structions or regulations established by the (iv) When the contractor is unable to make
Mission Director. appointments of regular employees for a full
93
752.7028 48 CFR Ch. 7 (10–1–19 Edition)
2 years, the contractor may make appoint- ing the time such employees actually spend
ments of less than 2 but not less than 1 year, overseas on work under this contract. When
provided that such appointment is approved such post differential is provided to regular
by the contracting officer. employees of the Contractor, it shall be pay-
(2) Services required for less than 1 year able beginning on the date of arrival at the
will be considered short-term appointments post of assignment and continue, including
and the employee will be considered a short- periods away from post on official business,
term employee. until the close of business on the day of de-
(g) Employment of dependents. If any person parture from post of assignment en route to
who is employed for services in the Cooper- the United States. Sick or vacation leave
ating Country under this contract is either taken at or away from the post of assign-
(1) a dependent of an employee of the U.S. ment will not interrupt the continuity of the
Government working in the Cooperating assignment or require a discontinuance of
Country, or (2) a dependent of a contractor such post differential payments, provided
employee working under a contract with the such leave is not taken within the United
U.S. Government in the Cooperating Coun- States or the territories of the United
try, such person shall continue to hold the States. Post differential will not be payable
status of a dependent. He or she shall be en- while the employee is away from his/her post
titled to salary for the time services are ac- of assignment for purposes of home leave.
tually performed in the Cooperating Coun- Short-term employees shall be entitled to
try, and differential and allowances as estab- post differential beginning with the forty-
lished by the Standardized Regulations (Gov- third (43rd) day at post.
ernment Civilians, Foreign Areas). (b) Living quarters allowance. Living quar-
ters allowance is an allowance granted to re-
(End of clause) imburse an employee for substantially all of
his/her cost for either temporary or resi-
[56 FR 7587, Feb. 25, 1991, as amended at 62 dence quarters whenever Government-owned
FR 40471, July 29, 1997; 79 FR 74988, Dec. 16, or Government-rented quarters are not pro-
2014] vided to him/her at his/her post without
charge. Such costs are those incurred for
752.7028 Differential and allowances. temporary lodging (temporary lodging allow-
The following clause is for use in all ance) or one unit of residence quarters (liv-
USAID cost reimbursement contracts ing quarters allowance) and include rent,
plus any costs not included therein for heat,
performed in whole or in part overseas. light, fuel, gas, electricity and water. The
DIFFERENTIALS AND ALLOWANCES (JUL 1996) temporary lodging allowance and the living
quarters allowance are never both payable to
(This clause does not apply to TCN or CCN an employee for the same period of time. The
employees. TCN and CCN employees are not Contractor will be reimbursed for payments
eligible for differentials and allowances, un- made to employees for a living quarters al-
less specifically authorized by the cognizant lowance for rent and utilities if such facili-
Assistant Administrator or Mission Director. ties are not supplied. Such allowance shall
A copy of such authorization shall be re- not exceed the amount paid USAID employ-
tained and made available as part of the con- ees of equivalent rank in the Cooperating
tractor’s records which are required to be Country, in accordance with either the
preserved and made available by the ‘‘Exam- Standardized Regulations (Government Ci-
ination of Records by the Comptroller Gen- vilians, Foreign Areas), Chapter 130, as from
eral’’ and ‘‘Audit’’ clauses of this contract). time to time amended, or other rates ap-
(a) Post differential. Post differential is an proved by the Mission Director. Subject to
additional compensation for service at places the written approval of the Mission Director,
in foreign areas where conditions of environ- short-term employees may be paid per diem
ment differ substantially from conditions of (in lieu of living quarters allowance) at rates
environment in the continental United prescribed by the Federal Travel Regula-
States and warrant additional compensation tions, as from time to time amended, during
as a recruitment and retention incentive. In the time such short-term employees spend at
areas where post differential is paid to posts of duty in the Cooperating Country
USAID direct-hire employees, post differen- under this contract. In authorizing such per
tial not to exceed the percentage of salary as diem rates, the Mission Director shall con-
is provided such USAID employees in accord- sider the particular circumstances involved
ance with the Standardized Regulations with respect to each such short-term em-
(Government Civilians, Foreign Areas), ployee including the extent to which meals
Chapter 500 (except the limitation contained and/or lodging may be made available with-
in Section 552, ‘‘Ceiling on Payment’’) Ta- out charge or at nominal cost by an agency
bles-Chapter 900, as from time to time of the United States Government or of the
amended, will be reimbursable hereunder for Cooperating Government, and similar fac-
employees in respect to amounts earned dur- tors.
94
(c) Temporary quarters subsistence allowance. dren provided such payment does not exceed
Temporary quarters subsistence allowance is that which would be payable in accordance
a quarters allowance granted to an employee with the Standardized Regulations (Govern-
for the reasonable cost of temporary quar- ment Civilians, Foreign Areas), Chapter 280,
ters incurred by the employee and his family as from time to time amended. Educational
for a period not in excess of (i) 90 days after travel shall not be authorized for regular em-
first arrival at a new post in a foreign area ployees whose assignment is less than two
or a period ending with the occupation of
years.
residence (permanent) quarters, if earlier,
and (ii) 30 days immediately preceding final (h) Separate maintenance allowance. Sepa-
departure from the post subsequent to the rate maintenance allowance is an allowance
necessary vacating of residence quarters, un- to assist an employee who is compelled, by
less an extension is authorized in writing by reason of dangerous, notably unhealthful, or
the Mission Director. The Contractor will be excessively adverse living conditions at his/
reimbursed for payments made to employees her post of assignment in a foreign area, or
and authorized dependents for temporary for the convenience of the Government, to
quarters subsistence allowance, in lieu of liv- meet the additional expense of maintaining
ing quarters allowance, not to exceed the his/her dependents elsewhere than at such
amount set forth in the Standardized Regu- post. The Contractor will be reimbursed for
lations (Government Civilians, Foreign payments made to regular employees for a
Areas), Chapter 120, as from time to time separate maintenance allowance not to ex-
amended. ceed that made to Aid employees in accord-
(d) Post allowance. Post allowance is a cost- ance with the Standardized Regulations
of-living allowance granted to an employee
(Government Civilians, Foreign Areas),
officially stationed at a post where the cost
Chapter 260, as from time to time amended.
of living, exclusive of quarters cost, is sub-
stantially higher than in Washington, DC. (i) Payments during evacuation. The Stand-
The Contractor will be reimbursed for pay- ardized Regulations (Government Civilians,
ments made to employees for post allowance Foreign Areas) provide the authority for effi-
not to exceed those paid USAID employees in cient, orderly, and equitable procedure for
the Cooperating Country, in accordance with the payment of compensation, post differen-
the Standardized Regulations (Government tial and allowances in the event of an emer-
Civilians, Foreign Areas), Chapter 220, as gency evacuation of employees or their de-
from time to time amended. pendents, or both, from duty stations for
(e) Supplemental post allowance. Supple- military or other reasons or because of im-
mental post allowance is a form of post al- minent danger to their lives. If evacuation
lowance granted to an employee at his/her has been authorized by the Mission Director
post when it is determined that assistance is the Contractor will be reimbursed for pay-
necessary to defray extraordinary subsist- ments made to employees and authorized de-
ence costs. The Contractor will be reim-
pendents evacuated from their post of as-
bursed for payments made to employees for
signment in accordance with the Standard-
supplemental post allowance not to exceed
the amount set forth in the Standardized ized Regulations (Government Civilians,
Regulations (Government Civilians, Foreign Foreign Areas), Chapter 600, and the Federal
Areas), Chapter 230, as from time to time Travel Regulations, as from time to time
amended. amended.
(f) Educational allowance. Educational al- (j) Danger pay allowance. (1) The contractor
lowance is an allowance to assist an em- will be reimbursed for payments made to its
ployee in meeting the extraordinary and nec- employees for danger pay not to exceed that
essary expenses, not otherwise compensated paid USAID employees in the cooperating
for, incurred by reason of his/her service in a country, in accordance with the Standard-
foreign area in providing adequate elemen- ized Regulations (Government Civilians,
tary and secondary education for his/her Foreign Areas), Chapter 650, as from time to
children. The Contractor will be reimbursed time amended.
for payments made to regular employees for (2) Danger pay is an allowance that pro-
educational allowances for their dependent vides additional compensation above basic
children in amounts not to exceed those set
compensation to an employee in a foreign
forth in the Standardized (Regulations Gov-
area where civil insurrection, civil war, ter-
ernment Civilians, Foreign Areas), Chapter
rorism or wartime conditions threaten phys-
270, as from time to time amended.
(g) Educational travel. Educational travel is ical harm or imminent danger to the health
travel to and from a school in the United or well-being of the employee. The danger
States for secondary education (in lieu of an pay allowance is in lieu of that part of the
educational allowance) and for college edu- post differential which is attributable to po-
litical violence. Consequently, the post dif-
cation. The Contractor will be reimbursed

for payments made to regular employees for ferential may be reduced while danger pay is
educational travel for their dependent chil-
95
752.7029 48 CFR Ch. 7 (10–1–19 Edition)
in effect to avoid dual crediting for political direct salary charges will be paid hereunder
violence. with respect to any such officials.
FR 11450, Apr. 3, 1986; 53 FR 50632, Dec. 16,
752.7031 Leave and holidays.
1988; 61 FR 39096, July 26, 1996; 61 FR 51235, For use in all USAID cost-reimburse-
Oct. 1, 1996; 79 FR 75002, Dec. 16, 2014] ment contracts for technical or profes-
sional services.
752.7029 Post privileges.
LEAVE AND HOLIDAYS (OCT 1989)
For use in all USAID non-commercial
contracts involving performance over- (a) Vacation leave. (1) The Contractor may
seas. grant to its employees working under this
contract vacations of reasonable duration in
POST PRIVILEGES (JUL 1993) accordance with the Contractor’s practice
for its employees, but in no event shall such
(a) Routine health room services may be
vacation leave be earned at a rate exceeding
available, subject to post policy, to U.S. cit-
26 work days per annum. Reimbursement for
izen contractors and their authorized de-
vacation leave is limited to the amount
pendents (regardless of citizenship) at the
earned by employees while serving under
post of duty. These services do not include
this contract.
hospitalization, or predeparture or end of
For regular employees during their tour of
tour medical examinations. The services nor-
duty in the Cooperating Country, vacation
mally include such medications as may be
leave is provided under this contract pri-
available, immunizations and preventive
marily for purposes of affording necessary
health measures, diagnostic examinations
rest and recreation. The Contractor’s Chief
and advice, and home visits as medically in-
of Party, the employee and the Cooperating
dicated. Emergency medical treatment is
Country institution associated with this
provided to U.S. citizen employees and de-
project shall develop vacation leave sched-
pendents, whether or not they may have
ules early in the employee’s tour of duty
been granted access to routine health room
taking into consideration project require-
services, on the same basis as it would be to
ments, employee preference and other fac-
any U.S. citizen in an emergency medical
tors.
situation in the country.
(2) Leave taken during the concluding
(b) Privileges such as the use of APO, PX’s,
weeks of an employee’s tour shall be in-
commissaries, and officer’s clubs are estab-
cluded in the established leave schedule and
lished at posts abroad pursuant to agree-
be limited to that amount of leave which can
ments between the U.S. and Cooperating
be earned during a twelve-month period un-
Governments. These facilities are intended
less approved in accordance with paragraph
for and usually limited to members of the of-
(a)(3) of this clause.
ficial U.S. establishment including the Em-
(3) Vacation leave earned but not taken by
bassy, USAID Mission, U.S. Information
the end of the employee’s tour pursuant to
Service, and the Military. Normally, the
paragraphs (a) (1) and (2) of this clause will
agreements do not permit these facilities to
be forfeited unless the requirements of the
be made available to nonofficial Americans.
project precluded the employee from taking
[49 FR 13259, Apr. 3, 1984, as amended at 56 such leave, and the contracting officer (with
FR 7587, Feb. 25, 1991; 58 FR 58596, Nov. 2, the endorsement of the Mission) approves
1993; 62 FR 40471, July 29, 1997] one of the following as an alternative:
(i) Taking, during the concluding weeks of
752.7030 Inspection trips by contrac- the employee’s tour, leave not permitted
tor’s officers and executives. under (a)(2) of this section, or
(ii) Lump-sum payment for leave not taken
For use in cost reimbursement con- provided such leave does not exceed the num-
tracts with an educational institution ber of days which can be earned by the em-
involving performance overseas. ployee during a twelve-month period.
(b) Sick Leave. Sick leave is earned by em-
INSPECTION TRIPS BY CONTRACTOR’S OFFICERS
ployees in accordance with the Contractor’s
AND EXECUTIVES (APR 1984)
usual practice but not to exceed 13 work
Provided it is approved by the Mission Di- days per annum or 4 hours every 2 weeks. Ad-
rector, the Contractor may send the Campus ditional sick leave after use of accrued vaca-
Coordinator, a professional member of its tion leave may be advanced in accordance
staff as an alternate to the Campus Coordi- with Contractor’s usual practice, if in the
nator, or such of its senior officials (e.g., judgment of the Contractor’s Chief of Party
president, vice presidents, deans, or depart- it is determined that such additional leave is
ment heads) to the Cooperating Country as in the best interest of the project. In no
may be required to review the progress of the event shall such additional leave exceed 30
work under this contract. Except for the days. The Contractor agrees to reimburse
Campus Coordinator or his/her alternate, no USAID for leave used in excess of the
96
amount earned during the employee’s assign- clusive of authorized delays en route, to the
ment under this contract. Sick leave earned date of arrival at the United States port of
and unused at the end of a regular tour of debarkation from international travel. Al-
duty may be carried over to an immediately- lowable vacation and sick leave taken while
succeeding tour of duty under this contract. overseas, but not leave without pay, shall be
The use of home leave authorized under this included in the required period of service
clause shall not constitute a break in service overseas. An amount equal to the number of
for the purpose of sick leave carry-over. Con- days vacation and sick leave taken in the
tractor employees will not be compensated United States, the Commonwealth of Puerto
for unused sick leave at the completion of Rico, or the possessions of the United States
their duties under this contract. will be added to the required period of serv-
(c) Home leave. (1) Home leave is leave ice overseas.
earned for service abroad for use only in the (5) Salary during travel to and from the
United States, in the Commonwealth of United States for home leave will be limited
Puerto Rico, or in the possessions of the to the time required for travel by the most
United States. expeditious air route. The Contractor will be
(2) A regular employee who is a U.S. cit- responsible for reimbursing USAID for salary
izen or resident and has served at least 2 payments made during home leave if in spite
years overseas, as defined in paragraph (c)(4) of the undertaking of the new appointment
of this clause, under this contract and has the regular employee, except for reasons be-
not taken more than 30 workdays leave (va- yond his/her control as determined by the
cation, sick, or leave without pay) in the contracting officer, does not return overseas
United States, may be granted home leave of and complete the additional required service.
not more than 15 workdays for each such Unused home leave is not reimbursable
year of service overseas, provided that such under this contract.
regular employee agrees to return overseas
(6) To the extent deemed necessary by the
upon completion of home leave under an ad-
Contractor, regular employees in the United
ditional 2 year appointment, or for a shorter
States on home leave may be authorized to
period of not less than 1 year of overseas
spend not more than 5 days in work status
service under the contract if the Mission Di-
for consultation at home office/campus or at
rector has approved in advance. Home leave
USAID/Washington before returning to their
must be taken in the United States, the
post of duty. Consultation at locations other
Commonwealth of Puerto Rico, or the pos-
sessions of the United States; any days spent than USAID/Washington or home office/cam-
elsewhere will be charged to vacation leave pus, as well as any time in excess of 5 days
or leave without pay. spent for consultation, must be approved by
(3) Notwithstanding the requirement in the Mission Director or the contracting offi-
paragraph (c)(2), of this clause, that the Con- cer.
tractor’s regular employee must have served (7) Except as provided in the schedule or
2 years overseas under this contract to be el- approved by the Mission Director or the con-
igible for home leave, Contractor may grant tracting officer, home leave is not author-
advance home leave to such regular em- ized for TCN or CCN employees.
ployee subject to all of the following condi- (d) Holidays. Holidays for Contractor em-
tions: ployees serving in the United States shall be
(i) Granting of advance home leave would in accordance with the Contractor’s estab-
in each case serve to advance the attainment lished policy and practice. Holidays for Con-
of the objectives of this contract; tractor employees serving overseas should
(ii) The regular employee shall have served take into consideration local practices and
a minimum of 18 months in the Cooperating shall be established in collaboration with the
Country on his/her current tour of duty Mission Director.
under this contract; and (e) Military leave. Military leave of not
(iii) The regular employee shall have more than 15 calendar days in any calendar
agreed to return to the Cooperating Country year may be granted in accordance with the
to serve out the remainder of his/her current Contractor’s usual practice to each regular
tour of duty and an additional 2 year ap- employee whose appointment is not limited
pointment under this contract, or such other to 1 year or less and who is a reservist of the
additional appointment of not less than 1 United States Armed Forces, provided that
year of overseas service as the Mission Direc- such military leave has been approved in ad-
tor may approve. vance by the cognizant Mission Director or
(4) The period of service overseas required Assistant Administrator. A copy of any such
under paragraph (c)(2) or paragraph (c)(3) of approval shall be provided to the contracting
this clause shall include the actual days officer.
spent in orientation in the United States (f) Leave Records. The Contractor’s leave
(less language training) and the actual days records shall be preserved and made avail-
overseas beginning on the date of departure able as part of the contractor’s records
from the United States port of embarkation which are required to be preserved and made
on international travel and continuing, in- available by the Examination of Records by
97
752.7032 48 CFR Ch. 7 (10–1–19 Edition)
the Comptroller General and Audit clauses of provide to the contractor a written state-
this contract. ment that in his/her medical opinion the em-
ployee is physically qualified to engage in
(End of clause) the type of activity for which he/she is em-
ployed and the employee is physically able
[54 FR 46392, Nov. 3, 1989, as amended at 56 to reside in the country to which he/she is
FR 2699, Jan. 24, 1991; 79 FR 74988, Dec. 16, assigned. Under a cost reimbursement con-
2014] tract, if the contractor has no written state-
ment of medical opinion on file prior to the
752.7032 International travel approval departure for the Cooperating Country of
and notification requirements (APR any employee and such employee is unable
2014). to perform the type of activity for which he/
she is employed or cannot complete his/her
For use in any USAID contract re- tour of duty because of any physical dis-
quiring international travel. ability (other than physical disability aris-
ing from an accident while employed under
INTERNATIONAL TRAVEL APPROVAL AND this contract), the contractor shall be re-
NOTIFICATION REQUIREMENTS (APR 2014) sponsible for returning the disabled em-
Prior written approval by the contracting ployee to his/her point of hire and providing
officer, or the contracting officer’s rep- a replacement at no additional cost to the
resentative (COR) if delegated in the Con- Government. In addition, in the case of a
tracting Officer’s Representative Designa- cost reimbursement contract, the contractor
tion Letter, is required for all international shall not be entitled to reimbursement for
travel directly and identifiably funded by any additional costs attributable to delays
USAID under this contract. The Contractor or other circumstances caused by the em-
must therefore present to the contracting of- ployee’s inability to complete his/her tour of
ficer or the contracting officer’s representa- duty.
tive, an itinerary for each planned inter- (b) Assignments of 60 days or more in the Co-
national trip, showing the name of the trav- operating Country. (1) The contracting officer
eler, purpose of the trip, origin/destination shall provide the contractor with a reproduc-
(and intervening stops), and dates of travel, ible copy of the ‘‘USAID Contractor Em-
ployee Physical Examination Form’’. Infor-
as far in advanced of the proposed travel as
mation required by the Paperwork Reduc-
possible, but in no event less than three
tion Act for reporting the burden estimate,
weeks before travel is planned to commence.
the points of contact regarding burden esti-
The contracting officer’s or contracting offi-
mate, and the OMB approval expiration date,
cer’s representative’s (if delegated by the
are printed on the form. The contractor shall
contracting officer) prior written approval
reproduce the form as required, and provide
may be in the form of a letter or telegram or
a copy to each employee and authorized de-
similar device or may be specifically incor-
pendent proposed for assignments of 60 days
porated into the schedule of the contract. At
or more in the Cooperating Country. The
least one week prior to commencement of contractor shall have the employee and all
approved international travel, the Con- authorized dependents obtain a physical ex-
tractor must notify the cognizant Mission, amination from a licensed physician, who
with a copy to the contracting officer or con- will complete the form for each individual.
tracting officer’s representative, of planned The employee will deliver the physical exam-
travel, identifying the travelers and the ination form(s) to the embassy health unit in
dates and times of arrival. the Cooperating Country.
[79 FR 75002, Dec. 16, 2014] (2) (The following information is provided
for two purposes: To assist fixed price
752.7033 Physical fitness. offerors to develop their price proposal, and
to provide cost reimbursement contractors
For use in all USAID contracts in- with guidance in determining reasonable and
volving performance overseas. allowable costs.) As a contribution to the
cost of medical examinations, USAID shall
PHYSICAL FITNESS (JUL 1997)
reimburse the contractor for the physical ex-
(The requirements of this provision do not amination authorized in paragraph (a) of this
apply to employees hired in the Cooperating section in an amount not to exceed $100 for
Country or to authorized dependents who the physical examination, plus reimburse-
were already in the Cooperating Country ment of charges for immunizations to the ex-
when their sponsoring employee was hired.) tent not covered by the contractor’s health
(a) Assignments of less than 60 days in the insurance policy. For physical examinations
Cooperating Country. The contractor shall re- authorized in paragraph (b)(1) above, the
quire employees being assigned to the Co- USAID contribution to the cost of the exam-
operating Country for less than 60 days to be ination shall be as follows:

examined by a licensed doctor of medicine. (i) For the employee and authorized de-
The contractor shall require the doctor to pendents 12 years of age and over, one half of
98
the cost of each examination up to a max- propriate location in videos or other infor-
imum USAID share of $300 per individual, mation/media products. Logos and markings
plus reimbursement of charges for immuni- of co-sponsors or authorizing institutions
zations to the extent not covered by the con- should be similarly located and of similar
tractor’s health insurance policy. size and appearance.
(ii) For authorized dependents under 12
years of age, one half of the cost of each ex- (End of clause)
amination up to a maximum USAID share of
$120 per individual, plus reimbursement of [57 FR 5237, Feb. 13, 1992]
charges for immunizations to the extent not
covered by the contractor’s health insurance 752.7035 Public notices.
policy.
(iii) The contractor must obtain the prior The following clause is for use when
written approval of the contracting officer to the contracting officer’s representative
receive any USAID contributions higher determines that the contract is of pub-
than these limits. lic interest, and that both the public
and the Government would benefit
(End of clause)
from public notices concerning the
contract, and requests that the con-
FR 58596, Nov. 2, 1993; 62 FR 40471, July 29,
tracting officer include the clause in
1997; 62 FR 45334, Aug. 27, 1997; 79 FR 74988, the contract.
75003, Dec. 16, 2014] PUBLIC NOTICES (DEC 1991)
752.7034 Acknowledgement and dis- It is USAID’s policy to inform the public
claimer. as fully as possible of its programs and ac-
tivities. The contractor is encouraged to give
For use in any USAID contract which public notice of the receipt of this contract
funds or partially funds publications, and, from time to time, to announce progress
videos, or other information/media and accomplishments. Press releases or
products. other public notices should include a state-
ment substantially as follows: ‘‘The U.S.
ACKNOWLEDGEMENT AND DISCLAIMER (DEC Agency for International Development ad-
1991) ministers the U.S. foreign assistance pro-
(a) USAID shall be prominently acknowl- gram providing economic and humanitarian
edged in all publications, videos or other in- assistance in more than 80 countries world-
formation/media products funded or par- wide.’’ The contractor may call on USAID’s
tially funded through this contract, and the Legislative and Public Affairs (LPA) for ad-
product shall state that the views expressed vice regarding public Notices. The con-
by the author(s) do not necessarily reflect tractor is requested to provide copies of no-
those of USAID. Acknowledgements should tices or announcements to the contracting
identify the sponsoring USAID Office and officer’s representative and to USAID’s Leg-
Bureau or Mission as well as the U.S. Agency islative and Public Affairs (LPA) as far in
for International Development substantially advance of release as possible.
as follows:
‘‘This (publication, video or other informa- (End of clause)
tion/media product (specify)) was made pos-
sible through support provided by the Office [57 FR 5237, Feb. 13, 1992, as amended at 60
of lll, Bureau for lll, U.S. Agency for FR 11913, Mar. 3, 1995; 79 FR 74988, Dec. 16,
International Development, under the terms 2014]
of Contract No. lll. The opinions ex-
pressed herein are those of the author(s) and 752.7036 USAID Implementing Partner
do not necessarily reflect the views of the Notices (IPN) portal for acquisition.
U.S. Agency for International Develop-
ment.’’ Insert the following clause in section
(b) Unless the contractor is instructed oth- I of all solicitations and resulting con-
erwise by the cognizant technical office, pub- tracts, except for orders under indefi-
lications, videos or other information/media nite delivery contracts issued pursuant
products funded under this contract and in- to (48 CFR) FAR subpart 16.5; orders
tended for general readership or other gen- under Federal Supply (GSA) Schedules
eral use will be marked with the USAID logo
issued pursuant to (48 CFR) FAR sub-
and/or U.S. AGENCY FOR INTERNATIONAL
DEVELOPMENT appearing either at the top part 8.4; and contracts and purchase or-
ders awarded under the simplified ac-
or at the bottom of the front cover or, if

