PART 752—SOLICITATION PROVISIONS AND

CONTRACT CLAUSES

Authority: Sec. 621, Pub. L. 87–195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept.

29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435.

Source: 49 FR 13259, Apr. 3, 1984, unless otherwise noted.

Subpart 752.1—Instructions for Using Provisions and Clauses

752.102 Incorporating provisions and clauses.

752.107 AIDAR provisions and clauses prescribed in this subpart.

Subpart 752.2—Texts of Provisions and Clauses

752.200 Scope of subpart.

752.202-1 Definitions.

752.204-2 Security requirements.

752.204-70 Partner vetting pre-award requirements.

752.204-71 Partner vetting.

752.204-72 Access to USAID facilities and USAID's information systems.

752.209-71 Organizational conflicts of interest discovered after award.

752.211-70 Language and measurement.

752.216-70 Award fee.

752.216-71 Partner vetting in indefinite delivery contracts.

752.219-8 Utilization of small business concerns and small disadvantaged business concerns.

752.219-70 USAID Mentor-Protégé Program.

752.219-71 Mentor requirements and evaluation.

752.222-70 USAID disability policy.

752.222-71 Nondiscrimination.

752.225-9 Buy American Act—Trade Agreements Act—Balance of Payments Program.

752.225-70 Source and nationality requirements.

PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
752.226-70 Trade and Investment Activities and the “Impact on U.S. Jobs” and “Workers' Rights.”

752.227-14 Rights in Data—general.

752.227-70 Patent reporting procedures.

752.228-3 Worker's compensation insurance (Defense Base Act).

752.228-7 Insurance—liability to third persons.

752.228-9 Cargo insurance.

752.228-70 Medical Evacuation (MEDEVAC) Services.

752.229-70 Federal, state and local taxes.

752.229-71 Reporting of Foreign Taxes

752.231-71 Salary supplements for HG employees.

752.231-72 Conference planning and required approval

752.232-70 Letter of credit advance payment.

752.236-70 Standards for accessibility for the disabled in USAID construction contracts.

752.242-70 Periodic progress reports.

752.245-70 Government property—USAID reporting requirements.

752.245-71 Title to and care of property.

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

752.252-1 AIDAR solicitation provisions incorporated by reference

752.252-2 AIDAR clauses incorporated by reference

752.252-70 Provisions and clauses to be completed by the offeror.

Subpart 752.70—Texts of USAID Contract Clauses

752.7000 Scope of subpart.

752.7001 Biographical data.

752.7002 Travel and transportation.

752.7003 Documentation for payment.

752.7004 Emergency locator information.

752.7005 Submission requirements for development experience documents.

752.7006 Notices.
752.7007 Personnel compensation.

752.7008 Use of Government facilities or personnel.

752.7009 Marking.

752.7010 Conversion of U.S. dollars to local currency.

752.7011 Orientation and language training.

752.7012 Protection of the individual as a research subject.

752.7013 Contractor-mission relationships.

752.7014 Notice of changes in travel regulations.

752.7015 Use of pouch facilities.

752.7016-752.7017 [Reserved]

752.7018 Health and accident coverage for USAID participant trainees.

752.7019 Participant training.

752.7020 [Reserved]

752.7021 Changes in tuition and fees.

752.7022 Conflicts between contract and catalog.

752.7023 Required visa form for USAID participants.

752.7024 Withdrawal of students.

752.7025 Approvals.

752.7026 [Reserved]

752.7027 Personnel.

752.7028 Differential and allowances.

752.7029 Post privileges.

752.7030 Inspection trips by contractor's officers and executives.

752.7031 Leave and holidays.

752.7032 International travel approval and notification requirements (APR 2014).

752.7033 Physical fitness.

752.7034 Acknowledgement and disclaimer.

752.7035 Public notices.
752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition.

752.7037 Child safeguarding standards.

752.7038 Nondiscrimination against End-Users of Supplies or Services.

Subpart 752.3–70—USAID Clause Matrices [Reserved]

Parent topic: SUBCHAPTER H—CLAUSES AND FORMS

Subpart 752.1—Instructions for Using Provisions and

Clauses

Source: 79 FR 74997, Dec. 16, 2014, unless otherwise noted.

752.102 Incorporating provisions and clauses.

(a) As authorized by FAR 52.102, FAR and AIDAR provisions and clauses should be incorporated by

reference in solicitations and contracts to the maximum practical extent, except as provided in

paragraph (b) of this section. For provisions that require fill-ins or input by the contracting officer,

the paragraph that contains the fill-in information must be included directly below the title of the

provision or clause.

(b) If applicable, the following AIDAR provisions and clauses must be incorporated in full text in all

solicitations and awards:

No. AIDAR (48 CFR

chapter 7) Title Date

752.225–4 Buy American Act—Trade Agreements July 1997.

752.232–70 Letter of Credit Advance Payment Mar 2015.

752.245–70 Government property—USAID reporting

requirements July 1997.

752.7003 Documentation for payment Nov 1998.

(c) Contracting activities may choose to incorporate provisions in full text, when:

(1) A new clause or significant revisions to an existing clause is issued less than six months prior to

issuance of a solicitation or a contract award;

(2) Listing a clause in full text will ensure compliance with the contract terms and conditions;
(3) Inclusion of clauses in full text is more practical under the local conditions (e.g., situations where

doing so will assist small local entities, the prospective contractors may have limited Internet access,

etc.).

(d) If a solicitation or contract contains one or more FAR provisions or clauses incorporated by

reference, the contracting officer must insert the following Internet address:

http://www.acquisition.gov/comp/far/index.html in FAR clause 52.252–1, Solicitation Provisions

Incorporated by Reference or 52.252–2, Clauses Incorporated by Reference.

752.107 AIDAR provisions and clauses prescribed in this subpart.

(a) The contracting officer must insert the provision at 752.252–1, Solicitation Provisions

Incorporated by Reference, in solicitations in order to incorporate AIDAR provisions by reference.

(b) The contracting officer must insert the clause at 752.252–2, AIDAR Clauses Incorporated by

Reference, in solicitations and contracts in order incorporate AIDAR clauses by reference.

(c) The contracting officer must insert the provision at 752.252–70, Provisions and Clauses to be

Completed by the Offeror, in full text in solicitations or contract containing FAR or AIDAR

provision(s) or clause(s) that must be completed by offerors or prospective contractors and

submitted with the quotation or offer.

Subpart 752.2—Texts of Provisions and Clauses

752.200 Scope of subpart.

None of the clauses specified in this subpart are for use in USAID personal services contracts. For

personal services contract clauses, see (48 CFR) AIDAR Appendix D—Direct USAID Contracts with

U.S. Citizens or U.S. Residents for Personal Services Abroad and (48 CFR) AIDAR Appendix

J—Direct USAID Contracts with Cooperating Country Nationals and with Third Country Nationals for

Personal Services Abroad.

752.202-1 Definitions.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

(a) As prescribed in 702.270 and in (48 CFR) FAR Subpart 2.2, USAID contracts use the Definitions

clause in (48 CFR) FAR 52.202–1 and its Alternate I, as appropriate, and the following additional

definitions.

(b) Alternate 70. For use in all USAID contracts. Use in addition to the clause in FAR 52.202–1.

USAID Definitions Clause—General Supplement for Use in All USAID Contracts (JAN 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) When this contract is with an educational institution Campus Coordinator shall mean the

representative of the Contractor at the Contractor's home institution, who shall be responsible for

coordinating the activities carried out under the contract.

(d) When this contract is with an educational institution Campus Personnel shall mean

representatives of the Contractor performing services under the contract at the Contractor's home

institution and shall include the Campus Coordinator.

(e) Consultant shall mean any especially well qualified person who is engaged, on a temporary or

intermittent basis to advise the Contractor and who is not an officer or employee of the Contractor

who performs other duties for the Contractor.

(f) Contractor employee shall mean an employee of the Contractor assigned to work under this

contract.

(g) Cooperating Country or Countries shall mean the foreign country or countries in or for which

services are to be rendered hereunder.

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

(i) Federal Acquisition Regulations (FAR), when referred to herein shall include U.S. Agency for

International Development Acquisition Regulations (AIDAR).

(j) Government shall mean the United States Government.

(k) Mission shall mean the United States AID Mission to, or principal USAID office in, the

Cooperating Country.

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

his/her designated representative.

(c) Alternate 71. For use in USAID contracts with an educational institution for participant training.

Use in addition to the clauses in (48 CFR) FAR 52.202–1 and in 752.202–1(b) of this chapter.

USAID Definitions Clause—Supplement for Contracts With an Educational Institution for Participant

Training (MAY 2011)

(a) Catalog shall mean any medium by which the Institution publicly announces terms and conditions

for enrollment in the Institution, including tuition and fees to be charged. This includes “bulletins,”

“announcements,” or any other similar word the Institution may use.

(b) Director shall mean the individual who fills the USAID position of Director, Bureau for Economic

Growth, Education and Environment, Office of Education (E3/ED), or authorized representative

acting within the limits of the individual's authority.

(c) Fees shall mean those applicable charges directly related to enrollment in the Institution. This

shall not include any permit charge (e.g., parking, vehicle registration), or charges for services of a

personal nature (e.g., food, housing, laundry) unless specifically called for in this contract.

