Appendix D to Chapter 7—Direct USAID

Contracts With a U.S. Citizen or a U.S.

Resident Alien for Personal Services Abroad

1. General. (a) Purpose. This appendix sets forth the authority, policy, and procedures under which

USAID contracts with a U.S. citizen or U.S. resident alien for personal services abroad.

(b) Definitions.

(1) Personal services contract (PSC) means a contract that, by its express terms or as administered,

make the contractor personnel appear, in effect, Government employees (see FAR 37.104).

(2) Employer-employee relationship means an employment relationship under a service contract

with an individual which occurs when, as a result of the contract's terms or the manner of its

administration during performance, the contractor is subject to the relatively continuous supervision

and control of a Government officer or employee.

(3) Non-person services contract means a contract under which the personnel rendering the services

are not subject either by the contract's terms or by the manner of its administration, to the

supervision and control usually prevailing in relationships between the Government and its

employees.

(4) Independent contractor relationship means a contract relationship in which the contractor is not

subject to the supervision and control prevailing in relationships between the Government and its

employees. Under this relationship, the Government does not normally supervise the performance of

the work, control the days of the week or hours of the day in which it is to be performed, or the

location of performance.

(5) Resident hire means a U.S. citizen who, at the time of hire as a PSC, resides in the cooperating

country as a spouse or dependent of a U.S. citizen employed by a U.S. government agency or under

any U.S. government-financed contract or agreement, or for reasons other than for employment with

a U.S. government agency or under any U.S. government-financed contract or agreement. A U.S.

citizen for purposes of this definition also includes persons who at the time of contracting are

lawfully admitted permanent residents of the United States.

(6) U.S. resident alien means a non-U.S. citizen lawfully admitted for permanent residence in the

United States.

(7) Abroad means outside the United States and its territories and possessions.

(8) USAID direct-hire employees means civilian employees appointed under USAID Handbook 25

procedures or superseding Automated Directive System (ADS) Chapters.

2. Legal Basis. (a) Section 635(b) of the Foreign Assistance Act of 1961, as amended (hereinafter

referred to as the “FAA”) provides the Agency's contracting authority.

(b) Section 636(a)(3) of the FAA (22 U.S.C. 2396(a)(3)) authorizes the Agency to enter into personal

services contracts with individuals for personal services abroad and provides further that such

individuals “* * * shall not be regarded as employees of the U.S. Government for the purpose of any
law administered by the Civil Service Commission.” 1

1

 The Civil Service Commission is now the Federal Office of Personnel Management.

3. Applicability. (a) This appendix applies to all personal services contracts with U.S. citizens or U.S.

resident aliens to provide assistance abroad under Section 636(a)(3) of the FAA.

(b) This appendix does not apply to:

(1) Nonpersonal services contracts with U.S. citizens or U.S. resident aliens; such contracts are

covered by the basic text of the FAR (48 CFR Chapter 1) and the AIDAR (48 CFR chapter 7).

(2) Personal services contracts with individual Cooperating Country Nationals (CCNs) or Third

Country Nationals (TCNs). Such contracts are covered by Appendix J of this chapter.

(3) Other personal services arrangements covered by USAID Handbook 25—Employment and

Promotion or superseding ADS Chapters.

(4) Interagency agreements (e.g., PASAs and RSSAs covered by ADS 306—Interagency Agreements.

4. Policy. (a) General. USAID may finance, with either program or operating expense (OE) funds, the

cost of personal services contracts as part of the Agency's program of foreign assistance by entering

into a direct contract with an individual U.S. citizen or U.S. resident alien for personal services

abroad.

(1) Program funds. Under the authority of Section 635(h) of the FAA, program funds may be

obligated for periods up to five years where necessary and appropriate to the accomplishment of the

tasks involved.

(2) Operating Expense Funds. Pursuant to USAID budget policy, OE funded salaries and other

recurrent cost items may be forward funded for a period of up to three (3) months beyond the fiscal

year in which these funds were obligated. Non-recurring cost items may be forward funded for

periods not to exceed twenty-four (24) months where necessary and appropriate to accomplishment

of the work. 2

2

 If there is a need, these contracts may be written for 5 years also but funded only as outlined in

paragraph 4(a) of this appendix.

(b) Limitations on Personal Services Contracts.

(1) Personal services contracts may only be used when adequate supervision is available.

(2) Personal services contracts may be used for commercial activities. Commercial activities provide

a product or service which could be obtained from a commercial source. See Attachment A of OMB

Circular A–76 for a representative list of such activities.

(3) Notwithstanding any other provision of USAID directives, regulations or delegations, U.S. citizen

personal services contractors (USPSCs) may be delegated or assigned any authority, duty or

responsibility delegable to U.S. citizen direct-hire employees (USDH employees) except that:

a. They may not supervise U.S. direct-hire employees of USAID or other U.S. Government agencies.

They may supervise USPSCs and non-U.S. citizen employees.
b. They may not be delegated authority to sign obligating or subobligating documents except when

specifically designated as a contracting officer or an agreement officer in accordance with FAR

subpart 1.6 and the Agency's applicable warrant program.

c. They may represent the agency, except that communications that reflect a final policy, planning or

budget decision of the agency must be cleared by a USDH employee.

d. They may participate in personnel selection matters, but may not be delegated authority to make

a final decision on personnel selection.

e. Exceptions to the limitations in this paragraph (b)(3) must be approved by the Assistant

Administrator for Management (AA/M).

(4) Exceptions. The Assistant Administrator, Bureau for Management (AA/M) must approve

exceptions to the limitations in (b)(3). Approval of an exception by the AA/M is not required when the

Director, Bureau for Management, Office of Acquisition and Assistance (M/OAA Director) designates

a USPSC as a contracting officer or an agreement officer.

(c) Withholdings and Fringe Benefits.

(1) Personal services contractors (PSCs) are Government employees for purposes of the Internal

Revenue Code (Title 26 of the United States Code) and are, therefore, subject to social security

(FICA) and Federal income tax (FIT) withholdings. As employees, they are ineligible for the “foreign

earned income” exclusion under the Internal Revenue Service (IRS) regulations (see 26 CFR

1.911–3(c)(3)).

(2) Personal services contractors are treated on par with other Government employees, except for

programs based on any law administered by the Federal Office of Personnel Management (e.g.,

incentive awards, life insurance, health insurance, and retirement programs covered by 5 CFR Parts

530, 531, 831, 870, 871, and 890). While PSCs are ineligible to participate in any of these programs,

the following fringe benefits are provided as a matter of policy:

(i) The employer's FICA contribution for retirement purposes.

(ii) A contribution against the actual cost of the PSC's annual health and life insurance costs. Proof

of health and life insurance coverage and its actual cost to the PSC shall be submitted to the

Contracting Officer before any contribution is made. (See also paragraph 4(c)(3) of this appendix.)

(A) The contribution for health insurance shall not exceed 50% of the actual cost to the PSC for

his/her annual health insurance, or the maximum U.S. Government contribution for a direct-hire

employee, as announced annually by the Office of Personnel Management, whichever is less. If the

PSC is covered under a spouse's health insurance plan, where the spouse's employer pays some or

all of the health insurance costs, the cost to the PSC for annual health insurance shall be considered

to be zero.

(B) The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for

life insurance, not to exceed $500.00 per year.

(iii) PSCs shall receive the same percentage pay comparability adjustment as U.S. Government

employees subject to the availability of funds.

(iv) PSCs shall receive a 3% annual salary increase subject to satisfactory performance documented

in their annual written evaluation. Such increase may not exceed 3% without a deviation. This 3%
limitation also applies to extensions of the same service or negotiations for a new contract for the

same or similar services unless a deviation has been approved.

(v) PSCs shall receive the following allowances and differentials provided in the State Department's

Standardized Regulations (Government Civilians Foreign Areas) on the same basis as U.S.

Government employees (except for U.S. resident hires, see paragraph 4(d) and Section 12, General

Provisions, Clause 22, “U.S. Resident Hire Personal Services Contractors”):

(A) Temporary lodging allowance (Section 120), 3

3

 Mission Directors may authorize per diem in lieu of these allowances.

(B) Living quarters allowance (Section 130), 3

(C) Post allowance (Section 220), 3

(D) Supplemental post allowance (Section 230), 3

(E) Separate maintenance allowance (Section 260), 4

4

 These allowances are not authorized for short tours (i.e., less than a year).

(F) Education allowance (Section 270), 4

(G) Educational travel (Section 280), 4

(H) Post differential (Section 500),

(I) Payments during evacuation/authorized departure (Section 600), and

(J) Danger pay (Section 650).

(vi) Any allowance or differential that is not expressly stated in paragraph 4(c)(2)(v) is not authorized

for any PSC unless a deviation is approved. The only exception is a consumables allowance if

authorized for the post under Handbook 22 or superseding ADS Chapter.

(vii) Health room services may be provided in accordance with the clause of this contract entitled

“Physical Fitness and Health Room Privileges.”

(viii) PSCs are eligible to receive benefits for injury, disability, or death under the Federal

Employees' Compensation Act since the law is administered by the Department of Labor not the

Office of Personnel Management.

(ix) PSCs are eligible to earn four hours of annual leave and four hours of sick leave for each two

week period. However, PSCs with previous service are eligible to earn annual leave in accordance

with the “Leave and Holidays” General Provision contract clause in section 12 of this appendix.

(3) A PSC who is a spouse of a current or retired Civil Service, Foreign Service, or Military Service

member and who is covered by their spouse's Government health or life insurance policy is ineligible

for the contribution under paragraph 4(c)(2)(ii) of this appendix.

(4) Retired U.S. Government employees shall not be paid additional contributions for health or life

insurance under their contract (since the Government will normally have already paid its

contribution for the retiree) unless the employee can prove to the satisfaction of the Contracting
Officer that his/her health and life insurance does not provide or specifically excludes coverage

overseas. If coverage overseas is excluded, then eligibility as cited in paragraph 4(c)(3) applies.

(5) Retired U.S. Government employees may be awarded Personal Services Contracts without any

reduction in or offset against their Government annuity.

(d) U.S. Resident Hire Personal Services Contractors. U.S. resident-hire PSCs are not eligible for any

fringe benefits (except contributions for FICA, health insurance, and life insurance), including

differentials and allowances unless such individuals can demonstrate to the satisfaction of the

Contracting Officer that they have received similar benefits and allowances from their immediately

previous employer in the cooperating country, or the Mission Director may determine that payment

of such benefits would be consistent with the Mission's policy and practice and would be in the best

interests of the U.S. Government.

(e) Determining salary for personal services contractors.

(1) There are two separate and distinct methods of establishing a salary for personal services

contractors. Use of method number 1 is required unless justified and approved as provided for in

paragraph (e)(1)(ii).

(i) Method 1: Salaries for Personal Services Contractors shall be established based on the market

value in the United States of the position being recruited for. This requires the Contracting Officer

in coordination with the Technical Officer to determine the correct market value (a salary range) of

the position to be filled. This method is required in establishing salary for all PSCs unless method 2

is authorized as provided for in paragraph (e)(1)(ii). Contract Information Bulletin (CIB) 96–8 dated

February 23, 1996 provides a guide which contains information concerning Preparation of Scopes of

Work, Determination of Salary Class Grade, Salary Class Bench Marks and Salary Class Review. The

market value of the position then becomes the basis along with the applicants' certified salary

history on the SF 171, “Personal Qualifications Statement” for salary negotiations by the

Contracting Officer. The SF 171 must be retained in the permanent contract file. Any position which

is determined to be above the GS–13 equivalent and exceeds six months in duration must be

classified by M/HR/POD. The crucial point is the establishment of a realistic and reasonable market

value for a job. The final determination regarding the reasonableness of a salary level rests with the

Contracting Officer. Paying salaries using this method avoids “rank in person” salaries which are in

excess of the value of the job being contracted for.

(ii) Method 2: If approved in writing by the Mission Director or the cognizant Assistant

Administrator, based on written justification, salary may be negotiated based on the applicant's

current earnings adjusted in accordance with the factors set out in paragraphs (e)(1)(ii)

(A) through (C). This approval requirement cannot be redelegated. Current earnings must be

certified by the contractor on the SF 171, (see paragraph 6(b)(3) of this appendix). This is guidance

for establishing initial salaries, not subsequent increases, for the same contractor performing the

same function.

(A) As a rule, up to a 3 percent increase above current earnings may be given. However, a 3 percent

increase is awarded only to a PSC whose earnings are based on a period of twelve months or more; 2

percent for established earnings of less than twelve months but not less than four months; or 1

percent for established earnings during the past four months.

(B) Additional percentages may be given for the following factors. If a PSC has worked in a

developing country for more than two years, an additional 1 percent may be awarded. Education
related to the area of specialization and above the minimum qualification required may warrant an

additional 1 percent, and those specialties for which there is keen competition in the employment

market or a serious shortage category nationwide may be awarded an additional 2 percent. In

addition, related technical experience over 5 years may increase the percentage by 1 and over ten

years by 3.

(C) All requests for an initial rate of pay above 10 percent over current earnings must be approved in

writing by the appropriate Assistant Administrator or Mission Director. Current earnings are actual

earnings for work reasonably related to the position for which the applicant is being considered.

Paragraphs 4(e)(1)(ii) (A) through (C) apply only to salary setting method number 2 in paragraph 4

(e)(1)(ii).