more suitable, on the first inside title page quisitions procedures of (48 CFR) FAR
for printed products, and in equivalent/ap- part 13.
99
752.7037 48 CFR Ch. 7 (10–1–19 Edition)
USAID Implementing Partner Notices (IPN) Note to paragraph (d)(2)(i): The contractor
Portal FOR Acquisition (July 2014) must not incorporate any other changes to
(a) Definitions. As used in this clause— the IPN Portal modification.
‘‘Universal’’ bilateral modification means a (ii) Notify the Contracting Officer in writ-
bilateral modification, as defined in FAR ing if the modification requires negotiation
subpart 43.1, that updates or incorporates of the additional changes to terms and condi-
new FAR or AIDAR clauses, other terms and tions of the contract; or
conditions, or special requirements, affect- (iii) Notify the contracting officer that the
ing all USAID awards or a class of awards, as contractor declines to sign the modification.
specified in the Agency notification of such (3) Within 30 calendar days of receipt of a
modification. signed modification from the contractor, the
USAID Implementing Partner Notices (IPN) contracting officer must provide the fully
Portal for Acquisition (IPN Portal) means the executed modification to the contractor or
single point where USAID uploads universal initiate discussions with the contractor. Bi-
bilateral modifications, which can be lateral modifications provided through the
accessed electronically by registered USAID IPN Portal are not effective until both the
contractors. The IPN Portal is located at
contractor and the contracting officer sign
https://sites.google.com/site/ipnforacquisitions/.
the modification.
IPN Portal Administrator means the USAID
official designated by the M/OAA Director,
who has overall responsibility for managing (End of clause)
the USAID Implementing Partner Notices
Portal for Acquisition. [81 FR 48718, July 26, 2016]
(b) By submission of an offer and execution
of a contract, the Offeror/Contractor ac- 752.7037 Child safeguarding stand-
knowledges the requirement to: ards.
(1) Register with the IPN Portal if awarded
a contract resulting from this solicitation; Insert the following clause in section
and I of all solicitations and contracts
(2) Receive universal bilateral modifica- other than those for commercial items.
tions of this contract and general notices
through the IPN Portal. Child Safeguarding Standards (Aug. 2016)
(c) Procedure to register for notifications. Go
(a) Implementation of activities under this
to: https://sites.google.com/site/
award may involve children, or personnel en-
usaidipnforacquisitions/ and click the ‘‘Reg-
ister’’ button at the top of the page. Con- gaged in the implementation of the award
tractor representatives must use their offi- may come into contact with children, which
cial organization email address when sub- could raise the risk of child abuse, exploi-
scribing, not personal email addresses. tation, or neglect within this award. The
(d) Processing of IPN portal modifications. (1) contractor agrees to abide by the following
The contractor may access the IPN Portal at child safeguarding core principles:
any time to review all IPN Portal modifica- (1) Ensure compliance with host country
tions; however, the system will also notify and local child welfare and protection legis-
the contractor by email when the USAID lation or international standards, whichever
IPN Portal Administrator uploads a uni- gives greater protection, and with U.S. law
versal bilateral modification for contractor where applicable;
review and signature. Proposed IPN Portal (2) Prohibit all personnel from engaging in
modifications distributed through the IPN child abuse, exploitation, or neglect;
Portal are applicable to all awards, unless (3) Consider child safeguarding in project
otherwise noted in the proposed modifica- planning and implementation to determine
tion. potential risks to children that are associ-
(2) Within 15 calendar days from receipt of ated with project activities and operations;
the notification email from the IPN Portal,
(4) Apply measures to reduce the risk of
the contractor must do one of the following:
child abuse, exploitation, or neglect, includ-
(i)(A) Verify applicability of the proposed
ing, but not limited to, limiting unsuper-
modification to their award(s) per the in-
structions provided with each modification; vised interactions with children; prohibiting
(B) Download the modification and incor- exposure to pornography; and complying
porate the following information on the SF30 with applicable laws, regulations, or customs
form: contract number, organization name, regarding the photographing, filming, or
and organization mailing address as it ap- other image-generating activities of chil-
pears in the basic award; dren;
(C) Sign the hardcopy version; and (5) Promote child-safe screening proce-
(D) Send the signed modification (by email dures for personnel, particularly personnel
or hardcopy) to the contracting officer for whose work brings them in direct contact
signature; with children; and
100
Agency for International Development Pt. 753
(6) Have a procedure for ensuring that per- through prostitution or the production of
sonnel and others recognize child abuse, ex- pornographic materials.
ploitation, or neglect; mandating that per- (d) The contractor must insert this clause
sonnel and others report allegations; inves- in all subcontracts under this award.
tigating and managing allegations; and tak-
ing appropriate action in response to such al- (End of clause)
legations, including, but not limited to, dis-
missal of personnel. [81 FR 48718, July 26, 2016]
(b) The contractor must also include in the
code of conduct for all personnel imple- 752.7038 Nondiscrimination against
menting USAID-funded activities, the child End-Users of Supplies or Services.
safeguarding principles in paragraphs (a)(1)
through (6) of this clause. The following clause must be in-
(c) The following definitions apply for pur- serted in section I of all solicitations
poses of this clause: and resulting contracts.
(1) Child. A child or children are defined as
persons who have not attained 18 years of NONDISCRIMINATION AGAINST END-USERS OF
age. SUPPLIES OR SERVICES (OCT 2016)
(2) Child abuse, exploitation, or neglect. Con- (a) USAID policy requires that the con-
stitutes any form of physical abuse; emo- tractor not discriminate against any end-
tional ill-treatment; sexual abuse; neglect or user of the contract supplies or services (i.e.,
insufficient supervision; trafficking; or com- the beneficiaries of the supplies or services)
mercial, transactional, labor, or other ex- in implementation of this award, such as,
ploitation resulting in actual or potential but not limited to, by withholding, adversely
harm to the child’s health, well-being, sur- impacting, or denying equitable access to
vival, development, or dignity. It includes, the supplies or services (benefits) provided
but is not limited to: Any act or failure to
through this contract on the basis of any
act which results in death, serious physical
factor not expressly stated in the award.
or emotional harm to a child, or an act or
This includes, for example, race, color, reli-
failure to act which presents an imminent
gion, sex (including gender identity, sexual
risk of serious harm to a child.
orientation, and pregnancy), national origin,
(3) Emotional abuse or ill treatment. Con-
disability, age, genetic information, marital
stitutes injury to the psychological capacity
status, parental status, political affiliation,
or emotional stability of the child caused by
or veteran’s status. Nothing in this clause is
acts, threats of acts, or coercive tactics.
Emotional abuse may include, but is not lim- intended to limit the ability of the con-
ited to: Humiliation, control, isolation, with- tractor to target activities toward the as-
holding of information, or any other delib- sistance needs of certain populations as de-
erate activity that makes the child feel di- fined in the contract.
minished or embarrassed. (b) The Contractor must insert this clause,
(4) Exploitation. Constitutes the abuse of a including this paragraph, in all subcontracts
child where some form of remuneration is in- under this contract.
volved or whereby the perpetrators benefit in
some manner. Exploitation represents a form (End of clause)
of coercion and violence that is detrimental
to the child’s physical or mental health, de- [81 FR 73354, Oct. 25, 2016]
velopment, education, or well-being.
(5) Neglect. Constitutes failure to provide Subpart 752.3–70—USAID Clause
for a child’s basic needs within USAID-fund-
ed activities that are responsible for the care
Matrices [Reserved]
of a child in the absence of the child’s parent
or guardian. PART 753—FORMS
(6) Physical abuse. Constitutes acts or fail-
ures to act resulting in injury (not nec- Subpart 753.1—General
essarily visible), unnecessary or unjustified
pain or suffering without causing injury, Sec.
harm or risk of harm to a child’s health or 753.107 Obtaining forms.
welfare, or death. Such acts may include, but
are not limited to: Punching, beating, kick- Subpart 753.2—Prescription of Forms
ing, biting, shaking, throwing, stabbing,
choking, or hitting (regardless of object 753.270 Prescription of USAID Forms.
used), or burning. These acts are considered
abuse regardless of whether they were in- Subpart 753.3—Illustration of Forms
tended to hurt the child.
(7) Sexual abuse. Constitutes fondling a

child’s genitals, penetration, incest, rape, AUTHORITY: Sec. 621, Pub. L. 87–195, 75 Stat.
sodomy, indecent exposure, and exploitation 445 (22 U.S.C. 2381), as amended; E.O. 12163,
101
753.107 48 CFR Ch. 7 (10–1–19 Edition)
Sept. 29, 1979 44 FR 56673, 3 CFR, 1979 Comp., contract with an individual which occurs
p. 435. when, as a result of the contract’s terms or
the manner of its administration during per-
SOURCE: 53 FR 50632, Dec. 16, 1988, unless
formance, the contractor is subject to the
otherwise noted.
relatively continuous supervision and con-
trol of a Government officer or employee.
Subpart 753.1—General (3) Non-person services contract means a con-
tract under which the personnel rendering
753.107 Obtaining forms. the services are not subject either by the
contract’s terms or by the manner of its ad-
Copies of any USAID Form ref- ministration, to the supervision and control
erenced in the AIDAIR may be ob- usually prevailing in relationships between
tained from the U.S. Agency for Inter- the Government and its employees.
national Development, Washington, DC (4) Independent contractor relationship
20523–0001, Attention: M/AS/ISS, Dis- means a contract relationship in which the
tribution, Room B–929 N.S., or from the contractor is not subject to the supervision
cognizant contracting officer. and control prevailing in relationships be-
tween the Government and its employees.
[53 FR 50632, Dec. 16, 1988, as amended at 56 Under this relationship, the Government
FR 2699, Jan. 24, 1991; 56 FR 67226, Dec. 30, does not normally supervise the performance
1991; 59 FR 33447, June 29, 1994; 62 FR 40471, of the work, control the days of the week or
July 29, 1997; 79 FR 75003, Dec. 16, 2014] hours of the day in which it is to be per-
formed, or the location of performance.
Subpart 753.2—Prescription of (5) Resident hire means a U.S. citizen who,
at the time of hire as a PSC, resides in the
Forms cooperating country as a spouse or depend-
ent of a U.S. citizen employed by a U.S. gov-
753.270 Prescription of USAID forms. ernment agency or under any U.S. govern-
The requirements for use of USAID ment-financed contract or agreement, or for
forms are contained in parts 701 reasons other than for employment with a
through 752 where the subject matter U.S. government agency or under any U.S.
government-financed contract or agreement.
applicable to the form is addressed. A U.S. citizen for purposes of this definition
also includes persons who at the time of con-
Subpart 753.3—Illustration of tracting are lawfully admitted permanent
Forms residents of the United States.
(6) U.S. resident alien means a non-U.S. cit-
753.300 Scope of subpart. izen lawfully admitted for permanent resi-
dence in the United States.
USAID forms are not illustrated in (7) Abroad means outside the United States
the AIDAR. Copies of any USAID form and its territories and possessions.
prescribed in the AIDAR may be ob- (8) USAID direct-hire employees means civil-
tained as provided in 753.107. ian employees appointed under USAID Hand-
book 25 procedures or superseding Auto-
mated Directive System (ADS) Chapters.
PARTS 754–799 [RESERVED]
2. Legal Basis. (a) Section 635(b) of the For-
eign Assistance Act of 1961, as amended
APPENDIXES A–C TO CHAPTER 7 (hereinafter referred to as the ‘‘FAA’’) pro-
[RESERVED] vides the Agency’s contracting authority.
(b) Section 636(a)(3) of the FAA (22 U.S.C.
APPENDIX D TO CHAPTER 7—DIRECT 2396(a)(3)) authorizes the Agency to enter
USAID CONTRACTS WITH A U.S. CIT- into personal services contracts with individ-
IZEN OR A U.S. RESIDENT ALIEN FOR uals for personal services abroad and pro-
PERSONAL SERVICES ABROAD vides further that such individuals ‘‘* * *
shall not be regarded as employees of the
1. General. (a) Purpose. This appendix sets U.S. Government for the purpose of any law
forth the authority, policy, and procedures administered by the Civil Service Commis-
under which USAID contracts with a U.S. sion.’’ 1
citizen or U.S. resident alien for personal
3. Applicability. (a) This appendix applies to
services abroad.
all personal services contracts with U.S. citi-
(b) Definitions. (1) Personal services contract
zens or U.S. resident aliens to provide assist-
(PSC) means a contract that, by its express
ance abroad under Section 636(a)(3) of the
terms or as administered, make the con-
FAA.
tractor personnel appear, in effect, Govern-
ment employees (see FAR 37.104).

(2) Employer-employee relationship means an 1 The Civil Service Commission is now the
employment relationship under a service Federal Office of Personnel Management.
102
Agency for International Development Ch. 7, App. D
(b) This appendix does not apply to: b. They may not be designated as Con-
(1) Nonpersonal services contracts with tracting Officers or delegated authority to
U.S. citizens or U.S. resident aliens; such sign obligating or subobligating documents.
contracts are covered by the basic text of the c. They may represent the agency, except
FAR (48 CFR Chapter 1) and the AIDAR (48 that communications that reflect a final pol-
CFR chapter 7). icy, planning or budget decision of the agen-
(2) Personal services contracts with indi- cy must be cleared by a USDH employee.
vidual Cooperating Country Nationals d. They may participate in personnel selec-
(CCNs) or Third Country Nationals (TCNs). tion matters, but may not be delegated au-
Such contracts are covered by Appendix J of thority to make a final decision on personnel
this chapter. selection.
(3) Other personal services arrangements e. Exceptions to the limitations in this
covered by USAID Handbook 25—Employ- paragraph (b)(3) must be approved by the As-
ment and Promotion or superseding ADS sistant Administrator for Management (AA/
Chapters. M).
(4) Interagency agreements (e.g., PASAs (c) Withholdings and Fringe Benefits. (1) Per-
and RSSAs covered by ADS 306—Interagency sonal services contractors (PSCs) are Gov-
Agreements. ernment employees for purposes of the Inter-
4. Policy. (a) General. USAID may finance, nal Revenue Code (Title 26 of the United
with either program or operating expense States Code) and are, therefore, subject to
(OE) funds, the cost of personal services con- social security (FICA) and Federal income
tracts as part of the Agency’s program of tax (FIT) withholdings. As employees, they
foreign assistance by entering into a direct are ineligible for the ‘‘foreign earned in-
contract with an individual U.S. citizen or come’’ exclusion under the Internal Revenue
U.S. resident alien for personal services Service (IRS) regulations (see 26 CFR 1.911–
abroad. 3(c)(3)).
(1) Program funds. Under the authority of (2) Personal services contractors are treat-
Section 635(h) of the FAA, program funds ed on par with other Government employees,
may be obligated for periods up to five years except for programs based on any law admin-
where necessary and appropriate to the ac- istered by the Federal Office of Personnel
complishment of the tasks involved. Management (e.g., incentive awards, life in-
(2) Operating Expense Funds. Pursuant to surance, health insurance, and retirement
USAID budget policy, OE funded salaries and programs covered by 5 CFR Parts 530, 531,
other recurrent cost items may be forward 831, 870, 871, and 890). While PSCs are ineli-
funded for a period of up to three (3) months gible to participate in any of these programs,
beyond the fiscal year in which these funds the following fringe benefits are provided as
were obligated. Non-recurring cost items a matter of policy:
may be forward funded for periods not to ex- (i) The employer’s FICA contribution for
ceed twenty-four (24) months where nec- retirement purposes.
essary and appropriate to accomplishment of (ii) A contribution against the actual cost
the work. 2 of the PSC’s annual health and life insurance
(b) Limitations on Personal Services Con- costs. Proof of health and life insurance cov-
tracts. (1) Personal services contracts may erage and its actual cost to the PSC shall be
only be used when adequate supervision is submitted to the Contracting Officer before
available. any contribution is made. (See also para-
(2) Personal services contracts may be used graph 4(c)(3) of this appendix.)
for commercial activities. Commercial ac- (A) The contribution for health insurance
tivities provide a product or service which shall not exceed 50% of the actual cost to the
could be obtained from a commercial source. PSC for his/her annual health insurance, or
See Attachment A of OMB Circular A–76 for the maximum U.S. Government contribution
a representative list of such activities. for a direct-hire employee, as announced an-
(3) Notwithstanding any other provision of nually by the Office of Personnel Manage-
USAID directives, regulations or delega- ment, whichever is less. If the PSC is covered
tions, U.S. citizen personal services contrac- under a spouse’s health insurance plan,
tors (USPSCs) may be delegated or assigned where the spouse’s employer pays some or all
any authority, duty or responsibility dele- of the health insurance costs, the cost to the
gable to U.S. citizen direct-hire employees PSC for annual health insurance shall be
(USDH employees) except that: considered to be zero.
a. They may not supervise U.S. direct-hire (B) The contribution for life insurance
employees of USAID or other U.S. Govern- shall be up to 50% of the actual annual costs
ment agencies. They may supervise USPSCs to the PSC for life insurance, not to exceed
and non-U.S. citizen employees. $500.00 per year.
(iii) PSCs shall receive the same percent-
2 If there is a need, these contracts may be age pay comparability adjustment as U.S.
written for 5 years also but funded only as Government employees subject to the avail-
outlined in paragraph 4(a) of this appendix. ability of funds.
103
Ch. 7, App. D 48 CFR Ch. 7 (10–1–19 Edition)
(iv) PSCs shall receive a 3% annual salary (3) A PSC who is a spouse of a current or
increase subject to satisfactory performance retired Civil Service, Foreign Service, or
documented in their annual written evalua- Military Service member and who is covered
tion. Such increase may not exceed 3% with- by their spouse’s Government health or life
out a deviation. This 3% limitation also ap- insurance policy is ineligible for the con-
plies to extensions of the same service or ne- tribution under paragraph 4(c)(2)(ii) of this
gotiations for a new contract for the same or appendix.
similar services unless a deviation has been (4) Retired U.S. Government employees
approved. shall not be paid additional contributions for
(v) PSCs shall receive the following allow- health or life insurance under their contract
ances and differentials provided in the State (since the Government will normally have
Department’s Standardized Regulations already paid its contribution for the retiree)
(Government Civilians Foreign Areas) on the unless the employee can prove to the satis-
same basis as U.S. Government employees faction of the Contracting Officer that his/
(except for U.S. resident hires, see paragraph her health and life insurance does not pro-
4(d) and Section 12, General Provisions, vide or specifically excludes coverage over-
Clause 22, ‘‘U.S. Resident Hire Personal seas. If coverage overseas is excluded, then
Services Contractors’’): eligibility as cited in paragraph 4(c)(3) ap-
(A) Temporary lodging allowance (Section plies.
120), 3 (5) Retired U.S. Government employees
(B) Living quarters allowance (Section
may be awarded Personal Services Contracts
130), 3
without any reduction in or offset against
(C) Post allowance (Section 220), 3
their Government annuity.
(D) Supplemental post allowance (Section
230), 3 (d) U.S. Resident Hire Personal Services Con-
(E) Separate maintenance allowance (Sec- tractors. U.S. resident-hire PSCs are not eli-
tion 260), 4 gible for any fringe benefits (except con-
(F) Education allowance (Section 270), 4 tributions for FICA, health insurance, and
(G) Educational travel (Section 280), 4 life insurance), including differentials and
(H) Post differential (Section 500), allowances unless such individuals can dem-
(I) Payments during evacuation/authorized onstrate to the satisfaction of the Con-
departure (Section 600), and tracting Officer that they have received
(J) Danger pay (Section 650). similar benefits and allowances from their
(vi) Any allowance or differential that is immediately previous employer in the co-
not expressly stated in paragraph 4(c)(2)(v) is operating country, or the Mission Director
not authorized for any PSC unless a devi- may determine that payment of such bene-
ation is approved. The only exception is a fits would be consistent with the Mission’s
consumables allowance if authorized for the policy and practice and would be in the best
post under Handbook 22 or superseding ADS interests of the U.S. Government.
Chapter. (e) Determining salary for personal services
(vii) Health room services may be provided contractors. (1) There are two separate and
in accordance with the clause of this con- distinct methods of establishing a salary for
tract entitled ‘‘Physical Fitness and Health personal services contractors. Use of method
Room Privileges.’’ number 1 is required unless justified and ap-
(viii) PSCs are eligible to receive benefits proved as provided for in paragraph (e)(1)(ii).
for injury, disability, or death under the (i) Method 1: Salaries for Personal Services
Federal Employees’ Compensation Act since Contractors shall be established based on the
the law is administered by the Department market value in the United States of the po-
of Labor not the Office of Personnel Manage- sition being recruited for. This requires the
ment. Contracting Officer in coordination with the
(ix) PSCs are eligible to earn four hours of Technical Officer to determine the correct
annual leave and four hours of sick leave for market value (a salary range) of the position
each two week period. However, PSCs with to be filled. This method is required in estab-
previous PSC service (not previous U.S. Gov- lishing salary for all PSCs unless method 2 is
ernment civilian or military service) earn ei- authorized as provided for in paragraph
ther six hours of annual leave for each two (e)(1)(ii). Contract Information Bulletin
week period if their previous PSC service ex- (CIB) 96–8 dated February 23, 1996 provides a
ceeds 3 years (including 10 hours annual guide which contains information con-
leave for the final pay period of a calendar cerning Preparation of Scopes of Work, De-
year), or eight hours of annual leave for each termination of Salary Class Grade, Salary
two week period if their previous PSC serv- Class Bench Marks and Salary Class Review.
ice exceeds 15 years. The market value of the position then be-
comes the basis along with the applicants’
3 Mission Directors may authorize per diem certified salary history on the SF 171, ‘‘Per-
in lieu of these allowances. sonal Qualifications Statement’’ for salary

4 These allowances are not authorized for negotiations by the Contracting Officer. The
short tours (i.e., less than a year). SF 171 must be retained in the permanent
104
contract file. Any position which is deter- standing the lack of a current earnings his-
mined to be above the GS–13 equivalent and tory, provided that the applicant has the full
exceeds six months in duration must be clas- qualifications for the job and could com-
sified by M/HR/POD. The crucial point is the mand a similar salary in the open job mar-
establishment of a realistic and reasonable ket.
market value for a job. The final determina- (3) This appendix applies the ‘‘USAID Con-
tion regarding the reasonableness of a salary tractor Salary Threshold (USAID CST)’’ pol-
level rests with the Contracting Officer. Pay- icy in Automated Directives System (ADS)
ing salaries using this method avoids ‘‘rank Chapter 302.3.6.8 to salaries for U.S. PSCs.
in person’’ salaries which are in excess of the Salaries in excess of the USAID CST, which
value of the job being contracted for. is equivalent to the maximum rate for Fed-
(ii) Method 2: If approved in writing by the eral agencies without a certified SES per-
Mission Director or the cognizant Assistant formance appraisal system, must be ap-
Administrator, based on written justifica- proved by the M/OAA Director in accordance
tion, salary may be negotiated based on the with the approval procedures in ADS
applicant’s current earnings adjusted in ac- 302.3.6.8(e). This approval cannot be re-dele-
cordance with the factors set out in para- gated.
graphs (e)(1)(ii) (A) through (C). This ap- (f) Incentive awards. U.S. PSCs are not eli-
proval requirement cannot be redelegated. gible to receive monetary awards. They are
Current earnings must be certified by the eligible for non-monetary awards such as
contractor on the SF 171, (see paragraph certificates.
6(b)(3) of this appendix). This is guidance for (g) Annual salary increase. PSC contracts
establishing initial salaries, not subsequent written for more than one year should pro-
increases, for the same contractor per- vide for a 3% annual increase based on satis-
forming the same function. factory performance documented in their an-
(A) As a rule, up to a 3 percent increase nual written evaluations.
above current earnings may be given. How- (h) Pay comparability adjustment. PSCs shall
ever, a 3 percent increase is awarded only to receive the same percentage pay com-
a PSC whose earnings are based on a period parability adjustment as that received by
of twelve months or more; 2 percent for es- U.S. Government employees subject to the
tablished earnings of less than twelve availability of funds.
months but not less than four months; or 1 (i) Subcontracting. PSCs are U.S. Govern-
percent for established earnings during the ment employees and may not be called upon
past four months. (or permitted) to subcontract out any part of
(B) Additional percentages may be given their work. Funds for subcontracting have
for the following factors. If a PSC has no place in the budget of a personal services
worked in a developing country for more contract. Support services, equipment, and
than two years, an additional 1 percent may supplies (e.g., typing and report preparation,
be awarded. Education related to the area of paper, pens, computers, and furniture)
specialization and above the minimum quali- should be furnished to PSCs just as they
fication required may warrant an additional would be to direct-hire employees. To the ex-
1 percent, and those specialties for which tent that direct-hire personnel may be au-
there is keen competition in the employ- thorized to purchase supporting services or
ment market or a serious shortage category supplies under a travel authorization, so
nationwide may be awarded an additional 2 may PSCs; otherwise, contracts for personal
percent. In addition, related technical expe- services should not contain any funds for
rience over 5 years may increase the percent- procurement.
age by 1 and over ten years by 3. 5. Soliciting for Personal Services Contracts.
(C) All requests for an initial rate of pay (a) Technical Officer’s responsibilities. The
above 10 percent over current earnings must Technical Officer will prepare a written de-
be approved in writing by the appropriate tailed statement of duties and a statement of
Assistant Administrator or Mission Director. minimum qualifications to cover the posi-
Current earnings are actual earnings for tion being recruited for. The statement shall
work reasonably related to the position for be included in the procurement request (the
which the applicant is being considered. Acquisition & Assistance Request Document)
Paragraphs 4(e)(1)(ii) (A) through (C) apply e.g., the request shall also include the fol-
only to salary setting method number 2 in lowing additional information as a min-
paragraph 4 (e)(1)(ii). imum:
(2) When an applicant has no current earn- (1) The specific foreign location(s) where
ings history (e.g., a person returning to the the work is to be performed, including any
workforce after an absence of a number of travel requirements (with an estimate of fre-
years) or when an applicant’s current earn- quency);
ings history doesn’t accurately reflect the (2) The length of the contract, with begin-
applicant’s job market worth (e.g., a Peace ning and ending dates, plus any options for
Corps volunteer), every effort should be renewal or extension;

made to establish a market value for the po- (3) The basic education, training, experi-
sition as a basis for negotiation, notwith- ence, and skills required for the position;
105
(4) An estimate of what a comparable GS/ (ii) As an alternative to the procedures in
FS equivalent position should cost, including paragraphs 5(c) (i) and (ii), at least 3 individ-
basic salary, allowances, and differentials, if uals were considered by consulting source
appropriate; and lists (e.g., applications or resumes on hand)
(5) A list of Government or host country or conducting other informal solicitation.
furnished items (e.g., housing). (iii) Extensions or renewals with the same
(b) Contracting Officer’s responsibilities. (1) individual for continuing services do not
The Contracting Officer will prepare the so- need to be publicized.
licitation for personal services which shall (iv) A copy of the class justification (which
contain: was distributed to all USAID Contracting Of-
(i) Three sets of SF 171s and SF 171As. ficers via Contract Information Bulletin)
(Upon receipt, one copy of each SF 171 and must be included in the contract file, to-
SF 171A shall be forwarded to the Project Of- gether with a written statement, signed by
ficer.) the Contracting Officer, that the contract is
(ii) A detailed statement of duties or a being awarded pursuant to (48 CFR) AIDAR
completed position description for the posi- 706.302–70(b)(1); that the conditions for use of
tion being recruited for. this class justification have been met; and
(iii) A copy of the prescribed contract that the cost of the contract is fair and rea-
Cover Page, Contract Schedule, General Pro- sonable.
(4) If the appropriate competitive proce-
visions as appropriate, as well as the FAR
dure in paragraph 5(3) is not followed, the
Clauses to be incorporated in full text and by
Contracting Officer must prepare a separate
reference.
justification as required under (48 CFR)
(iv) A copy of the USAID General Notice
AIDAR 706.302–70(c)(2).
entitled ‘‘Employee Review of the New
(5) Since the award of a Personal Services
Standards of Conduct’’.
Contract is based on technical qualifica-
(2) The Contracting Officer shall comply tions, not price, and since the SF 171, ‘‘Per-
with the requirements of (48 CFR) AIDAR sonal Qualifications Statement’’, and SF
706.302–70(c) as detailed in paragraph 5(c) ex- 171A, ‘‘Continuation Sheet for Standard
cept those recruited from the U.S. Form 171’’, are used to solicit for such con-
(c) Competition. (1) Under (48 CFR) AIDAR tracts, FAR subparts 15.4 and 15.5 and FAR
706.302–70(b)(1), Personal Services Contracts parts 52 and 53 are inappropriate and shall
(except those recruited from the U.S.) are ex- not be used. Instead, the solicitation and se-
empt from the requirements for full and open lection procedures outlined in this Appendix
competition with two limitations that must shall govern.
be observed by Contracting Officers:
6. Negotiating a Personal Services Contract.
(i) Offers are to be requested from as many
Negotiating a Personal Services Contract is
potential offerors as is practicable under the
significantly different from negotiating a
circumstances, and
nonpersonal services contract because it es-
(ii) A justification supporting less than full tablishes an employer-employee relation-
and open competition must be prepared in ship; therefore, the selection procedures are
accordance with FAR 6.303. more akin to the personnel selection proce-
(2) PSCs with Untied States citizens or resi- dures.
dent aliens recruited from outside the cooper- (a) Technical Officer’s responsibilities. The
ating country. Solicitations for PSCs re- Technical Officer shall be responsible for re-
cruited outside the cooperating country viewing and evaluating the applications (i.e.,
must be publicized via the Agency’s External SF 171s) received in response to the solicita-
Home Page on the Internet under the cap- tion issued by the Contracting Officer. If
tion ‘‘Business & Procurement, USAID Pro- deemed appropriate, interviews may be con-
curements.’’ Instructions regarding how to ducted with the applicants before the final
access the External Internet and the infor- selection is submitted to the Contracting Of-
mation to be provided have been approved ficer.
and included in a CIB. A justification under (b) Contracting Officer’s responsibilities. (1)
FAR 6.303 is not required when this proce- The Contracting Officer shall forward a copy
dure is followed. of each SF 171 received under the solicitation
(3) A class justification was approved by to the Project Officer for evaluation.
the USAID Procurement Executive to satisfy (2) On receipt of the Technical Officer’s
the requirements of (48 CFR) AIDAR 706.302– recommendation, the Contracting Officer
70(c)(2) for a justification in accordance with shall conduct negotiations with the rec-
FAR 6.303. This class justification for Per- ommended applicant. Normally, the Con-
sonal Services Contracts with U.S. Citizens tracting Officer shall negotiate only the sal-
may only be used for those who are recruited ary (see the salary setting coverage in para-
locally subject to the following conditions: graph 4(e) of this Appendix). The terms and
(i) The position was publicized locally in conditions of the contract, including dif-
accordance with established Mission policy ferentials and allowances, are not negotiable
or procedure, or the procedures in paragraph or waivable without a properly approved de-
5(c)(ii) was followed; viation (see (48 CFR) AIDAR 701.470). If the
106
Contracting Officer can negotiate a salary (e) Selection of the contractor is docu-
that is fair and reasonable, then the award mented and justified. (48 CFR) AIDAR
shall be made. 706.302–70(b)(1) provides an exception to the
(3) The Contracting Officer shall use the requirement for full and open competition
certified salary history on the SF 171 as the for Personal Services Contracts abroad (see
basis for salary negotiations, along with the paragraph 5(c) of this appendix);
market value of the position being recruited (f) The standard contract format pre-
for (unless approval not to use market value scribed for Personal Services Contracts (Sec-
has been granted under paragraph 4(e)(1)(ii)), tions 10, 11, 12 and 13 to this appendix) is
and the Technical Officer’s cost estimate. used; or that any necessary deviations are
(4) The Contracting Officer will obtain two processed as required by (48 CFR) AIDAR
copies of IRS Form W–4, ‘‘Employee’s With- 701.470.
holding Allowance Certificate’’, from the (NOTE: The prescribed contract format is
successful applicant. (Upon receipt, the Con- designed for use with contractors who are re-
tracting Officer will forward one copy of the siding in the U.S. when hired. If the contract
W–4 to the Office of the Controller.) is with a U.S. citizen residing in the cooper-
(5) Security clearance is required for all ating country when hired, contract provi-
U.S. citizens entering into USAID PSCs. The sions governing physical fitness and travel/
Contracting Officer will obtain four sets of transportation expenses, and home leave, al-
SF 86, ‘‘Security Investigation Data for Sen- lowances, and orientation should be suitably
sitive Position’’, from the successful appli- modified (see paragraph 4(d) of this appen-
cant and forward them to the Office of Secu- dix)).
rity. PSCs may receive a preliminary clear- These modifications are not considered devi-
ance and be placed under contract prior to ations subject to (48 CFR) AIDAR 701.470.
receipt of clearance provided the appropriate (Justification and explanation of these modi-
paper work has been completed, reviewed by fications is to be included in the contract
IG/SEC/PSI and acknowledged as a ‘‘no ob- file);
jection’’ to the appropriate Mission. See (g) Orientation is arranged in accordance
General Provision 24 in section 12 of this ap- with General Provision 23 in section 12 of
pendix. this appendix;
7. Executing a Personal Services Contract. (h) The contractor has submitted the
Contracting Officers or Heads of Contracting names, addresses, and telephone numbers of
Activities, whether USAID/W or Mission, at least two persons who may be notified in
may execute Personal Services Contracts, the event of an emergency (this information
provided that the amount of the contract is to be retained in the contract file);
does not exceed the contracting authority (i) The contract is complete and correct
that has been redelegated to them. In exe- and all information required on the contract
cuting a Personal Services Contract, the Cover Page (USAID Form 1420–36A) has been
Contracting Officer is responsible for insur- entered;
ing that: (j) The contract has been signed by the
(a) The proposed contract is within his/her Contracting Office and the contractor, and
delegated authority; fully executed copies are properly distrib-
(b) A Request Number covering the pro- uted;
posed contract has been received; (k) The following clearances, approvals and
(c) The position has been classified by ei- forms have been obtained, properly com-
ther the Mission or M/HR/POD (see CIB 96–8) pleted, and placed in the contract file before
and the classification is in the contract file; the contract is signed by both parties;
(d) The proposed Statement of Duties is (1) Evidence of job classification in the file
contractible, contains a statement of min- by the Mission except for grade equivalents
imum qualifications from the technical of- above GS–13. For those positions with grade
fice requesting the services, and is suitable equivalent above GS–13, evidence of job clas-
to the use of a Personal Services Contract in sification done by M/HR/POD;
that: (2) Security clearance, including the com-
(1) Performance of the proposed work re- pleted SF 86, to the extent required by
quires or is best suited for an employer-em- USAID Handbook 6, Security or superseding
ployee relationship, and is thus not suited to ADS Chapter, (see General Provisions 14 and
the use of a non-personal services contract; 24 in section 12 of this appendix);
(2) The Statement of Duties does not re- (3) Mission, host country, Human Re-
quire performance of any function normally sources Office, and technical office clear-
reserved for Federal employees (see para- ance, as appropriate;
graph 4(b) of this Appendix); and (4) Medical examinations and certifications
(3) There is no apparent conflict of interest as required by the contract general provision
involved (if the Contracting Officer believes entitled ‘‘Physical Fitness and Health Room
that a conflict of interest may exist, the Privileges’’;