(d) Institution shall mean the educational institution providing services hereunder. The terms

“Institution” and “Contractor” are synonymous.

(e) Tuition shall mean the amount of money charged by an institution for instruction, not including
fees as described in this section.

(d) Alternate 72. For use in all USAID contracts which involve any performance overseas. Use in

addition to the clauses in (48 CFR) FAR 52.202–1 and in 752.202–1(b) of this chapter.

USAID Definitions Clause—Supplement for USAID Contracts Involving Performance Overseas (JUN

2009)

(a) Contractor's Chief of Party shall mean the representative of the Contractor in the Cooperating

Country who shall be responsible for supervision of the performance of all duties undertaken by the

Contractor in the Cooperating Country.

(b) Cooperating Country National (CCN) employee means an individual who meets the citizenship

requirements of the CCN definition in (48 CFR) AIDAR 702.170 and is hired while residing outside

the United States for work in a cooperating country.

(c) Dependents shall mean:

(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 employee for support; and

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

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

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

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

(e) Regular employee shall mean a Contractor employee appointed to serve one year or more in the

Cooperating Country.

(f) Short-term employee shall mean a Contractor employee appointed to serve less than one year in

the Cooperating Country.

(g) Third Country National (TCN) employee means an individual who meets the citizenship

requirements of the TCN definition in (48 CFR) AIDAR 702.170 and is hired while residing outside

the United States for work in a Cooperating Country.

752.204-2 Security requirements.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 704.404(a), when the clause in (48 CFR) FAR 52.204–2 is used in

USAID contracts, paragraph (a) of the clause is revised as follows:

Security Requirements (FEB 1999)

Pursuant to the Foreign Affairs Manual, 12 FAM 540
(http://www.state.gov/documents/organization/88404.pdf), USAID applies the safeguards applicable

to “Confidential” information to administratively controlled information designated as “Sensitive But

Unclassified”. Therefore, when the clause in (48 CFR) FAR 52.204–2 is used in USAID contracts,

pursuant to 704.404(a), paragraph (a) of the clause is revised as follows:

(a) This clause applies to the extent that this contract involves access to classified (`Confidential',

`Secret', or `Top Secret'), or administratively controlled (`Sensitive But Unclassified') information.

752.204-70 Partner vetting pre-award requirements.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 704.7005(a), insert the following provision in all solicitations

subject to vetting:

Partner Vetting Pre-award Requirements (FEB 2012)

(a) USAID has determined that any contract resulting from this solicitation is subject to vetting.

Terms used in this provision are defined in paragraph (b) of the (48 CFR) AIDAR clause at

752.204–71 Partner Vetting, of this solicitation. An offeror that has not passed vetting is ineligible

for award.

(b) The following are the vetting procedures for this solicitation:

(1) Prospective offerors review the attached USAID Partner Information Form, USAID Form 500–13,

and submit any questions about the USAID Partner Information Form or these procedures to the

contracting officer by the deadline for questions in the solicitation.

(2) The contracting officer notifies the offeror when to submit the USAID Partner Information Form.

For this solicitation, USAID will vet at [insert in the provision the applicable stage of the source

selection process at which the contracting officer will notify the offeror(s) who must be vetted].

Within the timeframe set by the contracting officer in the notification, the offeror must complete and

submit the information on the USAID Partner Information Form in accordance with instructions from

the vetting official named in paragraph (d) of the (48 CFR) AIDAR clause at 752.204–71 Partner

Vetting, of this solicitation.

Note:

Offerors who submit using non-secure methods of transmission do so at their own risk.

(3) The offerors must notify proposed subcontractors of this requirement when the subcontractors

are subject to vetting.

(c) Source selection proceeds separately from vetting. Vetting is conducted independently from any

discussions the contracting officer may have with an offeror. The offeror and any subcontractor

subject to vetting must not provide vetting information to other than the vetting official. The offeror

and any subcontractor subject to vetting will communicate only with the vetting official regarding

their vetting submission(s) and not with any other USAID or USG personnel, including the

contracting officer or his/her representatives. Exchanges between the Government and an offeror

about vetting information submitted by the offeror or any proposed subcontractor are clarifications

in accordance with (48 CFR) FAR 15.306(a) (48 CFR 15.306(a)). The contracting officer designates
the vetting official as the only individual authorized to clarify the offeror's and proposed

subcontractor's vetting information.

(d)

(1) The vetting official notifies the offeror that it:

(i) Has passed vetting,

(ii) Has not passed vetting, or

(iii) Must provide additional information, and resubmit the USAID Partner Information Form with

the additional information within the number of days the vetting official specified in the notification.

(2) The vetting official will include in the notification any information that USAID's Office of Security

(SEC) determines releasable. In its determination, SEC will take into consideration the classification

or sensitivity of the information, the need to protect sources and methods, or status of ongoing law

enforcement and intelligence community investigations or operations.

(e) Reconsideration.

(1) Within 7 calendar days after the date of the vetting official's notification, an offeror that has not

passed vetting may request in writing to the vetting official that the Agency reconsider the vetting

determination. The request should include any written explanation, legal documentation and any

other relevant written material for reconsideration.

(2) Within 7 calendar days after the vetting official receives the request for reconsideration, the

Agency will determine whether the offeror's additional information warrants a revised decision.

(3) The Agency's determination of whether reconsideration is warranted is final.

(f) Revisions to vetting information.

(1) Offerors who change key individuals, whether the offeror has previously passed vetting or not,

must submit a revised USAID Partner Information Form to the vetting official. This includes changes

to key personnel resulting from revisions to the technical proposal.

(2) The vetting official will follow the vetting process in paragraph (d) of this clause for any revision

of the offeror's Form.

(g) Award. At the time of award, the contracting officer will confirm with the vetting official that the

apparently successful offeror has passed vetting. The contracting officer may award only to an

apparently successful offeror that has passed vetting.

752.204-71 Partner vetting.

As prescribed in (48 CFR) AIDAR 704.7005(b)(1) and 716.506(a), insert the following clause in all

contracts subject to vetting:

Partner Vetting (FEB 2012)

(a) The contractor must comply with the vetting requirements for key individuals under this
contract.

(b) Definitions. As used in this provision—

Key individual means:

(i) Principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer

and secretary of the board of directors or board of trustees);

(ii) The principal officer and deputy principal officer of the organization (e.g., executive director,

deputy director, president, vice president);

(iii) The program manager or chief of party for the USG-financed program; and

(iv) Any other person with significant responsibilities for administration of the USG-financed

activities or resources, such as key personnel as described in Automated Directives System Chapter

302. Key personnel, whether or not they are employees of the prime contractor, must be vetted.

Vetting official means the USAID employee identified in paragraph (d) of this clause as having

responsibility for receiving vetting information, responding to questions about information to be

included on the USAID Partner Information Form, USAID Form 500–13, coordinating with the

USAID Office of Security, and conveying the vetting determination to each offeror, potential

subcontractors subject to vetting, and to the contracting officer. The vetting official is not part of the

contracting office and has no involvement in the source selection process.

(c) The Contractor must submit a USAID Partner Information Form, USAID Form 500–13, to the

vetting official identified below during the contract when the Contractor replaces key individuals

with individuals who have not been previously vetting for this contract. Note: USAID will not

approve any key personnel who have not passed vetting.

(d) The designated vetting official is:

Vetting official:

Address:

Email: ____________________ (for inquiries only)

(e)

(1) The vetting official will notify the Contractor that it—

(i) Has passed vetting,

(ii) Has not passed vetting, or

(iii) Must provide additional information, and resubmit the USAID Partner Information Form with

the additional information within the number of days the vetting official specifies.

(2) The vetting official will include in the notification any information that USAID's Office of Security

(SEC) determines releasable. In its determination, SEC will take into consideration the classification
or sensitivity of the information, the need to protect sources and methods, or status of ongoing law

enforcement and intelligence community investigations or operations.

(f) Reconsideration.

(1) Within 7 calendar days after the date of the vetting official's notification, the contractor or

prospective subcontractor that has not passed vetting may request in writing to the vetting official

that the Agency reconsider the vetting determination. The request should include any written

explanation, legal documentation and any other relevant written material for reconsideration.

(2) Within 7 calendar days after the vetting official receives the request for reconsideration, the

Agency will determine whether the contractor's additional information warrants a revised decision.

(3) The Agency's determination of whether reconsideration is warranted is final.

(g) A notification that the Contractor has passed vetting does not constitute any other approval

under this contract.

(h) When the contractor anticipates awarding a subcontract for which consent is required under (48

CFR) FAR clause 52.244–2, Subcontracts, the subcontract is subject to vetting. The prospective

subcontractor must submit a USAID Partner Information Form, USAID Form 500–13, to the vetting

official identified in paragraph (d) of this clause. The contracting officer must not consent to award

of a subcontract to any organization that has not passed vetting when required.

(i) The contractor agrees to incorporate the substance of paragraphs (a) through (g) of this clause in

all subcontracts under this contract.

(End of clause)

Alternate I (FEB 2012). As prescribed in 704.7005(b)(2), substitute paragraphs (h) and (i) below for

paragraphs (h) and (i) of the basic clause:

(h)

(1) When the contractor anticipates awarding a subcontract for which consent is required under (48

CFR) FAR clause 52.244–2, Subcontracts, the subcontract is subject to vetting. The prospective

subcontractor must submit a USAID Partner Information Form, USAID Form 500–13, to the vetting

official identified in paragraph (d) of this clause. The contracting officer must not consent to award

of a subcontract to any organization that has not passed vetting when required.