(2) When an applicant has no current earnings history (e.g., a person returning to the workforce

after an absence of a number of years) or when an applicant's current earnings history doesn't

accurately reflect the applicant's job market worth (e.g., a Peace Corps volunteer), every effort

should be made to establish a market value for the position as a basis for negotiation,

notwithstanding the lack of a current earnings history, provided that the applicant has the full

qualifications for the job and could command a similar salary in the open job market.

(3) This appendix applies the “USAID Contractor Salary Threshold (USAID CST)” policy in

Automated Directives System (ADS) Chapter 302.3.6.8 to salaries for U.S. PSCs. Salaries in excess

of the USAID CST, which is equivalent to the maximum rate for Federal agencies without a certified

SES performance appraisal system, must be approved by the M/OAA Director in accordance with the

approval procedures in ADS 302.3.6.8(e). This approval cannot be re-delegated.

(f) Incentive awards. U.S. personal services contractors are not eligible to participate in, or be

funded under, the incentive-awards program administered by the Office of Personnel Management

(OPM) for USAID U.S. direct-hire employees in accordance with section 636(a) of the Foreign

Assistance Act of 1961, as amended. U.S. personal services contractors are eligible to receive

certain monetary and non-monetary incentive awards as authorized under this section. All

nominations for incentive awards must be approved by a U.S. direct-hire employee, who is either the

contractor's supervisor or is at the next higher level within the Mission/Bureau/Independent Office

(M/B/IO). The list of incentive awards and detailed eligibility, nomination, and approval processes

are specified in internal Agency policies in Chapter 309 of Automated Directive System (ADS),

available on the USAID website. These awards will be funded from the authorizations used to fund

the specific contract.

(g) Annual salary increase. PSC contracts written for more than one year should provide for a 3%

annual increase based on satisfactory performance documented in their annual written evaluations.

(h) Pay comparability adjustment. PSCs shall receive the same percentage pay comparability

adjustment as that received by U.S. Government employees subject to the availability of funds.

(i) Subcontracting. PSCs are U.S. Government employees and may not be called upon (or permitted)

to subcontract out any part of their work. Funds for subcontracting have no place in the budget of a

personal services contract. Support services, equipment, and supplies (e.g., typing and report

preparation, paper, pens, computers, and furniture) should be furnished to PSCs just as they would

be to direct-hire employees. To the extent that direct-hire personnel may be authorized to purchase

supporting services or supplies under a travel authorization, so may PSCs; otherwise, contracts for

personal services should not contain any funds for procurement.

5. Soliciting for Personal Services Contracts. (a) Technical Officer's responsibilities. The Technical
Officer will prepare a written detailed statement of duties and a statement of minimum qualifications

to cover the position being recruited for. The statement shall be included in the procurement

request (the Acquisition & Assistance Request Document) e.g., the request shall also include the

following additional information as a minimum:

(1) The specific foreign location(s) where the work is to be performed, including any travel

requirements (with an estimate of frequency);

(2) The length of the contract, with beginning and ending dates, plus any options for renewal or

extension;

(3) The basic education, training, experience, and skills required for the position;

(4) An estimate of what a comparable GS/FS equivalent position should cost, including basic salary,

allowances, and differentials, if appropriate; and

(5) A list of Government or host country furnished items (e.g., housing).

(b) Contracting Officer's responsibilities.

(1) The Contracting Officer will prepare the solicitation for personal services which shall contain:

(i) Three sets of SF 171s and SF 171As. (Upon receipt, one copy of each SF 171 and SF 171A shall

be forwarded to the Project Officer.)

(ii) A detailed statement of duties or a completed position description for the position being

recruited for.

(iii) A copy of the prescribed contract Cover Page, Contract Schedule, General Provisions as

appropriate, as well as the FAR Clauses to be incorporated in full text and by reference.

(iv) A copy of the USAID General Notice entitled “Employee Review of the New Standards of

Conduct”.

(2) The Contracting Officer shall comply with the requirements of (48 CFR) AIDAR 706.302–70(c) as

detailed in paragraph 5(c) except those recruited from the U.S.

(c) Competition.

(1) Under (48 CFR) AIDAR 706.302–70(b)(1), Personal Services Contracts (except those recruited

from the U.S.) are exempt from the requirements for full and open competition with two limitations

that must be observed by Contracting Officers:

(i) Offers are to be requested from as many potential offerors as is practicable under the

circumstances, and

(ii) A justification supporting less than full and open competition must be prepared in accordance

with FAR 6.303.

(2) PSCs with Untied States citizens or resident aliens recruited from outside the cooperating

country. Solicitations for PSCs recruited outside the cooperating country must be publicized via the

Agency's External Home Page on the Internet under the caption “Business & Procurement, USAID

Procurements.” Instructions regarding how to access the External Internet and the information to be
provided have been approved and included in a CIB. A justification under FAR 6.303 is not required

when this procedure is followed.

(3) A class justification was approved by the USAID Procurement Executive to satisfy the

requirements of (48 CFR) AIDAR 706.302–70(c)(2) for a justification in accordance with FAR 6.303.

This class justification for Personal Services Contracts with U.S. Citizens may only be used for those

who are recruited locally subject to the following conditions:

(i) The position was publicized locally in accordance with established Mission policy or procedure, or

the procedures in paragraph 5(c)(ii) was followed;

(ii) As an alternative to the procedures in paragraphs 5(c) (i) and (ii), at least 3 individuals were

considered by consulting source lists (e.g., applications or resumes on hand) or conducting other

informal solicitation.

(iii) Extensions or renewals with the same individual for continuing services do not need to be

publicized.

(iv) A copy of the class justification (which was distributed to all USAID Contracting Officers via

Contract Information Bulletin) must be included in the contract file, together with a written

statement, signed by the Contracting Officer, that the contract is being awarded pursuant to (48

CFR) AIDAR 706.302–70(b)(1); that the conditions for use of this class justification have been met;

and that the cost of the contract is fair and reasonable.

(4) If the appropriate competitive procedure in paragraph 5(3) is not followed, the Contracting

Officer must prepare a separate justification as required under (48 CFR) AIDAR 706.302–70(c)(2).

(5) Since the award of a Personal Services Contract is based on technical qualifications, not price,

and since the SF 171, “Personal Qualifications Statement”, and SF 171A, “Continuation Sheet for

Standard Form 171”, are used to solicit for such contracts, FAR subparts 15.4 and 15.5 and FAR

parts 52 and 53 are inappropriate and shall not be used. Instead, the solicitation and selection

procedures outlined in this Appendix shall govern.

6. Negotiating a Personal Services Contract. Negotiating a Personal Services Contract is

significantly different from negotiating a nonpersonal services contract because it establishes an

employer-employee relationship; therefore, the selection procedures are more akin to the personnel

selection procedures.

(a) Technical Officer's responsibilities. The Technical Officer shall be responsible for reviewing and

evaluating the applications (i.e., SF 171s) received in response to the solicitation issued by the

Contracting Officer. If deemed appropriate, interviews may be conducted with the applicants before

the final selection is submitted to the Contracting Officer.

(b) Contracting Officer's responsibilities.

(1) The Contracting Officer shall forward a copy of each SF 171 received under the solicitation to the

Project Officer for evaluation.

(2) On receipt of the Technical Officer's recommendation, the Contracting Officer shall conduct

negotiations with the recommended applicant. Normally, the Contracting Officer shall negotiate only

the salary (see the salary setting coverage in paragraph 4(e) of this Appendix). The terms and

conditions of the contract, including differentials and allowances, are not negotiable or waivable

without a properly approved deviation (see (48 CFR) AIDAR 701.470). If the Contracting Officer can
negotiate a salary that is fair and reasonable, then the award shall be made.

(3) The Contracting Officer shall use the certified salary history on the SF 171 as the basis for salary

negotiations, along with the market value of the position being recruited for (unless approval not to

use market value has been granted under paragraph 4(e)(1)(ii)), and the Technical Officer's cost

estimate.

(4) The Contracting Officer will obtain two copies of IRS Form W–4, “Employee's Withholding

Allowance Certificate”, from the successful applicant. (Upon receipt, the Contracting Officer will

forward one copy of the W–4 to the Office of the Controller.)

(5) Security clearance is required for all U.S. citizens entering into USAID PSCs. The Contracting

Officer will obtain four sets of SF 86, “Security Investigation Data for Sensitive Position”, from the

successful applicant and forward them to the Office of Security. PSCs may receive a preliminary

clearance and be placed under contract prior to receipt of clearance provided the appropriate paper

work has been completed, reviewed by IG/SEC/PSI and acknowledged as a “no objection” to the

appropriate Mission. See General Provision 24 in section 12 of this appendix.

7. Executing a Personal Services Contract. Contracting Officers or Heads of Contracting Activities,

whether USAID/W or Mission, may execute Personal Services Contracts, provided that the amount of

the contract does not exceed the contracting authority that has been redelegated to them. In

executing a Personal Services Contract, the Contracting Officer is responsible for insuring that:

(a) The proposed contract is within his/her delegated authority;

(b) A Request Number covering the proposed contract has been received;

(c) The position has been classified by either the Mission or M/HR/POD (see CIB 96–8) and the

classification is in the contract file;

(d) The proposed Statement of Duties is contractible, contains a statement of minimum qualifications

from the technical office requesting the services, and is suitable to the use of a Personal Services

Contract in that:

(1) Performance of the proposed work requires or is best suited for an employer-employee

relationship, and is thus not suited to the use of a non-personal services contract;

(2) The Statement of Duties does not require performance of any function normally reserved for

Federal employees (see paragraph 4(b) of this Appendix); and

(3) There is no apparent conflict of interest involved (if the Contracting Officer believes that a

conflict of interest may exist, the question should be referred to the cognizant legal counsel);

(e) Selection of the contractor is documented and justified. (48 CFR) AIDAR 706.302–70(b)

(1) provides an exception to the requirement for full and open competition for Personal Services

Contracts abroad (see paragraph 5(c) of this appendix);

(f) The standard contract format prescribed for Personal Services Contracts (Sections 10, 11, 12 and

13 to this appendix) is used; or that any necessary deviations are processed as required by (48 CFR)

AIDAR 701.470.

(Note: The prescribed contract format is designed for use with contractors who are residing in the
U.S. when hired. If the contract is with a U.S. citizen residing in the cooperating country when

hired, contract provisions governing physical fitness and travel/transportation expenses, and home

leave, allowances, and orientation should be suitably modified (see paragraph 4(d) of this

appendix)).

These modifications are not considered deviations subject to (48 CFR) AIDAR 701.470. (Justification

and explanation of these modifications is to be included in the contract file);

(g) Orientation is arranged in accordance with General Provision 23 in section 12 of this appendix;

(h) The contractor has submitted the names, addresses, and telephone numbers of at least two

persons who may be notified in the event of an emergency (this information is to be retained in the

contract file);

(i) The contract is complete and correct and all information required on the contract Cover Page

(USAID Form 1420–36A) has been entered;

(j) The contract has been signed by the Contracting Office and the contractor, and fully executed

copies are properly distributed;

(k) The following clearances, approvals and forms have been obtained, properly completed, and

placed in the contract file before the contract is signed by both parties;

(1) Evidence of job classification in the file by the Mission except for grade equivalents above GS–13.

For those positions with grade equivalent above GS–13, evidence of job classification done by

M/HR/POD;

(2) Security clearance, including the completed SF 86, to the extent required by USAID Handbook 6,

Security or superseding ADS Chapter, (see General Provisions 14 and 24 in section 12 of this

appendix);

(3) Mission, host country, Human Resources Office, and technical office clearance, as appropriate;

(4) Medical examinations and certifications as required by the contract general provision entitled

“Physical Fitness and Health Room Privileges”;

(5) One original executed IRS Form W–4 entitled “Employee's Withholding Allowance Certificate”,

and one copy, shall be obtained. The original shall be sent to the Controller of the paying office and

one shall be placed in the contract file;

(6) Evidence of DAA/HR clearance that the position may be filled by PSC.

(7) The approval for any salary in excess of the “USAID Contractor Salary Threshold (USAID CST)”,

which is equivalent to the maximum rate for Federal agencies without a certified SES performance

appraisal system, in accordance with approval procedures in ADS 302.3.6.8(e) as required in Section

4.(e)(3);

(8) A copy of the class justification or other appropriate explanation and support required by (48

CFR) AIDAR 706.302–70, if applicable;

(9) Any deviation to the policy or procedures of this appendix, processed and approved under (48

CFR) AIDAR 701.470;
(10) A fully executed SF 171, and a copy of the position classification, and approved deviation, if

appropriate;

(11) The Memorandum of Negotiation; and

(12) The Contracting Officer's signed certification that competition requirements have been satisfied

as described in paragraph 5(c) of the policy text of this Appendix. The certification shall be a part of

the Memorandum of Negotiations.

(l) Funds for the contract are properly obligated to preclude violation of the Anti-Deficiency Act, 31

U.S.C. 1341 (the Contracting Officer ensures that the contract has been properly recorded by the

appropriate accounting office prior to its release for the signature of the selected contractor);

(m) The contractor receives and understands the USAID General Notice entitled “Employee Review

of the New Standards of Conduct” and a copy is attached to each contract as provided for in

paragraph (c) of General Provision 1, section 12;

(n) Agency conflict of interest requirements as set out in the General Notice “Employee Review of

the New Standards of Conduct” are met by the contractor prior to his/her reporting for duty;

(o) A copy of a Checklist for Personal Services contractors which may be in the format set out in this

section or another format convenient for the Contracting Officer, provided that a memorandum

containing all of the information described in this section 7 shall be prepared for each PSC and

placed in the contract file;

(p) The contractor understands that he/she is an employee of the United States for purposes of the

Foreign Assistance Act of 1961, as amended, and the Internal Revenue Code (Title 26 of the United

States Code). This subjects the employee to withholding for both FICA and Federal Income Tax and

precludes the employee from receiving the Federal Earned Income Tax exclusion of 26 U.S.C.