question should be referred to the cognizant (5) One original executed IRS Form W–4 en-
legal counsel); titled ‘‘Employee’s Withholding Allowance
107
Certificate’’, and one copy, shall be obtained. convenient for the Contracting Officer, pro-
The original shall be sent to the Controller vided that a memorandum containing all of
of the paying office and one shall be placed the information described in this section 7
in the contract file; shall be prepared for each PSC and placed in
(6) Evidence of DAA/HR clearance that the the contract file;
position may be filled by PSC. (p) The contractor understands that he/she
(7) The approval for any salary in excess of is an employee of the United States for pur-
the ‘‘USAID Contractor Salary Threshold poses of the Foreign Assistance Act of 1961,
(USAID CST)’’, which is equivalent to the as amended, and the Internal Revenue Code
maximum rate for Federal agencies without (Title 26 of the United States Code). This
a certified SES performance appraisal sys- subjects the employee to withholding for
tem, in accordance with approval procedures both FICA and Federal Income Tax and pre-
in ADS 302.3.6.8(e) as required in Section cludes the employee from receiving the Fed-
4.(e)(3); eral Earned Income Tax exclusion of 26
(8) A copy of the class justification or U.S.C. Section 911. See Special Note on the
other appropriate explanation and support Cover Page of USAID Form 1420–36.
required by (48 CFR) AIDAR 706.302–70, if ap- (q) The contractor also understands that
plicable; he/she may commence work prior to the
(9) Any deviation to the policy or proce- completion of the security clearance. How-
dures of this appendix, processed and ap- ever, until such time as clearance is re-
proved under (48 CFR) AIDAR 701.470; ceived, the contractor may not have access
(10) A fully executed SF 171, and a copy of to classified or administratively controlled
the position classification, and approved de- materials. Failure to obtain clearances will
viation, if appropriate;
constitute cause for termination.
(11) The Memorandum of Negotiation; and
(12) The Contracting Officer’s signed cer- 8. Post Audit. The Inspector General, or his/
tification that competition requirements her designee, audits the Personal Services
have been satisfied as described in paragraph Contracts of all contracting activities for
5(c) of the policy text of this Appendix. The the purpose of ensuring conformance to ap-
certification shall be a part of the Memo- plicable policy and regulations.
randum of Negotiations. 9. Contracting Format. The prescribed Con-
(l) Funds for the contract are properly ob- tract Cover Page, Contract Schedule, Gen-
ligated to preclude violation of the Anti-De- eral Provisions, and appropriate Federal Ac-
ficiency Act, 31 U.S.C. 1341 (the Contracting quisition Regulations (FAR) clauses for Per-
Officer ensures that the contract has been sonal Services Contracts covered by this ap-
properly recorded by the appropriate ac- pendix are included as follows:
counting office prior to its release for the 10. Form USAID 1420–36, ‘‘Cover Page’’ and
signature of the selected contractor); ‘‘Schedule’’.
(m) The contractor receives and under-
11. Optional Schedule With a U.S. Citizen or
stands the USAID General Notice entitled
U.S. Resident Alien.
‘‘Employee Review of the New Standards of
Conduct’’ and a copy is attached to each con- 12. General Provisions.
tract as provided for in paragraph (c) of Gen- 13. FAR Clauses to be Incorporated in Full
eral Provision 1, section 12; Text in Personal Services Contracts.
(n) Agency conflict of interest require- 14. FAR Clauses to be incorporated by ref-
ments as set out in the General Notice ‘‘Em- erence in Personal Services Contracts.
ployee Review of the New Standards of Con- 10. Form USAID 1420–36, ‘‘Cover Page’’ and
duct’’ are met by the contractor prior to his/ ‘‘Schedule’’.
her reporting for duty;
(o) A copy of a Checklist for Personal Serv- Contract With a U.S. Citizen or U.S. Resident
ices contractors which may be in the format Alien for Personal Services Abroad—Form
set out in this section or another format AID 1420–36A (11/96) (Cover Page)
108
PRIVACY ACT STATEMENT cember 31, 1974, for individuals who complete
this form.
This information is provided pursuant to

The Executive Office of the President, Of-
Public Law 93–579 (Privacy Act of 1974), De-
fice of Management and Budget has required
109
ER23JY97.000</GPH>
that all departments and agencies comply 18. Notices
with the reporting requirements of Section 19. Reports
6041 of the Internal Revenue Code, Section 20. Use of Pouch Facilities
6041 states that all departments and agencies 21. Biographical Data
making payments totalling $600 or more in 22. Resident Hire PSC
one year to a recipient for services provided 23. Orientation and Language Training
must be reported to the Internal Revenue 24. Conditions for Contracting Prior to Re-
Service (IRS). The SSN and all financial ceipt of Security Clearance
numbers will be disclosed to U.S. Agency for 25. Medical Evacuation Services
International Development (USAID) payroll 26. Governing Law
office personnel and personnel in the Depart-
For each tour of duty, attach the applica-
ment of the Treasury, Division of Disburse-
ble General Provisions.
ments. USAID will use this SSN to complete
Schedule: (NOTE: Use of the following
Form W-2 of the Code on employee com-
Schedule Articles are not mandatory. They
pensation. Disclosure by the personal serv-
are intended to serve as guidelines for con-
ices contractor of the SSN is necessary to
tracting offices in drafting contract sched-
obtain the services, benefits or processes pro-
ules. Article language may be changed to
vided by this contract. Disclosure of the SSN
suit the needs of the particular contract).
may be made outside USAID (a) pursuant to
any applicable routine use listed in USAID’s Article I—Statement of Duties
Notice for implementing the Privacy Act as
published in the FEDERAL REGISTER or (b) (The statement of duties shall include:
when disclosure by virtue of a contract being A. General statement of the purpose of the
a public document after signatures is author- contract.
ized under the Freedom of Information Act. B. Statement of duties to be performed.
C. Any USAID consultation or orienta-
Schedule tion.)
(The Illustrated Schedule consists of this Article II—Period of Service Overseas
Table of Contents—Articles I–VI, and the
General Provisions.) Within lll days after written notice
from the Contracting Officer that all clear-
TABLE OF CONTENTS ances, including the doctor’s statement of
Article I—Statement of Duties medical opinion required under General Pro-
Article II—Period of Service Overseas vision Clause 4, have been received or unless
Article III—Contractor’s Compensation and another date is specified by the Contracting
Reimbursement in U.S. Dollars Officer in writing, the contractor shall pro-
Article IV—Costs Reimbursable and Logistic ceed to lll where he/she shall promptly
Support commence performance of the duties speci-
Article V—Precontract Expenses fied above. The contractor’s period of service
Article VI—Additional Clauses overseas shall be approximately lll in
General Provisions: lll. (Specify time of duties in each loca-
The following provisions numbered as tion as well as authorized stopovers with
shown below omitting number(s) lll, are purpose of each.)
the General Provisions (GPs) of this Con- Article III—Contractor’s Compensation and
tract: Reimbursement in U.S. Dollars
1. Definitions
2. Laws and Regulations Applicable Abroad A. Except to the extent reimbursement is
3. Physical Fitness and Health Room Privi- payable in the currency of the Cooperating
leges Country pursuant to Article IV, USAID shall
4. Workweek and Compensation (Pay Com- pay the contractor compensation after it has
parability Adjustments) accrued and reimburse him/her in U.S. dol-
5. Leave and Holidays lars for necessary and reasonable costs actu-
6. Differential and Allowances ally incurred by him/her in the performance
7. Social Security, Federal Income Tax and of this contract within the categories listed
Foreign Earned Income in paragraph C, below, and subject to the
8. Advance of Dollar Funds conditions and limitations applicable there-
9. Insurance to as set out herein and in the attached Gen-
10. Travel and Transportation Expenses eral Provisions (GP).
11. Payment B. The amount budgeted and available as
12. Conversion of U.S. Dollars to Local Cur- personal compensation to the contractor is
rency calculated to cover a calendar period of ap-
13. Post of Assignment Privileges proximately lll (days) (weeks) (months)
14. Security Requirements (years) which is to include:
15. Contractor-Mission Relationships (1) vacation, sick, and home leave which
16. Termination may be earned during the contractor’s tour
17. Release of Information of duty (GP Clause 5);
110
(2) lll days for authorized travel (GP Article IV—Costs Reimbursable and Logistic
Clause 10); and Support
(3) lll days for orientation and con-
A. General: The contractor shall be pro-
sultation in the United States (GP Clause
vided with or reimbursed in local currency
23).
(lll) for the following:
C. Allowable Costs: 1. Compensation at the
rate of $lll per (year) (month) (week) [Complete]
(day). Adjustments in compensation (pay) for
periods when the contractor is not in com- B. Method of Payment of Local Currency
pensable pay status shall be calculated as Costs: Those contract costs which are speci-
follows: fied as local currency costs in paragraph A
Rate of $lll per (day) (hour). above, if not furnished in kind by the cooper-
Contingency for Compensation (Pay Com- ating government or the Mission, shall be
parability) Adjustments. $lll. paid to the contractor in a manner adapted
Annual Salary increase (3%) $lll. to the local situation, based on vouchers sub-
2. Overtime (Unless specifically authorized mitted in accordance with General Provision
in the Schedule of this contract, no overtime Clause 11. The documentation for such costs
hours shall be allowed hereunder.) $lll. shall be on such forms and in such manner as
* 3. Overseas Differential (Ref. GP Clause the Mission Director shall prescribe.
No. 6.) Rate $lll and Contingency $lll
= Total $lll. [Complete]
** 4. Allowances in Cooperating Country Article V—Precontract Expenses
(Ref. GP Clause 6.) $lll.
** 5. Travel and Transportation (Ref. GP No expense incurred before execution of
Clause 10.) (Includes the value of GTRs fur- this contract will be reimbursed unless such
nished by the Government, not payable to expense was incurred after receipt and ac-
contractor). $lll. ceptance of a precontract expense letter
a. United States $lll issued to the contractor by the Contracting
b. International $lll Officer, and then only in accordance with the
c. Cooperating and Third Country $lll provisions and limitations contained in such
Subtotal Item 5 $lll letter. The rights and obligations created by
** 6. Subsistence or Per Diem (Ref. GP such letter shall be considered as merged
Clause 10.) into this contract.
a. Untied States $lll
b. International $lll Article VI—Additional Clauses
c. Cooperating and Third Country $lll. (Additional Schedule Clauses may be added
Subtotal Item 6 $lll such as the implementation of General Pro-
7. Other Direct Costs. visions or Additional Clauses.)
a. Health and Life Insturance $lll
11.Optional Schedule With a U.S. Citizen or
b. Precontract Costs, passport, visa, inocu-
U.S. Resident Alien
lations, etc. (Ref. GP Clause 8.) $lll
c. Physical Examination (Ref. GP Clause A U.S. Citizen or a U.S. Resident Alien PSC
3.) $lll Contract No. lll
d. Communications, Miscellaneous.
$lll TABLE OF CONTENTS
Subtotal Item 7 $lll
8. F.I.C.A.–U.S.G. Contribution (not pay- (Optional Schedule)
able to contractor). $lll (Use of the Optional Schedule is not man-
D. Maximum U.S.-Dollar Obligation: datory. It is intended to serve as an alter-
In no event shall the maximum U.S.-dollar nate procedure for OE funded U.S. PSCs or
obligation under this contract exceed $lll. U.S. Resident Alien PSCs. The Schedule is
Contractor shall keep a close account of all for use when the Contracting Officer antici-
obligations he/she incurs and accrues here- pates incremental recurring cost funded con-
under and promptly notify the Contracting tracts.
Officer whenever in his/her opinion the said Use of the Optional Schedule eliminates
maximum is not sufficient to cover all com- the need to amend the contract each time
pensation and costs reimbursable in U.S. dol- funds are obligated. However, the Con-
lars which he/she anticipates under the contracting Officer is required to amend each
tract. contract not less than twice during a 12
month period to ensure that the contract
* If post differential is applicable to the as- record of obligations is up to date and agrees
signed post, a contingency for the adjusted with the figures in the master funding docu-
amount of differential resulting from comment.)
pensation (pay comparability) adjustment The Schedule on pages lll thru lll
consists of this Table of Contents and the
should be included.
** Do not include the value of any costs to following Articles:
be paid or reimbursed in local currency. Article I—Statement of Duties
111
Article II—Period of Service Overseas tion as well as authorized stopovers with
Article III—Contractor’s Compensation and purpose of each.)
Reimbursement in U.S. Dollars
Article IV—Costs Reimbursable and Logistic Article III—Contractor’s Compensation and
Support Reimbursement in U.S. Dollars.
Article V—Precontract Expenses A. Except to the extent reimbursement is
Article VI—Additional Clauses payable in the currency of the Cooperating
General Provisions: Country pursuant to Article IV, USAID shall
The following provisions, numbered as pay the contractor compensation after it has
shown below, omitting number(s) lll, are accrued and reimburse him/her in U.S. dol-
the General Provisions (GP) of this Contract: lars for necessary and reasonable costs actu-
1. Definitions ally incurred by him/her in the performance
2. Laws and Regulations Applicable Abroad of this contract within the categories listed
3. Physical Fitness and Health Room Privi- in paragraph C, below, and subject to the
leges conditions and limitations applicable there-
4. Workweek and Compensation (Pay Com- to as set out herein and in the attached Gen-
parability Adjustments) eral Provisions (GP).
B. The amount budgeted and available as
5. Leave and Holidays
personal compensation to the contractor is
6. Differential and Allowances
calculated to cover a calendar period of ap-
7. Social Security and Federal Income Tax
proximately lll (days) (weeks) (months)
8. Advance of Dollar Funds
(years) which is to include:
9. Insurance
1. Vacation, sick, and home leave which
10. Travel and Transportation Expenses
may be earned during the contractor’s tour
11. Payment
of duty (GP Clause 5);
12. Conversion of U.S. Dollars of Local Cur-
2. lll days for authorized travel (GP
rency
Clause 10); and
13. Post of Assignment Privileges
3. lll days for orientation and consulta-
14. Security Requirements
tion in the United States (GP Clause 23).
15. Contractor-Mission Relationships
C. Allowable Costs: 1. The following illus-
16. Termination
trative budget details allowable costs under
17. Release of Information
this contract and provides estimated incre-
18. Notices
mental recurrent cost funding in the total
19. Reports
amount shown. Additional funds for the full
20. Use of Pouch Facilities
term of this contract will be provided by the
21. Biographical Data
preparation of a master PSC funding docu-
22. Resident Hire PSC
ment issued by the Mission Controller for
23. Orientation and Language Training
the purpose of providing additional funding
24. Conditions for Contracting Prior to Re-
for a specific period. The master PSC fund-
ceipt of Security Clearance
ing document will be attached to this con-
25. Medical Evacuation Services
tract and will form a part of the executed
26. Governing Law
contract while also serving to amend the
For each tour of duty, attach the applica- budget.
ble General Provisions. 2. Compensation at the rate of $lll per
(year) (month) (week) (day). Adjustments in
Article I—Statement of Duties. compensation (pay) for periods when the con-
(The statement of duties shall include: tractor is not in compensable pay status
A. General statement of the purpose of the shall be calculated as follows:
contract. Rate of $lll per (day) (hour).
B. Statement of duties to be performed. Contingency for Compensation (Pay Com-
C. Any USAID consultation or orienta- parability Adjustments.) $lll
tion.) Annual Salary increase (3%) $lll
3. Overtime (Unless specifically authorized
Article II—Period of Service Overseas. in the Schedule of this contract, no overtime
Within lll days after written notice hours shall be allowed hereunder.) $lll
form the Contracting Officer that all clear- * 4. Overseas Differential (Ref. GP Clause
ances, including the doctor’s statement of No. 6.) Rate $lll and Contingency $lll
medical opinion required under General Pro- = Total $lll.
vision Clause 3, have been received or unless ** 5. Allowances in Cooperating Country
another date is specified by the Contracting (Ref. GP Clause 6.) $lll
Officer in writing, the contractor shall pro-
ceed to lll where he/she shall promptly * If post differential is applicable to the as-
commence performance of the duties speci- signed post, a contingency for the adjusted
fied above. The contractor’s period of service amount of differential resulting from com-
overseas shall be approximately lll in pensation (pay comparability) adjustment
lll. (Specify time of duties in each loca- should be included.
112
** 6. Travel and Transportation (Ref. GP Article IV—Costs Reimbursable and Logistic
Clause 10.) (Includes the value of GTRs fur- Support
nished by the Government, not payable to
A. General: The contractor shall be pro-
contractor). $lll.
vided with or reimbursed in local currency
a. United States $lll (lll) for the following:
b. International $lll
c. Cooperating and Third Country $lll [Complete]
Subtotal Item 6 $lll B. Method of Payment of Local Currency
**7. Subsistence or Per Diem (Ref. GP Costs: Those contract costs which are speci-
Clause 10.) fied as local currency costs in paragraph A
a. United States $lll above, if not furnished in kind by the cooper-
b. International $lll ating government or the Mission, shall be
c. Cooperating and Third Country $lll paid to the contractor in a manner adapted
Subtotal Item 7 $lll to the local situation, based on vouchers sub-
**8. Other Direct Costs mitted in accordance with General Provision
a. Health and Life Insurance (Ref. GP Clause 12. The documentation for such costs
Clause 9.) $lll shall be on such forms and in such manner as
b. Precontract Costs, passport, visa, inocu- the Mission Director shall prescribe.
lations, etc. (Ref. GP Clause 8.) $lll Article V—Precontract Expenses
c. Physical Examination (Ref. GP Clause
3.) $lll No expense incurred before execution of
d. Communications, Miscellaneous Sub- this contract will be reimbursed unless such
total Item 8 $lll expense was incurred after receipt and ac-
9. F.I.C.A.—U.S.G. contribution (not pay- ceptance of a precontract expense letter
able to contractor). $lll issued to the contractor by the Contracting
Officer, and then only in accordance with the
D. Maximum U.S.-Dollar Obligation: In no
provisions and limitations contained in such
event shall the maximum U.S.-dollar obliga-
letter. The rights and obligations created by
tion under this contract exceed $lll.
such letter shall be considered as merged
E. Salary changes and personnel-related into this contract.
contract actions will be made by processing
the same forms as used in making such Article VI—Additional Clauses
changes and actions for direct-hire employ-
ees. When issued by the Contracting Officer, (Additional Schedule Clauses may be added
the forms utilized will be attached to the such as the implementation of General Pro-
contract and will form a part of the contract visions or Additional Clauses.)
terms and conditions. 12. General Provisions
F. Any adjustment or increase in the com-
Contract With a U.S. Citizen or a U.S.
pensation granted to direct-hire employees
Resident Alien for Personal Services Abroad
will be allowed for in PSCs subject to the
availability of funds. Such an adjustment The following clauses are to be used (when
will be effected by a mass pay adjustment applicable), for both tours of duty of less
notice from the Contracting Officer, which than 1 year as well as 1 year or more.
will be attached to the contract and form a
part of the executed contract. INDEX OF CLAUSES
G. At the end of each year of satisfactory 1. Definitions
service, PSC contractors will be eligible to 2. Compliance with Laws and Regulations
receive an increase equal to 3% pending Applicable Abroad
availability of funds provided their services 3. Physical Fitness and Health Room Privi-
have been satisfactory. Such increase will be leges
effected by the execution of an SF–1126, pay- 4. Workweek and Compensation (Pay Com-
roll change slip which is to be attached to parability Adjustments)
each contract and each action forms a part 5. Leave and Holidays
of the official contract file. 6. Differential and Allowances
H. The master PSC funding document may 7. Social Security, Federal Income Tax, and
not exceed the term or estimated total cost Foreign Earned Income
of this contract. Notwithstanding that addi- 8. Advance of Dollar Funds
tional funds are obligated under this con- 9. Insurance
tract through the issuance and attachment 10. Travel and Transportation Expenses
of the master PSC funding document, all 11. Payment
other contract terms and conditions remain 12. Conversion of U.S. Dollars to Local Cur-
in full effect. rency
13. Post of Assignment Privileges
14. Security Requirements