(2) In addition, prospective subcontractors at any tier providing the following classes of items

(supplies and services):

must pass vetting. Contractors must not place subcontracts for these classes of items until they

receive confirmation from the vetting official that the prospective subcontractor has passed vetting.

(i) The contractor agrees to incorporate the substance of this clause in all subcontracts under this

contract.
752.204-72 Access to USAID facilities and USAID's information systems.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 704.404(b), insert the following clause in all solicitations and

contracts that contain the provision at (48 CFR) FAR 52.204–9(a):

Access to USAID Facilities and USAID's Information Systems (AUG 2013)

(a) A U.S. citizen or resident alien engaged in the performance of this award as an employee,

consultant, or volunteer of a U.S firm may obtain access to USAID facilities or logical access to

USAID's information systems only when and to the extent necessary to carry out this award and in

accordance with this clause. The contractor's employees, consultants, or volunteers who are not U.S.

citizen as well as employees, consultants, or volunteers of non-U.S. firms, irrespective of their

citizenship, will not be granted logical access to U.S. Government information technology systems

(such as Phoenix, GLAAS, etc.) and must be escorted to use U.S. Government facilities (such as

office space).

(b) Before a contractor (or a contractor employee, consultant, or volunteer) or subcontractor at any

tier may obtain a USAID ID (new or replacement) authorizing the individual routine access to USAID

facilities in the United States, or logical access to USAID's information systems, the individual must

provide two forms of identity source documents in original form to the Enrollment Office personnel

when undergoing processing. One identity source document must be a valid Federal or State

Government-issued picture ID. Contractors may contact the USAID Security Office to obtain the list

of acceptable forms of documentation. Submission of these documents, to include documentation of

security background investigations, are mandatory in order for the contractor to receive a PIV/FAC

card and be granted access to any of USAID's information systems. All such individuals must

physically present these two source documents for identity proofing at their enrollment.

(c) The contractor or its Facilities Security Officer must return any issued building access ID and

remote authentication token to the contracting officer's representative (COR) upon termination of

the individual's employment with the contractor or completion of the contract, whichever occurs

first.

(d) Individuals engaged in the performance of this award as employees, consultants, or volunteers of

the contractor must comply with all applicable Homeland Security Presidential Directive–12

(HSPD–12) and Personal Identity Verification (PIV) procedures, as described above, and any

subsequent USAID or Government-wide HSPD–12 and PIV procedures/policies.

(e) The contractor is required to insert this clause in any subcontracts that require the

subcontractor, subcontractor employee, or consultant to have routine physical access to USAID

space or logical access to USAID's information systems.

752.209-71 Organizational conflicts of interest discovered after award.

As prescribed in 709.507–2, insert the following clause in any solicitation containing a provision in

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

establishing a restraint on the contractor's eligibility for future contracts.

Organizational Conflicts of Interest Discovered After Award (JUN 1993)
(a) The Contractor agrees that, if after award it discovers either an actual or potential organizational

conflict of interest with respect to this contract, it shall make an immediate and full disclosure in

writing to the contracting officer which shall include a description of the action(s) which the

Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict.

(b) The contracting officer shall provide the contractor with written instructions concerning the

conflict. USAID reserves the right to terminate the contract if such action is determined to be in the

best interest of the Government.

(End of clause)

752.211-70 Language and measurement.

The following clause shall be used in all USAID-direct contracts.

Language and Measurement (JUN 1992)

(a) The English language shall be used in all written communications between the parties under this

contract with respect to services to be rendered and with respect to all documents prepared by the

contractor except as otherwise provided in the contract or as authorized by the contracting officer.

(b) Wherever measurements are required or authorized, they shall be made, computed, and

recorded in metric system units of measurement, unless otherwise authorized by USAID in writing

when it has found that such usage is impractical or is likely to cause U.S. firms to experience

significant inefficiencies or the loss of markets. Where the metric system is not the predominant

standard for a particular application, measurements may be expressed in both the metric and the

traditional equivalent units, provided the metric units are listed first.

(End of clause)

752.216-70 Award fee.

As prescribed in 716.406, insert the following clause in solicitations and contracts in which an

award-fee contract is contemplated.

Award Fee (MAY 1997)

(a) The Government shall pay the Contractor for performing this contract such base fee and such

additional fee as may be awarded, as provided in the Schedule.

(b) Payment of the base fee and award fee shall be made as specified in the Schedule; provided, that

after payment of 85 percent of the base fee and potential award fee, the contracting officer may

withhold further payment of the base fee and award fee until a reserve is set aside in an amount that

the contracting officer considers necessary to protect the Government's interest. This reserve shall

not exceed 15 percent of the total base fee and potential award fee or $100,000, whichever is less.

The contracting officer shall release 75 percent of all fee withholds under this contract after receipt

of the certified final indirect cost rate proposal covering the year of physical completion of this

contract, provided the Contractor has satisfied all other contract terms and conditions, including the

submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers

on prior years' settlements. The contracting officer may release up to 90 percent of the fee withholds
under this contract based on the Contractor's past performance related to the submission and

settlement of final indirect cost rate proposals.

(End of clause)

752.216-71 Partner vetting in indefinite delivery contracts.

As prescribed in (48 CFR) AIDAR 716.506(b)(1), insert the following clause in all indefinite-delivery

contracts subject to vetting:

Partner Vetting in Indefinite Delivery Contracts (FEB 2012)

(a) The contractor must comply with the vetting requirements for key individuals under this contract

and in any orders that are identified as subject to vetting.

(b) Definitions. As used in this provision—

Key individual means:

(i) Principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer

and secretary of the board of directors or board of trustees);

(ii) The principal officer and deputy principal officer of the organization (e.g., executive director,

deputy director, president, vice president);

(iii) The program manager or chief of party for the USG-financed program; and

(iv) Any other person with significant responsibilities for administration of the USG-financed

activities or resources, such as key personnel as described in Automated Directives System Chapter

302. Key personnel, whether or not they are employees of the prime contractor, must be vetted.

Vetting official means the USAID employee identified in paragraph (d) of this clause as having

responsibility for receiving vetting information, responding to questions about information to be

included on the USAID Partner Information Form, USAID Form 500–13, coordinating with the

USAID Office of Security, and conveying the vetting determination to each contractor, potential

subcontractors subject to vetting, and to the cognizant contracting officer. The vetting official is not

part of the contracting office and has no involvement in the source selection process.

(c) The contractor must submit a USAID Partner Information Form, USAID Form 500–13 to the

designated vetting official:

(1) when the contractor replaces key individuals under the basic contract with individuals who have

not been previously vetted.

(2) when the contractor replaces key individuals under an order subject to vetting with individuals

who have not been previously vetted. For changes to any key individuals associated with both the

basic contract and any orders subject to vetting, the contractor must submit updated vetting forms

to each designated vetting official. Note: USAID will not approve any key personnel who have not

passed vetting.

(d)
(1) The designated vetting official for the basic contract is:

Vetting official:

Address:

Email: ____________________ (for inquiries only)

(2) Each order subject to vetting will identify the vetting official for that order. The contractor must

submit vetting information specific to an order to the vetting official identified in that order.

(e)

(1) The vetting official will notify the contractor that it—

(i) Has passed vetting,

(ii) Has not passed vetting, or

(iii) Must provide additional information, and resubmit the USAID Partner Information Form with

the additional information within the number of days the vetting official specifies.

(2) The vetting official will include in the notification any information that USAID's Office of Security

(SEC) determines releasable. In its determination, SEC will take into consideration the classification

or sensitivity of the information, the need to protect sources and methods, or status of ongoing law

enforcement and intelligence community investigations or operations.

(f) Reconsideration.

(1) Within 7 calendar days after the date of the vetting official's notification, the contractor or

prospective subcontractor that has not passed vetting may request in writing to the vetting official

that the Agency reconsider the vetting determination. The request should include any written

explanation, legal documentation and any other relevant written material for reconsideration.

(2) Within 7 calendar days after the vetting official receives the request for reconsideration, the

Agency will determine whether the contractor's additional information warrants a revised decision.

(3) The Agency's determination of whether reconsideration is warranted is final.

(g) A notification that the contractor has passed vetting does not constitute any other approval under

this contract.

(h) The request for task or delivery order proposals will identify whether the order is subject to

vetting. The following are the procedures for vetting orders under this contract. Note that the term

“awardee” as used below refers to a contractor under multiple-award indefinite-delivery contracts,

consistent with the use of the term in (48 CFR) FAR 16.505(b):

(1) The contracting officer will notify the awardees when to complete and submit the USAID Partner

Information Form to the vetting official named in the request for order proposals. Note: Awardees

who submit using non-secure methods of transmission do so at their own risk.
(2) The awardee must notify proposed subcontractors of this requirement when the subcontractors

are subject to vetting.

(3) The fair opportunity process proceeds separately from vetting. Vetting is conducted

independently from any discussions the contracting officer may have with an awardee. The awardee

and any subcontractor subject to vetting must not provide vetting information to other than the

vetting official identified in the request for order proposal. The awardee and any subcontractor

subject to vetting will communicate only with the vetting official regarding their vetting

submission(s) and not with any other USAID or USG personnel, including the contracting officer or

his/her representatives.