Section 911. See Special Note on the Cover Page of USAID Form 1420–36.

(q) The contractor also understands that he/she may commence work prior to the completion of the

security clearance. However, until such time as clearance is received, the contractor may not have

access to classified or administratively controlled materials. Failure to obtain clearances will

constitute cause for termination.

8. Post Audit. The Inspector General, or his/her designee, audits the Personal Services Contracts of

all contracting activities for the purpose of ensuring conformance to applicable policy and

regulations.

9. Contracting Format. The prescribed Contract Cover Page, Contract Schedule, General Provisions,

and appropriate Federal Acquisition Regulations (FAR) clauses for Personal Services Contracts

covered by this appendix are included as follows:

10. Form USAID 1420–36, “Cover Page” and “Schedule”.

11. Optional Schedule With a U.S. Citizen or U.S. Resident Alien.

12. General Provisions.

13. FAR Clauses to be Incorporated in Full Text in Personal Services Contracts.

14. FAR Clauses to be incorporated by reference in Personal Services Contracts.
10. Form USAID 1420–36, “Cover Page” and “Schedule”.

Contract With a U.S. Citizen or U.S. Resident Alien for Personal Services Abroad—Form AID

1420–36A (11/96) (Cover Page)

Privacy Act Statement

This information is provided pursuant to Public Law 93–579 (Privacy Act of 1974), December 31,

1974, for individuals who complete this form.

The Executive Office of the President, Office of Management and Budget has required that all

departments and agencies comply with the reporting requirements of Section 6041 of the Internal

Revenue Code, Section 6041 states that all departments and agencies making payments totalling

$600 or more in one year to a recipient for services provided must be reported to the Internal

Revenue Service (IRS). The SSN and all financial numbers will be disclosed to U.S. Agency for

International Development (USAID) payroll office personnel and personnel in the Department of the

Treasury, Division of Disbursements. USAID will use this SSN to complete Form W-2 of the Code on

employee compensation. Disclosure by the personal services contractor of the SSN is necessary to
obtain the services, benefits or processes provided by this contract. Disclosure of the SSN may be

made outside USAID (a) pursuant to any applicable routine use listed in USAID's Notice for

implementing the Privacy Act as published in the Federal Register or (b) when disclosure by virtue

of a contract being a public document after signatures is authorized under the Freedom of

Information Act.

Schedule

(The Illustrated Schedule consists of this Table of Contents—Articles I–VI, and the General

Provisions.)

Table of Contents

Article I—Statement of Duties

Article II—Period of Service Overseas

Article III—Contractor's Compensation and Reimbursement in U.S. Dollars

Article IV—Costs Reimbursable and Logistic Support

Article V—Precontract Expenses

Article VI—Additional Clauses

General Provisions:

The following provisions numbered as shown below omitting number(s) ______, are the General

Provisions (GPs) of this Contract:

1. Definitions

2. Laws and Regulations Applicable Abroad

3. Physical Fitness and Health Room Privileges

4. Workweek and Compensation (Pay Comparability Adjustments)

5. Leave and Holidays

6. Differential and Allowances

7. Social Security, Federal Income Tax and Foreign Earned Income

8. Advance of Dollar Funds

9. Insurance

10. Travel and Transportation Expenses

11. Payment

12. Conversion of U.S. Dollars to Local Currency

13. Post of Assignment Privileges
14. Security Requirements

15. Contractor-Mission Relationships

16. Termination

17. Release of Information

18. Notices

19. Reports

20. Use of Pouch Facilities

21. Biographical Data

22. Resident Hire PSC

23. Orientation and Language Training

24. Conditions for Contracting Prior to Receipt of Security Clearance

25. Medical Evacuation Services

26. Governing Law

27. [Reserved]

28. [Reserved]

29.Incentive Awards

For each tour of duty, attach the applicable General Provisions.

Schedule: (Note: Use of the following Schedule Articles are not mandatory. They are intended to

serve as guidelines for contracting offices in drafting contract schedules. Article language may be

changed to suit the needs of the particular contract).

Article I—Statement of Duties

(The statement of duties shall include:

A. General statement of the purpose of the contract.

B. Statement of duties to be performed.

C. Any USAID consultation or orientation.)

Article II—Period of Service Overseas

Within ______ days after written notice from the Contracting Officer that all clearances, including the

doctor's statement of medical opinion required under General Provision Clause 4, have been

received or unless another date is specified by the Contracting Officer in writing, the contractor

shall proceed to ______ where he/she shall promptly commence performance of the duties specified

above. The contractor's period of service overseas shall be approximately ______ in ______. (Specify
time of duties in each location as well as authorized stopovers with purpose of each.)

Article III—Contractor's Compensation and Reimbursement in U.S. Dollars

A. Except to the extent reimbursement is payable in the currency of the Cooperating Country

pursuant to Article IV, USAID shall pay the contractor compensation after it has accrued and

reimburse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/her in

the performance of this contract within the categories listed in paragraph C, below, and subject to

the conditions and limitations applicable thereto as set out herein and in the attached General

Provisions (GP).

B. The amount budgeted and available as personal compensation to the contractor is calculated to

cover a calendar period of approximately ______ (days) (weeks) (months) (years) which is to include:

(1) vacation, sick, and home leave which may be earned during the contractor's tour of duty (GP

Clause 5);

(2) ______ days for authorized travel (GP Clause 10); and

(3) ______ days for orientation and consultation in the United States (GP Clause 23).

C. Allowable Costs: 1. Compensation at the rate of $______ per (year) (month) (week) (day).

Adjustments in compensation (pay) for periods when the contractor is not in compensable pay status

shall be calculated as follows:

Rate of $______ per (day) (hour).

Contingency for Compensation (Pay Comparability) Adjustments. $______.

Annual Salary increase (3%) $______.

2. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall

be allowed hereunder.) $______.

* 3. Overseas Differential (Ref. GP Clause No. 6.) Rate $______ and Contingency $______ = Total

$______.

* If post differential is applicable to the assigned post, a contingency for the adjusted amount of

differential resulting from compensation (pay comparability) adjustment should be included.

** 4. Allowances in Cooperating Country (Ref. GP Clause 6.) $______.

** Do not include the value of any costs to be paid or reimbursed in local currency.

** 5. Travel and Transportation (Ref. GP Clause 10.) (Includes the value of GTRs furnished by the

Government, not payable to contractor). $______.

a. United States $______

b. International $______

c. Cooperating and Third Country $______
Subtotal Item 5 $______

** 6. Subsistence or Per Diem (Ref. GP Clause 10.)

a. Untied States $______

b. International $______

c. Cooperating and Third Country $______.

Subtotal Item 6 $______

7. Other Direct Costs.

a. Health and Life Insturance $______

b. Precontract Costs, passport, visa, inoculations, etc. (Ref. GP Clause 8.) $______

c. Physical Examination (Ref. GP Clause 3.) $______

d. Communications, Miscellaneous. $______

Subtotal Item 7 $______

8. F.I.C.A.–U.S.G. Contribution (not payable to contractor). $______

D. Maximum U.S.-Dollar Obligation:

In no event shall the maximum U.S.-dollar obligation under this contract exceed $______. Contractor

shall keep a close account of all obligations he/she incurs and accrues hereunder and promptly

notify the Contracting Officer whenever in his/her opinion the said maximum is not sufficient to

cover all compensation and costs reimbursable in U.S. dollars which he/she anticipates under the

contract.

Article IV—Costs Reimbursable and Logistic Support

A. General: The contractor shall be provided with or reimbursed in local currency (______) for the

following:

[Complete]

B. Method of Payment of Local Currency Costs: Those contract costs which are specified as local

currency costs in paragraph A above, if not furnished in kind by the cooperating government or the

Mission, shall be paid to the contractor in a manner adapted to the local situation, based on

vouchers submitted in accordance with General Provision Clause 11. The documentation for such

costs shall be on such forms and in such manner as the Mission Director shall prescribe.

[Complete]

Article V—Precontract Expenses

No expense incurred before execution of this contract will be reimbursed unless such expense was

incurred after receipt and acceptance of a precontract expense letter issued to the contractor by the

Contracting Officer, and then only in accordance with the provisions and limitations contained in
such letter. The rights and obligations created by such letter shall be considered as merged into this

contract.

Article VI—Additional Clauses

(Additional Schedule Clauses may be added such as the implementation of General Provisions or

Additional Clauses.)

11.Optional Schedule With a U.S. Citizen or U.S. Resident Alien

A U.S. Citizen or a U.S. Resident Alien PSC Contract No. ______

Table of Contents

(Optional Schedule)

(Use of the Optional Schedule is not mandatory. It is intended to serve as an alternate procedure for

OE funded U.S. PSCs or U.S. Resident Alien PSCs. The Schedule is for use when the Contracting

Officer anticipates incremental recurring cost funded contracts.

Use of the Optional Schedule eliminates the need to amend the contract each time funds are

obligated. However, the Contracting Officer is required to amend each contract not less than twice

during a 12 month period to ensure that the contract record of obligations is up to date and agrees

with the figures in the master funding document.)

The Schedule on pages ______ thru ______ consists of this Table of Contents and the following

Articles:

Article I—Statement of Duties

Article II—Period of Service Overseas

Article III—Contractor's Compensation and Reimbursement in U.S. Dollars

Article IV—Costs Reimbursable and Logistic Support

Article V—Precontract Expenses

Article VI—Additional Clauses

General Provisions:

The following provisions, numbered as shown below, omitting number(s) ______, are the General

Provisions (GP) of this Contract:

1. Definitions

2. Laws and Regulations Applicable Abroad

3. Physical Fitness and Health Room Privileges

4. Workweek and Compensation (Pay Comparability Adjustments)

5. Leave and Holidays
6. Differential and Allowances

7. Social Security and Federal Income Tax

8. Advance of Dollar Funds

9. Insurance

10. Travel and Transportation Expenses

11. Payment

12. Conversion of U.S. Dollars of Local Currency

13. Post of Assignment Privileges

14. Security Requirements

15. Contractor-Mission Relationships

16. Termination

17. Release of Information

18. Notices

19. Reports

20. Use of Pouch Facilities

21. Biographical Data

22. Resident Hire PSC

23. Orientation and Language Training

24. Conditions for Contracting Prior to Receipt of Security Clearance

25. Medical Evacuation Services

26. Governing Law

27. [Reserved]

28. [Reserved]

29. Incentive Awards

For each tour of duty, attach the applicable General Provisions.

Article I—Statement of Duties.

(The statement of duties shall include:

A. General statement of the purpose of the contract.
B. Statement of duties to be performed.

C. Any USAID consultation or orientation.)

Article II—Period of Service Overseas.

Within ______ days after written notice form the Contracting Officer that all clearances, including the

doctor's statement of medical opinion required under General Provision Clause 3, have been

received or unless another date is specified by the Contracting Officer in writing, the contractor

shall proceed to ______ where he/she shall promptly commence performance of the duties specified

above. The contractor's period of service overseas shall be approximately ______ in ______. (Specify

time of duties in each location as well as authorized stopovers with purpose of each.)

Article III—Contractor's Compensation and Reimbursement in U.S. Dollars.

A. Except to the extent reimbursement is payable in the currency of the Cooperating Country

pursuant to Article IV, USAID shall pay the contractor compensation after it has accrued and

reimburse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/her in

the performance of this contract within the categories listed in paragraph C, below, and subject to

the conditions and limitations applicable thereto as set out herein and in the attached General

Provisions (GP).

B. The amount budgeted and available as personal compensation to the contractor is calculated to

cover a calendar period of approximately ______ (days) (weeks) (months) (years) which is to include:

1. Vacation, sick, and home leave which may be earned during the contractor's tour of duty (GP

Clause 5);

2. ______ days for authorized travel (GP Clause 10); and

3. ______ days for orientation and consultation in the United States (GP Clause 23).

C. Allowable Costs: 1. The following illustrative budget details allowable costs under this contract

and provides estimated incremental recurrent cost funding in the total amount shown. Additional

funds for the full term of this contract will be provided by the preparation of a master PSC funding

document issued by the Mission Controller for the purpose of providing additional funding for a

specific period. The master PSC funding document will be attached to this contract and will form a

part of the executed contract while also serving to amend the budget.

2. Compensation at the rate of $______ per (year) (month) (week) (day). Adjustments in compensation

(pay) for periods when the contractor is not in compensable pay status shall be calculated as follows:

Rate of $______ per (day) (hour).

Contingency for Compensation (Pay Comparability Adjustments.) $______

Annual Salary increase (3%) $______

3. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall

be allowed hereunder.) $______

* 4. Overseas Differential (Ref. GP Clause No. 6.) Rate $______ and Contingency $______ = Total

$______.
** 5. Allowances in Cooperating Country (Ref. GP Clause 6.) $______

* If post differential is applicable to the assigned post, a contingency for the adjusted amount of

differential resulting from compensation (pay comparability) adjustment should be included.