** Do not include the value of any costs to 15. Contractor-Mission Relationships
be paid or reimbursed in local currency. 16. Termination
113
17. Release of Information (3) Parents (including step and legally
18. Notices adoptive parents) of the employee or of the
19. Reports spouse, when such parents are at least 51 per-
20. Use of Pouch Facilities cent dependent on the contractor for sup-
21. Biographical Data port.
22. U.S. Resident Hire Personal Services Con- (4) Sisters and brothers (including step or
tractor adoptive sisters or brothers) of the con-
23. Orientation and Language Training tractor, or of the spouse, when such sisters
24. Conditions for Contracting Prior to Re- and brothers are at least 51 percent depend-
ceipt of Security Clearance ent on the contractor for support, unmarried
25. Medical Evacuation (MEDEVAC) Services and under 21 years of age, or regardless of
26. Governing Law age, are incapable of self-support.
(o) U.S. Resident Alien, as used in this con-
1. Definitions (June 1990)
tract, shall mean an alien immigrant, le-
(a) USAID shall mean the U.S. Agency for gally resident in the United States, the Com-
International Development. monwealth of Puerto Rico, or the posses-
(b) Administrator shall mean the Adminis- sions of the United States, and having a
trator or the Deputy Administrator of valid ‘‘Alien Registration and Receipt Card’’
USAID. (Immigration and Naturalization Service
(c) Contracting Officer shall mean a person forms I–151 or I–551).
with the authority to enter into, administer, (p) U.S. Resident Hire Personal Services Con-
and/or terminate contracts and make related tractor (PSC) means a U.S. citizen who, at the
determinations and findings. The term in- time of hiring as a PSC, resides in the Co-
cludes certain authorized representatives of operating Country:
the Contracting Officer acting within the (1) As a spouse or dependent of a U.S. cit-
limits of their authority as delegated by the izen employed by a U.S. Government Agency
Contracting Officer. or under any U.S. Government-financed con-
(d) Contractor shall mean the individual en- tract or agreement, or
gaged to serve under this contract. (2) For reasons other than for employment
(e) Cooperating Country shall mean the for- with a U.S. Government Agency or under
eign country in or for which services are to any U.S. Government-financed contract or
be rendered hereunder. agreement. A U.S. citizen for purposes of
(f) Cooperating Government shall mean the this definition also includes a person who at
government of the Cooperating Country. the time of contracting, is a lawfully admit-
(g) Government shall mean the United ted permanent resident of the United States.
States Government.
(h) Local currency shall mean the currency 2. Compliance With Laws and Regulations
of the Cooperating Country. Applicable Abroad (July 1993)
(i) Mission shall mean the United States
USAID Mission, or principal USAID office, in (a) Conformity to Laws and Regulations of
the Cooperating Country, or USAID/Wash- the Cooperating Country. Contractor agrees
ington (USAID/W). that, while in the cooperating country, he/
(j) Mission Director shall mean the principal she as well as authorized dependents will
officer in the Mission in the Cooperating abide by all applicable laws and regulations
Country, or his/her designated representa- of the cooperating country and political sub-
tive. divisions thereof.
(k) Technical Officer shall mean the USAID (b) Purchase or Sale of Personal Property or
official to whom the contractor reports, and Automobiles. To the extent permitted by the
who is responsible for monitoring the con- cooperating country, the purchase, sale, im-
tractor’s performance. port, or export of personal property or auto-
(l) Tour of duty shall mean the contractor’s mobiles in the cooperating country by the
period of service under this contract and contractor shall be subject to the same limi-
shall include orientation in the United tations and prohibitions which apply to Mis-
States (less language training), authorized sion U.S.-citizen direct-hire employees.
leave, and international travel. (c) Code of Conduct. The contractor shall,
(m) Traveler shall mean— during his/her tour of duty under this con-
(1) The contractor in authorized travel sta- tract, be considered an ‘‘employee’’ (or if his/
tus or her tour of duty is for less than 130 days, a
(2) Dependents of the contractor who are in ‘‘special Government employee’’) for the pur-
authorized travel status. poses of, and shall be subject to, the provi-
(n) Dependents means: sions of 18 U.S.C. 202(a) and the USAID Gen-
(1)Spouse. eral Notice entitled ‘‘Employee Review of
(2) Children (including step and adopted the New Standards of Conduct’’ pursuant to
children) who are unmarried and under 21 5 CFR part 2635. The contractor acknowl-
years of age or, regardless of age, are incapa- edges receipt of a copy of these documents
ble of self-support. by his/her acceptance of this contract.
114
3. Physical Fitness and Health Room tions. The contractor must obtain the prior
Privileges (APR 7) written approval of the Contracting Officer
to receive any USAID obligations higher
(a) Physical Fitness. (1) For all assignments
than these limits.
outside of the United States the contractor
(c) Health Room Privileges. Routine health
and any authorized dependents shall be re-
room services may be available, subject to
quired to be examined by a licensed doctor of
post policy and in accordance with the re-
medicine, and the contractor shall obtain
quirements of paragraph (a) of this clause, to
from the doctor a statement of medical opin-
U.S. citizen contractors and their authorized
ion that, in the doctor’s opinion, the con-
dependents (regardless of citizenship) at the
tractor is physically able to engage in the
post of duty. These services do not include
type of activity for which he/she is to be em-
hospitalization or predeparture examina-
ployed under the contract, and the con-
tions. The services normally include such
tractor and any dependents are physically
medications as may be available, immuniza-
able to reside in the Cooperating Country. A
tions and preventive health measures, diag-
copy of the statement(s) shall be provided to
nostic examinations and advice, and home
the Contracting Officer prior to the contrac-
visits as medically indicated. Emergency
tor’s departure for the Cooperating Country,
medical treatment is provided to U.S. citizen
or for a U.S. resident hire, before he/she
contractor employees and dependents,
starts work under the contract.
whether or not they may have been granted
(2) For assignments of 60 days or more in
access to routine health room services, on
the Cooperating Country, the Contracting
the same basis as it would be to any U.S. cit-
Officer shall provide the contractor and all
izen in an emergency medical situation in
authorized dependents copies of the ‘‘USAID
the country.
Contractor Employee Physical Examination
Form’’. This form is for collection of infor- 4. Workweek and Compensation (Pay
mation; it has been reviewed and approved Comparability Adjustments) (JUL 2007)
by OMB, and assigned Control No. 0412–0536.
Information required by the Paperwork Re- (a) Workweek. The contractor’s workweek
duction Act (burden estimate, points of con- shall not be less than 40 hours, unless other-
tract, and OMB approval expiration date) is wise provided in the Contract Schedule, and
printed on the form. The contractor and all shall coincide with the workweek for those
authorized dependents shall obtain a phys- employee of the Mission or the Cooperating
ical examination from a licensed physician, Country agency most closely associated with
who will complete the form for each indi- the work of this contract. If the contract is
vidual. The contractor will deliver the phys- for less than full time (40 hours weekly), the
ical examination form(s) to the Embassy annual and sick leave earned shall be pro-
health unit in the Cooperating Country. A rated (see the General Provision of this con-
copy of the doctor’s statement of medical tract entitled Leave and Holidays).
opinion at the end of the form which identi- (b) Compensation (Pay Comparability) Ad-
fies the contractor or dependent by name justments. The PSC’s compensation shall be
may be used to meet the requirement in adjusted to reflect the pay comparability ad-
(a)(1) above. justments, which are granted from time to
(3) For end-of-tour the contractor and his/ time to U.S. direct-hire employees by Execu-
her authorized dependents are authorized tive Order for the statutory pay systems
physical examinations within 60 days after (usually in January). Any adjustments au-
completion of the contractor’s tour-of-duty. thorized are subject to the availability of
(b) Reimbursement. (1) As a contribution to funds and shall not exceed that percentage
the cost of medical examinations required by stated in the Executive Order granting the
paragraph (a)(1) of this clause, USAID shall adjustment. Further, the adjusted compensa-
reimburse the contractor not to exceed $100 tion may not exceed the annual ‘‘USAID
for each physical examination, plus reim- Contractor Salary Threshold (USAID CST)’’,
bursement of charges for immunizations. which is equivalent to the maximum rate for
(2) As a contribution to the cost of medical agencies without a certified SES perform-
examinations required by paragraph (a)(2) of ance appraisal system (or the equivalent
this clause the contractor shall be reim- hourly rate).
bursed in an amount not to exceed half of
5. Leave and Holidays (APR 1997)
the cost of the examination up to a max-
imum USAID share of $300 per examination (a) Vacation Leave. (1) The contractor shall
plus reimbursement of charges for immuni- earn vacation leave at the rate of 13 work-
zations for himself/herself and each author- days per annum or 4 hours every 2 weeks.
ized dependent 12 years of age or over. The However, no vacation shall be earned if the
USAID contribution for authorized depend- tour of duty is less than 90 days.
ents under 12 years of age shall not exceed (2) Notwithstanding paragraph (a)(1) above,
half of the cost of the examination up to a if the contractor has had previous PSC serv-
maximum share of $120 per individual plus ice (i.e., has served under other personal
reimbursement of charges for immuniza- services contracts (PSCs) covered by Sec.
115
636(a)(3) of the FAA), he/she shall earn vaca- granted home leave of not more than 15 work
tion leave at the rate of either 6 hours every days for each such year of service overseas;
two weeks (10 hours for the final pay period provided, that the contractor agrees to re-
of a calendar year) cumulative PSC service turn overseas upon completion of home leave
exceeding 3 years, or 8 hours every two under an additional 2 year appointment, or
weeks for cumulative PSC service exceeding for such shorter period of not less than 1
15 years. Former Civil Service, Foreign Serv- year of overseas service under the contract
ice, or a Military Service experience is not as the Mission Director may approve in ad-
creditable towards PSC service for annual vance. Home leave must be taken in the
leave purposes. United States, the Commonwealth of Puerto
(3) It is understood that vacation leave is Rico, or the possessions of the United States,
provided under this contract primarily for and any days spent elsewhere will be charged
the purposes of affording necessary rest and to vacation leave or leave without pay.
recreation during the tour of duty in the Co- (3) Notwithstanding the requirement in
operating Country. The Contractor in con- paragraph (c)(2) above that the contractor
sultation with the USAID Mission shall de- must have served 2 years overseas under per-
velop a vacation leave schedule early in his/ sonal services contract with this Mission to
her tour of duty taking into consideration be eligible for home leave, the contractor
project requirements, employee preference may be granted advance home leave subject
and other factors. All vacation leave earned to all of the following conditions:
by the contractor must be used during his/ (i) Granting of leave home leave would in
her tour of duty. All vacation leave earned each case serve to advance the attainment of
by the contractor but not taken by the end the objectives of this contract;
of his/her tour of duty will be forfeited unless (ii) The contractor has served a minimum
the requirements of the activity precluded of 18 months in the Cooperating Country on
the employee from taking such leave and the his/her current tour of duty under this con-
Contracting Officer, with the endorsement of tract; and
the Mission Director, approves one of the fol- (iii) The contractor agrees to return to the
lowing as an alternative: Cooperating Country to serve out the re-
(i) Taking leave during the concluding mainder of his/her current tour of duty and
weeks of the employee’s tour, or an additional 2 year appointment under this
(ii) Lump-sum payment for leave not taken or subsequent contract, or such other addi-
provided such leave does not exceed the num- tional appointment of not less than 1 year of
ber of days which can be earned by the em- overseas service as the Mission Director may
ployee during a twelve month period. approve.
(4) With the approval of the Mission Direc- (4) The period of service overseas required
tor, and if the circumstances warrant, a con- under paragraph (c)(2), or paragraph (c)(3)
tractor may be granted advance vacation above, shall include the actual days in ori-
leave in excess in that earned, but in no case entation in the United States (less language
shall a contractor be granted advance vaca- training) and the actual days overseas begin-
tion leave in excess of that which he/she will ning on the date of departure from the U.S.
earn over the life of the contract. The con- port of embarkation on international travel
tractor agrees to reimburse USAID for leave and continuing, inclusive of authorized
used in excess of the amount earned during delays enroute, to the date of arrival at the
the contractor’s assignment under the con- U.S. port of debarkation from international
tract. travel. Allowable vacation and sick leave
(b) Sick Leave. Sick leave is earned at a taken while overseas, but not leave without
rate not to exceed 13 work-days per annum pay, shall be included in the required period
or 4 hours every 2 weeks. Unused sick leave of service overseas. An amount equal to the
may be carried over under an extension of number of days of vacation and sick leave
this contract for the same or similar services taken in the United States, the Common-
at the same Mission, but the contractor will wealth of Puerto Rico, or the possessions of
not be compensated for unused sick leave at the United States will be added to the re-
the completion of this contract. No leave my quired period of service overseas.
be carried over from one post to another. (5) Salary during the travel to and from
(c) Home Leave. (1) Home leave is leave the United States for home leave will be lim-
earned for service abroad for use only in the ited to the time required for travel by the
United States, in the Commonwealth of most expeditious air route. The contractor
Puerto Rico, or in the possessions of the will be responsible for reimbursing USAID
United States. for payments made during home leave, if, in
(2) A contractor who is a U.S. citizen or spite of the undertaking of the new appoint-
U.S. resident alien and has served as least 2 ment, the contractor, except for reasons be-
years overseas, as defined in paragraph (c)(4) yond his/her control as determined by the
below, under personal services contract in Contracting Officer, does not return overseas
this Mission, and has not taken more than 30 and complete the additional required service.
workdays leave (vacation, sick, or leave Unused home leave is not reimbursable
without pay) in the United States, may be under this contract.
116
(6) To the extent deemed necessary by the proval of the Contracting Officer or Mission
Contracting Officer, a contractor in the Director.
United States on home leave may be author- (g) Compensatory Time. Compensatory leave
ized to spend not more than 5 days in work may be granted only with the written ap-
status for consultation at USAID/Wash- proval of the Contracting Officer or Mission
ington before returning to post duty. Con- Director in rare instances when it has been
sultation at locations other than USAID/ determined absolutely essential and used
Washington as well as any time in excess of under those guidelines which apply to direct-
5 days spent for consultation, must be ap- hire employees.
proved by the Mission Director or the Con- (h) Leave Records. The contractor shall
tracting Officer. maintain current leave records for himself/
(d) Holidays. The contractor, while serving herself and make them available, as re-
abroad, shall be entitled to all holidays quested by the Mission Director or the Con-
granted by the Mission to U.S.-citizen direct- tracting Officer.
hire employees.
(e) Military Leave. Military leave of not 6. Differential and Allowances (June 1990)
more than 15 calendar days in any calendar (a) The following differential and allow-
year may be granted to a contractor who is ances will be granted to the contractor and
a reservist of the Armed Forces, provided his/her authorized dependents to the same
that military leave has been approved in ad- extent and on the same basis as they are
vance by the Contracting Officer or the Mis- granted to U.S. citizen direct-hire employees
sion Director. A copy of any such approval at the Mission by the Standardized Regula-
shall be part of the contract file. tions (Government Civilians, Foreign Areas),
(f) Leave Without Pay. Leave without pay as from time to time amended, except as
may be granted only with the written ap- noted to the contrary below:
APPLICABLE REFERENCE TO STANDARDIZED REGULATIONS
(1) Post Differential ............................................................................................................... Chapter 500 and

Tables in Chap-
ter 900.
(2) Living Quarters Allowance .............................................................................................. Section 130.
(3) Temporary Lodging Allowance ........................................................................................ Section 120.
(4) Post Allowance ................................................................................................................ Section 220.
(5) Supplemental Post Allowance ......................................................................................... Section 230.
(6) Payments During Evacuation .......................................................................................... Section 600.
(7) Education Allowance ....................................................................................................... Section 270.
(8) Separate Maintenance Allowance ................................................................................... Section 260.
(9) Danger Pay Allowance .................................................................................................... Section 650.
(10) Education Travel ........................................................................................................... Section 280.
(1) Post differential. Post differential is an including periods away from post on official
additional compensation for service at places business, until the close of business on the
in foreign areas where conditions of environ- day of departure from post of assignment
ment differ substantially from conditions of enroute to the United States. Sick or vaca-
environment in the continental United tion leave taken at or away from the post of
States and warrant additional compensation assignment will not interrupt the continuity
as a recruitment and retention incentive. In of the assignment or require a discontinu-
areas where post differential is paid to ance of such post differential payments, pro-
USAID direct-hire employees, post differen- vided such leave is not taken within the
tial not to exceed the percentage of salary as United States or the territories of the United
is provided such USAID employees in accord- States. Post differential will not be payable
ance with the Standardized Regulations while the employee is away from his/her post
(Government Civilians, Foreign Areas) Chap- of assignment for purposes of home leave.
ter 500 (except the limitation contained in Short-term employees shall be entitled to
Section 552, ‘‘Ceiling on Payment’’) Tables— pose differential beginning with the forty-
Chapter 900, as from time to time amended, third (43rd) day at post.
will be reimbursable hereunder for employ- (2) Living quarters allowance. Living quar-
ees in respect to amounts earned during the ters allowance is an allowance granted to re-
time such employees actually spend overseas imburse an employee for substantially all of
on work under this contract. When such post his/her cost for either temporary or resi-
differential is provided to the contractor, it dence quarters whenever Government-owned