(4)

(i) The vetting official notifies the awardee that it:

(A) Has passed vetting,

(B) Has not passed vetting, or

(C) Must provide additional information, and resubmit the USAID Partner Information Form with the

additional information within the number of days the vetting official specified in the notification.

(ii) The vetting official will include in the notification any information that USAID's Office of Security

(SEC) determines releasable. In its determination, SEC will take into consideration the classification

or sensitivity of the information, the need to protect sources and methods, or status of ongoing law

enforcement and intelligence community investigations or operations.

(5) Reconsideration.

(i) Within 7 calendar days after the date of the vetting official's notification, an awardee that has not

passed vetting may request in writing to the vetting official that the Agency reconsider the vetting

determination. The request should include any written explanation, legal documentation and any

other relevant written material for reconsideration.

(ii) Within 7 calendar days after the vetting official receives the request for reconsideration, the

Agency will determine whether the contractor's additional information warrants a revised decision.

(iii) The Agency's determination of whether reconsideration is warranted is final.

(6) Revisions to vetting information.

(i) Before the order is awarded, any awardee who changes key individuals, whether it has previously

passed vetting or not, must submit a revised USAID Partner Information Form to the vetting official.

This includes changes to key personnel resulting from revisions to the technical proposal.

(ii) The order vetting official will follow the vetting process in paragraph (e) of this clause for any

revision of the awardee's Form.

(7) Award of order. The contracting officer may award an order subject to vetting only to an

apparently successful awardee that has passed vetting for that order.

(i) When the contractor anticipates awarding a subcontract for which consent is required under (48

CFR) FAR clause 52.244–2, Subcontracts, the subcontract is subject to vetting. The prospective
subcontractor must submit a USAID Partner Information Form, USAID Form 500–13, to the

designated vetting official. The contracting officer must not consent to award of a subcontract to any

organization that has not passed vetting when required.

(j) The contractor agrees to incorporate the substance of paragraphs (a) through (g) of this clause in

all subcontracts under this contract.

(End of clause)

Alternate I (FEB 2012). As prescribed in 716.506(b), substitute paragraphs (i) and (j) below for

paragraphs (i) and (j) of the basic clause:

(i)

(1) When the contractor anticipates awarding a subcontract for which consent is required under (48

CFR) FAR clause 52.244–2, Subcontracts, the subcontract is subject to vetting. The prospective

subcontractor must submit a USAID Partner Information Form, USAID Form 500–13, to the

designated vetting official. The contracting officer must not consent to award of a subcontract to any

organization that has not passed vetting when required.

(2) In addition, prospective subcontractors at any tier providing the following classes of items

(supplies and services):

must pass vetting. Contractors must not place subcontracts for these classes of items until they

receive confirmation from the vetting official that the prospective subcontractor has passed vetting.

(j) The contractor agrees to incorporate the substance of this clause in all subcontracts under this

contract.

752.219-8 Utilization of small business concerns and small disadvantaged

business concerns.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 719.708, insert the following clause in solicitations and contracts

that contain the clause at 52.219–8, Utilization of Small Business Concerns:

Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (MAR 2015)

In addition to the FAR clause at 52.219–8, Utilization of Small Business Concerns, the contractor

must comply with the following USAID small business provision: To permit USAID, in accordance

with the small business provisions of the Foreign Assistance Act, to give small business firms an

opportunity to participate in supplying equipment supplies and services financed under this

contract, the contractor must, to the maximum extent possible, provide the following information to

the U.S. Agency for International Development(USAID), Office of Small and Disadvantaged Business

Utilization (OSDBU), 1300 Pennsylvania Ave. NW., SA–44, Room 848, Washington, DC 20523, at

least 45 days prior to placing any order in excess of the simplified acquisition threshold except

where a shorter time is requested of, and granted by OSDBU:
(1) Brief general description and quantity of commodities or services;

(2) Closing date for receiving quotations or bids; and

(3) Address where invitations or specifications may be obtained.

752.219-70 USAID Mentor-Protégé Program.

As prescribed in 719.273–11(a), insert the following provision:

USAID Mentor-Protégé Program (JUL 2007)

(a) Large and small business are encouraged to participate in the USAID Mentor-Protégé Program

(the “Program”). Mentor firms provide eligible small business Protégés with developmental

assistance to enhance their business capabilities and ability to obtain Federal contracts.

(b) Mentor firms are large prime contractors or eligible small business capable of providing

developmental assistance. Protégé firms are small business as defined in 13 CFR parts 121, 124, and

126.

(c) Developmental assistance is technical, managerial, financial, and other mutually beneficial

assistance that aids Protégés. The costs for developmental assistance are not chargeable to the

contract.

(d) Firms interested in participating in the Program are encouraged to contact the USAID MentorProtégé Program Manager (202–712–1500) for more information.

(End of provision)

752.219-71 Mentor requirements and evaluation.

As prescribed in (48 CFR) AIDAR 719.273–11(b), insert the following clause:

Mentor Requirements and Evaluation (JUL 2007)

(a) Mentor and Protégé firms shall submit an evaluation of the overall experience in the Program to

OSDBU at the conclusion of the mutually agreed upon Program period, the conclusion of the

contract, or the voluntary withdrawal by either party from the Program, whichever occurs first. At

the conclusion of each year in the Mentor-Protégé Program, the Mentor and Protégé will formally

brief the USAID Mentor-Protégé Program Manager regarding Program accomplishments under their

Mentor-Protégé Agreement.

(b) Mentor or Protégé shall notify OSDBU in writing, at least 30 calendar days in advance of the

effective date of the firm's withdrawal from the Program.

(End of clause)
752.222-70 USAID disability policy.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 722.810, the contracting officer must insert the following clause in Section H of all

solicitations and resulting awards.

USAID Disability Policy (DEC 2004)

(a) The objectives of the USAID Disability Policy are:

(1) To enhance the attainment of United States foreign assistance program goals by promoting the

participation and equalization of opportunities of individuals with disabilities in USAID policy,

country and sector strategies, activity designs and implementation;

(2) To increase awareness of issues of people with disabilities both within USAID programs and in

host countries;

(3) To engage other U.S. Government agencies, host country counterparts, governments,

implementing organizations and other donors in fostering a climate of nondiscrimination against

people with disabilities; and

(4) To support international advocacy for people with disabilities. The full text of USAID's policy can

be found at the following Web site: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf.

(b) USAID therefore requires that the contractor not discriminate against people with disabilities in

the implementation of USAID programs and that it make every effort to comply with the objectives

of the USAID Disability Policy in performing this contract. To that end and within the scope of the

contract, the contractor's actions must demonstrate a comprehensive and consistent approach for

including men, women, and children with disabilities.

752.222-71 Nondiscrimination.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 722.810(b), insert the following clause in section I of all

solicitations and resulting contracts.

Nondiscrimination (JUN 2012)

FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting

from the U.S. from engaging in certain discriminatory practices.

USAID is committed to achieving and maintaining a diverse and representative workforce and a

workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID

prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including

pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation,

genetic information, marital status, parental status, political affiliation, and any other conduct that

does not adversely affect the performance of the employee. USAID does not tolerate any type of

discrimination (in any form, including harassment) of any employee or applicant for employment on

any of the above-described bases.
Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition,

the Agency strongly encourages all its contractors (at all tiers) to develop and enforce

nondiscrimination policies consistent with USAID's approach to workplace nondiscrimination as

described in this clause, subject to applicable law.

(End of clause)

752.225-9 Buy American Act—Trade Agreements Act—Balance of Payments

Program.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

The clause prescribed by FAR 25.408(a)(2) is not generally included in USAID contracts when more

stringent source requirements are stated in the contract or when inclusion is not appropriate under

FAR 25.403, or 725.403 of this chapter. (See Executive Order 11223, dated May 12, 1965, 30 FR

6635.) The clause setting forth USAID's source restrictions is shown in section 752.225–70.

752.225-70 Source and nationality requirements.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 725.704, insert the following clause:

Source and Nationality Requirements (FEB 2012)

(a) Except as may be specifically approved by the contracting officer, the contractor must procure all

commodities (e.g., equipment, materials, vehicles, supplies) and services (including commodity

transportation services) in accordance with the requirements at 22 CFR part 228 “Rules on

Procurement of Commodities and Services Financed by USAID.” The authorized source for

procurement is Geographic Code 937 unless otherwise specified in the schedule of this contract.

Guidance on eligibility of specific goods or services may be obtained from the contracting officer.

(b) Ineligible goods and services. The contractor must not procure any of the following goods or

services under this contract:

(1) Military equipment;

(2) Surveillance equipment;

(3) Commodities and services for support of police and other law enforcement activities;

(4) Abortion equipment and services;

(5) Luxury goods and gambling equipment; or

(6) Weather modification equipment.

(c) Restricted goods. The contractor must obtain prior written approval of the contracting officer or
comply with required procedures under an applicable waiver as provided by the contracting officer

when procuring any of the following goods or services:

(1) Agricultural commodities;

(2) Motor vehicles;

(3) Pharmaceuticals and contraceptive items;

(4) Pesticides;

(5) Fertilizer;

(6) Used equipment; or

(7) U.S. Government-owned excess property.