** 6. Travel and Transportation (Ref. GP Clause 10.) (Includes the value of GTRs furnished by the

Government, not payable to contractor). $______.

** Do not include the value of any costs to be paid or reimbursed in local currency.

a. United States $______

b. International $______

c. Cooperating and Third Country $______

Subtotal Item 6 $______

**7. Subsistence or Per Diem (Ref. GP Clause 10.)

a. United States $______

b. International $______

c. Cooperating and Third Country $______

Subtotal Item 7 $______

**8. Other Direct Costs

a. Health and Life Insurance (Ref. GP Clause 9.) $______

b. Precontract Costs, passport, visa, inoculations, etc. (Ref. GP Clause 8.) $______

c. Physical Examination (Ref. GP Clause 3.) $______

d. Communications, Miscellaneous Subtotal Item 8 $______

9. F.I.C.A.—U.S.G. contribution (not payable to contractor). $______

D. Maximum U.S.-Dollar Obligation: In no event shall the maximum U.S.-dollar obligation under this

contract exceed $______.

E. Salary changes and personnel-related contract actions will be made by processing the same forms

as used in making such changes and actions for direct-hire employees. When issued by the

Contracting Officer, the forms utilized will be attached to the contract and will form a part of the

contract terms and conditions.

F. Any adjustment or increase in the compensation granted to direct-hire employees will be allowed

for in PSCs subject to the availability of funds. Such an adjustment will be effected by a mass pay

adjustment notice from the Contracting Officer, which will be attached to the contract and form a

part of the executed contract.

G. At the end of each year of satisfactory service, PSC contractors will be eligible to receive an
increase equal to 3% pending availability of funds provided their services have been satisfactory.

Such increase will be effected by the execution of an SF–1126, payroll change slip which is to be

attached to each contract and each action forms a part of the official contract file.

H. The master PSC funding document may not exceed the term or estimated total cost of this

contract. Notwithstanding that additional funds are obligated under this contract through the

issuance and attachment of the master PSC funding document, all other contract terms and

conditions remain in full effect.

Article IV—Costs Reimbursable and Logistic Support

A. General: The contractor shall be provided with or reimbursed in local currency (______) for the

following:

[Complete]

B. Method of Payment of Local Currency Costs: Those contract costs which are specified as local

currency costs in paragraph A above, if not furnished in kind by the cooperating government or the

Mission, shall be paid to the contractor in a manner adapted to the local situation, based on

vouchers submitted in accordance with General Provision Clause 12. The documentation for such

costs shall be on such forms and in such manner as the Mission Director shall prescribe.

Article V—Precontract Expenses

No expense incurred before execution of this contract will be reimbursed unless such expense was

incurred after receipt and acceptance of a precontract expense letter issued to the contractor by the

Contracting Officer, and then only in accordance with the provisions and limitations contained in

such letter. The rights and obligations created by such letter shall be considered as merged into this

contract.

Article VI—Additional Clauses

(Additional Schedule Clauses may be added such as the implementation of General Provisions or

Additional Clauses.)

12. General Provisions for a Contract With a U.S. Citizen or a U.S. Resident Alien for Personal

Services Abroad

The following clauses are to be used (when applicable), for both tours of duty of less than 1 year as

well as 1 year or more.

Index of Clauses

1. Definitions

2. Compliance with Laws and Regulations Applicable Abroad

3. Physical Fitness and Health Room Privileges

4. Workweek and Compensation (Pay Comparability Adjustments)

5. Leave and Holidays

6. Differential and Allowances
7. Social Security, Federal Income Tax, and Foreign Earned Income

8. Advance of Dollar Funds

9. Insurance

10. Travel and Transportation Expenses

11. Payment

12. Conversion of U.S. Dollars to Local Currency

13. Post of Assignment Privileges

14. Security Requirements

15. Contractor-Mission Relationships

16. Termination

17. Release of Information

18. Notices

19. Reports

20. Use of Pouch Facilities

21. Biographical Data

22. U.S. Resident Hire Personal Services Contractor

23. Orientation and Language Training

24. Conditions for Contracting Prior to Receipt of Security Clearance

25. Medical Evacuation (MEDEVAC) Services

26. Governing Law

27. [Reserved]

28. [Reserved]

29. Incentive Awards

1. Definitions (June 1990)

(a) USAID shall mean the U.S. Agency for International Development.

(b) Administrator shall mean the Administrator or the Deputy Administrator of USAID.

(c) Contracting Officer shall mean a person with the authority to enter into, administer, and/or

terminate contracts and make related determinations and findings. The term includes certain

authorized representatives of the Contracting Officer acting within the limits of their authority as
delegated by the Contracting Officer.

(d) Contractor shall mean the individual engaged to serve under this contract.

(e) Cooperating Country shall mean the foreign country in or for which services are to be rendered

hereunder.

(f) Cooperating Government shall mean the government of the Cooperating Country.

(g) Government shall mean the United States Government.

(h) Local currency shall mean the currency of the Cooperating Country.

(i) Mission shall mean the United States USAID Mission, or principal USAID office, in the

Cooperating Country, or USAID/Washington (USAID/W).

(j) Mission Director shall mean the principal officer in the Mission in the Cooperating Country, or

his/her designated representative.

(k) Technical Officer shall mean the USAID official to whom the contractor reports, and who is

responsible for monitoring the contractor's performance.

(l) Tour of duty shall mean the contractor's period of service under this contract and shall include

orientation in the United States (less language training), authorized leave, and international travel.

(m) Traveler shall mean—

(1) The contractor in authorized travel status or

(2) Dependents of the contractor who are in authorized travel status.

(n) Dependents means:

(1)Spouse.

(2) Children (including step and adopted children) who are unmarried and under 21 years of age or,

regardless of age, are incapable of self-support.

(3) Parents (including step and legally adoptive parents) of the employee or of the spouse, when

such parents are at least 51 percent dependent on the contractor for support.

(4) Sisters and brothers (including step or adoptive sisters or brothers) of the contractor, or of the

spouse, when such sisters and brothers are at least 51 percent dependent on the contractor for

support, unmarried and under 21 years of age, or regardless of age, are incapable of self-support.

(o) U.S. Resident Alien, as used in this contract, shall mean an alien immigrant, legally resident in

the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and

having a valid “Alien Registration and Receipt Card” (Immigration and Naturalization Service forms

I–151 or I–551).

(p) U.S. Resident Hire Personal Services Contractor (PSC) means a U.S. citizen who, at the time of

hiring as a PSC, resides in the Cooperating Country:

(1) As a spouse or dependent of a U.S. citizen employed by a U.S. Government Agency or under any
U.S. Government-financed contract or agreement, or

(2) For reasons other than for employment with a U.S. Government Agency or under any U.S.

Government-financed contract or agreement. A U.S. citizen for purposes of this definition also

includes a person who at the time of contracting, is a lawfully admitted permanent resident of the

United States.

2. Compliance With Laws and Regulations Applicable Abroad (July 1993)

(a) Conformity to Laws and Regulations of the Cooperating Country. Contractor agrees that, while in

the cooperating country, he/she as well as authorized dependents will abide by all applicable laws

and regulations of the cooperating country and political subdivisions thereof.

(b) Purchase or Sale of Personal Property or Automobiles. To the extent permitted by the

cooperating country, the purchase, sale, import, or export of personal property or automobiles in the

cooperating country by the contractor shall be subject to the same limitations and prohibitions

which apply to Mission U.S.-citizen direct-hire employees.

(c) Code of Conduct. The contractor shall, during his/her tour of duty under this contract, be

considered an “employee” (or if his/her tour of duty is for less than 130 days, a “special Government

employee”) for the purposes of, and shall be subject to, the provisions of 18 U.S.C. 202(a) and the

USAID General Notice entitled “Employee Review of the New Standards of Conduct” pursuant to 5

CFR part 2635. The contractor acknowledges receipt of a copy of these documents by his/her

acceptance of this contract.

3. Physical Fitness and Health Room Privileges (APR 7)

(a) Physical Fitness.

(1) For all assignments outside of the United States the contractor and any authorized dependents

shall be required to be examined by a licensed doctor of medicine, and the contractor shall obtain

from the doctor a statement of medical opinion that, in the doctor's opinion, the contractor is

physically able to engage in the type of activity for which he/she is to be employed under the

contract, and the contractor and any dependents are physically able to reside in the Cooperating

Country. A copy of the statement(s) shall be provided to the Contracting Officer prior to the

contractor's departure for the Cooperating Country, or for a U.S. resident hire, before he/she starts

work under the contract.

(2) For assignments of 60 days or more in the Cooperating Country, the Contracting Officer shall

provide the contractor and all authorized dependents copies of the “USAID Contractor Employee

Physical Examination Form”. This form is for collection of information; it has been reviewed and

approved by OMB, and assigned Control No. 0412–0536. Information required by the Paperwork

Reduction Act (burden estimate, points of contract, and OMB approval expiration date) is printed on

the form. The contractor and all authorized dependents shall obtain a physical examination from a

licensed physician, who will complete the form for each individual. The contractor will deliver the

physical examination form(s) to the Embassy health unit in the Cooperating Country. A copy of the

doctor's statement of medical opinion at the end of the form which identifies the contractor or

dependent by name may be used to meet the requirement in (a)(1) above.

(3) For end-of-tour the contractor and his/her authorized dependents are authorized physical

examinations within 60 days after completion of the contractor's tour-of-duty.

(b) Reimbursement.
(1) As a contribution to the cost of medical examinations required by paragraph (a)

(1) of this clause, USAID shall reimburse the contractor not to exceed $100 for each physical

examination, plus reimbursement of charges for immunizations.

(2) As a contribution to the cost of medical examinations required by paragraph (a)(2) of this clause

the contractor shall be reimbursed in an amount not to exceed half of the cost of the examination up

to a maximum USAID share of $300 per examination plus reimbursement of charges for

immunizations for himself/herself and each authorized dependent 12 years of age or over. The

USAID contribution for authorized dependents under 12 years of age shall not exceed half of the

cost of the examination up to a maximum share of $120 per individual plus reimbursement of

charges for immunizations. The contractor must obtain the prior written approval of the Contracting

Officer to receive any USAID obligations higher than these limits.

(c) Health Room Privileges. Routine health room services may be available, subject to post policy

and in accordance with the requirements of paragraph (a) of this clause, to U.S. citizen contractors

and their authorized dependents (regardless of citizenship) at the post of duty. These services do not

include hospitalization or predeparture examinations. The services normally include such

medications as may be available, immunizations and preventive health measures, diagnostic

examinations and advice, and home visits as medically indicated. Emergency medical treatment is

provided to U.S. citizen contractor employees and dependents, whether or not they may have been

granted access to routine health room services, on the same basis as it would be to any U.S. citizen

in an emergency medical situation in the country.

4. Workweek and Compensation (Pay Comparability Adjustments) (JUL 2007)

(a) Workweek. The contractor's workweek shall not be less than 40 hours, unless otherwise provided

in the Contract Schedule, and shall coincide with the workweek for those employee of the Mission or

the Cooperating Country agency most closely associated with the work of this contract. If the

contract is for less than full time (40 hours weekly), the annual and sick leave earned shall be

prorated (see the General Provision of this contract entitled Leave and Holidays).

(b) Compensation (Pay Comparability) Adjustments. The PSC's compensation shall be adjusted to

reflect the pay comparability adjustments, which are granted from time to time to U.S. direct-hire

employees by Executive Order for the statutory pay systems (usually in January). Any adjustments

authorized are subject to the availability of funds and shall not exceed that percentage stated in the

Executive Order granting the adjustment. Further, the adjusted compensation may not exceed the

annual “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate

for agencies without a certified SES performance appraisal system (or the equivalent hourly rate).

5. Leave and Holidays

[Insert the following clause in all USPSC contracts.]

Leave and Holidays (NOV 2020)

(a) Annual Leave.

(1) The contractor may accrue annual leave at the rate specified in paragraph (a)(2) of this clause as

follows:

(i) If the contract period of performance is ninety (90) calendar days or more, and the contractor's

performance is continuous for the contract period of performance, the contractor is entitled to
accrue annual leave as of the start date of the contract.

(ii) If the contract period of performance is ninety (90) calendar days or more, and the contractor's

performance is not continuous during the contract period of performance, the contractor is entitled

to accrue annual leave only for each instance of continuous performance of ninety (90) calendar days

or more.

(iii) If the contract period of performance is less than ninety (90) calendar days, the contractor is not

entitled to accrue annual leave.

(2) The rate at which the contractor will accrue annual leave is based on the contractor's time in

service according to the table of this paragraph (a)(2). The accrual rates are based on a full-time, 40-

hour workweek, which will be prorated if the contract provides for a shorter workweek:

Time in service Annual leave (AL) accrual rate

0 to 3 years 4 hours of leave for each 2-week period.

over 3, and up to 15 years 6 hours of AL for each 2-week period (including 10 hours AL for

the final pay period of a calendar year).

over 15 years 8 hours of AL for each 2-week period.

(i) USAID will calculate the time in service based on all the previous service performed by the

contractor as—:

(A) An individual personal services contractor with USAID for any duration covered by Sec. 636(a)(3)

of the FAA or other statutory authority applicable to USAID; and/or

(B) A former U.S. Government (USG) direct-hire civilian employee; and/or

(C) An honorable active duty member of the uniformed services based on the definition in 5 U.S.C.

2101(3).