shall be payable beginning on the date of ar- or Government-rented quarters are not pro-
rival at the post of assignment and continue, vided to him/her at his/her post without
117
charge. Such costs are those incurred for (5) Supplemental post allowance. Supple-
temporary lodging (temporary lodging allow- mental post allowance is a form of post al-
ance) or one unit of residence quarters (liv- lowance granted to an employee at his/her
ing quarters allowance) and include rent, post when it is determined that assistance is
plus any costs not included therein for heat, necessary to defray extraordinary subsist-
light, fuel, gas, electricity and water. The ence costs. The contractor will receive sup-
temporary lodging allowance and the living plemental post allowance payments not to
quarters allowance are never both payable to exceed the amount set forth in the Standard-
an employee for the same period of time. The ized Regulations (Government Civilians,
contractor will receive living quarters allow- Foreign Areas), Chapter 230, as from time to
ance for payment of rent and utilities if such time amended.
facilities are not supplied. Such allowance (6) Payments during evacuation. The Stand-
shall not exceed the amount paid USAID em- ardized Regulations (Government Civilians,
ployees of equivalent rank in the Cooper- Foreign Areas) provide the authority for effi-
ating Country, in accordance with either the cient, orderly, and equitable procedure for
Standardized Regulations (Government Ci- the payment of compensation, post differen-
vilians, Foreign Areas), Chapter 130, as from tial and allowances in the event of an emer-
time to time amended, or other rates ap- gency evacuation of employees or their de-
proved by the Mission Director. Subject to pendents, or both, from duty stations for
the written approval of the Mission Director, military or other reasons or because of im-
short-term employees may be paid per diem minent danger to their lives. If evacuation
has been authorized by the Mission Director,
(in lieu of living quarters allowance) at rates
the contractor will receive payments during
prescribed by the Federal Travel Regula-
evacuation for himself/herself and authorized
tions, as from time to time amended, during
dependents evacuated from their post of as-
the time such short-term employees spend at
signment in accordance with the Standard-
posts of duty in the Cooperating Country
ized Regulations (Government Civilians,
under this contract. In authorizing such per
Foreign Areas), Chapter 600, and the Federal
diem rates, the Mission Director shall con-
Travel Regulations, as from time to time
sider the particular circumstances involved
amended.
with respect to each such short-term em- (7) Educational allowance. Educational al-
ployee including the extent to which meals lowance is an allowance to assist the con-
and/or lodging may be made available with- tractor in meeting the extraordinary and
out charge or at nominal cost by an agency necessary expenses, not otherwise com-
of the United States Government or of the pensated for, incurred by reason of his/her
Cooperating Government, and similar fac- service in a foreign area in providing ade-
tors. quate elementary and secondary education
(3) Temporary lodging allowance. Temporary for his/her children. The contractor will re-
lodging allowance is a quarters allowance ceive educational allowance payments for
granted to an employee for the reasonable his/her dependent children in amounts not to
cost of temporary quarters incurred by the exceed those set forth in Standardized Regu-
employee and his/her family for a period not lations (Government Civilians, Foreign
in excess of (i) three months after first ar- Areas), Chapter 270, as from time to time
rival at a new post in a foreign area or a pe- amended.
riod ending with the occupation of residence (8) Separate maintenance allowance. Sepa-
(permanent) quarters, if earlier, and (ii) one rate maintenance allowance is an allowance
month immediately preceding final depar- to assist an employee who is compelled by
ture from the post subsequent to the nec- reason of dangerous, notably unhealthful, or
essary vacating of residence quarters. The excessively adverse living conditions at his/
contractor will receive temporary lodging al- her post of assignment in a foreign area, or
lowance for himself/herself and authorized for the convenience of the Government, to
dependents, in lieu of living quarters allow- meet the additional expense of maintaining
ance, not to exceed the amount set forth in his/her dependents elsewhere than at such
the Standardized Regulations (Government post. The contractor will receive separate
Civilians, Foreign Areas), Chapter 120, as maintenance allowance payments not to ex-
from time to time amended. ceed that made to USAID employees in ac-
(4) Post allowance. Post allowance is a cost- cordance with the Standardized Regulations
of-living allowance granted to an employee (Government Civilians, Foreign Areas),
officially stationed at a post where the cost Chapter 260, as from time to time amended.
of living, exclusive of quarters cost, is sub- (9) Danger pay allowance. Danger pay allow-
stantially higher than in Washington, DC. ance is an allowance to provide additional
The contractor will receive post allowance compensation above basic compensation to
payments not to exceed those paid USAID employees in foreign areas where civil insur-
employees in the Cooperating Country, in ac- rection, civil war, terrorism or wartime con-
cordance with the Standardized Regulations ditions threaten physical harm or imminent
(Government Civilians, Foreign Areas), danger to the health or well-being of the em-
Chapter 220, as from time to time amended. ployee. The danger pay allowance is in lieu
118
of that part of the post differential which is (b) Health and life insurance. (1) The con-
attributable to political violence. Con- tractor shall be provided a maximum con-
sequently, the post differential may be re- tribution of up to 50% against the actual
duced while danger pay is in effect to avoid costs of the contractor’s annual health in-
dual crediting for political violence. The surance costs, provided that such costs may
contractor shall be allowed danger pay al- not exceed the maximum U.S. Government
lowance not to exceed that paid USAID em- contribution for direct-hire personnel as an-
ployees in the Cooperating Country, in ac-
nounced annually by the Office of Personnel
cordance with the Standardized Regulations
Management.
(Government Civilians, Foreign Areas),
Chapter 650, as from time to time amended. (2) The contractor shall be provided a con-
(10) Educational travel. Educational travel tribution of up to 50% against the actual
is travel to and from a school in the United costs of annual life insurance not to exceed
States for secondary education (in lieu of an $500.00 per year.
educational allowance) and for college edu- (3) Retired U.S. Government employees
cation. The contractor will receive edu- shall not be paid additional contributions for
cational travel payments for his/her depend- health or life insurance under their con-
ent children provided such payment does not tracts. The Government will normally have
exceed that which would be payable in ac- already paid its contribution for the retiree
cordance with the Standardized Regulations unless the employee can prove to the satis-
(Government Civilians, Foreign Areas), faction of the Contracting Officer that his/
Chapter 280, as from time to time amended. her health and life insurance does not pro-
Educational travel shall not be authorized vide or specifically excludes coverage over-
for contractors whose assignment is less seas. In such case, the contractor would be
than two years. eligible for contributions under paragraphs
(b) The allowances provided in paragraphs
(b) (1) or (2) as appropriate.
(a) (1) through (10) of this provision shall be
paid to the contractor in dollars or in the (4) Proof of health and life insurance cov-
currency of the Cooperating Country in ac- erage shall be submitted to the Contracting
cordance with practice prevailing at the Mis- Officer before any contribution is paid. On
sion, or the Mission Director may direct that assignments of less than one year, costs for
the contractor be paid a per diem in lieu health and life insurance shall be prorated
thereof as prescribed by the Standardized and paid accordingly.
Regulations (Government Civilians, Foreign (5) A contractor who is a spouse of a cur-
Areas), as from time to time amended. rent or retired Civil Service, Foreign Serv-
ice, or Military Service member and who is
7. Social Security, Federal Income Tax, and covered by their spouse’s Government health
Foreign Earned Income (June 1990) or life insurance policy is ineligible for the
(a) Since the contractor is an employee, contribution under paragraphs (b)(1) or (b)(2)
F.I.C.A. contributions and U.S. Federal In- of this provision.
come Tax withholding shall be deducted in (c) Insurance on private automobiles. If the
accordance with regulations and rulings of contractor or his/her dependents transport,
the Social Security Administration and the or cause to be transported, privately owned
U.S. Internal Revenue Service, respectively. automobile(s) to the Cooperating Country, or
(b) As an employee, the contractor is not any of them purchase an automobile within
eligible for the ‘‘foreign earned income’’ ex- the Cooperating Country, the contractor
clusion under the IRS Regulations (see 26
agrees to ensure that all such automobile(s)
CFR 1.911–3(c)(3)).
during such ownership within the Cooper-
8. Advance of Dollar Funds (APR 1997) ating Country will be covered by a current,
i.e., not in arrears, insurance policy issued
If requested by the contractor and author-
by a reliable company providing the fol-
ized in writing by the Contracting Officer,
lowing minimum coverage, or such other
USAID will arrange for an advance of funds
to defray the initial cost of travel, travel al- minimum coverage as may be set by the Mis-
lowances, authorized precontract expenses, sion Director, payable in U.S. dollars or its
and shipment of personal property. The ad- equivalent in the currency of the Cooper-
vance shall be granted on the same basis as ating Country: injury to persons, $10,000/
to a USAID U.S.-citizen direct-hire employee $20,000; property damage, $5,000. The con-
in accordance with USAID Handbook 22, tractor further agrees to deliver, or cause to
Chapter 4 or superseding ADS Chapter. be delivered to the Mission Director, the in-
surance policies required by this clause or
9. Insurance (APR 1997) satisfactory proof of the existence thereof,
(a) Worker’s compensation benefits. The con- before such automobile(s) operated within
tractor shall be provided worker’s compensa- the Cooperating Country. The premium costs
tion benefits in accordance with the Federal for such insurance shall not be a reimburs-
Employees’ Compensation Act. able cost under this contract.
119
10. Travel and Transportation Expenses and expeditious route. If the contract is for
(July 1993) longer than one year and the contractor does
(a) General. (1) USAID/Washington Office of not complete one full year at post of duty
Administrative Services, or such other office (except for reasons beyond his/her control),
as may be designated by that office, may fur- the costs of going to and from the post of
nish Transportation Requests (TR’s) to the duty for the contractor and his/her depend-
contractor for transportation authorized by ents are not reimbursable hereunder. If the
this contract originating in the United contractor serves more than one year but
States, and the executive or administrative less than the required service in the Cooper-
officer at the Mission may furnish TR’s for ating Country (except for reasons beyond his/
such authorized transportation which is pay- her control) the costs of going to the post of
able in local currency or is to originate over- duty are reimbursable hereunder but the
seas. When transportation is not provided by costs of going from post of duty to the con-
the Government-issued TR, the contractor tractor’s permanent, legal place of residence
shall procure his/her own transportation, the at the time he or she was employed for work
costs of which will be reimbursed in accord- under this contract, or other location as ap-
ance with the terms of this contract. proved by the Contracting Officer, are not
(2) The contractor will be reimbursed for reimbursable under this contract for the con-
reasonable, allocable and allowable travel tractor and his/her dependents. When travel
and transportation expenses incurred under is by economy class accommodations, the
and for the performance of this contract. De- contractor will be reimbursed for the cost of
termination of reasonableness, allocability transporting up to 10 kilograms/22 pounds of
and allowability will be made by the Con- accompanied personal baggage per traveler
tracting Officer in accordance with USAID’s in addition to that regularly allowed with
established policies and procedures for the economy ticket provided that the total
USAID direct-hire employees, and the par- number of pounds of baggage does not exceed
ticular needs of the activity being imple- that regularly allowed for first class trav-
mented by this contract. The following para- elers. Travel allowances for travelers shall
graphs provide specific guidance and limita- not be in excess of the rates authorized in
tions on particular items of cost. the Standardized Regulations (Government
(b) U.S. travel and transportation. The con- Civilians, Foreign Areas)-hereinafter re-
tractor shall be reimbursed for actual transferred to as the Standardized Regulations—
portation costs and travel allowances in the as from time to time amended, for not more
United States as authorized in the Contract than the travel time required by scheduled
Schedule or approved in advance by the Con- commercial air carrier using the most expe-
tracting Officer or the Mission Director. ditious route. One stopover enroute for a pe-
Transportation costs and travel allowances riod of not to exceed 24 hours is allowable
shall not be reimbursed in any amount when the traveler uses economy class accom-
greater than the cost of, and time required modations for a trip of 14 hours or more of
for, economy-class commercially scheduled scheduled duration. Such stopover shall not
air travel by the most expeditious route ex- be authorized when travel is by indirect
cept as otherwise provided in paragraph (g) route or is delayed for the convenience of the
of this provision unless economy air travel is traveler. Per diem during such stopover shall
not available and the contractor certifies to be paid in accordance with the Federal Trav-
this in his/her voucher or other documents el Regulations as from time to time amend-
submitted for reimbursement. ed.
(c) International travel. For travel to and (d) Local travel. Reimbursement for local
from post of assignment, the contractor travel in connection with duties directly ref-
shall be reimbursed for travel costs and trav- erable to the contract shall not be in excess
el allowances from place of residence in the of the rates established by the Mission Direc-
United States (or other location provided tor for the travel costs of travelers in the Co-
that the cost of such travel does not exceed operating Country. In the absence of such es-
the cost of the travel from the contractor’s tablished rates the contractor shall be reim-
residence in the United States) to the post of bursed for actual travel costs in the Cooper-
duty in the Cooperating Country and return ating Country or the Mission, including trav-
to place of residence in the United States (or el allowances at rates not in excess of those
other location provided that the cost of such prescribed by the Standardized Regulations.
travel does not exceed the cost of travel from (e) Indirect travel for personal convenience.
the post of duty in the Cooperating Country When travel is performed by an indirect
to the contractor’s residence) upon comple- route for the personal convenience of the
tion of services by the individual. Reim- traveler, the allowable costs of such travel
bursement for travel will be in accordance will be computed on the basis of the cost of
with USAID’s established policies and proce- allowable air fare via the direct usually trav-
dures for its direct-hire employees and the eled route. If such costs include fares for air
provisions of this contract, and will be lim- or ocean travel by foreign flag carriers, ap-
ited to the cost of travel by the most direct proval for indirect travel by such foreign flag
120
carriers must be obtained from the Con- prior written approval of the Mission Direc-
tracting Officer or the Mission Director be- tor that such travel is necessary for one of
fore such travel is undertaken, otherwise the following reasons.
only that portion of travel accomplished by (i) Need for medical care beyond that
the United States-flag carriers will be reim- available within the area to which the em-
bursable within the above limitation of al- ployee is assigned, or serious effect on phys-
lowable costs. ical or mental health if residence is contin-
(f) Limitation on travel by dependents. Travel ued at assigned post of duty. The Mission Di-
costs and allowances will be allowed for au- rector may authorize a medical attendant to
thorized dependents of the contractor and accompany the employee at contract ex-
such costs shall be reimbursed for travel pense if, based on medical opinion, such an
from place of abode to assigned station in attendant is necessary.
the Cooperating Country and returned, only (ii) Death, or serious illness or injury of a
if the dependent remains in the Cooperating member of the immediate family of the em-
Country for at least 9 months or one-half of ployee or the immediate family of the em-
the required tour of duty of the contractor, ployee’s spouse.
whichever is greater, except as otherwise au- (2) When, for any reason, the Mission Di-
thorized hereunder for education, medical or rector determines it is necessary to evacuate
emergency visitation travel. If the depend- the contractor or contractor’s dependents,
ent is eligible for educational travel pursu- the contractor will be reimbursed for travel
ant to the ‘‘Differential and Allowances’’ and transportation expenses and travel al-
clause of this contract, time spent away lowance while enroute, for the cost of the in-
from post resulting from educational travel dividuals going from post of duty in the Co-
will be counted as time at post. operating Country to the employee’s perma-
(g) Delays enroute. The contractor may be nent, legal place of residence at the time he
granted reasonable delays enroute while in or she was employed for work under this con-
travel status when such delays are caused by tract or other approved location. The return
events beyond the control of the contractor of such employees and dependents may also
and are not due to circuitous routine. It is be authorized by the Mission Director when,
understood that if delay is caused by phys- in his/her discretion, he/she determines it is
ical incapacitation, he/she shall be eligible prudent to do so.
for such sick leave as provided under the (3) The Mission Director may also author-
‘‘Leave and Holidays’’ clause of this con- ize emergency or irregular travel and trans-
tract. portation in other situations, when in his/her
(h) Travel by Privately Owned Automobile opinion, the circumstances warrant such ac-
(POV). If travel by POV is authorized in the tion. The authorization shall include the
contract schedule or approved by the Con- kind of leave to be used and appropriate re-
tracting Officer, the contractor shall be restrictions as to time away from post, trans-
imbursed for the cost of travel performed in portation of personal and household effects,
his/her POV at a rate not to exceed that au- etc.
thorized in the Federal Travel Regulations (j) Home Leave Travel. To the extend that
plus authorized per diem for the employee home leave has been authorized as provided
and for each of the authorized dependents in the ‘‘Leave and Holidays’’ clause of this
traveling in the POV, if the POV is being contract, the cost of travel for home leave is
driven to or from the Cooperating Country reimbursable for travel costs and travel al-
as authorized under the contract, provided lowances of travelers from the post of duty
that the total cost of the mileage and the per in the Cooperating Country to place of resi-
diem paid to all authorized travelers shall dence in the United States (or other location
not exceed the total constructive cost of fare provided that the cost of such travel does
and normal per diem by all authorized trav- not exceed the cost of travel to the contrac-
elers by surface common carrier or author- tor’s residence in the United States) and re-
ized air fare, whichever is less. turn to the post of duty in the Cooperating
(i) Emergency and Irregular Travel and Country. Reimbursement for travel will be in
Transportation. Emergency transportation accordance with the Uniform State/USAID/
costs and travel allowances while enroute, as USIA Foreign Service Travel Regulations, as
provided in this section, will be reimbursed from time to time amended, and will be lim-
not to exceed amounts authorized by the ited to the cost of travel by the most direct
Foreign Service Travel Regulations for and expeditious route. Travel allowances for
USAID-direct hire employees in like cir- travelers shall be in accordance with the
cumstances under the following conditions: rates authorized in the Standardized Regula-
(1) The costs of going from post of duty in tions as from time to time amended, for not
the Cooperating Country to the employee’s more than the travel time required by sched-
permanent, legal place of residence at the uled commercial air carrier using the most
time he or she was employed for work under expeditious route using economy class. One
this contract or other location for con- stopover enroute for a period of not to ex-
tractor employees and dependents and re- ceed 24 hours is allowable when the traveler
turning to the post of duty, subject to the uses economy class accommodations for a
121
trip of 14 hours or more of scheduled dura- lowance for household effects) not to exceed
tion. Such stopover shall not be authorized the limitations in effect for USAID direct-
when travel is by indirect route or is delayed hire employees in accordance with the For-
for the convenience of the traveler or the eign Service Travel Regulations as in effect
traveler uses other than economy class. Per when shipment is made. These limitations
diem during such stopover shall be paid in are available from the Contracting Officer.
accordance with the Standardized Regula- This unaccompanied baggage may be shipped
tions. as air freight by the most direct route be-
(k) Rest and Recuperations Travel. If ap- tween authorized points of origin and des-
proved in writing by the Mission Director, tination regardless of the modes of travel
the contractor and his/her dependents shall used. This provision is applicable to home
be allowed rest and recuperation travel on leave travel when authorized by the terms of
the same basis as authorized USAID direct- this contract.
hire Mission employees and their depend- (n) International Ocean Transportation—
ents. (1)(i) Transportation of things. Where U.S. flag
(l) Transportation of Motor Vehicles, Personal vessels are not available, or their use would
Effects and Household Goods. (1) Transpor- result in a significant delay, the contractor
tation costs will be paid on the same basis as may obtain a release from the requirement
for USAID direct-hire employees serving the to use U.S. flag vessels from the Transpor-
same length tour of duty, as authorized in tation Division, Office of Acquisition and As-
the schedule. Transportation, including sistance, U.S. Agency for International De-
packing and crating costs, will be paid for velopment, Washington, D.C. 20523–1419, or
shipping from the point of origin in the the Mission Director, as appropriate, giving
United States (or other location as approved the basis for the request.
by the Contracting Officer) to post of duty in (ii) Transportation of persons. Where U.S.
the Cooperating Country and return to point flag vessels are not available, or their use
of origin in the United States (or other loca- would result in a significant delay, the con-
tion as approved by the Contracting Officer) tractor may obtain a release from the re-
of one privately-owned vehicle for the con- quirement to use U.S. flag vessels from the
tractor, personal effects of the contractor Contracting Officer or the Mission Director,
and authorized dependents, and household as appropriate.
goods of the contractor not to exceed the (2) Transportation of foreign-made vehicles.
limitations in effect for such shipments for Reimbursement of the costs of transporting
USAID direct-hire employees in accordance a foreign-made motor vehicle will be made in
with the Foreign Service Travel Regulations accordance with the provisions of the For-
in effect at the time shipment is made. These eign Service Travel Regulations.
limitations may be obtained from the Con- (3) Reduced rates on U.S.-flag carriers are
tracting Officer. in effect for shipments of household goods
(2) The cost of transporting motor vehicles and personal effects of USAID contractors
and household goods shall not exceed the between certain locations. These reduced
cost of packing, crating, and transportation rates are available provided the shipper fur-
by surface common carrier. In the event that nishes to the carrier at the time of the
the carrier does not require boxing or crat- issuance of the Bill of Lading documentary
ing of motor vehicles for shipment to the Co- evidence that the shipment is for the ac-
operating Country, the cost of boxing or count of USAID. The Contracting Officer
crating is not reimbursable. The transpor- will, on request, furnish to the contractor
tation of a privately owned motor vehicle for current information concerning the avail-
a contractor may be authorized as a replace- ability of a reduced rate with respect to any
ment of the last such motor vehicle shipped proposed shipment. The contractor will not
under this contract for such contractor when be reimbursed for shipments of household
the Mission Director determines, in advance, goods or personal effects in amounts in ex-
and so notifies the contractor in writing, cess of the reduced rates which are available
that the replacement is necessary for rea- in accordance with the foregoing.
sons not due to the negligence or malfea- (o) Storage of household effects. The cost of
sance of the contractor. The determination storage charges (including packing, crating,
shall be made under the same rules and regu- and drayage costs) in the U.S. of household
lations that apply to authorized Mission U.S. goods of the contractor will be permitted in
citizen direct-hire employees. lieu of transportation of all or any part of
(m) Unaccompanied Baggage. Unaccom- such goods to the Cooperating Country under
panied baggage is considered to be those per- paragraph (l) above provided that the total
sonal belongings needed by the traveler im- amount of effects shipped to the Cooperating
mediately upon arrival of the contractor and Country or stored in the U.S. shall not ex-
dependents, and consideration should be ceed the amount authorized for USAID di-
given to advance shipments of unaccom- rect-hire employees under the Uniform For-
panied baggage. The contractor will be reim- eign Service Travel Regulations. These
bursed for costs of shipment of unaccom- amounts are available from the Contracting
panied baggage (in addition to the weight al- Officer.
122
11. Payment (AUG 1996) 12. Conversion of U.S. Dollars to Local
Currency (DEC 1985)
(a) Once each month, or at more frequent
intervals, if approved by the paying office in- Upon arrival in the Cooperating Country,
dicated on the Cover Page, the contractor and from time to time as appropriate, the
may submit to such office form SF 1034 contractor shall consult with the Mission Di-
‘‘Public Voucher for Purchases and Services rector or his/her authorized representative
Other Than Personal’’ (original) and SF 1034– who shall provide, in writing, the policy the
contractor shall follow in the conversion of
A (three copies), or whatever other form is
U.S. dollars to local currency. This may in-
locally required or accepted. Each voucher
clude, but not be limited to the conversion of
shall be identified by the USAID contract said currency through the cognizant U.S.
number and properly executed in the amount Disbursing Officer, or Mission Controller, as
of dollars claimed during the period covered. appropriate.
The voucher forms shall be supported by:
(1) The contractor’s detailed invoice, in 13. Post of Assignment Privileges (JUL 1993)
original and two copies, indicating for each Privileges such as the use of APO, PX’s,
amount claimed the paragraph of the con- commissaries and officers clubs are estab-
tract under which payment is to be made, lished at posts abroad under agreements be-
supported when applicable as follows: tween the U.S. and host governments. These
(i) For compensation—a statement show- facilities are intended for and usually lim-
ing period covered, days worked, and days ited to members of the official U.S. estab-
when contractor was in authorized travel, lishment including the Embassy, USAID
leave, or stopover status for which com- Mission, U.S. Information Service and the
pensation is claimed. All claims for com- Military. Normally, the agreements do not
pensation will be accompanied by, or will in- permit these facilities to be made available
corporate, a certification signed by the to non-official Americans. However, in those
Project Officer covering days or hours cases where facilities are open to non-official
worked, or authorized travel or leave time Americans, they may be used.
for which compensation is claimed. 14. Security Requirements (June 1990)
(ii) For travel and transportation—a state-
ment of itinerary with attached carrier’s re- (a) This entire provision shall apply to the
ceipt and/or passenger’s coupons, as appro- extent that this contract involves access to
priate. classified information (‘‘Confidential’’, ‘‘Se-
cret’’, or ‘‘Top Secret’’) or access to adminis-
(iii) For reimbursable expenses—an
tratively controlled information (‘‘Limited
itemized statement supported by original re- Official Use’’). Contractors that are not U.S.
ceipts. citizens shall not have access to classified or
(2) The first voucher submitted shall ac- administratively controlled information.
count for, and liquidate the unexpended bal- (b) The contractor (1) shall be responsible
ance of any funds advanced to the con- for safeguarding all classified or administra-
tractor. tively controlled information in accordance
(b) A final voucher shall be submitted by with appropriate instructions furnished by
the contractor promptly following comple- the USAID Office of Security (IG/SEC), as
tion of the duties under this contract but in referenced in paragraph (d) of this provision
no event later than 120 days (or such longer and shall not supply, disclose, or otherwise
period as the Contracting Officer may in his/ permit access to classified information or
her discretion approve in writing) from the administratively controlled information to
date of such completion. The contractor’s any unauthorized person; (2) shall not make
claim, which includes his/her final settle- or permit to be made any reproductions of
ment of compensation, shall not be paid classified information or administratively
until after the performance of the duties re- controlled information except with the prior
quired under the terms of this contract has written authorization of the Contracting Of-
ficer or Mission Director; (3) shall submit to
been approved by USAID. On receipt and ap-
the Contracting Officer, at such times as the
proval of the voucher designated by the con-
Contracting Officer may direct, an account-
tractor as the ‘‘final voucher’’ submitted on
ing of all reproductions of classified or ad-
Form SF 1034 (original) and SF 1034–A (three ministratively controlled information; and
copies), together with a refund check for the (4) shall not incorporate in any other project
balance remaining on hand of any funds any matter which will disclose classified
which may have been advanced to the con- and/or administratively controlled informa-
tractor, the Government shall pay any tion except with the prior written authoriza-
amounts due and owing the contractor. tion of the Contracting Officer.
(c) If approved by the paying office time (c) The contractor shall follow the proce-
and attendance may be submitted for PSCs dures for classifying, marking, handling,
in the same manner as is approved for direct- transmitting, disseminating, storing, and de-
hire personnel. stroying official material in accordance with
123
the regulations in the Foreign Affairs Man- sponsible for performing his/her duties in ac-
ual, Chapter 5 (5 FAM 900), a copy of which cordance with the statement of duties called
will be furnished by the Contracting Officer for by the contract. However, he/she shall be
or Mission Director. under the general policy guidance of the Mis-
(d) The contractor agrees to submit imme- sion Director, and shall keep the Mission Di-
diately to the Mission Director or Con- rector or his/her designated representative
tracting Officer a complete detailed report, currently informed of the progress of the
appropriately classified, of any information work under this contract.
which the contractor may have concerning
existing or threatened espionage, sabotage, 16. Termination (NOV 1989)
or subversive activity. (This is an approved deviation to be used in
(e) The Government agrees that, when nec- place of the clause specified in FAR 52.249–
essary, it shall indicate by security classi- 12.)
fication or administratively controlled des- (a) The Government may terminate per-
ignation, the degree of importance to the na- formance of work under this contract in
tional defense of information to be furnished whole or, from time to time, in part:
by the contractor to the Government or by (1) For cause, which may be effected imme-
the Government to the contractor, and the diately after establishing the facts war-
Government shall give written notice of such ranting the termination, by giving written
security classification or administratively notice and a statement of reasons to the con-
controlled designation to the contractor and tractor in the event (i) the Contractor com-
of any subsequent changes thereof. The con- mits a breach or violation of any obligations
tractor is authorized to rely on any letter or herein contained, (ii) a fraud was committed
other written instrument signed by the Con- in obtaining this contract, or (iii) the con-
tracting Officer changing a security classi- tractor is guilty (as determined by USAID)
fication or administratively controlled des- of misconduct in the Cooperating Country.
ignation of information. Upon such a termination, the contractor’s
(f) The contractor agrees to certify after right to compensation shall cease when the
completion of his/her assignment under this period specified in such notice expires or the
contract that he/she has surrendered or dis- last day on which the contractor performs
posed of all classified and/or administra- services hereunder, whichever is earlier. No
tively controlled information in his/her cus- costs of any kind incurred by the contractor
tody in accordance with applicable security after the date such notice is delivered shall
instructions. be reimbursed hereunder except the cost of
return transportation (not including travel
15. Contractor-Mission Relationships (DEC
allowances), if approved by the Contracting
1985)
Officer. If any costs relating to the period
(a) The contractor acknowledges that this subsequent to such date have been paid by
contract is an important part of the U.S. USAID, the contractor shall promptly refund
Foreign Assistance Program and agrees that to USAID any such prepayment as directed
his/her duties will be carried out in such a by the Contracting Officer.
manner as to be fully commensurate with (2) For the convenience of USAID, by giv-
the responsibilities which this entails. ing not less than 15 calendar days advance
(b) While in the Cooperating Country, the written notice to the contractor. Upon such
contractor is expected to show respect for a termination, contractor’s right to com-
the conventions, customs, and institutions of pensation shall cease when the period speci-
the Cooperating Country and not interfere in fied in such notice expires except that the
its political affairs. contractor shall be entitled to any unused
(c) If the contractor’s conduct is not in ac- vacation leave, return transportation costs
cordance with paragraph (b) of this provi- and travel allowances and transportation of
sion, the contract may be terminated under unaccompanied baggage costs at the rate
General Provision 16 of this contract. The specified in the contract and subject to the
Contractor recognizes the right of the U.S. limitations which apply to authorized travel
Ambassador to direct his/her immediate re- status.
moval from any country when, in the discre- (3) For the convenience of USAID, when
tion of the Ambassador, the interests of the the contractor is unable to complete per-
United States so require. formance of his/her services under the con-
(d) The Mission Director is the chief rep- tract by reason of sickness or physical or
resentative of USAID in the Cooperating emotional incapacity based upon a certifi-
Country. In this capacity, he/she is respon- cation of such circumstances by a duly quali-
sible for the total USAID Program in the Co- fied doctor of medicine approved by the Mis-
operating Country including certain admin- sion. The contract shall be deemed termi-
istrative responsibilities set forth in this nated upon delivery to the Contractor of a
contract and for advising USAID regarding termination notice. Upon such a termi-
the performance of the work under the con- nation, the contractor shall not be entitled
tract and its effect on the U.S. Foreign As- to compensation except to the extent of any
sistance Program. The contractor will be re- unused vacation or sick leave but shall be
124
entitled to return transportation, travel al- (b) When preparing reports, the contractor
lowances, and unaccompanied baggage costs shall refrain from using elaborate art work,
at rates specified in the contract and subject multicolor printing and expensive paper/
to the limitations which apply to authorized binding, unless it is specifically authorized
travel status. in the Contract Schedule. Wherever possible,
(b) The contractor, with the written con- pages should be printed on both sides using
sent of the Contracting Officer, may termi- single spaced type.
nate this contract upon at least 15 days’
written notice to the Contracting Officer. 20. Use of Pouch Facilities (July 1993)
(a) Use of diplomatic pouch is controlled
17. Release of Information (DEC 1985)
by the Department of State. The Department
All rights in data and reports shall become of State has authorized the use of pouch fa-
the property of the U.S. Government. All in- cilities for USAID contractors and their em-
formation gathered under this contract by ployees as a general policy, as detailed in
the Contractor and all reports and rec- paragraphs (a)(1) through (a)(6) of this provi-
ommendations hereunder shall be treated as sion. However, the final decision regarding
confidential by the Contractor and shall not, use of pouch facilities rests with the Em-
without the prior written approval of the bassy or USAID Mission. In consideration of
Contracting Officer, be made available to the use of pouch facilities as hereinafter
any person, party, or government, other than stated, the Contractor agrees to indemnify
USAID, except as otherwise expressly pro- and hold harmless the Department of State
vided in this contract. and USAID for loss or damage occurring in
pouch transmission.
18. Notices (DEC 1985) (1) Contractors are authorized use of the
Any notice, given by any of the parties pouch for transmission and receipt of up to a
hereunder, shall be sufficient only if in writ- maximum of 0.90 kilogram/2 pounds per ship-
ing and delivered in person or sent by tele- ment of correspondence and documents need-
graph, telegram, registered, or regular mail ed in the administration of foreign assist-
ance programs.
as follows:
(2) U.S. citizen contractors are authorized
To USAID: Administrator, U.S. Agency for
use of the pouch for personal mail up to a
International Development, Washington,
maximum of 0.45 kilogram/one pound per
D.C. 20523–0001, Attention: Contracting Offi-
shipment (but see (a)(3) below). Non-U.S. cit-
cer.
izen Contractors are not permitted use of the
(name of the cognizant Contracting Officer
pouch for personal mail except to the extent
with a copy to the appropriate Mission Di-
that such use may be authorized by the Chief
rector).
of Mission.
To Contractor:
(3) Merchandise, parcels, magazines, or
At his/her post of duty while in the Cooper-
newspapers are not considered to be personal
ating Country and at the Contractor’s ad-
mail for purpose of this clause, and are not
dress shown on the Cover Page of this con-
authorized to be sent or received by pouch.
tract or to such other address as either of
(4) Official and personal mail under para-
such parties shall designate by notice given
graphs (a) (1) and (2) of this provision, sent
as herein required. Notices hereunder shall by pouch, should be addressed as follows:
be effective in accordance with this clause or Individual’s Name (C), U.S. Agency for
on the effective date of the notice, whichever International Development, Washington,
is later. D.C. 20523–0001.
19. Reports (June 1987) (5) Mail sent via the diplomatic pouch may
not be in violation of U.S. Postal laws and
(a) The Contractor shall prepare and sub- may not contain material ineligible for
mit 2 copies of each technical report re- pouch transmission.
quired by the schedule of this contract to the (6) Use of military postal facilities (APO/
Bureau for Program and Policy Coordina- FPO) is authorized to U.S. contractors on
tion, Center for Development Information the same basis as approved for direct-hire
and Evaluation, Development Information employees at the USAID Mission. Posts hav-
Division (PPC/CDIE/DI). All documents ing access to APO/FPO facilities and using
should be mailed to: such for diplomatic pouch dispatch, may,
PPC/CDIE/DI, Acquisitions, Room 209, SA– however, accept official and personal mail
18, U.S. Agency for International Develop- for the pouch provided, of course, adequate
ment, Washington, D.C. 20523–1802. postage is affixed when onward transmission
The title page of all reports forwarded to (mail to other than USAID/W) through U.S.
PPC/CDIE/DI pursuant to this paragraph postal channels is required.
shall include a descriptive title, the author’s (b) The contractor shall be responsible for
name(s), contract number, project number compliance with these guidelines and limita-
and title, contractor’s name, name of the tions on use of pouch facilities.
USAID project office, and the publication or (c) Specific additional guidance on use of
insurance date of the report. pouch facilities in accordance with this
125
clause is available from the Post Commu- (1) Modified orientation,
nication Center at the Embassy or USAID (2) Language training,
Mission. (3) Orientation for Contractor’s dependents
at contract expense.
21. Biographical Data (June 1990)
(4) Waiver of orientation for individual
(a) The contractor agrees to furnish bio- contractor.
graphical information to the Contracting Of- (c) Transportation costs and travel allow-
ficer on forms (SF 171 and 171As) provided for ances not to exceed one round trip from the
that purpose. Contractor’s residence to place of orienta-
(b) Emergency locator information. The tion and return will be reimbursed, pursuant
contractor agrees to provide the following to Clause 10 of the General Provisions, enti-
information to the Mission Administrative tled ‘‘Travel and Transportation Expenses,’’
Officer on arrival in the host country regard- if the orientation is more than 80 kilometers/
ing himself/herself and dependents: 50 miles from the contractor’s residence.
(1) Contractor’s full name, home address,
Allowable salary costs during the period of
and telephone number including any after-
orientation are also reimbursable.
hours emergency number(s).
(2) The name and number of the contract, 24. Conditions for Contracting Prior to
and whether the individual is the contractor Receipt of Security Clearance (July 1993)
or the contractor’s dependent.
(3) The name, address, and home and office (a) U.S. Resident Hire PSC. The contractor
telephone number(s) of each individual’s may commence work prior to the completion
next of kin. of the security clearance. However, until
(4) Any special instructions pertaining to such time as clearance is received, the con-
emergency situations such as power of attor- tractor shall have no access to classified or
ney designees or alternate contact persons. administratively controlled materials. Fur-
ther, failure to obtain clearance will con-
22. U.S. Resident Hire Personal Services stitute cause for contract termination in ac-
Contractor (June 1990) cordance with paragraph (a)(2) of General
A contractor meeting the definition of a Provision 16 of this contract.
U.S. Resident Hire PSC contained in Section (b) U.S. PSC—Non-Resident Hire. The con-
12, General Provisions, Clause 1, Definitions, tractor may elect to commence travel to
shall be subject to U.S. Federal Income Tax, post immediately to begin work prior to
but shall not be eligible for any fringe bene- completion of the security clearance. How-
fits (except contributions for FICA, health ever, until such time as security clearance is
insurance and life insurance), allowances, or received, the contractor shall:
differentials, including but not limited to (1) Have no access to classified or adminis-
travel and transportation, medical, orienta- tratively controlled materials;
tion, home leave, etc., unless such individual (2) Be authorized to travel to post himself/
can demonstrate to the satisfaction of the herself only; and
Contracting Officer that he/she has received (3) Be authorized no entitlements other
similar benefits/allowances from their imme- than those normally authorized for short
diately previous employer in the Cooper- term (less than a year) employees at post.
ating Country, or the Mission Director deter- Even if the contract is for one year or more,
mines that payment of such benefits would dependents may not accompany contractor
be consistent with the Mission’s policy and unless at his/her expense, and transpor-
practice and would be in the best interest of tation/storage of household/personal effects
the U.S. Government. and motor vehicle will not be financed by
USAID prior to the receipt of the security
23. Orientation and Language Training (July
clearance. Upon receipt of clearance, the
1993)
Contracting Officer will authorize reim-
(a) Except as set forth in paragraph (b)(4) bursement of any such costs borne at con-
below, the Contractor shall receive a max- tractor’s expense prior to clearance provided
imum of 2 weeks USAID orientation before they are reasonable, allocable and allowable.
travel overseas. The dates of orientation If appropriate given the length of time re-
shall be selected by the Contractor and ap- maining, the Contracting Officer will au-
proved by the Contracting Officer from the thorize dependent travel and shipment/stor-
orientation schedule provided by USAID. age of motor vehicle and effects. Allowances
(b) As either set forth in the Contract which would not be provided to short term
Schedule, or provided in writing by the Con- employees will be authorized after clearance
tracting Officer, the following may be au- is received provided that the contractor is
thorized taking into consideration specific otherwise entitled to such benefits. Failure
job requirements, contractor’s prior overseas to obtain the security clearance will con-
experience, or unusual circumstances, in stitute cause for contract termination in ac-

connection with orientation of individual cordance with paragraph (a)(2) of General
Contractors: Provision 16 of this contract.
126
Agency for International Development Ch. 7, App. F
25. Medical Evacuation (MEDEVAC) Services 8. Limitation of Cost 52.232–20
(JUL 2007) 9. Limitation of Funds 52.232–22
10. Assignment of Claims 52.232–23
(a) The PSC must obtain MEDEVAC serv-
11. Protection of Government Buildings,
ice coverage including coverage for author-
Equipment, and Vegetation 52.237–2
ized dependents while performing personal
12. Notice of Intent to Disallow Costs 52.242–
services abroad.
1
USAID will reimburse the total cost of
13. Inspection 52.246–5
MEDEVAC insurance to the PSC. The PSC
14. Limitation of Liability—Services 52.246–
must provide proof of coverage to the CO in
order to receive reimbursement. 25
(b) Exceptions. (1) A PSC and authorized de- [62 FR 39453, July 23, 1997, as amended at 64
pendents with a health insurance program FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19,
that includes sufficient MEDEVAC coverage 2007]
as approved by the Contracting Officer are
not required to obtain MEDEVAC service APPENDIX E TO CHAPTER 7 [RESERVED]
coverage.
(2) The Mission Director at the post of as- APPENDIX F TO CHAPTER 7—USE OF COL-
signment may make a written determination LABORATIVE ASSISTANCE METHOD
to waive the requirement for such coverage. FOR TITLE XII ACTIVITIES
The determination must be based on findings
that the quality of local medical services or 1. Introduction
other circumstances obviate the need for
such coverage for PSCs and their dependents This appendix provides a detailed descrip-
located at post. tion of the collaborative assistance method
of contracting. This is a specialized con-
26. Governing Law (NOV 1996) tracting system which may be used for con-
tracting with educational institutions eligi-
This contract is established under the pro-
ble under, and for activities authorized
curement authorities of the United States
under, Title XII of the Foreign Assistance
Government and shall be interpreted in ac-
Act of 1961, as amended, under the cir-
cordance with the body of Federal Procure-
cumstances described in AIDAR 715.613–71.
ment Law in the United States. This con-
tract is a complete statement of the duties, 2. Purpose
compensation, benefits, leave, notice, termi-
nation, and the like; therefore, the laws of The collaborative assistance system is de-
the country of performance with respect to signed to:
labor and contract matters shall not apply (a) Increase the joint implementation au-
to either the carrying out of the obligations thority and responsibility of the contractor
of the parties or to the interpretation of this and the LDC;
agreement. (b) Encourage more effective collaboration
13. FAR Clauses to be Incorporated in Full between all participating parties (USAID,
Text in Personal Services Contracts. host country, and contractor) at important
The following FAR Clauses are always to stages, including the design stage of a tech-
be used along with the General Provisions. nical assistance project.
They are required in full text. 3. Policy
1. Covenant Against Contingent Fees 52.203–
5 The collaborative assistance approach rep-
2. Electronic Funds Transfer Payment Meth- resents an alternative method for long-term
ods 52.232–28 technical assistance which involves profes-
3. Disputes 52.233–1 (Alternate 1) sional collaboration with eligible Title XII
4. Preference for U.S. Flag Air Carriers institutions and LDC counterparts for a
52.247–63 problem-solving type activity to develop new
14. FAR Clauses to be Incorporated by Ref- institutional forms and capabilities, to de-
erence in Personal Services Contracts vise operating systems and policies, and to
The following FAR Clauses are to be used conduct joint research and development—in-
along with the General Provisions, and when cluding training. In such an activity, the dif-
appropriate, be incorporated in each personal ficulty in defining, in advance, precise and
services contract by reference: objectively verifiable contractor inputs and
1. Anti-Kickback Procedures 52.203–7 long-term project content as a basis for pay-
2. Limitation on Payments to Influence Cer- ment usually requires a flexible approach to
tain Federal Transactions 52.203–12 project design, contracting, and project im-
3. Audit and Records—Negotiation 52.215–2 plementation. Such flexibility is also essen-
4. Privacy Act Notification 52.224–1 tial to the collaborative style which is re-
5. Privacy Act 52.224–2 sponsive to LDC desires in problem areas of
6. Taxes—Foreign Cost Reimbursement Con- great complexity and varying uncertainty.