If USAID determines that the contractor has procured any of these specific restricted goods under

this contract without the prior written authorization of the contracting officer or fails to comply with

required procedures under an applicable waiver as provided by the contracting officer, and has

received payment for such purposes, the contracting officer may require the contractor to refund the

entire amount of the purchase.

752.226-70 Trade and Investment Activities and the “Impact on U.S. Jobs”

and “Workers' Rights.”

As prescribed in 48 CFR 726.7101(b), insert a clause substantially as follows:

Trade and Investment Activities and the “Impact on U.S. Jobs” and “Workers' Rights” (Jul 2023)

(a) Except as specifically set forth in this contract or otherwise authorized by USAID in writing, no

funds or other support provided under this contract may be used for any activity that: provides

financial incentives and other assistance for U.S. companies to relocate operations abroad if it is

likely to result in the loss of U.S. jobs; contributes to violations of internationally recognized

workers' rights defined in 19 U.S.C. 2467(4); or provides financial incentives for entities located

outside the United States to relocate or transfer jobs from the United States to other countries or

provide financial incentives that would adversely affect the labor force in the United States.

(b) In the event the Contractor is requested to provide services in any of the above areas or requires

clarification from USAID as to whether an activity would be consistent with the limitation set forth

above, the Contractor must notify the Contracting Officer and provide a detailed description of the

expected impact of the proposed activity. The Contractor must not proceed with the activity until

advised by USAID in writing that it may do so.

(c) The Contractor must ensure that its employees and subcontractors providing trade and

investment support services are made aware of the restrictions set forth in this clause and must

include this clause in all subcontracts.

(End of clause)
752.227-14 Rights in Data—general.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

As prescribed in 727.409(b), insert the following clause:

Rights in Data—General (OCT 2007)

The following paragraph (d) replaces paragraph (d) of (48 CFR) FAR 52.227–14 Rights in

Data—General.

(d) Release, publication and use of data.

(1) For all data first produced or specifically used by the Contractor in the performance of this

contract in the United States, its territories, or Puerto Rico, the Contractor shall have the right to

use, release to others, reproduce, distribute, or publish such data, except to the extent such data

may be subject to the Federal export control or national security laws or regulations, or unless

otherwise provided in this paragraph of this clause or expressly set forth in this contract [see

paragraph (d)(3) for limitations on contracts performed outside of the US].

(2) The Contractor agrees that to the extent it receives or is given access to data necessary for the

performance of this contract which contain restrictive markings, the Contractor shall treat the data

in accordance with such markings unless otherwise specifically authorized in writing by the

contracting officer.

(3) For all data first produced or specifically used by the Contractor in the overseas performance of

this contract, the Contractor shall not release, reproduce, distribute, or publish such data without

the written permission of the contracting officer. The Government also may require the contractor to

assign copyright to the Government or another party as circumstances warrant or as specifically

stated elsewhere in the contract.

752.227-70 Patent reporting procedures.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 727.303, insert the following clause in all solicitations and

contracts that contain the clause at (48 CFR) FAR 52.227–11.

Patent Reporting Procedures (AUG 1999)

(a) Reporting inventions. In accordance with 37 CFR part 401, each USAID-funded research

recipient must disclose each subject invention to USAID as required in (48 CFR) FAR 52.227–11(c).

Such reports must be made via the National Institutes of Health (NIH) EDISON Patent Reporting

and Tracking system. NIH created EDISON to help assist research recipients to comply with the

Bayh-Dole Act and report in a timely manner all patentable inventions arising out of Federallysponsored research programs. The EDISON system uses Web technology to allow research

recipients to report and monitor their invention reports, with the assurance that proprietary data is

securely stored. The Web site for EDISON (http://www.iedison.gov) provides users with an invention

reporting test site, as well as applicable instructions for complying with Government regulations,

and increases the potential for successful commercialization of the inventions by helping to ensure
that all reporting requirements are met and that ownership rights are clearly established.

(b) Reports on utilization of subject inventions as required under (48 CFR) FAR 52.227–11(f) must be

provided to the USAID contracting officer's technical representative annually, and the last report

under an agreement must be provided within 90 days of the expiration of the agreement.

752.228-3 Worker's compensation insurance (Defense Base Act).

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 728.309, the following supplemental coverage must be added to the clause

specified in (48 CFR) FAR 52.228–3 by the USAID contracting officer.

Worker's Compensation Insurance (Defense Base Act) (DEC 1991)

In addition to the requirements specified in (48 CFR) FAR 52.228–3, the contractor agrees to the

following:

(a) The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the

contract between USAID and USAID's DBA insurance carrier unless the Contractor has a DBA self

insurance program approved by the Department of Labor or has an approved retrospective rating

agreement for DBA.

(b) If USAID or the contractor has secured a waiver of DBA coverage (see (48 CFR) AIDAR

728.305–70(a)) for contractor's employees who are not citizens of, residents of, or hired in the

United States, the contractor agrees to provide such employees with worker's compensation benefits

as required by the laws of the country in which the employees are working, or by the laws of the

employee's native country, whichever offers greater benefits.

(c) The Contractor further agrees to insert in all subcontracts hereunder to which the DBA is

applicable, a clause similar to this clause, including this sentence, imposing on all subcontractors a

like requirement to provide overseas workmen's compensation insurance coverage and obtain DBA

coverage under the USAID requirements contract.

752.228-7 Insurance—liability to third persons.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 728.307–2(c), the following paragraph must be added to the clause specified in (48

CFR) FAR 52.228–7 as either paragraph (h) (if (48 CFR) FAR 52.228–7 Alternate I is not used) or (i)

(if (48 CFR) FAR 52.228–7 Alternate I is used):

Insurance—Liability to Third Persons (JUL 1997)

The following paragraph is added to the clause specified in (48 CFR) FAR 52.228–7:

( ) Insurance on private automobiles. If the Contractor or any of its employees or their dependents

transport or cause to be transported (whether or not at contract expense) privately owned

automobiles to the Cooperating Country, or they or any of them purchase an automobile within the

Cooperating Country, the Contractor agrees to make certain that all such automobiles during such
ownership within the Cooperating Country will be covered by a paid-up insurance policy issued by a

reliable company providing the following minimum coverage or such other minimum coverage as

may be set by the Mission Director, payable in United States dollars or its equivalent in the currency

of the Cooperating Country: injury to persons, $10,000/$20,000; property damage, $5,000. The

premium costs for such insurance shall not be a reimbursable cost under this contract. Copies of

such insurance policies shall be preserved and made available as part of the Contractor's records

which are required to be preserved and made available by the “Audit and Records—Negotiation”

clause of this contract.

752.228-9 Cargo insurance.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 728.313(a), the following preface is to be used preceding the text of the clause at

(48 CFR) FAR 52.228–9:

Cargo Insurance (DEC 1998)

Preface: To the extent that marine insurance is necessary or appropriate under this contract, the

contractor shall ensure that U.S. marine insurance companies are offered a fair opportunity to bid

for such insurance. This requirement shall be included in all subcontracts under this contract.

752.228-70 Medical Evacuation (MEDEVAC) Services.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 728.307–70, for use in all contracts requiring performance overseas:

Medical Evacuation (MEDEVAC) Services (JUL 2007)

(a) The contractor must provide MEDEVAC service coverage to all U.S. citizen, U.S. resident alien,

and Third Country National employees and their authorized dependents (hereinafter “individual”)

while overseas under a USAID-financed direct contract. USAID will reimburse reasonable, allowable,

and allocable costs for MEDEVAC service coverage incurred under the contract. The contracting

officer will determine the reasonableness, allowability, and allocability of the costs based on the

applicable cost principles and in accordance with cost accounting standards.

(b) Exceptions. (i) The Contractor is not required to provide MEDEVAC insurance to eligible

employees and their dependents with a health program that includes sufficient MEDEVAC coverage

as approved by the contracting officer.

(ii) The Mission Director 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 eligible employees and their dependents

located at post.

(c) Contractor must insert a clause similar to this clause in all subcontracts that require performance

by contractor employees overseas.
752.229-70 Federal, state and local taxes.

For contracts involving performance overseas the clauses prescribed in (48 CFR) FAR 29.401–3 or

29.401–4 may be modified to specify that the taxes referred to are United States taxes.

752.229-71 Reporting of Foreign Taxes

As prescribed in (48 CFR) AIDAR 729.402–70(b), insert the following clause in applicable

solicitations and resulting contracts. The contracting officer must insert the address and point of

contact at the Embassy, Mission, or M/CFO/CMP as appropriate under paragraph (d) of this clause.

Reporting of Foreign Taxes (Jul 2023)

(a) Definitions. As used in this clause—

Foreign government includes any foreign governmental entity.

Foreign taxes include value-added taxes and customs duties but not individual income taxes

assessed to local staff.

Local staff means Cooperating Country National employees.

(b) Annual report.

(1) The Contractor must submit a report detailing foreign taxes assessed under this contract during

the prior U.S. government fiscal year. The report must be submitted annually by April 16.

(2) A report is required even if the Contractor did not pay any foreign taxes during the reporting

period. A cumulative report may be provided if the Contractor is performing more than one award in

the foreign country.

(c) Contents of report. The report must contain:

(1) Contractor name.

(2) Contact name with phone number and email address.

(3) Contract number(s).

(4) Amount of foreign taxes assessed by each foreign government (listed separately) under this

contract during the prior U.S. Government fiscal year.