(ii) In addition to the information certified by the contractor in their Offeror Information form, the

contracting officer may require the contractor to furnish copies of previously executed contracts,

and/or other evidence of previous service (e.g., SF 50, DD Form 214 or 215) to conduct the due

diligence necessary to verify creditable previous service.

(3) Annual Leave is provided under this contract primarily for the purposes of providing the

contractor necessary rest and recreation during the period of performance. The contractor, in

consultation with the Supervisor, must develop an annual leave schedule early in the period of

performance, taking into consideration the requirements of the position, the contractor's preference,

and other factors. The maximum amount of annual leave that the contractor can carry over from one

leave year to the next is limited to 240 hours. The contractor's unused annual leave balance in

excess of the 240 hour maximum at the end of the last pay period of each leave year will be forfeited,

unless the requirements of the position precluded the contractor from taking such leave. The

contractor may be authorized to restore annual leave for exceptional circumstances beyond the

control of the contractor. The restoration of annual leave may be approved only by the USAID
Administrator, cognizant Assistant Administrator or Head of an Independent Office reporting

directly to the USAID Administrator, and cannot be delegated further. Annual leave restored must

be scheduled and used no later than the earlier of either—

(i) The end of the leave year two years after the date fixed by the approving official as the

termination date of the exceptional circumstances beyond the contractor's control, which resulted in

the forfeiture; or

(ii) The end of the contract.

(4) The contractor must use all accrued annual leave during the period of performance. At the end of

the contract, the contractor will forfeit any unused annual leave except where the requirements of

the position precluded the contractor from taking annual leave. In this case, the contracting officer

may authorize the following:

(i) The contractor to take annual leave during the concluding weeks of the contract, not to exceed

the period of performance; or

(ii) Payment of a lump-sum for annual leave not taken based on a signed, written determination and

findings (D&F) from the contractor's supervisor. The D&F must set out the facts and circumstances

that prevented the contractor from taking annual leave, and the contracting officer must find that

the contractor did not cause, or have the ability to control, such facts and circumstances. This lumpsum payment must not exceed the number of days the contractor could have accrued during a

twelve (12)-month period based on the contractor's accrual rate.

(5) The contractor may be granted advanced annual leave by the contracting officer when

circumstances warrant. Advanced leave must be approved by the Mission Director, cognizant

Assistant Administrator, or Head of an Independent Office reporting directly to the Administrator, as

appropriate. In no case may the contracting officer grant advanced annual leave in excess of the

amount the contractor can accrue in a twelve (12)-month period or over the life of the contract,

whichever is less. At the end of the period of performance or at termination, the contractor must

reimburse USAID for any outstanding balance of advanced annual leave provided to the contractor

under the contract.

(b) Sick Leave. The contractor may use sick leave on the same basis and for the same purposes as

USAID direct-hire employees. The contractor will accrue sick leave at a rate not to exceed four (4)

hours every two (2) weeks for a maximum of thirteen (13) work-days per year based on a full-time,

40-hour workweek, and the rate of accrual will be prorated if the contract provides for a shorter

workweek. The contractor may carry over unused sick leave from year to year under the same

contract, and to a new follow-on contract for the same work at the same place of performance. The

contractor is not authorized to carry over sick leave to a new contract for a different position or at a

different location. The contractor will not be compensated for unused sick leave at the completion of

this contract.

(c) Home Leave.

(1) The contractor may be granted home leave to be taken only in the U.S., its commonwealth,

possessions, or territories, in one continuous period, under the following conditions:

(i) The contractor must complete twenty-four (24) continuous months of service abroad under this

contract, and must not have taken more than thirty (30) workdays leave (annual, sick, or LWOP) in

the U.S., its commonwealths, possessions, or territories. The required service abroad will include the

actual days in orientation in the U.S. (excluding any language training), travel time by the most
direct route, and actual days abroad beginning on the date of arrival in the cooperating country. Any

annual and sick leave taken abroad, excluding leave without pay (LWOP), will count toward the

period of service abroad. Any days of annual and sick leave taken in the U.S., its commonwealths,

possessions, or territories will not be counted toward the required twenty-four (24) months of

service abroad.

(ii) The contractor must agree to return immediately after completing home leave to continue

performance for an additional—

(A) Two (2) years, or

(B) Not less than one

(1) year, if approved in writing by the Mission Director before the contractor departs on home leave.

(iii) If the contractor agrees to meet the conditions in paragraph (c)(1)(ii) of this clause above by

returning to the same USAID Mission under this contract or a new contract, the contractor may be

granted thirty (30) workdays of home leave.

(iv) If the contractor agrees to meet the continued performance conditions of paragraph (c)(1)(ii) of

this clause and will be relocating to a different USAID Mission under a new USAID personal services

contract immediately following the completion of home leave, the contractor may be granted twenty

(20) workdays of home leave. USAID will provide the contractor these twenty days of home leave

under this contract, not under the new contract.

(v) If home leave eligibility is based on paragraph (c)(1)(iv) of this clause, prior to departure on home

leave, the contractor must submit to the contracting officer at the current Mission, a copy of the new

contract with a special award condition in the contract Schedule indicating the contractor's

obligation to fulfill the commitment for continued performance in accordance with paragraph

(c)(1)(ii) of this clause.

(2) Notwithstanding the requirements in paragraph (c)(1) of this clause, the contractor may be

granted advanced home leave subject to all of the following conditions:

(i) Granting of advanced home leave would serve in each case to advance the attainment of the

objectives of this contract; and

(ii) The contractor has served at least eighteen (18) months abroad, as defined in paragraph (c)(4) of

this clause, at the same USAID Mission under this contract, and has not taken more than 30 work

days leave (annual, sick or LWOP) in the U.S.; and

(iii) The contractor agrees to return immediately to the same Mission to complete the time

remaining to meet the twenty-four (24) month period of service required for home leave, which

begins after the contractor returns from home leave, plus an additional—

(A) Two (2) years, or

(B) Not less than one

(1) year, if approved by the Mission Director, under the current contract, or under a new contract

for the same or similar services at the same Mission, before the contractor departs on home leave.

(3)
(i) Home leave must be taken only in the U.S., its commonwealths, possessions, or territories. Any

days spent in any other location will be charged to annual leave, or if the contractor does not have

accrued annual leave to cover these days, the contractor will be placed on LWOP.

(ii) Travel time by the most direct route is authorized in addition to the home leave authorized under

this “Leave and Holidays” clause. Salary during travel to and from the U.S. for home leave will be

limited to the time required for travel by the most direct and expeditious route. Additional home

leave travel requirements are included in the “Travel and Transportation Expenses” clause of this

contract.

(iii) Except for reasons beyond the contractor's control as determined by the contracting officer, the

contractor must return abroad immediately after home leave to fulfill the additional required

continued performance of services for any home leave provided under this contract, or else the

contractor must reimburse USAID for the salary and benefits costs of home leave, travel and

transportation, and any other payments related to home leave.

(iv) Unused home leave is not reimbursable under this contract.

(4) The contracting officer may authorize the contractor to spend no more than five (5) days in work

status for consultation at USAID/Washington while on home leave in the U.S., before returning

abroad. Consultation in excess of five (5) days or at locations other than USAID/Washington must be

approved in advance by the Mission Director or the contracting officer.

(d) Home Leave for Qualifying Posts.

(1) If the contractor ordinarily qualifies for home leave and has completed a 12-month period at one

of the USAID qualifying Missions, as announced by the Department of State or USAID, the

contractor is entitled to ten (10) workdays of home leave in addition to the home leave the

contractor is normally entitled to in accordance with paragraph (c) of this “Leave and Holidays”

clause.

(2) There is no requirement that an eligible contractor take this additional home leave for qualifying

Missions; it is for use at the contractor's option. If the contractor is eligible and elects to take such

home leave, the contractor must take all ten (10) workdays at one time in the U.S. under the

conditions described in paragraphs (c)(3) and (c)(4) of this clause. If the contractor is returning to

the U.S. and not returning abroad to the same or different USAID Mission, the contractor is not

eligible for home leave for qualifying Missions, and this paragraph (d) will not apply.

(e) Holidays and Administrative Leave. The contractor is entitled to all holidays and administrative

leave granted by USAID to U.S. direct-hire employees as announced by the Agency or Mission.

(f) Military Leave. Military leave of not more than fifteen (15) calendar days in any calendar year

may be granted to the contractor who is a reservist of the U.S. Armed Forces, provided that the

military leave has been approved, in advance, by the contracting officer or the Mission Director. A

copy of the contractor's official orders and the contracting officer or Mission Director approval will

be part of the contract file.

(g) Leave Without Pay (LWOP). The contractor may be granted LWOP only with the written approval

of the contracting officer or Mission Director, unless a such leave is requested for family and

medical leave purposes under paragraph (i) of this clause.

(h) Compensatory Time. USAID may grant compensatory time off only with the written approval of

the contracting officer or Mission Director in rare instances when it has been determined absolutely
essential and under the policies that apply to USAID U.S. direct-hire employees. The contractor may

use earned compensatory time off in accordance with policies that apply to USAID direct-hire

employees

(i) Family and Medical Leave. (1) USAID provides family and medical leave for eligible USPSCs

working within the U.S., or any territories or possession of the U.S., in accordance with Title I of the

Family and Medical Leave Act of 1993, as amended (FMLA), and as administered by the Department

of Labor under 29 CFR 825. USAID also provides family and medical leave to eligible USPSCs

working outside the U.S., or any territories or possession of the U.S., in accordance with this

paragraph

(i) outside the provisions of Title I of the FMLA as a matter of policy discretion.

(2) Family and medical leave only applies to USPSCs, not any other type of PSC.

(3) In accordance with 29 CFR 825.110, to be eligible for family and medical leave, the contractor

must have performed services for —

(i) At least twelve (12) months with USAID; and

(ii) At least 1,250 hours with USAID during the previous 12-month period.

(4) In accordance with 29 CFR 825.200(a), and USAID's internal policies available in Automated

Directive System Chapter 309 (ADS 309), an eligible contractor may take up to twelve (12)

workweeks of leave under FMLA, Title I, in any 12-month period for the reasons specified in 29 CFR

825.112.

(5) In accordance with 29 CFR 825.207, the contractor may take LWOP for family and medical leave

purposes. However, the contractor may choose to substitute LWOP with accrued annual or sick

leave earned under the terms of this contract. If the contractor does not choose to substitute

accrued paid leave, the contracting officer, in consultation with the contractor's supervisor, may

require the contractor to substitute accrued paid leave for LWOP. The CO must obtain the required

certifications for approval of family medical leave in accordance with USAID policy. The contractor

must notify the contractor's Supervisor of the intent to substitute paid leave for LWOP prior to the

date such paid leave commences. After having invoked the entitlement to family and medical leave

and taking LWOP for that purpose, the contractor cannot retroactively substitute paid leave for the

LWOP already taken under family and medical leave.

(6) Family medical leave is not authorized for any period beyond the completion date of this

contract.

(7) When requesting family medical leave, the contractor must submit the relevant leave request in

writing, including certifications and other supporting documents required by 29 CFR 825 and USAID

policy in ADS 309.

(8) The U.S. Department of Labor's (DOL's) Wage and Hour Division (WHD) Publication 1420

explains the FMLA's provisions and provides information concerning procedures for filing

complaints for violations of the Act.

(j) Leave Records. The contractor must maintain their current leave records and make them

available as requested by the Mission Director or the contracting officer.
6. Differentials and Allowances (NOV 2020)

(a) The following differential and allowances will be granted to the contractor and his/her authorized

dependents to the same extent and on the same basis as they are granted to U.S. citizen direct-hire

employees at the Mission by the Standardized Regulations (Government Civilians, Foreign Areas), as

from time to time amended, except as noted to the contrary below:

Applicable Reference to Standardized Regulations

(1) Post Differential Chapter 500 and Tables in Chapter 900.

(2) Living Quarters Allowance Section 130.

(3) Temporary Lodging Allowance Section 120.

(4) Post Allowance Section 220.

(5) Supplemental Post Allowance Section 230.

(6) Payments During Evacuation Section 600.

(7) Education Allowance Section 270.

(8) Separate Maintenance Allowance Section 260.

(9) Danger Pay Allowance Section 650.

(10) Education Travel Section 280.

(1) Post differential. Post differential is an additional compensation for service at places in foreign

areas where conditions of environment differ substantially from conditions of environment in the

continental United States and warrant additional compensation as a recruitment and retention

incentive. In areas where post differential is paid to USAID direct-hire employees, post differential

not to exceed the percentage of salary as is provided such USAID employees in accordance with the

Standardized Regulations (Government Civilians, Foreign Areas) Chapter 500 (except the limitation

contained in Section 552, “Ceiling on Payment”) Tables—Chapter 900, as from time to time

amended, will be reimbursable hereunder for employees in respect to amounts earned during the

time such employees actually spend overseas on work under this contract. When such post

differential is provided to the contractor, it shall be payable beginning on the date of arrival at the

post of assignment and continue, including periods away from post on official business, until the

close of business on the day of departure from post of assignment enroute to the United States. Sick

or annual leave taken at or away from the post of assignment will not interrupt the continuity of the

assignment or require a discontinuance of such post differential payments, provided such leave is

not taken within the United States or the territories of the United States. Post differential will not be

payable while the employee is away from his/her post of assignment for purposes of home leave.

Short-term employees shall be entitled to pose differential beginning with the forty-third (43rd) day
at post.