tracts 52.229–8 Other types of technical assistance, which
7. Interest 52.232–17 are usually shorter in term are amenable to
127
Ch. 7, App. F 48 CFR Ch. 7 (10–1–19 Edition)
more precise definition in advance, or in- (1) Problem analysis and project identifica-
volve closely defined and relatively stand- tion. After the host government has indi-
ardized services, or are otherwise more anal- cated a desire for U.S. collaboration on a
ogous to commodity resource transfers, may particular problem and the USAID field mis-
be suitable for other contracting methods, sion has determined that the proposed activ-
e.g., certain forms of institution building, ity is consistent with its program goals and
on-the-job training, resource surveys, etc. priorities, considerable effort is usually nec-
The collaborative assistance method is an essary to refine further the project purpose
approved method for providing technical as- and type of assistance required and provide a
sistance when used in accordance with the basis for contractor selection. This is a cru-
circumstances outlined above, and with the cial step and is focused on results sought—on
guidelines set forth in paragraph 4, below. what the prospective contractor is expected
to produce in relation to resources to be used
4. Implementation Procedures and to project purpose. It should result in a
(a) Introduction. This paragraph 4, provides clear understanding of what the LDC wants,
background information, guidelines and pro- and an overall plan which includes agree-
cedures to effect the implementation of the ment on specific objectives or outputs, ac-
policy set forth in paragraph 3 of this appen- ceptable types of activities and inputs and
dix. an initial budget—resulting in project docu-
(b) Conditions and practices. In order for mentation. At this step, USAID makes deci-
this policy to work effectively even when the sions it cannot delegate on what it will sup-
proposed activity fits the criteria described port and at what cost. If needed to supple-
under Policy, there must also be: ment its direct-hire expertise, USAID can
(1) Acceptance of the notion that the host use outside consultants for analysis and ad-
country, in consultation with the con- vice but retains the ultimate decision for
tractor, is in the best position to make tac- itself in collaboration with, but independent
tical, day-to-day decisions on project inputs of, the requesting host government. (Nor-
within agreed-upon limitations and output mally, the proposed contractor for project
expectations; definition and subsequent implementation
(2) Sufficient trust and respect between the should not have been involved in the problem
Agency and the contractor to allow this analysis and project identification stage as a
flexible implementation authority; consultant to either the host country gov-
(3) A direct-hire project monitor with ap- ernment, host institution, or USAID. If a po-
propriate background to be knowledgeable of tential contractor has been so involved, par-
progress and to assist in an advisory and fa- ticular care must be taken to prevent actual
cilitative capacity, both during and between or apparent organizational conflicts of inter-
periodic reviews. In addition, the following est in the procurement that follows. This
important conditions must be met: could require at a minimum, a careful as-
(i) Adequate preproject communication be- sessment and complete documentation of
tween, and identification of assistance re- reasons for selection.)
quired by, the host government and USAID; Normally, there will need to be some mu-
(ii) Full joint planning and improved tual interaction between the overall plan-
project design (‘‘Joint’’ as used herein refers ning stage outlined here and the detailed
to the primary parties, i.e., the collaborating planning and design work which follows in
institutions, as well as the host government the next phase. There will usually be some
and USAID. In some instances, it can also in- overlap, with preliminary decisions in this
clude other donors.); stage providing a basis for selection of im-
(iii) Careful contractor selection, i.e., plementing agents for stage (2) which in turn
matching of the contractor’s technical and proceeds through some preliminary planning
managerial capabilities to the anticipated to guide completion of stage (1) as a basis for
requirements of the overseas activity; long-term contracting.
(iv) Establishment of relationships be- (2) Project definition. At this stage, having
tween host country, USAID and contractor selected the implementing agent, the U.S.
staff to include host country leadership, and LDC organizations which will be collabo-
flexible implementation authority, and effec- rating in carrying out the project are en-
tive management by the contractor; couraged to work out, to their mutual
3⁄8satisfaction, the particulars of what to do
(v) Improved joint project evaluation, feed-
back, and replanning; and and how to do it (i.e., detailed project design)
(vi) Simplified administrative procedures within the context of LDC leadership and re-
and greater reliance on in-country logistical sponsibility and the general agreements and
support. budget reached in stage (1). The emphasis
(c) Project Stages and Contractor Involve- here is on the technical approach to be uti-
ment. In the long-term technical assistance lized and the scheduling and management of
projects as described above, there are four project inputs. This may involve a short-
discrete but sometimes overlapping decision term reconnaissance and/or an extensive pe-
stages which take place—with the principal riod of detailed joint planning and feeling
contractor usually involved in the last three. out of what is feasible during a preliminary
128
Agency for International Development Ch. 7, App. F
operating phase of the project, possibly last- bility for implementation placed with the
ing as much as a year or more. This stage technical assistance contractor, the host
recognizes the importance, for the problem- government, and/or institutional collabo-
solving or ground breaking types of tech- rator, improved and timely progress report-
nical assistance, of involving the U.S. and ing and periodic, joint, and structured re-
LDC implementing organizations together as views of results and evolving plans are im-
soon as the detailed design work begins. perative as a basis for monitoring and evalu-
USAID’s role here is to facilitate, not direct, ating contractor performance, revalidating
the joint planning, assure consistency with or adjusting project design, and for deter-
prior agreements or concur in changes, af- mining future funding levels and commit-
firm that the implementing parties have ments.
agreed on a reasonable project design, and Both the contractor’s annual report and
prepare or cause to be prepared the docu- the joint review should be structured within
mentation required for stage (3), including the framework of purpose, outputs, perform-
any amendments that might be required to ance indicators, etc., originally established
the project documentation. If and when a de- in the project indentification phase—as
cision is made by the host government and modified by detailed project design—and re-
USAID to proceed into the operating phase flected in the Project Agreement and other
with the same contractor, the U.S. inter- pertinent documentation. The field review
mediary should be treated as a cooperating will normally serve as the occasion for dis-
partner in the negotiation of the subsequent cussing changes in or additions to previously
long-term operating agreement(s) with the agreed-to workplans as well as proposing
host government, host institution and changes in purpose, types of activities au-
USAID. thorized and budgets which require contract
(3) Implementation. The results of the ap- amendment. Obviously, the appropriate host
proach outlined in the stage above should in- government, host institution, and senior
clude, in addition to a better understanding contractor officials should be thoroughly in-
and more meaningful commitment by all volved in the process, which will have to be
parties, the following specific products: adapted to the conditions within specific
(i) A jointly developed life-of-project de- projects and countries. An important USAID
sign which reflects the commitment of all responsibility is to assure that there is ap-
parties and includes clear statements of pur- propriate host country participation in de-
pose, principal outputs, eligible types of ac- veloping and improving project plans prior
tivity and expenditure limits, critical as- to new obligations of funds. The special re-
sumptions, and major progress indicators; quirements and responsibilities of the var-
(ii) A workplan and input schedule for the ious parties shall also be reflected in the
first two years or at least as long as the ex- project agreement and contract terms and in
penditure period for the next obligation of guidelines on the content of annual reports,
project funds; evaluation procedures, etc.
(iii) Provisions for any administrative sup- Standard checking on services actually de-
port, special services or other inputs by the livered as a basis for reimbursement will be
host country, contractor, and/or USAID; and continued including appropriate audit of ex-
(iv) A plan for periodic joint evaluation penditures.
and review or progress and subsequent (d) Contracting implications. The principal
workplans, normally annually, with the par- elements of change in present contracting
ticipation of all parties. practices, as detailed below, are earlier se-
Appropriate elements of these agreements lection and involvement of the prime con-
and understandings are now embodied in a tractor, contracting by major stages of
contract for project implementation, as de- project design and operations, minimizing
scribed in paragraph (d)(3)(i) of the section the need for precontract negotiations and
on Contracting Implications. This contract contract amendments and USAID approvals,
allows the U.S. intermediary to apply its and providing technical assistance contrac-
judgment, reflecting close collaboration with tors with the authority and responsibility
its LDC colleagues, in adjusting the flow of needed to manage implementation within
USAID-financed inputs and in making other the approved program bounds.
operational decisions with a minimum of re- (1) Selection. The early involvement of the
quirements for prior USAID approvals or contractor in the definition stage of a long-
contract amendments as long as the con- term technical assistance project, after
tractor stays within the bounds of the ap- USAID decides what it wants to undertake
proved overall plan and budget. In this in stage (1), does not alter the Agency’s re-
phase, USAID will give technical assistance sponsibility to select its contractors care-
contractors the authority and responsibility fully and in full compliance with appropriate
for using their specialized expertise to the contracting regulations and selection proce-
fullest extent in the scheduling and man- dures. What is required here is that con-
aging of project inputs. tractor selection be carried out at an earlier

(4) Monitoring, joint evaluation and replan- stage than has sometimes been the Agency
ning. With increased flexibility and responsi- practice in the past or with other types of
129
Ch. 7, App. F 48 CFR Ch. 7 (10–1–19 Edition)
contracts and in anticipation that the con- i.e., each year another yearly increment is
tractor, assuming adequate performance, added after review and approval.
will participate in all subsequent phases (ii) Budget flexibility. To support this imple-
until final completion. mentation flexibility, contract budget or fis-
(2) Contracting stages. In contracting, the cal controls will be shifted from fixed line
initial design stage should be separated from items for each input category to program
the longer term implementation stage with- categories, permitting the technical assist-
out any USAID commitment to undertake ance contractor to adjust amounts and tim-
the second until it has exercised its inde- ing to achieve previously approved types of
pendent judgment based on the product of activity. This same type of flexibility should
the first plus any outside expert appraisal it apply to any local currency supplied for
and the host country want to use. project operations and/or contractor staff
The long-term implementation stage itself support. While an essential corollary to
may be further subdivided into contract peri- eliminating the workplan from the contract,
ods which permit time between predeter- this is not a unique procedure under cost re-
mined events for analysis, determination of imbursement type contracts when the con-
new project requirements, and evaluation of tractor has demonstrated adequate manage-
performance prior to initiating the next ment capability.
phase by contract amendment/extension. If, (iii) Negotiation of advance understandings.
for any reason, such an examination does not To permit university and international re-
appear to warrant project continuation, then search center contractors to manage their
termination of the project and/or contract activities in accordance with their own poli-
would be the next step. cies and procedures and thereby sharpen
(3) Flexible implementation authority. While their management responsibility while
good project design will eliminate or dimin- achieving substantial savings in time and re-
ish many operational problems, the very na- duced documentation, USAID may negotiate
ture of long-term technical assistance re- advance understandings with its technical
quires flexible implementation within agreed assistance contractors on dollar costs and
purposes, ultimate outputs, types of activity administrative procedures that would be in-
and available financing. With these key vari- cluded by reference in its subsequent con-
ables for USAID management control estab- tracts. Upon receipt of a request from the
lished, contracts should be written so as to contractor that their policies be reviewed
minimize the need for amendments and and approved for usage in their contract in
USAID approval of changes in input particu- lieu of the standard terms and conditions,
lars. This can be facilitated, both for the OP/PS/OCC, USAID/W will initiate negotia-
USAID, host country, institution, and the tions of such policies in an expeditious man-
contractor by: ner. The approved policies will be used in all
(i) Retention of operational plan in contract relevant relations involving the Agency and
and removal of workplan. The contract nar- respective contractors in lieu of traditional
rative will contain the life-of-the-project contract standard provisions, whenever this
Operational Plan, consistent with the may be appropriate. This does not apply to
project design as developed in stage (2) and local currency costs and host government
reflected in the project documentation (and procedures which must be negotiated in each
subsequent amendments thereto). The Oper- case.
ational Plan includes a statement of the pur- The purpose of the practices listed above is
pose to be achieved, the outputs to be pro- not only to give a qualified contractor the
duced by the contractor and the types of ac- authority to adjust the composition and tim-
tivities to be undertaken, the more signifi- ing of inputs but to assign to it clear respon-
cant indicators of progress, a general de- sibility for managing such resources, as the
scription of the type of inputs that are au- evolving circumstances require, to achieve
thorized and intended to be provided during the agreed-upon outputs on a cost efficient
the life of the project, and the overall budg- basis. It should also reduce the delay and pa-
et. perwork involved in frequent but minor con-
In order to allow adjustments at the imple- tract amendments, and approvals. For the
mentation level without going through the agency as a whole, both in the Mission and
contract amendment process, the detailed in USAID/W, these have involved a large
but short-term workplan containing specific workload and cost.
descriptions and scheduling of all inputs (e) Role of USAID. Nothing in this appendix
such as numbers and types of staff, partici- is intended to delegate, diminish or other-
pants, commodities, etc., and specific activi- wise modify USAID’s final responsibility for
ties, will not be a part of the contract. It is the prudent management of public funds and
a working document to be modified in the its own programs. Rather in withdrawing
field when the situation demands. The latest from the day-to-day involvement in and re-
version will be available as a supporting doc- sponsibility for the management of adjust-
ument to justify proposed new obligation ment of the flow of inputs during the imple-
levels. Normally, the workplan and derived mentation, the best use of limited agency
budget will cover a rolling two year period, staff and time can be devoted to protecting
130
Agency for International Development Ch. 7, App. I
the public interest in gaining maximum re- 2. A list of candidates for the design team
sults from the funds appropriated for tech- and their credentials.
nical assistance by: 3. A list of possible candidates for long-
(1) Seeking optimum identification in term assignment to the project. (Since there
terms of LDC priorities and U.S. capabilities; has been no project design, the specific tech-
(2) Mobilizing and selecting the best U.S. nical assistance slots and technical respon-
professional talent to design and carry out sibilities are vague. But it is expected that
the project; at least half of the personnel needs can be es-
(3) Monitoring what is happening to assure timated early in the project. The institution
adequacy of processes, get a feel of results, should make its best guess for the team and
assure actual delivery of inputs being fi- present to the Agency the persons or types of
nanced; persons with whom they are likely to con-
(4) Assuring that the attention of USAID’s tract.)
implementation agents and LDC colleagues
C. Multiple Institution Submissions
stay well focused on project purpose and re-
sults to be achieved (outputs) and the rela- Joint effort on the part of several institu-
tion to these of what is being done and actions is encouraged when appropriate. A sin-
tual results; gle institution may submit an expression of
(5) Providing intermediaries adequate au- interest for part of the project without
thority and responsibility to adjust inputs knowledge of other collaborators or it may
promptly and sensitively to the evolving submit information in response to A and B of
project situations. this attachment as part of a suggested col-
Attention to these considerations, and to lection of institutions. In either case, a pro-
achievements of the preimplementation con- posed plan for cooperation is necessary.
ditions prescribed above, should greatly in- However, such joint efforts must specify
crease the chances for successful project the division of responsibilities for the plan-
completion and impact on a cost effective ning and personnel factors indicated in B of
basis, which is the final measurement of pru- this attachment. Often USAID will identify
dent management. the need for cooperation and suggest such an
effort in the REI. Even if USAID does not
ATTACHMENT TO APPENDIX F—GUIDELINES suggest collaboration, joint efforts with a de-
FOR REQUESTS FOR EXPRESSIONS OF INTEREST scription of the cooperation would be an ap-
propriate way to respond to an REI.
A. Length and Level of Detail
(Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22
A Request for Expression of Interest (REI) U.S.C. 2381) as amended; E.O. 12163, Sept. 29,
should include more than just a short letter 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435)
expressing interest, but should not be in the
detail of a technical proposal (RFTP). The [49 FR 13301, Apr. 3, 1984, as amended at 49
REI is not the only source of information FR 33669, Aug. 24, 1984; 50 FR 16089, Apr. 24,
that can or should be used for selection, but 1985; 51 FR 20652, June 6, 1986; 52 FR 6160,
at least a minimum level of information Mar. 2, 1987]
should be contained in each document. A ten
page paper that responds to the selection cri- APPENDIXES G–H TO CHAPTER 7
teria included in every REI should be suffi- [RESERVED]
cient for evaluation purposes. The selection
criteria should specify the technical inputs APPENDIX I TO CHAPTER 7—USAID’S
required for successful execution of the ACADEMIC PUBLICATION POLICY
project and normally require a response in
three general areas: 1. Statement of Policy
1. A description of the institution’s capa- This is a statement of USAID policy on
bility to address the problem described in publication, or release to parties other than
the REI. those specifically authorized, of unclassified
2. Any related experience, whether in the materials gathered or developed under con-
country or region or in the problem area. tracts with academic institutions.
3. A demonstrable commitment of the in-
stitution to support the project. 2. Underlying Principles
The responses should address the capa- USAID favors and encourages the publica-
bility, experience, and commitment to the tion of scholarly research as well as the max-
particular project. imum availability, distribution, and use of
knowledge developed in its program.
B. Specific Personnel Information
This policy statement does not deal with
The response should specify within the material that is classified for security rea-
areas set out in the selection criteria the fol- sons. It does deal with considerations of na-
lowing planning and personnel factors. tional interest, not of sufficient gravity to
1. The design team plan and the scope of warrant security classification, but serious
work for each member. enough to affect adversely the conduct of
131
Ch. 7, App. J 48 CFR Ch. 7 (10–1–19 Edition)
U.S. assistance programs. Consequently, in information not generally available to schol-
addition to the requirements of courtesy, ars;
propriety, and confidence which normally (2) The extent to which the work involves
guide scholars in their work, there should matters of political concern to foreign coun-
also be consideration of the potential reper- tries, particularly where any substantial
cussions of publication on the successful exe- part of the work is to be performed therein;
cution of development and other cooperative (3) The extent to which, by reason of
programs in which the United States and for- USAID’s close involvement and cooperation
eign countries are involved. in the performance of the contract, the work
product may be so identified with USAID
3. Operational Definitions itself as to prevent effective disclaimer of
The Agency draws a distinction between USAID endorsement thereof;
two kinds of manuscripts which a scholar (4) The extent to which the objective of the
may wish to publish: contract is to provide advice to USAID or to
(a) A report which is prepared and deliv- a foreign government of immediate oper-
ered to the Agency under the terms of the ational significance in the conduct of the
contract (a ‘‘contract manuscript’’); and USAID program or the implementation of
(b) An article or book based upon experi- governmental programs in the host country;
ence and information gained under an (5) The desires of the host country.
USAID contract but not prepared or deliv-
ered under the contract (a ‘‘non-contract 5. Implementation
manuscript’’). The successful implementation of this pol-
There are two kinds of actions, to be speci- icy on publication rests on a thorough under-
fied in the contract, which the Agency can standing and acceptance of these principles
take upon notification of a contractor’s de- by USAID and the prospective contractor.
sire to publish: The actual publications provision for a par-
(a) Comment only, under which USAID and ticular contract, then, would be so worded as
the foreign government involved may review to reflect the agreement reached in the con-
the manuscript, and have their comments tract negotations.
considered seriously by the contractor prior USAID’s concern with noncontract manu-
to publication; and scripts is related to the identification of a
(b) Authorization for release, which USAID manuscript with the U.S. Government. This
may withhold if reconciliation between the concern will be modified by the passage of
national interest and the author’s interest is time following termination of the contract.
impossible. In the normal case of prepublication re-
4. Policy Statements view for USAID comment, the institution
will submit a copy of the manuscript not
(a) USAID, as a general rule, will not re- later than the date of submission to the pub-
quire an academic institution to obtain per- lisher. This gives the Agency time to com-
mission to publish the written work pro- ment if it is deemed appropriate. However, in
duced under a contract. It will ask for the the case of review for authorization, timely
opportunity to review the manuscript for notification of USAID’s response will be
comment only, prior to publication. given, consistent with the size of the manu-
In the case of a contract manuscript, script and the number and location of the
USAID reserves the right to disclaim en- parties involved.
dorsement of the opinions expressed; if it is The Agency will make every effort to expe-
a noncontract manuscript, USAID reserves dite this review procedure in accordance
the right to disassociate itself from sponsor- with the underlying principle described at
ship or publication. the beginning of this policy statement.
(b) On the other hand, USAID may reserve
the right of authorization for release in (Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22
those exceptional cases where conditions U.S.C. 2381) as amended; E.O. 12163, Sept. 29,
exist making it reasonably foreseeable, in 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435)
light of the contract’s scope of work and the [49 FR 13304, Apr. 3, 1984]
manner and place of performance, that the
written work to be prepared and delivered APPENDIX J TO CHAPTER 7—DIRECT
under the contract may have adverse reper- USAID CONTRACTS WITH A COOPER-
cussions on the relations and programs of
ATING COUNTRY NATIONAL AND WITH
the United States. Where this right is re-
A THIRD COUNTRY NATIONAL FOR
served, it must be so specified in the con-
tract. In determining where to reserve such PERSONAL SERVICES ABROAD
right, USAID will consider all relevant fac-
1. General
tors, including:
(1) The extent to which prompt and full (a) Purpose. This appendix sets forth the
performance of the contract will require ac- authority, policy, and procedures under
cess, facilitated by reason of the contract, to which USAID contracts with cooperating
132
Agency for International Development Ch. 7, App. J
country nationals or third country nationals individuals ‘‘* * * shall not be regarded as
for personal services abroad. employees of the U.S. Government for the
(b) Definitions. For the purpose of this ap- purpose of any law administered by the Civil
pendix: Service Commission.’’ 1
(1) Personal services contract (PSC) means a
contract that, by its express terms or as ad- 3. Applicability
ministered, make the contractor personnel
appear, in effect, Government employees (see (a) This appendix applies to all personal
FAR 37.104). services contracts with CCNs or TCNs to pro-
(2) Employer-employee relationship means an vide assistance abroad under Section
employment relationship under a service 636(a)(3) of the FAA.
contract with an individual which occurs (b) This appendix does not apply to:
when, as a result of (i) the contract’s terms (1) Contracts for non-personal services
or (ii) the manner of its administration dur- with TCNs or CCNs; such contracts are cov-
ing performance, the contractor is subject to ered by the basic text of the FAR and
the relatively continuous supervision and AIDAR.
control of a Government officer or employee. (2) Personal services contracts with U.S.
(3) Non-personal services contract means a citizens or U.S. resident aliens for personal
contract under which the personnel ren- services abroad; such contracts are covered
dering the services are not subject either by by appendix D of this chapter.
the contract’s terms or by the manner of its (3) Appointments of experts and consult-
administration, to the supervision and con- ants as USAID direct-hire employees; such
trol usually prevailing in relationships be- appointments are covered by USAID Hand-
tween the Government and its employees. book 25, Employment and Promotion or su-
(4) Independent contractor relationship perseding Chapters of the Automated Direc-
means a contract relationship in which the tive System (ADS).
contractor is not subject to the supervision
and control prevailing in relationships be- 4. Policy
tween the Government and its employees.
Under these relationships, the Government (a) General. USAID may finance, with ei-
does not normally supervise the performance ther program or operating expense (OE)
of the work, or the manner in which it is to funds, the cost of personal services as part of
be performed, control the days of the week the Agency’s program of foreign assistance
or hours of the day in which it is to be per- by entering into a direct contract with a
formed, or the location of performance. CCN or a TCN for personal services abroad.
(5) Contractor means a cooperating country (1) Program funds. Under the authority of
national or a third country national who has Section 636(h) of the FAA, program funds
entered into a contract pursuant to this ap- may be obligated for periods up to five years
pendix. where necessary and appropriate to the ac-
(6) Cooperating country means the country complishment of the tasks involved.
in which the employing USAID Mission is lo- (2) Operating expense funds. Pursuant to
cated. USAID budget policy, OE funded salaries and
(7) Cooperating country national (CCN) other recurrent cost items may be forward
means an individual who is a cooperating funded for a period of up to three (3) months
country citizen or a non-cooperating country beyond the fiscal year in which these funds
citizen lawfully admitted for permanent resi- were obligated. Non-recurring cost items
dence in the cooperating country. may be forward funded for periods not to ex-
(8) Third Country National (TCN) means an ceed twenty-four (24) months where nec-
individual essary and appropriate to accomplishment of
(i) Who is neither a citizen nor a perma- the work. 2
nent legal resident alien of the United States (b) Limitations on Personal Services Con-
nor of the country to which assigned for tracts. (1) Personal services contracts may
duty, and only be used when adequate supervision is
(ii) Who is eligible for return to his/her
available.
home country or country of recruitment at
(2) Personal services contracts may be used
U.S. Government expense [see Section 12,
for commercial activities. Commercial ac-
General Provision 9 paragraph (n)].
tivities provide a product or service which
2. Legal Basis could be obtained from a commercial source.
See Attachment A of OMB Circular A–76 for
(a) Section 635(b) of the Foreign Assistance a representative list of such activities.
Act of 1961, as amended, hereinafter referred
to as the ‘‘FAA’’, provides the Agency’s con-
tracting authority. 1 The Civil Service Commission is now the
(b) Section 636(a)(3) of the FAA authorizes Federal Office of Personnel Management.
the Agency to enter into personal services 2 If there is a need, these contracts may be
contracts with individuals for personal serv- written for 5 years but only funded as out-
ices abroad and provides further that such lined above.
133
(3) Notwithstanding any other provision of pay, consisting of the local salary schedule
USAID directives, regulations or delega- which includes salary rates, statements au-
tions, Cooperating Country or Third Country thorizing fringe benefit payments, and other
Nationals may be delegated or assigned any pertinent facets of compensation for TCNs
authority, duty or responsibility, delegated and CCNs, and the local position classifica-
or assigned U.S. citizen direct-hire employ- tion system as reflected in the Local Em-
ees (USDH employees) except that: ployee Position Classification Handbook
a. They may not supervise USDH employ- (LEPCH) or equivalent in effect at the Mis-
ees of USAID or other U.S. Government sion. Compensation for PSCs will be in ac-
agencies. They may supervise USPSCs and cordance with the local compensation plan,
non-U.S. citizen employees. to the extent that it covers employees of the
b. They may not be designated a Con- type or category being employed, unless the
tracting Officer or delegated authority to Mission Director determines otherwise. If
sign obligating or subobligating documents. the Mission Director determines that com-
c. They may represent the agency, except pensation in accordance with the local plan
that communications that reflect a final pol- would be inappropriate in a particular in-
icy, planning or budget decision of the agen- stance, then compensation will be set in ac-
cy must be cleared by a USDH employee. cordance with (in order of preference):
d. They may participate in personnel selec- (A) Any other Mission policies on foreign
tion matters but may not be delegated au- national employee compensation; or
thority to make a final decision on personnel (B) Paragraphs 4(c) (d), (e), (g), (h), and (i)
selection. of appendix D. When compensation is set in
e. Services which involve security classi- accordance with this exception, the record
fied material. shall be documented in writing with a jus-
(4) Exceptions. Exceptions to the limita- tification prepared by the requesting office
tions in (b)(3) must be approved by the As- and approved by the Mission Director.
sistant Administrator for Management (AA/ (iii) The earning of leave (annual and sick),
M). allowances and differential (if applicable),
(c) Conditions of Employment. (1) General. salaries and all other related benefits cannot
For the purpose of any law administered by be enumerated in this appendix as they vary
the U.S. Office of Personnel Management, from Mission to Mission and are based upon
USAID PSC contractors are not to be re- the compensation plan for each.
garded as employees of the U.S. Government, (iv) Unless otherwise authorized, the cur-
are not included under any retirement or rency in which compensation is paid to con-
pension program of the U.S. Government, tractors shall be in accordance with the pre-
and are not eligible for the Incentive Awards vailing local compensation practice of the
Program covered by Uniform State/USAID/ post.
USIA regulations. Each USAID Mission is (v) CCN and TCN contractors are eligible
expected to participate in the Joint Special for allowances and differential on the same
Embassy Incentive Awards Program. The basis as direct-hire FSN employees under the
program is administered by a joint com- post compensation plan.
mittee which establishes procedures for sub- (vi) A USAID PSC who is a spouse of a cur-
mission, review and approval of proposed rent or retired U.S. Civil Service, U.S. For-
awards. Other than these exceptions, CCNs eign Service, or U.S. military service mem-
and TCNs who are hired for work in a cooper- ber, and who is covered by their spouse’s
ating country under PSCs generally will be government health or life insurance policy,
extended the same benefits and be subject to is ineligible for a contribution towards the
the same restrictions as Foreign Service Na- costs of annual health and life insurance.
tionals (FSNs) employed as direct-hires by (vii) Retired CCNs and TCNs may be
the USAID Mission. awarded personal services contracts without
(2) Compensation. (i) It is USAID’s general any reduction in or offset against their Gov-
policy (see AIDAR 722.170) that PSC com- ernment annuity.
pensation may not, without the approval of (3) Incentives Awards. (i) All Cooperating
the Mission Director or Assistant Adminis- Country Nationals direct-hire and Personal
trator, exceed the prevailing compensation Services Contractors (PSCs) and Third Coun-
paid to personnel performing comparable try Nationals (PSCs) of the Foreign Affairs
work in the cooperating country. Compensa- Community are eligible for the Joint Special
tion for TCN or CCN personal services con- Embassy Incentive Awards Program.
tractors set in accordance with the provi- (ii) Meritorious Step Increases for USAID
sions of 4c(2)(ii) below satisfies this require- FSN PSCs may be authorized provided the
ment. granting of such increases is the general
(ii) In accordance with Section 408(a)(1) of practice locally.
the Foreign Service Act of 1980, a local com- (iii) The Joint Country Awards Committee
pensation plan forms the basis for all com- administers each post’s (Embassy) award
pensation payments to FSNs which includes program, including establishment of proce-