(i) Taxes assessed on any individual transaction of less than $500 should not be reported.

(ii) The Contractor must report only foreign taxes assessed by a foreign government receiving U.S.

assistance under this contract. The Contractor must not report on foreign taxes assessed by a thirdparty foreign government.

(5) Any reimbursements of foreign taxes received by the Contractor on the taxes reported in

paragraph (c)(4) of this clause received through the date of the report.

(d) Submission of report. The Contractor must submit the report to: [Contracting Officer must insert
address and point of contact at the Embassy or Mission in the country in which the contract will be

performed, or CFO/CMP for USAID/W-issued contracts, as appropriate], with a copy to the

Contracting Officer's Representative.

(e) Subcontracts. The Contractor must include this reporting requirement in all subcontracts issued

under this contract. The Contractor shall collect and incorporate into the Contractor's report all

information received from subcontractors pursuant to this clause.

(End of clause)

752.231-71 Salary supplements for HG employees.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 731.205–71, for use in all contracts with a possible need or services of a HG

employee. The clause should also be inserted in all subsequent sub-contracts.

Salary Supplements for HG Employees (MAR 2015)

(a) Salary supplements are payments made that augment an employee's base salary or premiums,

overtime, extra payments, incentive payment and allowances for which the HG employee would

qualify under HG rules or practice for the performance of his/hers regular duties or work performed

during his/hers regular office hours. Per diem, invitational travel, honoraria and payment for work

carried out outside of normal working hours are not considered to be salary supplements.

(b) Salary supplements to HG Employees are not allowable without the written approval of the

contracting officer.

(c) The Contractor must insert a clause containing all the terms of this clause, including the

requirement to obtain the written approval of the contracting officer for all salary supplements, in all

subcontracts under this contract that may entail HG employee salary supplements.

752.231-72 Conference planning and required approval

As prescribed in (48 CFR) AIDAR 731.205–43(d), insert the following clause in section H of all

USAID-funded solicitations and contracts anticipated to include a requirement for a USAID-funded

conference.

Conference Planning and Required Approval (Jul 2023)

(a) Definitions. As used in this clause—

Conference means a seminar, meeting, retreat, symposium, workshop, training activity or other such

event that is funded in whole or in part by USAID.

Net conference expense means the total conference expenses excluding: any fees or revenue

received by the Agency through the conference, costs to ensure the safety of attending

governmental officials, and salary of USAID employees and USAID personal services contractors.

Personal Services Contractor (PSC) means any individual who is awarded a personal services
contract in accordance with AIDAR appendix D or J of this chapter.

Temporary duty (TDY) travel means official travel at least fifty (50) miles from both the traveler's

home and duty station for a period exceeding twelve (12) hours.

USAID employee means a USAID direct-hire employee or a direct-hire Federal employee from

another U.S. government agency detailed to USAID.

(b) Prior approval. Unless an exception in paragraph (c) applies, the Contractor must obtain prior

written approval from the Contracting Officer at least 30 days prior to committing costs, for the

following:

(1) A conference funded in whole or in part by USAID when ten (10) or more USAID employees or

Personal Services Contractors are required to travel on temporary duty status to attend the

conference; or

(2) A conference funded in whole or in part by USAID and attended by USAID employees or USAID

Personal Services Contractors, when the net conference expense funded by USAID is expected to

exceed $100,000, regardless of the number of USAID participants.

(c) Exceptions. Prior USAID approval is not required for the following:

(1) Co-creation conferences to facilitate the design of programs or procurements.

(2) Events funded and scheduled by the Center for Professional Development within the USAID

Office of Human Capital and Talent Management.

(3) A single course presented by an instructor conducted at a U.S. Government training facility

(including the Washington Learning Center or other USAID training facilities), a commercial training

facility, or other venue if a U.S. Government training facility is not available.

(4) Conferences conducted at a U.S. Government facility or other venue not paid directly or

indirectly by USAID, when travel of USAID employees or USAID Personal Services Contractors, light

refreshments and, if applicable, costs associated with participation of the Contractor's staff are the

only direct costs associated with the event.

(d) Allowability of cost. Costs associated with a conference that meet the criteria above, incurred

without USAID prior written approval, are unallowable.

(e) Post-award. Conferences approved at the time of award will be incorporated into the contract.

The Contractor must submit subsequent requests for approval of conferences on a case-by-case

basis, or requests for multiple conferences may be submitted at one time.

(f) Documentation. Requests for approval of a conference that meets the criteria in paragraphs (b) of

this clause must include:

(1) A brief summary of the proposed event;

(2) A justification for the conference and alternatives considered, e.g., teleconferencing and videoconferencing;

(3) The estimated budget by line item (e.g., travel and per diem, venue, facilitators, meals,

equipment, printing, access fees, ground transportation);
(4) A list of USAID employees or PSCs attending and a justification for each, and the number of

other USAID-funded participants (e.g., Contractor personnel);

(5) A cost comparison for at least three potential venues (including a U.S. Government owned or

leased facility) and a justification if the lowest cost facility is not selected;

(6) If meals will be provided to local USAID employees or PSCs (a local employee would not be in

travel status), a statement on whether the meals are a necessary expense to support the conference

objectives; and

(7) A statement signed by an employee of the Contractor with authority to bind the Contractor,

confirming that strict fiscal responsibility has been exercised in making decisions regarding

conference expenditures, the proposed costs are comprehensive and represent the greatest cost

advantage to the U.S. Government, and that the proposed conference representation has been

limited to the minimum number necessary to support the conference objectives.

(End of clause)

752.232-70 Letter of credit advance payment.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As required by 732.406–73, insert the following clause in contracts being paid by Letter of Credit.

Letter of Credit Advance Payment (MAR 2015)

(a) Payment under this contract must be by means of a Letter of Credit (LOC) in accordance with the

terms and conditions of the LOC and any instructions issued by the USAID, Bureau for Management,

Office of the Chief Financial Officer, Cash Management and Payment Division (M/CFO/CMP).

(b) Immediately upon award, or as soon as the Letter of Credit payment method is approved by the

contracting officer, contractors without an established LOC account must submit the following forms

with original signatures, to the address specified below:

Forms:

(1) A signed original SF–1199A (Direct Deposit Sign-Up Form); and

(2) “Division of Payment Management Payment Management System Access Form” found at the

Department of State and Human Services (DHHS) Web site.

Address:

ATTN: James DuBois,

U.S. Agency for International Development,

M/CFO/CMP—LOC Unit,

1300 Pennsylvania Ave. NW.,
SA–44, Room 430–J,

Washington, DC 20523–7700.

Contractors must also submit the forms specified above electronically to loc@usaid.gov.

(c) As long as the LOC is in effect, the terms and conditions of the LOC and any instructions issued

by M/CFO/CMP constitute the payment conditions of this contract, superseding and taking

precedence over any other clause of this contract concerning payment.

(d) If the LOC is revoked, payment may be made on a cost-reimbursement basis, in accordance with

the other clauses of this contract concerning payment.

(e) Revocation of the LOC is at the discretion of M/CFO/CMP after consultation with the contracting

officer. Notification to the contractor of revocation must be in writing and must specify the reasons

for such action. The contractor may appeal any such revocation to the contracting officer, in

accordance with the Disputes clause of this contract. Pending final decision, payments under the

contract will be in accordance with paragraph (d) of this clause.

752.236-70 Standards for accessibility for the disabled in USAID construction

contracts.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 736.570, for contracts for construction or renovation using program funds, insert

the following clause.

Standards for Accessibility for the Disabled in USAID Construction Contracts (JUL 2007)

(a) One of the objectives of the USAID Disability Policy is to engage other U.S. Government

agencies, host country counterparts, governments, implementing organizations and other donors in

fostering a climate of nondiscrimination against people with disabilities. As part of this policy USAID

has established standards for any new or renovation construction project funded by USAID to allow

access by people with disabilities (PWDs). The full text of the policy paper can be found at the

following Web site: http://www.usaid.gov/about_usaid/disability/.

(b) USAID requires the contractor to comply with standards of accessibility for people with

disabilities in all structures, buildings or facilities resulting from new or renovation construction or

alterations of an existing structure.

(c) The contractor must comply with the host country or regional standards for accessibility in

construction when such standards result in at least substantially equivalent accessibility and

usability as the standard provided in the Americans with Disabilities Act (ADA) of 1990 and the

Architectural Barriers Act (ABA) Accessibility Guidelines of July 2004. Where there are no host

country or regional standards for universal access or where the host country or regional standards

fail to meet the ADA/ABA threshold, the standard prescribed in the ADA and the ABA must be used.

(d) New Construction. All new construction must comply with the above standards for accessibility.

(e) Alterations. Changes to an existing structure that affect, or could affect, the usability of the

structure must comply with the above standards for accessibility unless the contractor obtains the
contracting officer's advance approval that compliance is technically infeasible or constitutes an

undue burden or both. Compliance is technically infeasible where structural conditions would

require removing or altering a load-bearing member that is an essential part of the structural frame

or because other existing physical or site constraints prohibit modification or addition of elements,

spaces, or features that are in full and strict compliance with the minimum requirements of the

standard. Compliance is an undue burden where it entails either a significant difficulty or expense or

both.

