Subpart 722.1—Basic Labor Policies

Parent topic: PART 722—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

722.103 Overtime.

722.103-1 Definitions.

Compensatory time off means leave equal to overtime worked, which, unless otherwise authorized in

a contract or approved by a contracting officer, must be taken not later than the end of the calendar

month following that in which the overtime is worked.

722.103-2 Policy.

(a) Most contracts covered by this regulation call for the performance of professional or technical

services overseas on a cost-reimbursement basis. The compensation for employees performing such

services is normally fixed on a monthly or annual basis, and the contracts usually state minimum

work week hours. It is not expected that these employees will receive additional pay, overtime or

shift premiums, or compensatory time off.

(b) When the contracting officer determines it is in the best interests of the Government, specific

provision may be made in contracts to permit such benefits for non-technical and non-professional

employees serving overseas, subject to approvals to be required in the contract.

722.103-3 [Reserved]

722.103-4 Approvals.

The contracting officer may make the determinations referred to in (48 CFR) FAR 22.103–4.

722.170 Employment of third country nationals (TCN's) and

cooperating country nationals (CCN's).

(a) General. It is USAID policy that cooperating country nationals (CCNs) and third country nationals

(TCNs), who are hired abroad for work in a cooperating country under USAID-direct contracts,

generally be extended the same benefits, and be subject to the same restrictions as TCNs and CCNs

employed by the USAID Mission. Exceptions to this policy may be granted either by the Mission

Director or the Assistant Administrator having program responsibility for the project. (TCN's and

CCN's who are hired to work in the United States shall be extended benefits and subject to

restrictions on the same basis as U.S. citizens who work in the United States.)
(b) Compensation. Compensation, including merit or promotion increases paid to TCN's and CCN's

may not, without the approval of the Mission Director or the Assistant Administrator having program

responsibility for the project, exceed the prevailing compensation paid to personnel performing

comparable work in the cooperating country as determined by the USAID Mission. Unless otherwise

authorized by the Mission Director or the Assistant Administrator having program responsibility for

the project, the compensation of such TCN and CCN employees shall be paid in the currency of the

cooperating country.

(c) Allowances and differentials. TCN's and CCN's, hired abroad for work in a cooperating country,

are not eligible for allowances or differentials under USAID-direct contracts, unless authorized by

the Mission Director or the Assistant Administrator having program responsibility for the project.

(d) Country and security clearances. The contractor shall insure that the necessary clearances,

including security clearances, if required, have been obtained for TCN and CCN employees in

accordance with any such requirements set forth in the contract or required by the USAID Mission,

prior to the TCN or CCN starting work under the contract.

(e) Physical fitness. Contractors are required to insure that prospective TCN and CCN employees are

examined prior to employment to determine whether the prospective employee meets the minimum

physical requirements of the position and is free from any contagious disease.

(f) Workweek, holidays, and leave. The workweek, holidays, and leave for TCN and CCN employees

shall be the same as for all other employees of the contractor, under the terms of the contract;

however, TCN and CCN employees are not eligible for home leave or military leave unless

authorized by the Mission Director or the Assistant Administrator having program responsibility for

the project.

(g) Travel and transportation for TCN's and CCN's. Travel and transportation shall be provided TCN

and CCN employees on the same basis as for all other employees of the contractor, under the terms

of the contract.

(h) Household effects and motor vehicles. USAID will not provide household effects to TCN and CCN

employees; such employees may ship their household effects and motor vehicles to their place of

employment on the same basis as for all other employees of the contractor, under the terms of the

contract unless they are residents of the cooperating country.