(2) Living quarters allowance. Living quarters allowance is an allowance granted to reimburse an

employee for substantially all of his/her cost for either temporary or residence quarters whenever

Government-owned or Government-rented quarters are not provided to him/her at his/her post

without charge. Such costs are those incurred for temporary lodging (temporary lodging allowance)

or one unit of residence quarters (living quarters allowance) and include rent, plus any costs not

included therein for heat, light, fuel, gas, electricity and water. The temporary lodging allowance

and the living quarters allowance are never both payable to an employee for the same period of

time. The contractor will receive living quarters allowance for payment of rent and utilities if such

facilities are not supplied. Such allowance shall not exceed the amount paid USAID employees of

equivalent rank in the Cooperating Country, in accordance with either the Standardized Regulations

(Government Civilians, Foreign Areas), Chapter 130, as from time to time amended, or other rates

approved by the Mission Director. Subject to the written approval of the Mission Director, shortterm employees may be paid per diem (in lieu of living quarters allowance) at rates prescribed by

the Federal Travel Regulations, as from time to time amended, during the time such short-term

employees spend at posts of duty in the Cooperating Country under this contract. In authorizing

such per diem rates, the Mission Director shall consider the particular circumstances involved with

respect to each such short-term employee including the extent to which meals and/or lodging may be

made available without charge or at nominal cost by an agency of the United States Government or

of the Cooperating Government, and similar factors.

(3) Temporary lodging allowance. Temporary lodging allowance is a quarters allowance granted to

an employee for the reasonable cost of temporary quarters incurred by the employee and his/her

family for a period not in excess of

(i) three months after first arrival at a new post in a foreign area or a period ending with the

occupation of residence (permanent) quarters, if earlier, and (ii) one month immediately preceding

final departure from the post subsequent to the necessary vacating of residence quarters. The

contractor will receive temporary lodging allowance for himself/herself and authorized dependents,

in lieu of living quarters allowance, not to exceed the amount set forth in the Standardized

Regulations (Government Civilians, Foreign Areas), Chapter 120, as from time to time amended.

(4) Post allowance. Post allowance is a cost-of-living allowance granted to an employee officially

stationed at a post where the cost of living, exclusive of quarters cost, is substantially higher than in

Washington, DC. The contractor will receive post allowance payments not to exceed those paid

USAID employees in the Cooperating Country, in accordance with the Standardized Regulations

(Government Civilians, Foreign Areas), Chapter 220, as from time to time amended.

(5) Supplemental post allowance. Supplemental post allowance is a form of post allowance granted

to an employee at his/her post when it is determined that assistance is necessary to defray

extraordinary subsistence costs. The contractor will receive supplemental post allowance payments

not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign

Areas), Chapter 230, as from time to time amended.

(6) Payments during evacuation. The Standardized Regulations (Government Civilians, Foreign

Areas) provide the authority for efficient, orderly, and equitable procedure for the payment of

compensation, post differential and allowances in the event of an emergency evacuation of

employees or their dependents, or both, from duty stations for military or other reasons or because

of imminent danger to their lives. If evacuation has been authorized by the Mission Director, the

contractor will receive payments during evacuation for himself/herself and authorized dependents

evacuated from their post of assignment in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 600, and the Federal Travel Regulations, as from

time to time amended.

(7) Educational allowance. Educational allowance is an allowance to assist the contractor in meeting

the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of

his/her service in a foreign area in providing adequate elementary and secondary education for

his/her children. The contractor will receive educational allowance payments for his/her dependent

children in amounts not to exceed those set forth in Standardized Regulations (Government

Civilians, Foreign Areas), Chapter 270, as from time to time amended.

(8) Separate maintenance allowance. Separate maintenance allowance is an allowance to assist an

employee who is compelled by reason of dangerous, notably unhealthful, or excessively adverse

living conditions at his/her post of assignment in a foreign area, or for the convenience of the

Government, to meet the additional expense of maintaining his/her dependents elsewhere than at

such post. The contractor will receive separate maintenance allowance payments not to exceed that

made to USAID employees in accordance with the Standardized Regulations (Government Civilians,

Foreign Areas), Chapter 260, as from time to time amended.

(9) Danger pay allowance. Danger pay allowance is an allowance to provide additional compensation

above basic compensation to employees in foreign areas where civil insurrection, civil war, terrorism

or wartime conditions threaten physical harm or imminent danger to the health or well-being of the

employee. The danger pay allowance is in lieu of that part of the post differential which is

attributable to political violence. Consequently, the post differential may be reduced while danger

pay is in effect to avoid dual crediting for political violence. The contractor shall be allowed danger

pay allowance not to exceed that paid USAID employees in the Cooperating Country, in accordance

with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 650, as from time

to time amended.

(10) Educational travel. Educational travel is travel to and from a school in the United States for

secondary education (in lieu of an educational allowance) and for college education. The contractor

will receive educational travel payments for his/her dependent children provided such payment does

not exceed that which would be payable in accordance with the Standardized Regulations

(Government Civilians, Foreign Areas), Chapter 280, as from time to time amended. Educational

travel shall not be authorized for contractors whose assignment is less than two years.

(b) The allowances provided in paragraphs (a)

(1) through (10) of this provision shall be paid to the contractor in dollars or in the currency of the

Cooperating Country in accordance with practice prevailing at the Mission, or the Mission Director

may direct that the contractor be paid a per diem in lieu thereof as prescribed by the Standardized

Regulations (Government Civilians, Foreign Areas), as from time to time amended.

7. Social Security, Federal Income Tax, and Foreign Earned Income (June 1990)

(a) Since the contractor is an employee, F.I.C.A. contributions and U.S. Federal Income Tax

withholding shall be deducted in accordance with regulations and rulings of the Social Security

Administration and the U.S. Internal Revenue Service, respectively.

(b) As an employee, the contractor is not eligible for the “foreign earned income” exclusion under

the IRS Regulations (see 26 CFR 1.911–3(c)(3)).

8. Advance of Dollar Funds (APR 1997)
If requested by the contractor and authorized in writing by the Contracting Officer, USAID will

arrange for an advance of funds to defray the initial cost of travel, travel allowances, authorized

precontract expenses, and shipment of personal property. The advance shall be granted on the same

basis as to a USAID U.S.-citizen direct-hire employee in accordance with USAID Handbook 22,

Chapter 4 or superseding ADS Chapter.

9. Insurance (APR 1997)

(a) Worker's compensation benefits. The contractor shall be provided worker's compensation

benefits in accordance with the Federal Employees' Compensation Act.

(b) Health and life insurance.

(1) The contractor shall be provided a maximum contribution of up to 50% against the actual costs of

the contractor's annual health insurance costs, provided that such costs may not exceed the

maximum U.S. Government contribution for direct-hire personnel as announced annually by the

Office of Personnel Management.

(2) The contractor shall be provided a contribution of up to 50% against the actual costs of annual

life insurance not to exceed $500.00 per year.

(3) Retired U.S. Government employees shall not be paid additional contributions for health or life

insurance under their contracts. The Government will normally have already paid its contribution for

the retiree unless the employee can prove to the satisfaction of the Contracting Officer that his/her

health and life insurance does not provide or specifically excludes coverage overseas. In such case,

the contractor would be eligible for contributions under paragraphs (b) (1) or (2) as appropriate.

(4) Proof of health and life insurance coverage shall be submitted to the Contracting Officer before

any contribution is paid. On assignments of less than one year, costs for health and life insurance

shall be prorated and paid accordingly.

(5) A contractor who is a spouse of a current or retired Civil Service, Foreign Service, or Military

Service member and who is covered by their spouse's Government health or life insurance policy is

ineligible for the contribution under paragraphs (b)(1) or (b)(2) of this provision.

(c) Insurance on private automobiles. If the contractor or his/her dependents transport, or cause to

be transported, privately owned automobile(s) to the Cooperating Country, or any of them purchase

an automobile within the Cooperating Country, the contractor agrees to ensure that all such

automobile(s) during such ownership within the Cooperating Country will be covered by a current,

i.e., not in arrears, insurance policy issued by a reliable company providing the following minimum

coverage, or such other minimum coverage as may be set by the Mission Director, payable in U.S.

dollars or its equivalent in the currency of the Cooperating Country: injury to persons,

$10,000/$20,000; property damage, $5,000. The contractor further agrees to deliver, or cause to be

delivered to the Mission Director, the insurance policies required by this clause or satisfactory proof

of the existence thereof, before such automobile(s) operated within the Cooperating Country. The

premium costs for such insurance shall not be a reimbursable cost under this contract.

10. Travel and Transportation Expenses (July 1993)

(a) General.

(1) USAID/Washington Office of Administrative Services, or such other office as may be designated

by that office, may furnish Transportation Requests (TR's) to the contractor for transportation
authorized by this contract originating in the United States, and the executive or administrative

officer at the Mission may furnish TR's for such authorized transportation which is payable in local

currency or is to originate overseas. When transportation is not provided by the Government-issued

TR, the contractor shall procure his/her own transportation, the costs of which will be reimbursed in

accordance with the terms of this contract.

(2) The contractor will be reimbursed for reasonable, allocable and allowable travel and

transportation expenses incurred under and for the performance of this contract. Determination of

reasonableness, allocability and allowability will be made by the Contracting Officer in accordance

with USAID's established policies and procedures for USAID direct-hire employees, and the

particular needs of the activity being implemented by this contract. The following paragraphs

provide specific guidance and limitations on particular items of cost.

(b) U.S. travel and transportation. The contractor shall be reimbursed for actual transportation costs

and travel allowances in the United States as authorized in the Contract Schedule or approved in

advance by the Contracting Officer or the Mission Director. Transportation costs and travel

allowances shall not be reimbursed in any amount greater than the cost of, and time required for,

economy-class commercially scheduled air travel by the most expeditious route except as otherwise

provided in paragraph (g) of this provision unless economy air travel is not available and the

contractor certifies to this in his/her voucher or other documents submitted for reimbursement.

(c) International travel. For travel to and from post of assignment, the contractor shall be

reimbursed for travel costs and travel allowances from place of residence in the United States (or

other location provided that the cost of such travel does not exceed the cost of the travel from the

contractor's residence in the United States) to the post of duty in the Cooperating Country and

return to place of residence in the United States (or other location provided that the cost of such

travel does not exceed the cost of travel from the post of duty in the Cooperating Country to the

contractor's residence) upon completion of services by the individual. Reimbursement for travel will

be in accordance with USAID's established policies and procedures for its direct-hire employees and

the provisions of this contract, and will be limited to the cost of travel by the most direct and

expeditious route. If the contract is for longer than one year and the contractor does not complete

one full year at post of duty (except for reasons beyond his/her control), the costs of going to and

from the post of duty for the contractor and his/her dependents are not reimbursable hereunder. If

the contractor serves more than one year but less than the required service in the Cooperating

Country (except for reasons beyond his/her control) the costs of going to the post of duty are

reimbursable hereunder but the costs of going from post of duty to the contractor's permanent, legal

place of residence at the time he or she was employed for work under this contract, or other location

as approved by the Contracting Officer, are not reimbursable under this contract for the contractor

and his/her dependents. When travel is by economy class accommodations, the contractor will be

reimbursed for the cost of transporting up to 10 kilograms/22 pounds of accompanied personal

baggage per traveler in addition to that regularly allowed with the economy ticket provided that the

total number of pounds of baggage does not exceed that regularly allowed for first class travelers.

Travel allowances for travelers shall not be in excess of the rates authorized in the Standardized

Regulations (Government Civilians, Foreign Areas)-hereinafter referred to as the Standardized

Regulations—as from time to time amended, for not more than the travel time required by scheduled

commercial air carrier using the most expeditious route. One stopover enroute for a period of not to

exceed 24 hours is allowable when the traveler uses economy class accommodations for a trip of 14

hours or more of scheduled duration. Such stopover shall not be authorized when travel is by

indirect route or is delayed for the convenience of the traveler. Per diem during such stopover shall

be paid in accordance with the Federal Travel Regulations as from time to time amended.

(d) Local travel. Reimbursement for local travel in connection with duties directly referable to the
contract shall not be in excess of the rates established by the Mission Director for the travel costs of

travelers in the Cooperating Country. In the absence of such established rates the contractor shall

be reimbursed for actual travel costs in the Cooperating Country or the Mission, including travel

allowances at rates not in excess of those prescribed by the Standardized Regulations.

(e) Indirect travel for personal convenience. When travel is performed by an indirect route for the

personal convenience of the traveler, the allowable costs of such travel will be computed on the

basis of the cost of allowable air fare via the direct usually traveled route. If such costs include fares

for air or ocean travel by foreign flag carriers, approval for indirect travel by such foreign flag

carriers must be obtained from the Contracting Officer or the Mission Director before such travel is

undertaken, otherwise only that portion of travel accomplished by the United States-flag carriers

will be reimbursable within the above limitation of allowable costs.

(f) Limitation on travel by dependents. Travel costs and allowances will be allowed for authorized

dependents of the contractor and such costs shall be reimbursed for travel from place of abode to

assigned station in the Cooperating Country and returned, only if the dependent remains in the

Cooperating Country for at least 9 months or one-half of the required tour of duty of the contractor,

whichever is greater, except as otherwise authorized hereunder for education, medical or

emergency visitation travel. If the dependent is eligible for educational travel pursuant to the

“Differential and Allowances” clause of this contract, time spent away from post resulting from

educational travel will be counted as time at post.