(f) Exceptions. The following construction related activities are excepted from the requirements of

paragraphs (a) through (d) of this section:

(1) Normal maintenance, re-roofing, painting or wallpapering, or changes to mechanical or electrical

systems are not alterations and the above standards do not apply unless they affect the accessibility

of the building or facility; and

(2) emergency construction (which may entail the provision of plastic sheeting or tents, minor repair

and upgrading of existing structures, rebuilding of part of existing structures, or provision of

temporary structures) intended to be temporary in nature. A portion of emergency construction

assistance may be provided to people with disabilities as part of the process of identifying disasterand crisis-affected people as “most vulnerable.”

752.242-70 Periodic progress reports.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in (48 CFR) AIDAR 742.1170–4(c), insert the following clause in contracts for which

periodic progress reports are required from the contractor. The term “contract” shall be interpreted

as “task order” or “delivery order” when this clause is used in an indefinite-delivery contract.

Periodic Progress Reports (OCT 2007)

(a) The contractor shall prepare and submit progress reports as specified in the contract schedule.

These reports are separate from the interim and final performance evaluation reports prepared by

USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be

used by USAID personnel or their authorized representatives when evaluating the contractor's

performance.

(b) During any delay in furnishing a progress report required under this contract, the contracting

officer may withhold from payment an amount not to exceed US$25,000 (or local currency

equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the

contractor submits the report or the contracting officer determines that the delay no longer has a

detrimental effect on the Government's ability to monitor the contractor's progress.

752.245-70 Government property—USAID reporting requirements.

USAID contracts, except those for commercial items, must contain the following preface and

reporting requirement as additions to the appropriate Government Property clause prescribed by

(48 CFR) FAR 45.107, per a GAO audit recommendation.

Preface: To be inserted preceding the text of the FAR clause.
Government Property—USAID Reporting Requirements (OCT 2017)

(a)

(1) The term Government-furnished property, wherever it appears in the following clause, shall

mean (i) non-expendable personal property owned by or leased to the U.S. Government and

furnished to the contractor, and (ii) personal property furnished either prior to or during the

performance of this contract by any U.S. Government accountable officer to the contractor for use in

connection with performance of this contract and identified by such officer as accountable. All

mobile Information Technology (IT) equipment, including but not limited to, mobile phones (e.g.

smartphones), laptops, tablets, and encrypted devices provided as government furnished property,

title to which vests in the U.S. Government, are considered accountable personal property.

(2) The term Government property, wherever it appears in the following clause, shall mean

Government-furnished property, Contractor acquired mobile IT equipment and non-expendable

personal property title to which vests in the U.S. Government under this contract.

(3) Non-expendable personal property, for purposes of this contract, is defined as personal property

that is complete in itself, does not lose its identity or become a component part of another article

when put into use; is durable, with an expected service life of two years or more; and that has a unit

cost of more than $500.

(b) Reporting Requirement: To be inserted following the text of the (48 CFR) FAR clause.

Reporting Requirements: The Contractor will submit an annual report on all Government property in

a form and manner acceptable to USAID substantially as follows:

Annual Report of Government Property in Contractor's Custody

[Name of Contractor as of (end of contract year), 20XX]

Motor

vehicles

Furniture and

furnishings—

Other

Government

property

A. Value of property as of

last report

B. Transactions during this

reporting period

1. Acquisitions (add):

a. Contractor acquired

property 1

b. Government furnished 2
Motor

vehicles

Furniture and

furnishings—

Other

Government

property

c. Transferred from others,

without reimbursement 3

2. Disposals (deduct):

a. Returned to USAID

b. Transferred to

USAID—Contractor

purchased

c. Transferred to other

Government agencies 3

d. Other disposals 3

C. Value of property as of

reporting date

D. Estimated average age of

contractor held property

Years Years Years Years

1

Property Inventory Verification

I attest that (1) physical inventories of Government property are taken not less frequently than

annually; (2) the accountability records maintained for Government property in our possession are in

agreement with such inventories; and (3) the total of the detailed accountability records maintained

agrees with the property value shown opposite line C above, and the estimated average age of each

category of property is as cited opposite line D above.

Authorized Signature

Name

Title

Date

(End of clause)
752.245-71 Title to and care of property.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in paragraph (a) of (48 CFR) AIDAR 745.107, the following clause must be inserted in

all contracts when the contractor will acquire property under the contract for use overseas and the

contract funds were obligated under a Development Objective Agreement (DOAG) (or similar

bilateral obligating agreement) with the cooperating country.

Title to and Care of Property (APR 1984)

(a) Title to all non-expendable property purchased with contract funds under this contract and used

in the Cooperating Country, shall at all times be in the name of the Cooperating Government, or

such public or private agency as the Cooperating Government may designate, unless title to

specified types or classes of non-expendable property is reserved to USAID under provisions set

forth in the schedule of this contract; but all such property shall be under the custody and control of

Contractor until the owner of title directs otherwise, or completion of work under this contract or its

termination, at which time custody and control shall be turned over to the owner of title or disposed

of in accordance with its instructions. All performance guaranties and warranties obtained from

suppliers shall be taken in the name of the title owner. (Non-expendable property is property which

is complete in itself, does not lose its identity or become a component part of another article when

put into use; is durable, with an expected service life of two years or more; and which has a unit cost

of $500 of more.)

(b) Contractor shall prepare and establish a program, to be approved by the Mission, for the receipt,

use, maintenance, protection, custody, and care of non-expendable property for which it has

custodial responsibility, including the establishment of reasonable controls to enforce such program.

(c)

(1) For non-expendable property to which title is reserved to the U.S. Government under provisions

set forth in the schedule of this contract, Contractor shall submit an annual report on all nonexpendable property under its custody as required in the clause of this contract entitled

“Government Property”.

(2) For non-expendable property titled to the Cooperating Government, the Contractor shall, within

90 days after completion of this contract, or at such other date as may be fixed by the contracting

officer, submit an inventory schedule covering all items of non-expendable property under its

custody, which have not been consumed in the performance of this contract. The Contractor shall

also indicate what disposition has been made of such property.

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

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

As prescribed in 747.507, insert the following clause:

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

(a) Under the provisions of the Cargo Preference Act of 1954 (46 U.S.C. 55305)) at least 50 percent
of the gross tonnage of equipment, materials, or commodities financed by USAID, or furnished

without provision for reimbursement, or at least 50 percent of the gross tonnage of cargo moving

under P.L. 480 financed by the U.S. Department of Agriculture, that may be transported in ocean

vessels (computed separately for dry bulk carriers, dry cargo liners, and tankers) shall be

transported in privately owned U.S.-flag commercial vessels.

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

Administration, USAID applies Cargo Preference requirements on the basis of program that

generally include more than one contract. Thus, the amount of cargo fixed on privately owned U.S.-

flag vessels under this contract may be more or less than the required 50 percent, depending on

current compliance with Cargo Preference requirements.

(c)

(1) The contractor must submit one legible copy of a rated on-board ocean bill of lading for each

shipment to both Office of Cargo and Commercial Sealift, Maritime Administration (MARAD), U.S.

Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, and the U.S.

Agency for International Development (USAID), Bureau for Management, Office of Acquisition and

Assistance, 1300 Pennsylvania Ave. NW., SA–44, Room 859, Washington, DC 20523 as follows:

(i) for PL 480 (Food aid shipments) scanned copies must be sent to: freightedbills@usaid.gov.

(ii) For all Non P.L. 480 (Non Food Aid Shipments) scanned copies must be sent to:

Oceantransportation@USAID.gov.

(iii) For all shipments, scanned copies for MARAD must be sent to: Cargo.MARAD@DOT.gov.

(2) The contractor shall furnish these bill of lading copies within 20 working days of the date of

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

originating outside the United States. Each bill of lading copy shall contain the following

information:

(i) Sponsoring U.S. Government agency.

(ii) Name of vessel.

(iii) Vessel flag registry.

(iv) Date of loading.

(v) Port of loading.

(vi) Port of final discharge.

(vii) Description of commodity.

(viii) Gross weight in kilograms/pounds and volume in liters/cubic feet, if available.

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

752.252-1 AIDAR solicitation provisions incorporated by reference
Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

In accordance with 752.107(a), insert the following clause.

AIDAR Solicitation Provisions Incorporated By Reference (MAR 2015)

This solicitation incorporates one or more provisions by reference, with the same force and effect as

if they were given in full text. Upon request, the contracting officer will make their full text

available. Also, the full text of all AIDAR solicitation provisions is contained in the Code of Federal

Regulations (CFR) located at 48 CFR chapter 7.

752.252-2 AIDAR clauses incorporated by reference

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

In accordance with 752.107(b), insert the following clause.

AIDAR Clauses Incorporated By Reference (MAR 2015)

This contract incorporates one or more clauses by reference, with the same force and effect as if

they were given in full text. Upon request, the contracting officer will make their full text available.

Also, the full text of all AIDAR solicitation provisions and contract clause is contained in the Code of

Federal Regulations (CFR) located at 48 CFR chapter 7.

752.252-70 Provisions and clauses to be completed by the offeror.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

In accordance with 752.107(c), insert the following clause.

Provisions and Clauses To Be Completed by the Offeror (MAR 2015)

The following FAR and AIDAR provisions or clauses incorporated by reference in this solicitation or

contract must be completed by the offeror or prospective contactor and submitted with the

quotation or offer:

NUMBER TITLE DATE

AIDAR (48 CFR chapter 7)

[The contracting officer must list all FAR and AIDAR provisions or clauses incorporated by reference

that must be completed by the offeror or prospective contactor and submitted with the quotation or

offer.]