CCNs and TCNs. The plan is each post’s offi- dures for submission, review and approval of
cial system of position classification and proposed awards.
134
(4) Training. CCN and TCN PSCs are eligi- (i) Offers are to be requested from as many
ble for most of the training courses offered potential offerors as is practicable under the
in the Training Course Schedule. However, circumstances, and
applications will be processed on a case-by- (ii) A justification supporting less than full
case basis and are required to be approved by and open competition must be prepared in
the Contracting Officer. accordance with FAR 6.303.
(2) A class justification was approved by
5. Soliciting for Personal Services Contracts the USAID Procurement Executive to satisfy
(a) Technical Officer’s Responsibilities. The the requirements of AIDAR 706.302–70(c)(2)
Technical Officer will prepare a written de- for a justification in accordance with FAR
tailed statement of duties and a statement of 6.303. Use of this class justification for Per-
minimum qualifications to cover the posi- sonal Services Contracts with Cooperating
tion being recruited for; the statement shall Country Nationals and Third Country Na-
be included in the procurement request. The tionals is subject to the following conditions:
procurement request shall also include the (i) New contracts are publicized consistent
following additional information as a min- with Mission/Embassy practice on announce-
imum: ment of direct hire FSN positions. Renewals
(1) The specific foreign location(s) where or extensions with the same individual for
the work is to be performed, including any continuing service do not need to be pub-
travel requirements (with an estimate of fre- licized.
quency); (ii) A copy of the class justification (which
(2) The length of the contract, with begin- was distributed to all USAID Contracting Of-
ning and ending dates, plus any options for ficers via Contract Information Bulletin)
renewal or extension; must be included in the contract file, to-
(3) The basic education, training, experi- gether with a written statement, signed by
ence, and skills required for the position; the Contracting Officer, that the contract is
(4) A certification from the officer in the being awarded pursuant to AIDAR 706.302–
Mission responsible for the LEPCH or equiv- 70(b)(1); that the conditions for use of this
alent that the position has been reviewed class justification have been met; and that
and is properly classified as to a title, series the cost of the contract is fair and reason-
and grade in accordance with the LEPCH. If able. If the conditions in paragraphs (2)(i)
the position does not fall within the LEPCH and (ii) are not followed, the Contracting Of-
or equivalent system, and estimate of com- ficer must prepare a separate justification as
pensation based on subparagraphs 4(c)(2)(ii) required under AIDAR 706.302–70(c)(2).
(A) or (B) of this Appendix after consulta- (3) Since the award of a personal services
tions or in coordination with the contract of- contract is based on technical qualifications,
ficer or executive officer; not price, and since the biographical data
(5) A list of Government or host country and salary history are used to solicit for
furnished items (e.g., housing). such contracts, FAR Subparts 15.4 and 15.5
(b) Contracting Officer’s Responsibilities. (1) are inappropriate and shall not be used. In-
The Contracting Officer will prepare the so- stead, the solicitation and selection proce-
licitation for personal services which shall dures outlined in this appendix shall govern.
contain:
6. Negotiating a Personal Services Contract
(i) Three sets of certified biographical data
and salary history. (Upon receipt, one copy Negotiating a Personal Services Contract
of the above information shall be forwarded is significantly different from negotiating a
to the Project Officer); nonpersonal services contract because it es-
(ii) A detailed statement of duties or a tablishes an employer-employee relation-
completed position description for the posi- ship; therefore, the selection and negotia-
tion being recruited for; tions procedures are more akin to the per-
(iii) A copy of the prescribed contract sonal selection procedures.
Cover Page, Contract Schedule, and General (a) Technical Officer’s Responsibilities. The
Provisions as well as the FAR Clause to be Technical Officer shall be responsible for re-
included in full text and a list of those to be viewing and evaluating the applications re-
incorporated by reference; and ceived in response to the solicitation issued
(iv) A copy of General Notice entitled by the Contracting Officer. If deemed appro-
‘‘Employee Review of the New Standards of priate, interviews may be conducted with the
Conduct’’ dated October 30, 1992. applicants before the final selection is sub-
(2) The Contracting Officer shall comply mitted to the Contracting Officer.
with the limitations of AIDAR 706.302–70(c) (b) Contracting Officer’s Responsibilities. (1)
as detailed in paragraph 5(c) below. The Contracting Officer shall forward a copy
(c) Competition. (1) Under AIDAR 706.302– of biographical data and salary history re-
70(b)(1), Personal Services Contracts are ex- ceived under the solicitation to the Tech-
empt from the requirements for full and open nical Officer for evaluation.
competition with two limitations that must (2) On receipt of the Technical Officer’s
be observed by Contracting Officers: recommendation, the Contracting Officer
135
shall conduct negotiations with the rec- the event of an emergency (this information
ommended applicant. The terms and condi- is to be retained in the contract file);
tions of the contract will normally be in ac- (g) The contract is complete and correct
cordance with the local compensation plan and all information required on the contract
which forms the basis for all compensation Cover Page (USAID form 1420–36B) has been
on payments paid to FSNs which includes entered;
CCNs and TCNs. (h) The contract has been signed by the
(3) The Contracting Officer shall use the Contracting Officer and the contractor, and
certified salary history on the certified fully executed copies are properly distrib-
statement of biographical data and salary uted;
history as the basis for salary negotiations, (i) The following clearances, approvals and
along with the Technical Officer’s cost esti- forms have been obtained, properly com-
mate. pleted, and placed in the contract file before
(4) The Contracting Officer will obtain nec- the contract is signed by both parties:
essary data for a security and suitability (1) Security clearance to the extent re-
clearance to the extent required by USAID quired by USAID Handbook 6, Security or
Handbook 6, Security or superseding ADS other superseding Chapters of the Auto-
Chapters. mated Directives System;
(2) Mission, host country, and technical of-
7. Executing a Personal Services Contract fice clearance, as appropriate;
Contracting activities, whether USAID/W (3) Medical clearance(s) based on a full
or Mission, may execute Personal Services medical examination(s) and statement of
Contracts, provided that the amount of the medical opinion by a licensed physician. The
contract does not exceed the contracting au- physician’s medical opinion must be in the
thority that has been redelegated to them. possession of the Contracting Officer prior to
See AIDAR 701.601. In executing a personal signature of contract. If a TCN is recruited,
service contract, the Contracting Officer is medical clearance requirements apply to the
responsible for insuring that: contractor and each dependent who is au-
(a) The proposed contract is within his/her thorized to accompany the contractor;
delegated authority; (4) The approval for any salary in excess of
(b) A written detailed statement of duties ES–6, in accordance with appendix G of this
covering the proposed contract has been re- chapter;
ceived; (5) A copy of the class justification or
(c) The proposed scope of work is other appropriate explanation and support
contractible, contains a statement of min- required by AIDAR 706.302–70, if applicable;
imum qualifications from the technical of- (6) Any deviation to the policy or proce-
fice requesting the services, and is suitable dures of this appendix, processed and ap-
for a personal services contract in that: proved under AIDAR 701.470;
(1) Performance of the proposed work re- (7) The memorandum of negotiation;
quires or is best suited for an employer-em- (j) The position description is classified in
ployee relationship, and is thus not suited to accordance with the LEPCH, and the pro-
the use of a non-personal services contract; posed salary is consistent with the local
(2) The scope of work does not require per- compensation plan or the alternate proce-
formance of any function normally reserved dures established in 4(c)(2)(ii) above;
for direct-hire Federal employees (under (k) Funds for the contract are properly ob-
paragraph 4(b) of this appendix); and ligated to preclude violation of the Anti-De-
(3) There is no apparent conflict of interest ficiency Act, 31 U.S.C. 134 (the Contracting
involved (if the Contracting Officer believes Officer ensures that the contract has been
that a conflict of interest may exist, the properly recorded by the appropriate ac-
question should be referred to the cognizant counting office prior to its release for the
legal counsel); signature of the selected contractor);
(d) Selection of the contractor is docu- (l) The contractor receives and under-
mented and justified (AIDAR 706.302–70(b)(1) stands USAID General Notice entitled ‘‘Em-
provides an exception to the requirement for ployee Review of the New Standards of Con-
full and open competition for Personal Serv- duct’’ dated October 30, 1992 and a copy is at-
ices Contracts abroad; see paragraph 5(c) of tached to each contract, as provided for in
this appendix); paragraph (c) of General Provision 2, Section
(e) The standard contract format pre- 12;
scribed for a Cooperating Country National (m) Agency conflict of interest require-
and a Third Country National personal serv- ments, as set out in the above notice are also
ices contract (Sections 9, 10, 11, 12, and 13 of met by the contractor prior to his/her re-
this appendix as appropriate) is used, or that porting for duty;
any necessary deviations are processed as re- (n) A copy of a Checklist for Personal Serv-
quired by AIDAR 701.470; ices Contractors which may be in the form
(f) The contractor has submitted the set out above or another form convenient for
names, addresses, and telephone numbers of the contracting officer, provided that a form
at least two persons who may be notified in containing all of the information described
136
in this paragraph 7 shall be prepared for each 11. ‘‘Optional Schedule’’ for a Contract with a
PSC and placed in the contract file; Cooperating Country National or Third Country
(o) In consultation with the regional legal National Personal Services Contracts.
advisor and/or the regional contracting offi- [Use of the Optional Schedule is intended
cer, the contract is modified by deleting to serve as an alternate procedure for OE
from the General Provisions (Sections 12 and funded Foreign Service National PSCs. The
13 of this Appendix) the inapplicable schedule was developed for use when the
clause(s) by a listing in the Schedule; and Contracting Officer anticipates incremental
(p) The block entitled, ‘‘Acquisition and recurring cost funded contracts. It should be
Assistance Request Document’’ on the Cover noted that the Optional Schedule eliminates
Page of the contract format is completed by the need to amend the contract each time
inserting the four-segment technical number funds are obligated. However, the Con-
tracting Officer is required to amend each
as prescribed in USAID Handbook 18, the
contract not less than twice during a 12
USAID Code Book appendix D or superseding
month period to ensure that the contract
ADS Chapter if the PSC is project-funded.
record of obligations is up to date and agrees
8. Contracting Format with the figures in the master funding docu-
ment.]
The prescribed Contract Cover Page, Con- 12. ‘‘General Provisions’’ for a Contract With
tract Schedules, General Provisions and FAR a Cooperating Country National or With a
Clauses for personal service contracts for Third Country National for Personal Services.
TCNs and CCNs covered by this Appendix are 13. FAR Clauses to be incorporated in full text
included as follows: as well as by reference in Personal Services Con-
9. ‘‘Cover Page’’ for a Contract with a Cooper- tracts.
ating Country National or with a Third Country
National for Personal Services. 9. ‘‘Cover page’’ for a Contract With a Cooper-
ating Country National or With a Third
10. ‘‘Schedule’’ for a Contract with a Cooper-
Country National for Personal Services.
ating Country National or Third Country Na-
tional Personal Services Contracts. —AID Form 1420–36B (11/96)
137
10. ‘‘Schedule’’ for a Contract With a Cooper- Table of Contents

ating Country National or Third Country Na- The Schedule on pages lll through
lll consists of this Table of Contents, the
tional Personal Services Contracts

following Articles, and General Provisions:
Contract No.lll
Article I Statement of Duties
138
ER11AU97.005</GPH>
Article II Period of Service formance of the duties specified above. The
Article III Contractor’s Compensation and contractor’s period of service shall be ap-
Reimbursement proximately lll in lll. (Specify time of
Article IV Costs Reimbursable and Logistic duties in each location.)
Support
Article V Precontract Expenses ARTICLE III—CONTRACTOR’S COMPENSATION
Article VI Additional Clauses AND REIMBURSEMENT
General Provisions A. Except as reimbursement may be spe-

The following provisions, numbered as cifically authorized by the Mission Director
shown below, omitting number(s) lll, are or contracting officer, USAID shall pay the
the General Provisions (GPs) of this Con- contractor compensation after it has accrued
tract: and make reimbursements, if any are due, in
currency of the post or for necessary and
1. Definitions
reasonable costs actually incurred in the
2. Compliance with Applicable Laws and Reg-
performance of this contract within the cat-
ulations
egories listed in Paragraph D, below, and
3. Physical Fitness
subject to the conditions and limitations ap-
4. Security
plicable thereto as set out herein and in the
5. Workweek
attached General Provisions (GPs).
6 Leave and Holidays
7. Social Security and Cooperating Country
Taxes
calculated to cover a calendar period of ap-
8. Insurance
proximately lll (days) (weeks) (months)
9. Travel and Transportation
(years) (which is to include) (1) vacation and
10. Payment
sick leave which may be earned during con-
11. Contractor-Mission Relationships
tractor’s tour of duty (GP Clause No. 6), (2)
12. Termination
lll days for authorized travel (GP Clause
13. Allowances
9), and (3) lll days for orientation and
14. Advance of Dollar Funds
consultation if required by the Statement of
15. Conversion of U.S. Dollars to Local Cur-
Duties.
rency
C. The contractor shall earn vacation leave
16. Post of assignment Privileges
at the rate of lll days per year under the
17. Release of Information
contract (provided the contract is in force
18. Notices
for at least 90 days) and shall earn sick leave
19. Incentive Awards
at the rate of lll days per year under the
20. Training
contract.
21. Medical Evacuation Services
D. Allowable Costs.
Schedule 1. Compensation at the rate of LC lll
NOTE: Use of the following Schedule is not per (year) (month) (week) (day), equivalent
mandatory. to Grade FSN–lll/lll in accordance
The Schedule is intended to serve as a with the Mission’s Local Compensation Plan.
guideline and as a checklist for contracting If during the effective period of this contract
offices in drafting contract schedules. Arti- the Local Compensation Plan is revised, con-
cle language shall be changed to suit the tractor’s compensation will be revised ac-
needs of the particular contract. Special at- cordingly and contractor will be notified in
tention should be given to the financial plan- writing by the contracting officer. Adjust-
ning sections where unnecessary line items ments in compensation for periods when the
should be eliminated. contractor is not in compensable pay status
shall be calculated as follows: Rate of LC
ARTICLE I—STATEMENT OF DUTIES lll per (day) (hour).
LC lll
[The statement of duties shall include: 2. Overtime (Unless specifically authorized
A. General statement of the purpose of the in the Schedule of this contract, no overtime
contract. hours shall be allowed hereunder.)
B. Statement of duties to be performed. 3. Travel and Transportation (Ref. GP
C. Orientation or training to be provided Clause 9). (Includes the value of TRs fur-
by USAID.] nished by the Government, not payable to
ARTICLE II—PERIOD OF SERVICE contractor).
a. United States—$lll
Within lll days after written notice b. International—$lll
from the Contracting Officer that all clear- c. Cooperating and Third Country—$lll,
ances, including the statement of medical LC lll
opinion required under General Provision
Subtotals Item 3—$lll, LC lll
Clause 3, have been received, unless another
4. Subsistence or Per Diem (Ref. GP Clause
date is specified by the contracting officer in

writing, the contractor shall proceed to 9).
lll and shall promptly commence per- a. United States—$lll
139
b. International—$lll ARTICLE V—PRECONTRACT EXPENSES
c. Cooperating and Third Country—$lll, No expense incurred before signing of this
LClll contract will be reimbursed unless such ex-
Subtotals Item 4—$lll, LClll pense was incurred after receipt and accept-
5. Other Direct Costs ance of a precontract expense letter issued to
the contractor by the Contracting Officer,
a. Physical Examination (Ref. GP Clause 3)—
and then only in accordance with the provi-
LClll
sions and limitations contained in such let-
b. Miscellaneous—LClll ter. The rights and obligations created by
Subtotal Item—LClll such letter shall be considered as merged
Total Estimated Costs (Lines 1 thru 5) into this contract.
$lll LC lll
ARTICLE VI—ADDITIONAL CLAUSES
E. Maximum U.S. Dollar and Local Cur-
rency Obligation. [Additional Schedule Clauses may be added
In no event shall the maximum U.S. Dollar to meet specific requirements of an indi-
obligation under this contract exceed $lll vidual contract.]
nor shall the maximum local currency obli-
gation exceed LC lll. Contractor shall 11. Optional Schedule for a Contract With a Co-
keep a close account of all obligations in- operating Country National or Third Country
curred and accrued hereunder and promptly National Personal Services Contracts
notify the contracting officer whenever it Contract No. lll
appears that the said maximum is not suffi- Table of Contents
cient to cover all compensation and costs re- (Optional Schedule)
imbursable which are anticipated under the [Use of the Optional Schedule is not man-
contract. datory. It is intended to serve as an alter-
F. Under the Joint Incentive Awards Pro- nate procedure for OE funded Cooperating
gram for FSN monetary awards will be made Country National and Third Country Na-
pending availability of funds. The increase tional PSCs. The schedule was developed for
for the award will be effected by the execu- use when the Contracting Officer anticipates
tion of an SF–1126 which will be attached to incremental recurring cost funded contracts.
the contract and will form a part of the con- It should be noted that use of the Optional
tract. In no event may costs under the con- Schedule eliminates the need to amend the
tract exceed the total amount obligated. contract each time funds are obligated. How-
Meritorious Step Increases for FSN PSCs ever, Contracting Officer is required to
may be authorized provided the granting of amend each contract not less than twice dur-
such increase is the general practice locally. ing a 12 month period to ensure that the con-
tract record of obligations is up to date and
ARTICLE IV—COSTS REIMBURSABLE AND agrees with the figures in the master funding
LOGISTIC SUPPORT document.]
The Schedule on pages lll through
A. General.
lll consists of this Table of Contents and
The contractor shall be provided with or the following Articles:
reimbursed in local currency
Article I Statement of Duties
(lll) for the following: [Complete] Article II Period of Service
B. Method of Payment of Local Currency Article III Contractor’s Compensation and
Costs. Reimbursement
Those contract costs which are specified as Article IV Costs Reimbursable and Logistic
local currency costs in Paragraph A, above, Support
if not furnished in kind by the cooperating Article V Precontract Expenses
government or the Mission, shall be paid to Article VI Additional Clauses
the contractor in a manner adapted to the General Provisions
local situation, based on vouchers submitted The following provisions, numbered as
in accordance with GP Clause 10. The docu- shown below, omitting number(s) lll, are
mentation for such costs shall be on such the General Provisions (GPs) of this con-
forms and in such manner as the Mission Di- tract.
rector shall prescribe. 1. Definitions
C. Cooperating or U.S. Government Fur- 2. Compliance with Applicable Laws and Reg-
nished Equipment and Facilities. ulations
[List any logistical support, equipment, 3. Physical Fitness
and facilities to be provided by the cooper- 4. Security
ating government or the U.S. Government at 5. Workweek
no cost to this contract; e.g., office space, 6. Leave and Holidays
supplies, equipment, secretarial support, 7. Social Security and Cooperating Country

etc., and the conditions, if any, for use of Taxes
such equipment.] 8. Insurance
140
9. Travel and Transportation Clause 9), and (3) lll days for orientation
10. Payment and consultation if required by the State-
11. Contractor-Mission Relationships ment of Duties.
12. Termination C. The contractor shall earn vacation leave
13. Allowances at the rate of lll days per year under the
14. Advance of Dollar Funds contract (provided the contract is in force
15. Conversion of U.S. Dollars to Local Cur- for at least 90 days) and shall earn sick leave
rency at the rate of lll days per year under the
16. Post of Assignment Privileges contract.
17. Release of Information D. All employee rights and benefits from
18. Notices the previous contract or employment, i.e.,
19. Incentive Awards accumulated annual and sick leave balances,
20. Training original service computation dates, reserve
21. Medical Evacuation Services fund contributions, accumulated compen-
ARTICLE I—STATEMENT OF DUTIES satory time, social security contributions,
seniority and longevity bonuses are consid-
[The statement of duties shall include: ered allowable costs and as a continuation as
A. General statement of the purpose of the long as the break in service does not exceed
contract. three days.
B. Statement of duties to be performed. E. Allowable Costs.
C. Orientation or training to be provided 1. The following illustrative budget details
by USAID.] allowable costs under this contract and pro-
vides estimated incremental recurrent cost
ARTICLE II—PERIOD OF SERVICE
funding in the total amount shown. Addi-
Employment under this contract is of a tional funds for the full term of this contract
continuing nature. Its duration is expected will be provided by the preparation of a mas-
to be part of a series of sequential contracts; ter PSC funding document issued by the Mis-
all contract provisions and clauses and regu- sion Controller for the purpose of providing
latory requirements concerning availability additional funding for a specific period. The
of funds and the specific duration of this con- master PSC funding document will be at-
tract shall apply. tached to this contract and will form a part
Within 10 days after written notice from of the executed contract while also serving
the Contracting Offices that all clearances to amend the budget.
have been received, unless another date is 2. Overtime (Unless specifically authorized
specified by the Contracting Officer in writ- in the Schedule of this contract, no overtime
ing, the contractor shall proceed to (name hours shall be allowed hereunder.)
place) and shall promptly commence per- LClll
formance of the duties specified in Article I 3. Travel and Transportation (Ref. GP
of this contract. The contractor’s period of Clause 9). (Includes the value of TRs fur-
service shall be approximately (specify dura- nished by the Government, not payable to
tion from date to date). contractor).
ARTICLE III—CONTRACTOR’S COMPENSATION a. United States—$lll
AND REIMBURSEMENT b. International—$lll
c. Cooperating and Third Country—$lll,
A. Except as reimbursement may be spe- LC lll
cifically authorized by the Mission Director Subtotals Item 3—$lll, LC lll
or Contracting Officer, USAID shall pay the
4. Subsistence or Per Diem (Ref. GP Clause
contractor compensation after it has accrued
9.)
and make reimbursements, if any are due in
currency of the cooperating country (LC) in a. United States—$lll
accordance with the prevailing practice of b. International—$lll
the post or for necessary and reasonable c. Cooperating and Third Country—$lll,
costs actually incurred in the performance of LC lll
this contract within the categories listed in Subtotals Item 4—$lll, LC lll
paragraph E, below, and subject to the condi- 5. Other Direct Costs.
tions and limitations applicable thereto as a. Physical Examination (Ref. GP Clause 3)—
set out herein and in the attached General $lll, LC lll
Provisions (GPs). b. Miscellaneous—$lll, LC lll
Subtotals Item 5—$lll, LC lll
calculated to cover a calendar period of ap- Total Estimated Costs (Lines 1 thru 5)
proximately lll (days) (weeks) (months) $lll, LC lll
(years) (which is to include) (1) vacation and F. Allowable costs compensation and all
sick leave which may be earned during the terms and benefits of employment under this
contractor’s tour of duty (GP Clause No. 6), contract will be in accordance with the Mis-
(2) lll days for authorized travel (GP sion’s local compensation plan. Salary
141
changes and personnel-related contract ac- [List any logistical support, equipment,
tions will be made by processing the same and facilities to be provided by the cooper-
forms as used in making such changes and ating government or the U.S. Government at
actions for direct-hire FSN employees. When no cost to this contract; e.g., office space,
issued by the Contracting Officer, the forms supplies, equipment, secretarial support,
utilized will be attached to the contract and etc., and the conditions, if any, for use of
will form a part of the contract terms and such equipment.]
conditions.
Any adjustment or increase in the com- ARTICLE V—PRECONTRACT EXPENSES
pensation granted to direct-hire employees No expense incurred before signing of this
under the local compensation plan will be al- contract will be reimbursed unless such ex-
lowed for in PSCs subject to the availability pense was incurred after receipt and accept-
of funds. Such an adjustment will be effected ance of a precontract expense letter issued to
by a mass pay adjustment notice from the the contractor by the Contracting Officer,
Contracting Officer, which will be attached and then only in accordance with the provi-
to the contract and form a part of the exe- sions and limitations contained in such let-
cuted contract. ter. The rights and obligations created by
At the end of each year of satisfactory such letter shall be considered as merged
service, PSC contractors will be eligible to into this contract.
receive an increase equal to one annual step
increase as shown in the local compensation ARTICLE VI—ADDITIONAL CLAUSES
plan, pending availability for funds. Such in-
crease will be effected by the execution of an [Additional Schedule Clauses may be added
SF–1126, Payroll Change Slip which is to be to meet specific requirements of an indi-
attached to each contract and each action vidual contract.]
forms a part of the official contract file.
Under the Joint Inventive Awards Program 12. General Provisions for a Contract With a Co-
for FSNs, monetary awards will be made operating Country National or With a Third
pending availability of funds. The increase Country National for Personal Services
for the award will be effected by the execu- To be used to contract with cooperating
tion of an SF–1126 which will be attached to country nationals or third country nationals
the contract and will form a part of the con- for personal services.
tract. In no event may costs under the con- Index of Clauses
tract exceed the total amount obligated. 1. Definitions
Meritorious Step Increases for FSN PSCs 2. Compliance with Applicable Laws and Reg-
may be authorized provided the granting of ulations
such increase is the general practice locally. 3. Physical Fitness
The master PSC funding document may 4. Security
not exceed the term or estimated total cost 5. Workweek
of this contract. Notwithstanding that addi- 6. Leave and Holidays
tional funds are obligated under this con- 7. Social Security and Cooperating Country
tract through the issuance and attachment Taxes
of the master PSC funding document, all 8. Insurance
other contract terms and conditions remain 9. Travel and Transportation
in full effect. 10. Payment
ARTICLE IV—COSTS REIMBURSABLE AND 11. Contractor-Mission Relationships
LOGISTIC SUPPORT 12. Termination
13. Allowances
A. General. 14. Advance of Dollar Funds
The contractor shall be provided with or 15. Conversion of U.S. Dollars to Local Cur-
reimbursed in local currency rency
lll for the following: [Complete] 16. Post of Assignment Privileges
B. Method of Payment of Local Currency 17. Release of Information
Costs. 18. Notices
Those contract costs which are specified as 19. Incentive Awards
local currency costs in Paragraph A, above, 20. Training
if not furnished in kind by the cooperating 21. Medical Evacuation Services
government or the Mission, shall be paid to 1. Definitions (JUL 1993)
the contractor in a manner adapted to the [For use in both Cooperating Country Na-
local situation, based on vouchers submitted tional (CCN) and Third Country National
in accordance with GP Clause 10. The docu- (TCN) Contracts].
mentation for such costs shall be on such (a) USAID shall mean the U.S. Agency for
forms and in such manner as the Mission Di- International Development.
rector shall prescribe. (b) Administrator shall mean the Adminis-