(g) Delays enroute. The contractor may be granted reasonable delays enroute while in travel status

when such delays are caused by events beyond the control of the contractor and are not due to

circuitous routine. It is understood that if delay is caused by physical incapacitation, he/she shall be

eligible for such sick leave as provided under the “Leave and Holidays” clause of this contract.

(h) Travel by Privately Owned Automobile (POV). If travel by POV is authorized in the contract

schedule or approved by the Contracting Officer, the contractor shall be reimbursed for the cost of

travel performed in his/her POV at a rate not to exceed that authorized in the Federal Travel

Regulations plus authorized per diem for the employee and for each of the authorized dependents

traveling in the POV, if the POV is being driven to or from the Cooperating Country as authorized

under the contract, provided that the total cost of the mileage and the per diem paid to all

authorized travelers shall not exceed the total constructive cost of fare and normal per diem by all

authorized travelers by surface common carrier or authorized air fare, whichever is less.

(i) Emergency and Irregular Travel and Transportation. Emergency transportation costs and travel

allowances while enroute, as provided in this section, will be reimbursed not to exceed amounts

authorized by the Foreign Service Travel Regulations for USAID-direct hire employees in like

circumstances under the following conditions:

(1) The costs of going from post of duty in the Cooperating Country to the employee's permanent,

legal place of residence at the time he or she was employed for work under this contract or other

location for contractor employees and dependents and returning to the post of duty, subject to the

prior written approval of the Mission Director that such travel is necessary for one of the following

reasons.

(i) Need for medical care beyond that available within the area to which the employee is assigned, or

serious effect on physical or mental health if residence is continued at assigned post of duty. The

Mission Director may authorize a medical attendant to accompany the employee at contract expense

if, based on medical opinion, such an attendant is necessary.
(ii) Death, or serious illness or injury of a member of the immediate family of the employee or the

immediate family of the employee's spouse.

(2) When, for any reason, the Mission Director determines it is necessary to evacuate the contractor

or contractor's dependents, the contractor will be reimbursed for travel and transportation expenses

and travel allowance while enroute, for the cost of the individuals going from post of duty in the

Cooperating Country to the employee's permanent, legal place of residence at the time he or she

was employed for work under this contract or other approved location. The return of such employees

and dependents may also be authorized by the Mission Director when, in his/her discretion, he/she

determines it is prudent to do so.

(3) The Mission Director may also authorize emergency or irregular travel and transportation in

other situations, when in his/her opinion, the circumstances warrant such action. The authorization

shall include the kind of leave to be used and appropriate restrictions as to time away from post,

transportation of personal and household effects, etc.

(j) Home Leave Travel. To the extend that home leave has been authorized as provided in the “Leave

and Holidays” clause of this contract, the cost of travel for home leave is reimbursable for travel

costs and travel allowances of travelers from the post of duty in the Cooperating Country to place of

residence in the United States (or other location provided that the cost of such travel does not

exceed the cost of travel to the contractor's residence in the United States) and return to the post of

duty in the Cooperating Country. Reimbursement for travel will be in accordance with the Uniform

State/USAID/USIA Foreign Service Travel Regulations, as from time to time amended, and will be

limited to the cost of travel by the most direct and expeditious route. Travel allowances for travelers

shall be in accordance with the rates authorized in the Standardized Regulations as from time to

time amended, for not more than the travel time required by scheduled commercial air carrier using

the most expeditious route using economy class. One stopover enroute for a period of not to exceed

24 hours is allowable when the traveler uses economy class accommodations for a trip of 14 hours or

more of scheduled duration. Such stopover shall not be authorized when travel is by indirect route

or is delayed for the convenience of the traveler or the traveler uses other than economy class. Per

diem during such stopover shall be paid in accordance with the Standardized Regulations.

(k) Rest and Recuperations Travel. If approved in writing by the Mission Director, the contractor and

his/her dependents shall be allowed rest and recuperation travel on the same basis as authorized

USAID direct-hire Mission employees and their dependents.

(l) Transportation of Motor Vehicles, Personal Effects and Household Goods.

(1) Transportation costs will be paid on the same basis as for USAID direct-hire employees serving

the same length tour of duty, as authorized in the schedule. Transportation, including packing and

crating costs, will be paid for shipping from the point of origin in the United States (or other location

as approved by the Contracting Officer) to post of duty in the Cooperating Country and return to

point of origin in the United States (or other location as approved by the Contracting Officer) of one

privately-owned vehicle for the contractor, personal effects of the contractor and authorized

dependents, and household goods of the contractor not to exceed the limitations in effect for such

shipments for USAID direct-hire employees in accordance with the Foreign Service Travel

Regulations in effect at the time shipment is made. These limitations may be obtained from the

Contracting Officer.

(2) The cost of transporting motor vehicles and household goods shall not exceed the cost of

packing, crating, and transportation by surface common carrier. In the event that the carrier does

not require boxing or crating of motor vehicles for shipment to the Cooperating Country, the cost of
boxing or crating is not reimbursable. The transportation of a privately owned motor vehicle for a

contractor may be authorized as a replacement of the last such motor vehicle shipped under this

contract for such contractor when the Mission Director determines, in advance, and so notifies the

contractor in writing, that the replacement is necessary for reasons not due to the negligence or

malfeasance of the contractor. The determination shall be made under the same rules and

regulations that apply to authorized Mission U.S. citizen direct-hire employees.

(m) Unaccompanied Baggage. Unaccompanied baggage is considered to be those personal

belongings needed by the traveler immediately upon arrival of the contractor and dependents, and

consideration should be given to advance shipments of unaccompanied baggage. The contractor will

be reimbursed for costs of shipment of unaccompanied baggage (in addition to the weight allowance

for household effects) not to exceed the limitations in effect for USAID direct-hire employees in

accordance with the Foreign Service Travel Regulations as in effect when shipment is made. These

limitations are available from the Contracting Officer. This unaccompanied baggage may be shipped

as air freight by the most direct route between authorized points of origin and destination regardless

of the modes of travel used. This provision is applicable to home leave travel when authorized by the

terms of this contract.

(n) International Ocean Transportation—(1)(i) Transportation of things. Where U.S. flag vessels are

not available, or their use would result in a significant delay, the contractor may obtain a release

from the requirement to use U.S. flag vessels from the Transportation Division, Office of Acquisition

and Assistance, U.S. Agency for International Development, Washington, D.C. 20523–1419, or the

Mission Director, as appropriate, giving the basis for the request.

(ii) Transportation of persons. Where U.S. flag vessels are not available, or their use would result in

a significant delay, the contractor may obtain a release from the requirement to use U.S. flag vessels

from the Contracting Officer or the Mission Director, as appropriate.

(2) Transportation of foreign-made vehicles. Reimbursement of the costs of transporting a foreignmade motor vehicle will be made in accordance with the provisions of the Foreign Service Travel

Regulations.

(3) Reduced rates on U.S.-flag carriers are in effect for shipments of household goods and personal

effects of USAID contractors between certain locations. These reduced rates are available provided

the shipper furnishes to the carrier at the time of the issuance of the Bill of Lading documentary

evidence that the shipment is for the account of USAID. The Contracting Officer will, on request,

furnish to the contractor current information concerning the availability of a reduced rate with

respect to any proposed shipment. The contractor will not be reimbursed for shipments of household

goods or personal effects in amounts in excess of the reduced rates which are available in

accordance with the foregoing.

(o) Storage of household effects. The cost of storage charges (including packing, crating, and

drayage costs) in the U.S. of household goods of the contractor will be permitted in lieu of

transportation of all or any part of such goods to the Cooperating Country under paragraph (l) above

provided that the total amount of effects shipped to the Cooperating Country or stored in the U.S.

shall not exceed the amount authorized for USAID direct-hire employees under the Uniform Foreign

Service Travel Regulations. These amounts are available from the Contracting Officer.

11. Payment (AUG 1996)

(a) Once each month, or at more frequent intervals, if approved by the paying office indicated on the

Cover Page, the contractor may submit to such office form SF 1034 “Public Voucher for Purchases
and Services Other Than Personal” (original) and SF 1034–A (three copies), or whatever other form

is locally required or accepted. Each voucher shall be identified by the USAID contract number and

properly executed in the amount of dollars claimed during the period covered. The voucher forms

shall be supported by:

(1) The contractor's detailed invoice, in original and two copies, indicating for each amount claimed

the paragraph of the contract under which payment is to be made, supported when applicable as

follows:

(i) For compensation—a statement showing period covered, days worked, and days when contractor

was in authorized travel, leave, or stopover status for which compensation is claimed. All claims for

compensation will be accompanied by, or will incorporate, a certification signed by the Project

Officer covering days or hours worked, or authorized travel or leave time for which compensation is

claimed.

(ii) For travel and transportation—a statement of itinerary with attached carrier's receipt and/or

passenger's coupons, as appropriate.

(iii) For reimbursable expenses—an itemized statement supported by original receipts.

(2) The first voucher submitted shall account for, and liquidate the unexpended balance of any funds

advanced to the contractor.

(b) A final voucher shall be submitted by the contractor promptly following completion of the duties

under this contract but in no event later than 120 days (or such longer period as the Contracting

Officer may in his/her discretion approve in writing) from the date of such completion. The

contractor's claim, which includes his/her final settlement of compensation, shall not be paid until

after the performance of the duties required under the terms of this contract has been approved by

USAID. On receipt and approval of the voucher designated by the contractor as the “final voucher”

submitted on Form SF 1034 (original) and SF 1034–A (three copies), together with a refund check

for the balance remaining on hand of any funds which may have been advanced to the contractor,

the Government shall pay any amounts due and owing the contractor.

(c) If approved by the paying office time and attendance may be submitted for PSCs in the same

manner as is approved for direct-hire personnel.

12. Conversion of U.S. Dollars to Local Currency (DEC 1985)

Upon arrival in the Cooperating Country, and from time to time as appropriate, the contractor shall

consult with the Mission Director or his/her authorized representative who shall provide, in writing,

the policy the contractor shall follow in the conversion of U.S. dollars to local currency. This may

include, but not be limited to the conversion of said currency through the cognizant U.S. Disbursing

Officer, or Mission Controller, as appropriate.

13. Post of Assignment Privileges (JUL 1993)

Privileges such as the use of APO, PX's, commissaries and officers clubs are established at posts

abroad under agreements between the U.S. and host governments. These facilities are intended for

and usually limited to members of the official U.S. establishment including the Embassy, USAID

Mission, U.S. Information Service and the Military. Normally, the agreements do not permit these

facilities to be made available to non-official Americans. However, in those cases where facilities are

open to non-official Americans, they may be used.
14. Security Requirements (June 1990)

(a) This entire provision shall apply to the extent that this contract involves access to classified

information (“Confidential”, “Secret”, or “Top Secret”) or access to administratively controlled

information (“Limited Official Use”). Contractors that are not U.S. citizens shall not have access to

classified or administratively controlled information.

(b) The contractor

(1) shall be responsible for safeguarding all classified or administratively controlled information in

accordance with appropriate instructions furnished by the USAID Office of Security (IG/SEC), as

referenced in paragraph (d) of this provision and shall not supply, disclose, or otherwise permit

access to classified information or administratively controlled information to any unauthorized

person; (2) shall not make or permit to be made any reproductions of classified information or

administratively controlled information except with the prior written authorization of the

Contracting Officer or Mission Director; (3) shall submit to the Contracting Officer, at such times as

the Contracting Officer may direct, an accounting of all reproductions of classified or

administratively controlled information; and (4) shall not incorporate in any other project any matter

which will disclose classified and/or administratively controlled information except with the prior

written authorization of the Contracting Officer.

(c) The contractor shall follow the procedures for classifying, marking, handling, transmitting,

disseminating, storing, and destroying official material in accordance with the regulations in the

Foreign Affairs Manual, Chapter 5 (5 FAM 900), a copy of which will be furnished by the Contracting

Officer or Mission Director.

(d) The contractor agrees to submit immediately to the Mission Director or Contracting Officer a

complete detailed report, appropriately classified, of any information which the contractor may have

concerning existing or threatened espionage, sabotage, or subversive activity.

(e) The Government agrees that, when necessary, it shall indicate by security classification or

administratively controlled designation, the degree of importance to the national defense of

information to be furnished by the contractor to the Government or by the Government to the

contractor, and the Government shall give written notice of such security classification or

administratively controlled designation to the contractor and of any subsequent changes thereof.

The contractor is authorized to rely on any letter or other written instrument signed by the

Contracting Officer changing a security classification or administratively controlled designation of

information.

(f) The contractor agrees to certify after completion of his/her assignment under this contract that

he/she has surrendered or disposed of all classified and/or administratively controlled information in

his/her custody in accordance with applicable security instructions.

15. Contractor-Mission Relationships (DEC 1985)

(a) The contractor acknowledges that this contract is an important part of the U.S. Foreign

Assistance Program and agrees that his/her duties will be carried out in such a manner as to be fully

commensurate with the responsibilities which this entails.

(b) While in the Cooperating Country, the contractor is expected to show respect for the

conventions, customs, and institutions of the Cooperating Country and not interfere in its political

affairs.
(c) If the contractor's conduct is not in accordance with paragraph (b) of this provision, the contract

may be terminated under General Provision 16 of this contract. The Contractor recognizes the right

of the U.S. Ambassador to direct his/her immediate removal from any country when, in the

discretion of the Ambassador, the interests of the United States so require.

(d) The Mission Director is the chief representative of USAID in the Cooperating Country. In this

capacity, he/she is responsible for the total USAID Program in the Cooperating Country including

certain administrative responsibilities set forth in this contract and for advising USAID regarding the

performance of the work under the contract and its effect on the U.S. Foreign Assistance Program.

The contractor will be responsible for performing his/her duties in accordance with the statement of

duties called for by the contract. However, he/she shall be under the general policy guidance of the

Mission Director, and shall keep the Mission Director or his/her designated representative currently

informed of the progress of the work under this contract.

16. Termination (NOV 2020)

(This is an approved deviation to be used in place of the clause specified in FAR 52.249–12.)

(a) The Government may terminate performance of work under this contract in whole or, from time

to time, in part:

(1) For cause, which may be effected immediately after establishing the facts warranting the

termination, by giving written notice and a statement of reasons to the contractor in the event

(i) the Contractor commits a breach or violation of any obligations herein contained, (ii) a fraud was

committed in obtaining this contract, or (iii) the contractor is guilty (as determined by USAID) of

misconduct in the Cooperating Country. Upon such a termination, the contractor's right to

compensation shall cease when the period specified in such notice expires or the last day on which

the contractor performs services hereunder, whichever is earlier. No costs of any kind incurred by

the contractor after the date such notice is delivered shall be reimbursed hereunder except the cost

of return transportation (not including travel allowances), if approved by the Contracting Officer. If

any costs relating to the period subsequent to such date have been paid by USAID, the contractor

shall promptly refund to USAID any such prepayment as directed by the Contracting Officer.

(2) For the convenience of USAID, by giving not less than 15 calendar days advance written notice to

the contractor. Upon such a termination, contractor's right to compensation shall cease when the

period specified in such notice expires except that the contractor shall be entitled to any unused

annual leave, return transportation costs and travel allowances and transportation of

unaccompanied baggage costs at the rate specified in the contract and subject to the limitations

which apply to authorized travel status.

(3) For the convenience of USAID, when the contractor is unable to complete performance of his/her

services under the contract by reason of sickness or physical or emotional incapacity based upon a

certification of such circumstances by a duly qualified doctor of medicine approved by the Mission.

The contract shall be deemed terminated upon delivery to the Contractor of a termination notice.

Upon such a termination, the contractor shall not be entitled to compensation except to the extent of

any unused annual or sick leave but shall be entitled to return transportation, travel allowances, and

unaccompanied baggage costs at rates specified in the contract and subject to the limitations which

apply to authorized travel status.

(b) The contractor, with the written consent of the Contracting Officer, may terminate this contract

upon at least 15 days' written notice to the Contracting Officer.
17. Release of Information (DEC 1985)

All rights in data and reports shall become the property of the U.S. Government. All information

gathered under this contract by the Contractor and all reports and recommendations hereunder

shall be treated as confidential by the Contractor and shall not, without the prior written approval of

the Contracting Officer, be made available to any person, party, or government, other than USAID,

except as otherwise expressly provided in this contract.

18. Notices (DEC 1985)

Any notice, given by any of the parties hereunder, shall be sufficient only if in writing and delivered

in person or sent by telegraph, telegram, registered, or regular mail as follows:

To USAID: Administrator, U.S. Agency for International Development, Washington, D.C.

20523–0001, Attention: Contracting Officer.

(name of the cognizant Contracting Officer with a copy to the appropriate Mission Director).

To Contractor:

At his/her post of duty while in the Cooperating Country and at the Contractor's address shown on

the Cover Page of this contract or to such other address as either of such parties shall designate by

notice given as herein required. Notices hereunder shall be effective in accordance with this clause

or on the effective date of the notice, whichever is later.

19. Reports (June 1987)

(a) The Contractor shall prepare and submit 2 copies of each technical report required by the

schedule of this contract to the Bureau for Program and Policy Coordination, Center for

Development Information and Evaluation, Development Information Division (PPC/CDIE/DI). All

documents should be mailed to:

PPC/CDIE/DI, Acquisitions, Room 209, SA–18, U.S. Agency for International Development,

Washington, D.C. 20523–1802.

The title page of all reports forwarded to PPC/CDIE/DI pursuant to this paragraph shall include a

descriptive title, the author's name(s), contract number, project number and title, contractor's name,

name of the USAID project office, and the publication or insurance date of the report.

(b) When preparing reports, the contractor shall refrain from using elaborate art work, multicolor

printing and expensive paper/binding, unless it is specifically authorized in the Contract Schedule.

Wherever possible, pages should be printed on both sides using single spaced type.

20. Use of Pouch Facilities (July 1993)

(a) Use of diplomatic pouch is controlled by the Department of State. The Department of State has

authorized the use of pouch facilities for USAID contractors and their employees as a general policy,

as detailed in paragraphs (a)

(1) through (a)(6) of this provision. However, the final decision regarding use of pouch facilities rests

with the Embassy or USAID Mission. In consideration of the use of pouch facilities as hereinafter

stated, the Contractor agrees to indemnify and hold harmless the Department of State and USAID

for loss or damage occurring in pouch transmission.
(1) Contractors are authorized use of the pouch for transmission and receipt of up to a maximum of

0.90 kilogram/2 pounds per shipment of correspondence and documents needed in the

administration of foreign assistance programs.

(2) U.S. citizen contractors are authorized use of the pouch for personal mail up to a maximum of

0.45 kilogram/one pound per shipment (but see (a)(3) below). Non-U.S. citizen Contractors are not

permitted use of the pouch for personal mail except to the extent that such use may be authorized by

the Chief of Mission.

(3) Merchandise, parcels, magazines, or newspapers are not considered to be personal mail for

purpose of this clause, and are not authorized to be sent or received by pouch.

(4) Official and personal mail under paragraphs (a) (1) and (2) of this provision, sent by pouch,

should be addressed as follows:

Individual's Name (C), U.S. Agency for International Development, Washington, D.C. 20523–0001.

(5) Mail sent via the diplomatic pouch may not be in violation of U.S. Postal laws and may not

contain material ineligible for pouch transmission.

(6) Use of military postal facilities (APO/FPO) is authorized to U.S. contractors on the same basis as

approved for direct-hire employees at the USAID Mission. Posts having access to APO/FPO facilities

and using such for diplomatic pouch dispatch, may, however, accept official and personal mail for

the pouch provided, of course, adequate postage is affixed when onward transmission (mail to other

than USAID/W) through U.S. postal channels is required.

(b) The contractor shall be responsible for compliance with these guidelines and limitations on use of

pouch facilities.

(c) Specific additional guidance on use of pouch facilities in accordance with this clause is available

from the Post Communication Center at the Embassy or USAID Mission.

21. Biographical Data (June 1990)

(a) The contractor agrees to furnish biographical information to the Contracting Officer on forms (SF

171 and 171As) provided for that purpose.

(b) Emergency locator information. The contractor agrees to provide the following information to the

Mission Administrative Officer on arrival in the host country regarding himself/herself and

dependents:

(1) Contractor's full name, home address, and telephone number including any after-hours

emergency number(s).

(2) The name and number of the contract, and whether the individual is the contractor or the

contractor's dependent.

(3) The name, address, and home and office telephone number(s) of each individual's next of kin.

(4) Any special instructions pertaining to emergency situations such as power of attorney designees

or alternate contact persons.

22. U.S. Resident Hire Personal Services Contractor (June 1990)
A contractor meeting the definition of a U.S. Resident Hire PSC contained in Section 12, General

Provisions, Clause 1, Definitions, shall be subject to U.S. Federal Income Tax, but shall not be

eligible for any fringe benefits (except contributions for FICA, health insurance and life insurance),

allowances, or differentials, including but not limited to travel and transportation, medical,

orientation, home leave, etc., unless such individual can demonstrate to the satisfaction of the

Contracting Officer that he/she has received similar benefits/allowances from their immediately

previous employer in the Cooperating Country, or the Mission Director determines that payment of

such benefits would be consistent with the Mission's policy and practice and would be in the best

interest of the U.S. Government.

23. Orientation and Language Training (July 1993)

(a) Except as set forth in paragraph (b)(4) below, the Contractor shall receive a maximum of 2 weeks

USAID orientation before travel overseas. The dates of orientation shall be selected by the

Contractor and approved by the Contracting Officer from the orientation schedule provided by

USAID.

(b) As either set forth in the Contract Schedule, or provided in writing by the Contracting Officer,

the following may be authorized taking into consideration specific job requirements, contractor's

prior overseas experience, or unusual circumstances, in connection with orientation of individual

Contractors:

(1) Modified orientation,

(2) Language training,

(3) Orientation for Contractor's dependents at contract expense.

(4) Waiver of orientation for individual contractor.

(c) Transportation costs and travel allowances not to exceed one round trip from the Contractor's

residence to place of orientation and return will be reimbursed, pursuant to Clause 10 of the General

Provisions, entitled “Travel and Transportation Expenses,” if the orientation is more than 80

kilometers/50 miles from the contractor's residence.

Allowable salary costs during the period of orientation are also reimbursable.

24. Conditions for Contracting Prior to Receipt of Security Clearance (July 1993)

(a) U.S. Resident Hire PSC. The contractor may commence work prior to the completion of the

security clearance. However, until such time as clearance is received, the contractor shall have no

access to classified or administratively controlled materials. Further, failure to obtain clearance will

constitute cause for contract termination in accordance with paragraph (a)(2) of General Provision

16 of this contract.

(b) U.S. PSC—Non-Resident Hire. The contractor may elect to commence travel to post immediately

to begin work prior to completion of the security clearance. However, until such time as security

clearance is received, the contractor shall:

(1) Have no access to classified or administratively controlled materials;

(2) Be authorized to travel to post himself/herself only; and
(3) Be authorized no entitlements other than those normally authorized for short term (less than a

year) employees at post. Even if the contract is for one year or more, dependents may not

accompany contractor unless at his/her expense, and transportation/storage of household/personal

effects and motor vehicle will not be financed by USAID prior to the receipt of the security

clearance. Upon receipt of clearance, the Contracting Officer will authorize reimbursement of any

such costs borne at contractor's expense prior to clearance provided they are reasonable, allocable

and allowable. If appropriate given the length of time remaining, the Contracting Officer will

authorize dependent travel and shipment/storage of motor vehicle and effects. Allowances which

would not be provided to short term employees will be authorized after clearance is received

provided that the contractor is otherwise entitled to such benefits. Failure to obtain the security

clearance will constitute cause for contract termination in accordance with paragraph (a)(2) of

General Provision 16 of this contract.

25. Medical Evacuation (MEDEVAC) Services (JUL 2007)

(a) The PSC must obtain MEDEVAC service coverage including coverage for authorized dependents

while performing personal services abroad.

USAID will reimburse the total cost of MEDEVAC insurance to the PSC. The PSC must provide proof

of coverage to the CO in order to receive reimbursement.

(b) Exceptions.

(1) A PSC and authorized dependents with a health insurance program that includes sufficient

MEDEVAC coverage as approved by the Contracting Officer are not required to obtain MEDEVAC

service coverage.

(2) The Mission Director at the post of assignment may make a written determination to waive the

requirement for such coverage. The determination must be based on findings that the quality of local

medical services or other circumstances obviate the need for such coverage for PSCs and their

dependents located at post.

26. Governing Law (NOV 1996)

This contract is established under the procurement authorities of the United States Government and

shall be interpreted in accordance with the body of Federal Procurement Law in the United States.

This contract is a complete statement of the duties, compensation, benefits, leave, notice,

termination, and the like; therefore, the laws of the country of performance with respect to labor and

contract matters shall not apply to either the carrying out of the obligations of the parties or to the

interpretation of this agreement.

27–28 [Reserved]

29. Incentive Awards

[Insert the following clause in all USPSC contracts.]

Incentive Awards (DEC 2019)

The contractor is eligible to receive certain monetary and non-monetary USAID incentive awards in

accordance with the AIDAR and USAID internal policy.

13. FAR Clauses to be Incorporated in Full Text in Personal Services Contracts.
The following FAR Clauses are always to be used along with the General Provisions. They are

required in full text.

1. Covenant Against Contingent Fees 52.203–5

2. Electronic Funds Transfer Payment Methods 52.232–28

3. Disputes 52.233–1 (Alternate 1)

4. Preference for U.S. Flag Air Carriers 52.247–63

14. FAR Clauses to be Incorporated by Reference in Personal Services Contracts

The following FAR Clauses are to be used along with the General Provisions, and when appropriate,

be incorporated in each personal services contract by reference:

1. Anti-Kickback Procedures 52.203–7

2. Limitation on Payments to Influence Certain Federal Transactions 52.203–12

3. Audit and Records—Negotiation 52.215–2

4. Privacy Act Notification 52.224–1

5. Privacy Act 52.224–2

6. Taxes—Foreign Cost Reimbursement Contracts 52.229–8

7. Interest 52.232–17

8. Limitation of Cost 52.232–20

9. Limitation of Funds 52.232–22

10. Assignment of Claims 52.232–23

11. Protection of Government Buildings, Equipment, and Vegetation 52.237–2

12. Notice of Intent to Disallow Costs 52.242–1

13. Inspection 52.246–5

14. Limitation of Liability—Services 52.246–25

 (Sec. 621, Pub. L. 87–195, 75 Stat.

445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3

CFR, 1979 Comp., p. 435)

Parent topic: SUBCHAPTER H—CLAUSES AND FORMS