C. Cooperating or U.S. Government Fur- trator or the Deputy Administrator of the
nished Equipment and Facilities. U.S. Agency for International Development.
142
(c) Contracting Officer shall mean a person shall be subject to the same limitations and
with the authority to enter into, administer, prohibitions which apply to Mission U.S.-cit-
and/or terminate contracts and make related izen direct-hire employees.
determinations and findings. The term in- (c) Code of Conduct. The contractor shall,
cludes certain authorized representatives of during his/her tour of duty under this con-
the Contracting Officer acting within the tract, be considered an ‘‘employee’’ (or if his/
limits of their authority as delegated by the her tour of duty is for less than 130 days, a
Contracting Officer. ‘‘special Government employee’’) for the pur-
(d) Cooperating Country National shall mean poses of, and shall be subject to, the provi-
the individual engaged to serve in the Co- sions of 18 U.S.C. 202(a) the AID General No-
operating Country under this contract. tice entitled Employee Review of the New
(e) Cooperating Country shall mean the for- Standards of Conduct. The contractor ac-
eign country in or for which services are to knowledges receipt of a copy of these docu-
be rendered hereunder. ments by his/her acceptance of this contract.
(f) Cooperating Government shall mean the
government of the Cooperating Country. 3. Physical Fitness (JUL 1993)
(g) Government shall mean the United [For use in both CCN and TCN Contracts].
States Government. (a) Cooperating Country National. The con-
(h) Economy Class air travel shall mean a tractor shall be examined by a licensed doc-
class of air travel which is less than business tor of medicine, and shall obtain a statement
or first class. of medical opinion that, in the doctor’s opin-
(i) Local Currency shall mean the currency ion, the contractor is physically qualified to
of the cooperating country. engage in the type of activity for which he/
(j) Mission shall mean the United States she is to be employed under the contract. A
USAID Mission to, or principal USAID office copy of the medical opinion shall be provided
in, the Cooperating Country. to the Contracting Officer before the con-
(k) Mission Director shall mean the prin- tractor starts work under the contract. The
cipal officer in the Mission in the Cooper- contractor shall be reimbursed for the cost
ating Country, or his/her designated rep- of the physical examination based on the
resentative. rates prevailing locally for such examina-
(l) Third Country National shall mean an in- tions in accordance with Mission practice.
dividual (i) who is neither a citizen of the (b) Third Country National. (i) The con-
United States nor of the country to which
tractor shall obtain a physical examination
assigned for duty, and (ii) who is eligible for
for himself/herself and any authorized de-
return travel to the TCN’s home country or
pendents by a licensed doctor of medicine.
country from which recruited at U.S. Gov-
The contractor shall obtain a statement of
ernment expenses, and (iii) who is on a lim-
medical opinion from the doctor that, in the
ited assignment for a specific period of time.
doctor’s opinion, the contractor is physically
(m) Tour of Duty shall mean the contrac-
qualified to engage in the type of activity for
tor’s period of service under this contract
which he/she is to be employed under the
and shall include, authorized leave and inter-
contract, and the contractor’s authorized de-
national travel.
pendents are physically qualified to reside in
(n) Traveler shall mean the contractor or
dependents of the contractor who are in au- the cooperating country. A copy of that med-
thorized travel status. ical opinion shall be provided to the Con-
(o) Dependents shall mean spouse and chil- tracting Officer prior to the dependents’ de-
dren (including step and adopted children parture for the cooperating country.
who are unmarried and under 21 years of age (ii) The contractor shall be reimbursed for
or, regardless of age, are incapable of self- the cost of the physical examinations men-
support. tioned above as follows: (1) based on those
rates prevailing locally for such examina-
2. Compliance With Laws and Regulations
tions in accordance with Mission practice or
Applicable Abroad (JUL 1993)
(2) if not done locally, not to exceed $100 per
[For use in both CCN and TCN Contracts]. examination for the contractor’s dependents
(a) Conformity to Laws and Regulations of of 12 years of age and over and not to exceed
the Cooperating Country. $40 per examination for contractor’s depend-
Contractor agrees that, while in the co- ents under 12 years of age. The contractor
operating country, he/she as well as author- shall also be reimbursed for the cost of all
ized dependents will abide by all applicable immunizations normally authorized and ex-
laws and regulations of the cooperating tended to FSN employees.
country and political subdivisions thereof.
4. Security (JUL 1993)
(b) Purchase or Sale of Personal Property or
Automobiles. [For TCNs Only]. [For use in both CCN and TCN Contracts].
To the extent permitted by the cooper- (a) The contractor is obligated to notify
ating country, the purchase, sale, import, or immediately the Contracting Officer if the
export of personal property or automobiles contractor is arrested or charged with any
in the cooperating country by the contractor offense during the term of this contract.
143
(b) The contractor shall not normally have not be paid for sick leave earned but unused
access to classified or administratively con- at the completion of this contract.
trolled information and shall take conscious (c) Leave Without Pay. Leave without pay
steps to avoid receiving or learning of such may be granted only with the written ap-
information. However, based on contractor’s proval of the Contracting Officer or Mission
need to know, Mission may authorize access Director.
to administratively controlled information (d) Holidays. The contractor shall be enti-
for performance of assigned scope of work on tled to all holidays granted by the Mission to
a case-by-case basis in accordance with direct-hire cooperating country national em-
USAID Handbook 6 or superseding ADS ployees who are on comparable assignments.
Chapters. 7. Social Security and Cooperating Country
(c) The contractor agrees to submit imme- Taxes (DEC 1986)
diately to the Mission Director or Con-
[For use in both CCN and TCN Contracts].
tracting Officer a complete detailed report,
Funds for Social Security, retirement, pen-
marked ‘‘Privileged Information’’, of any in-
sion, vacation or other cooperating country
formation which the contractor may have
programs as required by local law shall be
concerning existing or threatened espionage,
deducted and withheld in accordance with
sabotage, or subversive activity against the
laws and regulations and rulings of the co-
United States of America or the USAID Mis-
operating country or any agreement con-
sion or the cooperating country government.
cerning such withholding entered into be-
5. Workweek (OCT 1987) tween the cooperating government and the
[For use in both CCN and TCN Contracts]. United States Government.
The contractor’s workweek shall not be 8. Insurance (JUL 1993)
less than 40 hours, unless otherwise provided
in the Schedule, and shall coincide with the
(a) Worker’s Compensation Benefits. The
workweek for those employees of the Mission
contractor shall be provided worker’s com-
or the cooperating country agency must
pensation benefits under the Federal Em-
closely associated with the work of this con-
ployees Compensation Act.
tract. If approved in advance in writing,
(b) Health and Life Insurance. The con-
overtime worked by the contractor shall be
tractor shall be provided personal health and
paid in accordance with the procedures gov-
life insurance benefits on the same basis as
erning premium compensation applicable to
they are granted to direct-hire CCNs and
direct-hire foreign service national employ-
TCN employees at the post under the Post
ees. If the contract is for less than full time
Compensation Plan.
(40 hours weekly), the leave earned shall be (c) Insurance on Private Automobiles—Con-
prorated. tractor Responsibility [For use in TCN con-
6. Leave and Holidays (OCT 1987) tracts]. If the contractor or dependents
[For use in both CCN and TCN Contracts]. transport, or cause to be transported, any
(a) Vacation Leave. The contractor may ac- privately owned automobile(s) to the cooper-
crue, accumulate, use and be paid for vaca- ating country, or any of them purchase an
tion leave in the same manner as such leave automobile within the cooperating country,
is accrued, accumulated, used and paid to the contractor agrees to ensure that all such
foreign service national direct-hire employ- automobile(s) during such ownership within
ees of the Mission. No vacation leave shall be the cooperating country will be covered by a
earned if the contract is for less than 90 paid-up insurance policy issued by a reliable
days. Unused vacation leave may be carried company providing the following minimum
over under an extension or renewal of the coverages, or such other minimum coverages
contract as long as it conforms to Mission as may be set by the Mission Director, pay-
policy and practice. With the approval of the able in U.S. dollars or its equivalent in the
Mission Director, and if the circumstances currency of the cooperating country: injury
warrant, a contractor may be granted ad- to persons, $10,000/$20,000; property damage,
vance vacation leave in excess of that $5,000. The contractor further agrees to de-
earned, but in no case shall a contractor be liver, or cause to be delivered to the Mission
granted advance vacation leave in excess of Director, copies of the insurance policies re-
that which he/she will earn over the life of quired by this clause or satisfactory proof of
the contract. The contractor agrees to reim- the existence thereof, before such auto-
burse USAID for leave used in excess of the mobile(s) is operated within the cooperating
amount earned during the contractor’s as- country. The premium costs for such insur-
signment under the contract. ance shall not be a reimbursable cost under
(b) Sick Leave. The contractor may accrue, this contract.
accumulate, and use sick leave in the same (d) Claims for Private Personal Property
manner as such leave is accrued, accumu- Losses [For use in TCN contracts]. The con-
lated and used by foreign service national di- tractor shall be reimbursed for private per-
rect-hire employees of the Mission. Unused sonal property losses in accordance with
sick leave may be carried over under an ex- USAID Handbook 23, ‘‘Overseas Support’’,
tension of the contract. The contractor will Chapter 10, or superseding ADS Chapter.
144
9. Travel and Transportation Expenses (JUL dence at the time he or she was employed for
1993) work under this contract are not reimburs-
[For use in both CCN and TCN Contracts as able under this contract for the contractor
appropriate]. and his/her dependents. When travel is by
(a) General. The contractor will be reim- economy class accommodations, the con-
bursed in currency consistent with the pre- tractor will be reimbursed for the cost of
vailing practice at post and at the rates es- transporting up to 10 kilograms/22 pounds of
tablished by the Mission Director for author- accompanied personal baggage per traveler
ized travel in the cooperating country in in addition to that regularly allowed with
the economy ticket provided that the total
connection with duties directly referable to
number of pounds of baggage does not exceed
work under this contract. In the absence of
that regularly allowed for first class trav-
such established rates, the contractor shall
elers. Travel allowances for travelers shall
be reimbursed for actual costs of authorized
not be in excess of the rates authorized in
travel in the cooperating country if not pro-
the Standardized Regulations (Government
vided by the cooperating government or the
Civilians, Foreign Areas) hereinafter re-
Mission in connection with duties directly
ferred to as the Standardized Regulations—
referable to work hereunder, including travel
as from time to time amended, for not more
allowances at rates prescribed by USAID
than the travel time required by scheduled
Handbook 22, ‘‘Foreign Service Travel Regu- commercial air carrier using the most expe-
lations’’ or superseding ADS Chapters as ditious route. One stopover enroute for a pe-
from time to time amended. The Executive riod of not to exceed 24 hours is allowable
or Administrative Officer at the Mission when the traveler uses economy class accom-
may furnish Transportation Requests (TR’s) modations for a trip of 14 hours or more of
for transportation authorized by this con- scheduled duration. Such stopover shall not
tract which is payable in local currency or is be authorized when travel is by indirect
to originate outside the United States. When route or is delayed for the convenience of the
transportation is not provided by Govern- traveler. Per diem during such stopover shall
ment issued TR, the contractor shall procure be paid in accordance with the Federal Trav-
the transportation, and the costs will be re- el Regulations as from time to time amend-
imbursed. The following paragraphs provide ed.
specific guidance and limitations on par- (c) Local Travel. Reimbursement for local
ticular items of cost. travel in connection with duties directly ref-
(b) International Travel. For travel to and erable to the contract shall not be in excess
from post of assignment the TCN contractor of the rates established by the Mission Direc-
shall be reimbursed for travel costs and trav- tor for the travel costs of travelers in the Co-
el allowances from place of residence in the operating Country. In the absence of such es-
country of recruitment (or other location tablished rates the contractor shall be reim-
provided that the cost of such travel does bursed for actual travel costs in the Cooper-
not exceed the cost of the travel from the ating Country by the Mission, including
place of residence) to the post of duty in the travel allowances at rates not in excess of
cooperating country and return to place of those prescribed by the Standardized Regula-
residence in the country of recruitment (or tions.
other location provided that the cost of such (d) Indirect Travel for Personal Convenience
travel does not exceed the cost of travel from of a TCN. When travel is performed by an in-
the post of duty in the cooperating country direct route for the personal convenience of
to the contractor’s residence) upon comple- the traveler, the allowable costs of such
tion of services by the individual. Reim- travel will be computed on the basis of the
bursement for travel will be in accordance cost of allowable air fare via the direct usu-
with USAID’s established policies and proce- ally traveled route. If such costs include
dures for its CCN and TCN direct-hire em- fares for air or ocean travel by foreign flag
ployees and the provisions of this contract, carriers, approval for indirect travel by such
and will be limited to the cost of travel by foreign flag carriers must be obtained from
the most direct and expeditious route. If the the Contracting Officer or the Mission Direc-
contract is for longer than one year and the tor before such travel is undertaken, other-
contractor does not complete one full year at wise only that portion of travel accom-
post of duty (except for reasons beyond his/ plished by the United States-flag carriers
her control), the cost of going to and from will be reimbursable within the above limi-
the post of duty for the contractor and his/ tation of allowable costs.
her dependents are not reimbursable here- (e) Limitation on Travel by TCN Dependents.
under. If the contractor serves more than Travel costs and allowances will be allowed
one year but less than the required service in for authorized dependents of the contractor
the cooperating country (except for reasons and such costs shall be reimbursed for travel
beyond his/her control) costs of going to the from place of abode in the country of recruit-
post of duty are reimbursable hereunder but ment to the assigned station in the Cooper-
the cost of going from post of duty to the ating Country and return, only if the depend-
contractor’s permanent, legal place of resi- ent remains in the Cooperating Country for
145
at least 9 months or one-half of the required (2) Emergency evacuation when ordered by
tour of duty of the contract, whichever is the principal U.S. Diplomatic Officer in the
greater, except as otherwise authorized here- cooperating country. Transportation and
under for education, medical, or emergency travel allowances at safe haven and the
visitation travel. Dependents of the TCN transportation of household effects and auto-
contractor must return to the country of re- mobile or storage thereof when authorized
cruitment or home country within thirty by the Mission Director, shall be payable in
days of the termination or completion of the accordance with established Government
contractor’s employment, otherwise such regulations.
travel will not be reimbursed under this con- (3) The Mission Director may also author-
tract. ize emergency or irregular travel and trans-
(f) Delays Enroute. The contractor may be portation in other situations when in his/her
granted reasonable delays enroute while in opinion the circumstances warrant such ac-
travel status when such delays are caused by tion. The authorization shall include the
events beyond the control of the contractor kind of leave to be used and appropriate re-
and are not due to circuitous routing. It is strictions as to time away from post, trans-
understood that if delay is caused by phys- portation of personal and household effects,
ical incapacitation, he/she shall be eligible etc.
for such sick leave as provided under the (i) Country of Recruitment Travel and Trans-
‘‘Leave and Holidays’’ clause of this con- portation. [For TCNs only]. The contractor
tract. shall be reimbursed for actual transportation
(g) Travel by Privately Owned Automobile costs and travel allowances in the country of
(POV). If travel by POV is authorized in the recruitment as authorized in the Schedule or
contract schedule or approved by the Con- approved in advance by the Contracting Offi-
cer or the Mission Director. Transportation
tracting Officer, the contractor shall be re-
costs and travel allowances shall not be re-
imbursed for the cost of travel performed in
imbursed in any amount greater than the
his/her POV at a rate not to exceed that au-
cost of, and time required for, economy-class
thorized in the Federal Travel Regulations
commercial-scheduled air travel by the most
plus authorized per diem for the employee
expeditious route except as otherwise pro-
and, if the POV is being driven to or from
vided in paragraph (h) above, unless economy
the cooperating country as authorized under
air travel is not available and the contractor
the contract, for each of the authorized de-
adequately documents this to the satisfac-
pendents traveling in the POV, provided that
tion of the Contracting Officer in documents
the total cost of the mileage and per diem submitted with the voucher.
paid to all authorized travelers shall not ex- (j) Rest and Recuperation Travel. [For TCNs
ceed the total constructive cost of fare and only].
normal per diem by all authorized travelers If approved in writing by the Mission Di-
by surface common carrier or authorized air rector, the contractor and his/her dependents
fare, whichever is less. shall be allowed rest and recuperation travel
(h) Emergency and Irregular Travel and on the same basis as direct-hire TCN employ-
Transportation. [For TCNs only]. Emergency ees and their dependents at the post under
transportation costs and travel allowances the local compensation plan.
while enroute, as provided in this section, (k) Transportation of Personal Effects (Ex-
will be reimbursed not to exceed amounts cluding Automobiles and Household Goods).
authorized by the Foreign Service Travel [For TCNs only].
Regulations for FSN direct-hire employees (1) General. Transportation costs will be
in like circumstances under the following paid on the same basis as for direct-hire em-
conditions: ployees at post serving the same length tour
(1) The costs of going from post of duty in of duty, as authorized in the schedule. Trans-
the cooperating country to another approved portation, including packing and crating
location for the contractor and authorized costs, will be paid for shipping from contrac-
dependents and returning to post of duty, tor’s residence in the country of recruitment
subject to the prior written approval of the or other location, as approved by the Con-
Mission Director, when such travel is nec- tracting Officer (provided that the cost of
essary for one of the following reasons: transportation does not exceed the cost from
(i) Need for medical care beyond that the contractor’s residence) to post of duty in
available within the area to which con- the cooperating country and return to the
tractor is assigned. country of recruitment or other location
(ii) Serious effect on physical or mental provided the cost of transportation of the
health if residence is continued at assigned personal effects of the contractor not to ex-
post of duty. ceed the limitations in effect for such ship-
(iii) Serious illness, injury, or death of a ments for USAID direct-hire employees in
member of the contractor’s immediate fam- accordance with the Foreign Service Travel
ily or a dependent, including preparation and Regulations in effect at the time shipment is
return of the remains of a deceased con- made. These limitations may be obtained
tractor or his/her dependents. from the Contracting Officer. The cost of
146
transporting household goods shall not ex- home country or country from which re-
ceed the cost of packing, crating, and trans- cruited.
portation by surface common carrier. (o) Storage of household effects. [For TCNs
(2) Unaccompanied Baggage. Unaccompanied Only]. The cost of storage charges (including
baggage is considered to be those personal packing, crating, and drayage costs) in the
belongings needed by the traveler imme- country of recruitment of household goods of
diately upon arrival of the contractor and regular employees will be permitted in lieu
dependents. To permit the arrival of effects of transportation of all or any part of such
to coincide with the arrival of the contractor goods to the Cooperating Country under
and dependents, consideration should be paragraph (k) above provided that the total
given to advance shipments of unaccom- amount of effects shipped to the Cooperating
panied baggage. The contractor will be reim- Country or stored in the country of recruit-
bursed for costs of shipment of unaccom- ment shall not exceed the amount authorized
panied baggage (in addition to the weight al- for USAID direct-hire employees under the
lowance for household effects) not to exceed Foreign Service Travel Regulations. These
the limitations in effect for USAID direct- amounts are available from the Contracting
hire employees in accordance with the For- Officer.
eign Service Travel Regulations in effect 10. Payment (MAY 1997)
when shipment is made. These limitations
are available from the Contracting Officer.
(a) Payment of compensation shall be
This unaccompanied baggage may be shipped
based on written documentation supporting
as air freight by the most direct route be-
time and attendance which may be (1) main-
tween authorized points of origin and des-
tained by the Mission in the same way as for
tination regardless of the modes of travel
direct-hire CCNs and TCNs or (2) the con-
used.
tractor may submit such written documenta-
(l) Reduced Rates on U.S.-Flag Carriers. Re-
tion in a form acceptable to Mission policy
duced rates on U.S.-flag carriers are in effect
and practice as required for other personal
for shipments of household goods and per-
services contractors and as directed by the
sonal effects of USAID contractors between
Mission Controller or paying office. The doc-
certain locations. These reduced rates are
umentation will also provide information re-
available provided the shipper furnishes to
quired to be filed under cooperating country
the carrier at the time of the issuance of the
laws to permit withholding by USAID of
Bill of Lading documentary evidence that
funds, if required, as described in the clause
the shipment is for the account of USAID.
of these General Provisions entitled Social
The Contracting Officer will, on request, fur-
Security and Cooperating Country Taxes.
nish to the contractor current information
(b) Any other payments due under this
concerning the availability of a reduced rate
contract shall be as prescribed by Mission
with respect to any proposed shipment. The
policy for the type of payment being made.
contractor will not be reimbursed for ship-
ments of household goods or personal effects 11. Contractor-Mission Relationships (DEC
in amounts in excess of the reduced rates 1986)
which are available in accordance with the [For use in both CCN and TCN Contracts].
foregoing. (a) The contractor acknowledges that this
(m) Transportation of things. [For TCNs contract is an important part of the U.S.
Only]. Where U.S. flag vessels are not avail- Foreign Assistance Program and agrees that
able, or their use would result in a signifi- his/her duties will be carried out in such a
cant delay, the contractor may obtain a re- manner as to be fully commensurate with
lease from the requirement to use U.S. flag the responsibilities which this entails. Fa-
vessels from the Transportation Division, Of- vorable relations between the Mission and
fice of Acquisition and Assistance, U.S. the Cooperating Government as well as with
Agency for International Development, the people of the cooperating country re-
Washington, DC 20523–1419, or the Mission Di- quire that the contractor shall show respect
rector, as appropriate, giving the basis for for the conventions, customs, and institu-
the request. tions of the cooperating country and not be-
(n) Repatriation Travel. [For TCNs Only]. come involved in any illegal political activi-
Notwithstanding other provisions of this ties.
Clause 9, a TCN must return to the country (b) If the contractor’s conduct is not in ac-
of recruitment or to the TCN’s home country cordance with paragraph (a), the contract
within 30 days after termination or comple- may be terminated pursuant to the General
tion of employment or forfeit all right to re- Provision of this contract, entitled ‘‘Termi-
imbursement for repatriation travel. The re- nation.’’ If a TCN, the contractor recognizes
turn travel obligation [repatriation travel] the right of the U.S. Ambassador to direct
assumed by the U.S. Government may have his/her immediate removal from any country
been the obligation of another employer in when, in the discretion of the Ambassador,
the area of assignment if the employee has the interests of the United States so require.
been in substantially continuous employ- (c) The Mission Director is the chief rep-
ment which provided for the TCN’s return to resentative of USAID in the cooperating
147
country. In this capacity, he/she is respon- emotional incapacity based upon a certifi-
sible for the total USAID Program in the co- cation of such circumstances by a duly quali-
operating country including certain adminis- fied doctor of medicine approved by the Mis-
trative responsibilities set forth in this con- sion. The contract shall be deemed termi-
tract and for advising USAID regarding the nated upon delivery to the contractor of a
performance of the work under the contract termination notice. Upon such a termi-
and its effect on the U.S. Foreign Assistance nation, the contractor shall not be entitled
Program. The contractor will be responsible to compensation except to the extent of any
for performing his/her duties in accordance accrued, unused vacation leave, but shall be
with the statement of duties called for by entitled to return transportation, travel al-
the contract. However, he/she shall be under lowances, and unaccompanied baggage costs
the general policy guidance of the Mission at rates specified in the contract and subject
Director and shall keep the Mission Director to the limitations which apply to authorized
or his/her designated representative cur- travel status.
rently informed of the progress of the work (b) The contractor, with the written con-
under this contract. sent of the Contracting Officer, may termi-
12. Termination (NOV 1989) nate this contract upon at least 15 days’
written notice to the Contracting Officer.
(This is an approved deviation to be used in 13. Allowances (DEC 1986)
place of the clause specified in FAR 52.249– [For TCNs only].
12.) Allowances will be granted to the con-
(a) The Government may terminate per- tractor and authorized dependents on the
formance of work under this contract in same basis as to direct-hire TCN employees
whole or, from time to time, in part: at the post under the Post Compensation
(1) For cause, which may be effected imme- Plan. The allowances provided shall be paid
diately after establishing the facts war- to the contractor in the currency of the co-
ranting the termination, by giving written operating country or in accordance with the
notice and a statement of reasons to the con- practice prevailing at the Mission.
tractor in the event (i) the contractor com- 14. Advance of Dollar Funds (DEC 1986)
mits a breach or violation of any obligations [For TCNs only].
herein contained, (ii) a fraud was committed If requested by the contractor and author-
in obtaining this contract, or (iii) the con- ized in writing by the Contracting Officer,
tractor is guilty (as determined by USAID) USAID will arrange for an advance of funds
of misconduct in the cooperating country. to defray the initial cost of travel, travel al-
Upon such a termination, the contractor’s lowances, authorized precontract expenses,
right to compensation shall cease when the and shipment of personal property. The ad-
period specified in such notice expires or the vance shall be granted on the same basis as
last day on which the contractor performs to an USAID U.S.-citizen direct-hire em-
services hereunder, whichever is earlier. No ployee in accordance with USAID Handbook
costs of any kind incurred by the contractor 22, Chapter 4 or superseding ADS Chapters.
after the date such notice is delivered shall 15. Conversion of U.S. Dollars to Local Cur-
be reimbursed hereunder except the cost of rency (DEC 1986)
return transportation (not including travel
allowances), if approved by the Contracting [For TCNs only].
Upon arrival in the cooperating country,
Officer. If any costs relating to the period
and from time to time as appropriate, the
subsequent to such date have been paid by
contractor shall consult with the Mission Di-
USAID, the contractor shall promptly refund
rector or his/her authorized representative
to USAID any such prepayment as directed
who shall provide, in writing, the policy the
by the Contracting Officer.
(2) For the convenience of USAID, by giv- contractor shall follow in the conversion of
ing not less than 15 calendar days advance one currency to another currency. This may
written notice to the contractor. Upon such include, but not be limited to, the conversion
a termination, contractor’s right to com- of said currency through the cognizant U.S.
pensation shall cease when the period speci- Disbursing Officer, or Mission Controller, as
fied in such notice expires except that the appropriate.
contractor shall be entitled to any accrued, 16. Post of Assignment Privileges (DEC 1986)
unused vacation leave, return transportation [For TCNs only].
costs and travel allowances and transpor- Privileges such as the use of APO, PX’s,
tation of unaccompanied baggage costs at commissaries and officer’s clubs are estab-
the rates specified in the contract and sub- lished at posts abroad pursuant to agree-
ject to the limitations which apply to au- ments between the U.S. and host govern-
thorized travel status. ments. These facilities are intended for and
(3) For the convenience of USAID, when usually limited to U.S. citizen members of
the contractor is unable to complete per- the official U.S. Mission including the Em-
formance of his/her services under the con- bassy, USAID, Peace Corps, U.S. Information
tract by reason of sickness or physical or Services and the Military. Normally, the
148
agreements do not permit these facilities to capabilities and increase knowledge and
be made available to non-U.S. citizens if skills. The training may be funded under the
they are under contract to the United States personal services contract.
Government. However, in those cases where 21. Medical Evacuation (MEDEVAC) Services
the facilities are open to TCN contractor (JUL 2007)
personnel, they may be used.
[For TCN Contracts Only].
17. Release Of Information (DEC 1986) (a) The PSC must obtain MEDEVAC serv-
[For use in both CNN and TCN Contracts]. ice coverage including coverage for author-
All rights in data and reports shall become ized dependents while performing personal
the property of the U.S. Government. All in- services abroad.
formation gathered under this contract by (b) Exceptions. (1) A PSC and authorized de-
the contractor and all reports and rec- pendents with a health insurance program
ommendations hereunder shall be treated as that includes sufficient MEDEVAC coverage
privileged information by the contractor and as approved by the Contracting Officer are
shall not, without the prior written approval not required to obtain MEDEVAC service
of the Contracting Officer, be made available coverage.
to any person, party, or government, other (2) The Mission Director at the post of as-
than USAID, except as otherwise expressly signment may make a written determination
provided in this contract. to waive the requirement for such coverage.
18. Notices (DEC 1986) The determination must be based on findings
that the quality of local medical services or
[For use in both CNN and TCN Contracts].
other circumstances obviate the need for
Any notice, given by any of the parties
such coverage for PSCs and their dependents
hereunder, shall be sufficient only if in writ-
located at post.
ing and delivered in person or sent by tele-
graph, telegram, registered, or regular mail
13. FAR Clauses
as follows:
(a) TO USAID: To the Mission Director of The following FAR Clauses are always to
the Mission in the Cooperating Country with be used along with the General Provisions.
a copy to the appropriate Contracting Offi- They are required in full text.
cer. 1. Covenant Against Contingent Fees 52.203–
(b) TO THE CONTRACTOR: At his/her post 5
of duty while in the Cooperating Country 2. Disputes 52.233–1 (Alternate 1)
and at the contractor’s address shown on the 3. Preference for U.S. Flag Air Carriers
Cover Page of this contract or to such other 52.247–63
address as either of such parties shall des- The following FAR Clauses are to be used
ignate by notice given as herein required. along with the General Provisions, and when
Notices hereunder shall be effective when appropriate, be incorporated in each personal
delivered in accordance with this clause or services contract by reference:
on the effective date of the notice, whichever
1. Anti-Kickback Procedures 52.203–7
is later.
2. Limitation on Payments to Influence Cer-
19. Incentive Awards (DEC 1996) tain Federal Transactions 52.203–12
[For CNN and TCN Contracts]. 3. Audit and Records—Negotiation 52.215–2
(a) All Cooperating Country National 4. Privacy Act Notification 552.224–1
(CCN) Personal Services Contractors (PSCs) 5. Privacy Act 52.224–2
and Third Country Nationals (TCNs) of the 6. Taxes—Foreign Cost Reimbursement Con-
Foreign Affairs Community are eligible for tracts 52.229–8
the Joint Embassy Incentive Awards Pro- 7. Interest 52.232–17
gram. The program is administered by each 8. Limitation of Cost 52.232–20
post’s (Embassy) Joint Country Awards 9. Limitation of Funds 52.232–22
Committee. 10. Assignment of Claims 52.232–23
(b) Meritorious Step Increases 11. Protection of Government Buildings,
Meritorious step increases may be granted Equipment, and Vegetation 52.237–2
to CNNs and TCNs paid under the local com- 12. Notice of Intent to Disallow Costs 52.242–
pensation plan provided the granting of such 1
increases is the general practice locally. 13. Inspection 52.246–5
20. Training (JUL 1993) 14. Limitation of Liability—Services 52.246–
25
[For CNN and TCN Contracts].
The contractor may be provided job related [62 FR 42929, Aug. 11, 1997, as amended at 72
training to develop growth potential, expand FR 19670, Apr. 19, 2007]
149

48 CFR 7 Agency For International Development

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48 CFR 7 Agency For International Development

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Title 48—Federal

CHAPTER 7—Agency for International Development .............. 701

705 Publicizing contract actions ................................... 15

713 Simplified acquisition procedures ........................... 19

719 Small business programs ......................................... 26

727 Patents, data, and copyrights ................................. 41

734 Major system acquisition ........................................ 52

742 Contract administration ......................................... 54

752 Solicitation provisions and contract clauses .......... 63

PART 700 [RESERVED] proved by OMB and assigned an OMB

752.219–8 .......................................................... 0412–0520

tion and record keeping requirements essary uniform procurement policies,

Federal Regulations. AIDAR Circulars tract or procurement will be made only

64 FR 42041, Aug. 3, 1999; 72 FR 19670, Apr. 19,

be U.S. citizen direct-hire employees of Automated Directives System (ADS)

Procuring activity means ‘‘contracting CFR) AIDAR 715.305(c).

703.104–7 Violations or possible viola- (GLAAS,) etc.,) and the solicitation

Subpart 704.8—Contract Files [Reserved] Subpart 704.70—Partner Vetting

must identify these classes of items in solicitations USAID identifies as sub-

PART 705—PUBLICIZING tracting officers shall document the

paid advertisements and notices in ant Administrator responsible for the

written determination, with supporting Advocate (see 706.501) is required before

PART 707—ACQUISITION by delegates the authority to approve

to overrule a decision to grant a waiv- (3) Within 30 days of the closing of

PART 713—SIMPLIFIED PART 714—SEALED BIDDING

[61 FR 39091, July 26, 1996. Redesignated at 79 714.408–170 Partner vetting.

Subpart 715.3—Source Selection 715.305 Proposal evaluation.

[64 FR 16648, Apr. 6, 1999; 64 FR 25405, May 11,

715.370 Alternative source selection ments, special requirements (logistic

considered essential, a statement of (7) The contracting officer will either

host country, and contractor participa- should include a concise statement of

conditions or qualifications considered Subpart 715.6—Unsolicited

[77 FR 8171, Feb. 14, 2012] (4) Characteristics of a suitable pro-

(5) Determination of contractor re- solicitations and contracts when an

that USAID identifies as subject to Subpart 717.70—Pharmaceutical

PART 719—SMALL BUSINESS insofar as practicable and to the max-

which will require contractual imple- appropriate) prior to submittal to

(1) Contracting officers may evaluate (a) Eligibility. A Mentor:

of subcontracts to be awarded to the the Mentor may provide additional in-

has met the developmental objectives Director of OSDBU. Rescission of an

Sec. 722.103–3 [Reserved]

unsuccessful offers, and retained for at 725.704 Geographic source waivers.

722.810 Solicitation provisions and SOURCE: 49 FR 13248, Apr. 3, 1984, unless

(a) The contracting officer must in-

otherwise exempted by one of the ex- tract as required in 725.702. In addition,

726.7102 PD 20 provision. No funds or other support provided here-

PART 727—PATENTS, DATA, AND 727.409 Solicitation provisions and

SOURCE: 72 FR 53163, Sept. 18, 2007, unless

Contracting officers must insert the Subpart 728.3—Insurance

Subpart 731.1—Applicability Subpart 731.2—Contracts With

19, 2007; 79 FR 74988, Dec. 16, 2014]

731.205–46 Travel costs. 731.205–71 Salary supplements for

(a) If a contractor employee serving centive payment and allowances for

Subpart 731.7—Contracts With items) which are included in the budget of

In accordance with the requirements to

FAR 31.205–18 for independent research 732.402 General.

the Procurement Executive.

732.406–72 Establishing an LOC. 733.103–73 Protests excluded from Agency

733.103–70 Protests to the agency.

PART 734—MAJOR SYSTEM tions and contracts for construction or

734.002–70 USAID policy. 736.602–2 Evaluation boards.

cessibility for the Disabled in USAID (4) Ability to assign an adequate

the organization, including a com- services to be rendered, the scope, com-