Subpart 752.70—Texts of USAID Contract Clauses
752.7000 Scope of subpart.

Subpart 752.70 contains the text of USAID-specific contract clauses for which there is no (48 CFR)

FAR equivalent. The clauses in this subpart do not apply to contracts for personal services. For

personal service contract clauses see (48 CFR) AIDAR Appendix D—Direct USAID Contracts with

U.S. Citizens or U.S. Residents for Personal Services Abroad and (48 CFR) AIDAR Appendix

J—Direct USAID Contracts with Cooperating Country Nationals and with Third Country Nationals for

Personal Services Abroad.

752.7001 Biographical data.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause is to be inserted in all USAID cost reimbursement contracts.

Biographical Data (JUL 1997)

The Contractor agrees to furnish to the contracting officer on USAID Form 1420–17, “Contractor

Employee Biographical Data Sheet”, biographical information on the following individuals to be

employed in the performance of the contract: (1) All individuals to be sent outside the United States,

or (2) any employees designated as “key personnel”. Biographical data in the form usually

maintained by the Contractor on the other individuals employed under the contract shall be

available for review by USAID at the Contractor's headquarters. A supply of USAID Form 1420–17

will be provided with this contract. The Contractor may reproduce additional copies as necessary.

752.7002 Travel and transportation.

For use in cost reimbursement contracts performed in whole or in part overseas.

Travel and Transportation (JAN 1990)

(a) General. 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 based on the

applicable cost principles, the Contractor's established policies and procedures, USAID's established

policies and procedures for USAID direct-hire employees, and the particular needs of the project

being implemented by this contract. The following paragraphs provide specific guidance and

limitations on particular items of cost.

(b) International travel. For travel to and from post of assignment the Contractor shall be

reimbursed for travel costs and travel allowances of travelers 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 employee'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

employee's residence) upon completion of services by the individual. Reimbursement for travel will

be in accordance with the applicable cost principles and the provisions of this contract, and will be

limited to the cost of travel by the most direct and expeditious route. If a regular employee 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 that employee and his/her dependents are not reimbursable

hereunder. If the employee 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 employee'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 employee 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 kilograms/pounds of baggage does not exceed that regularly

allowed for first class travelers. Travel allowances for travelers must not be in excess of the rates

authorized in the Department of State Standardized Regulations—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 en route 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 established practice of the Contractor but not to

exceed the amounts stated in the Standardized Regulations.

(c) Local travel. Reimbursement for local travel in connection with duties directly referable to the

contract shall not be in excess of the rates established by the Mission Director for the travel costs of

travelers in the Cooperating Country. In the absence of such established rates the Contractor shall

be reimbursed for actual travel costs of travelers in the Cooperating Country, if not provided by the

Cooperating Government or the Mission, including travel allowances at rates not in excess of those

prescribed by the Standardized Regulations.

(d) Travel for consultation. The Contractor shall be reimbursed for the round trip of the Contractor's

Chief of Party in the Cooperating Country or other designated Contractor employee or consultant in

the Cooperating Country performing services required under this Contract, for travel from the

Cooperating Country to the Contractor's office in the United States or to USAID/Washington for

consultation and return on occasions deemed necessary by the Contractor and approved in advance,

in writing, by the contracting officer or the Mission Director.

(e) Special international travel and third country travel. For special travel which advances the

purpose of the contract, which is not otherwise provided by the Cooperating Government, and with

the prior written approval of the contracting officer or the Mission Director, the Contractor shall be

reimbursed for—

(i) The travel cost of travelers other than between the United States and the Cooperating Country

and for local travel within other countries and

(ii) Travel allowance for travelers while in travel status and while performing services hereunder in

such other countries at rates not in excess of those prescribed by the Standardized Regulations.

(f) 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 United States-flag carriers will be

reimbursable within the above limitation of allowable costs.

(g) Limitation on travel by dependents. Travel costs and allowances will be allowed only for

dependents of regular employees and such costs shall be reimbursed for travel from place of abode

to assigned station in the Cooperating Country and return, only if dependent remains in the country

for at least 9 months or one-half of the required tour of duty of the regular employee responsible for

such dependent, whichever is greater. 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.

(h) Delays en route. The Contractor may grant to travelers under this contract reasonable delays en

route while in travel status when such delays are caused by events beyond the control of such

traveler or Contractor. It is understood that if delay is caused by physical incapacitation, personnel

shall be eligible for such sick leave as provided under the “Leave and Holidays” clause of this

contract.

(i) Travel by privately owned automobile. The Contractor shall be reimbursed for the cost of travel

performed by a regular employee in his/her privately owned automobile 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 automobile, if the automobile 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.

(j) Emergency and irregular travel and transportation. Emergency transportation costs and travel

allowances while en route, as provided in this section will also 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, when the

Contractor's Chief of Party, with the concurrence of the Contracting Officer or Mission Director

makes a written determination that such travel is necessary for one of the reasons specified in

subparagraphs (j)(1)

(i) and (ii) of this section. A copy of the written determination shall be furnished to the contracting

officer.

(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, subject

in either case, to the limitations stated in the clause of this contract entitled “Personnel—Physical

Fitness of Employee and Dependents.” 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's entire team (employees and dependents) or Contractor dependents only, the Contractor

will be reimbursed for travel and transportation expenses and travel allowance while en route, 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/or household effects, etc. Requests for such emergency travel shall be

submitted through the Contractor's Chief of Party.

(k) Home leave travel. To the extent 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 employee'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 applicable

cost principles and the provisions of this contract, and will be limited to the cost of travel by the

most direct and expeditious route. 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 kilograms/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 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 en

route 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 established practice of the

Contractor but not to exceed the amounts stated in the Standardized Regulations.

(l) Rest and recuperation travel. The Contractor shall be reimbursed for the cost of travel performed

by regular employees and dependents for purposes of rest and recuperation provided that such

reimbursement does not exceed that authorized for USAID direct hire employees, and provided

further that no reimbursement will be made unless approval is given by the Contractor's Chief of

party.

(m) Transportation of motor vehicles, personal effects and household goods.

(1) 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 each regular employee,

personal effects of travelers and household goods of each regular employee not to exceed the

limitations in effect for such shipments for USAID direct hire employees in accordance with the

Foreign Service Travel Regulations as in effect when shipment is made.

(2) If a regular employee does not complete one full year at post of duty (except for reasons beyond

his/her control), the costs for transportation of vehicles, effects and goods to and from the post of

duty are not reimbursable hereunder. If the employee serves more than one year but less than the
required service in the Cooperating Country (except for reasons beyond his/her control) the costs for

transportation of vehicles, effects and goods to the post of duty are reimbursable hereunder but the

costs for transportation of vehicles, effects and goods from post of duty 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 as approved by the contracting officer are not reimbursable under this contract.

(3) The cost of transporting motor vehicles and household goods shall not exceed the cost of

packing, crating and transportation by surface. 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 regular employee may

be authorized by the Contractor as replacement of the last such motor vehicle shipped under this

contract for the employee when the Mission Director or his/her designee 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 regular employee. The determination shall be made under the

same rules and regulations that apply to Mission employees.

(n) Unaccompanied baggage. Unaccompanied baggage is considered to be those personal

belongings needed by the traveler immediately upon arrival at destination. To permit the arrival of

effects to coincide with the arrival of regular employees and dependents, consideration should be

given to advance shipments of unaccompanied baggage. The Contractor will be reimbursed for costs

of shipment of unaccompanied baggage (in addition to the weight allowance for household effects)

not to exceed the limitations in effect for USAID direct hire employees in accordance with the

Foreign Service Travel Regulations as in effect when shipment is made.

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 and to short-term employees when these are authorized by the terms

of this contract.

(o) Storage of household effects. The cost of storage charges (including packing, crating, and

drayage costs) in the U.S. of household goods of regular employees will be permitted in lieu of

transportation of all or any part of such goods to the Cooperating Country under paragraph (m)

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.

(p) International ocean transportation.

(1) Flag eligibility requirements for ocean carriage are covered by the “Source and Nationality

Requirements” clause of this contract.

(i) Transportation of goods. Where U.S. flag vessels are not available, or their use would result in a

significant delay, the Contractor must contact the U.S. Agency for International Development

(USAID), Bureau for Management, Office of Acquisition and Assistance, Transportation Division

(M/OAA/T) for required guidance and may obtain a release from this requirement from M/OAA/T.

The contact email address for these matters is Oceantransportation@USAID.gov.

(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 this requirement from the contracting

officer or the Mission Director, as appropriate.

(2) Transportation of foreign-made vehicles. Reimbursement of the costs of transporting a foreign-
made motor vehicle will be made in accordance with the provisions of the Foreign Service Travel

Regulations.

(3) Reduced rates on U.S. flag carriers. Reduced rates on United States flag carriers are in effect for

shipments of household goods and personal effects of USAID contract personnel. These reduced

rates are available provided the shipper states on the bill of lading that the cargo is “Personal

property-not for resale-payment of freight charges is at U.S. Government (USAID) expense and any

special or diplomatic discounts accorded this type cargo are applicable.” The Contractor will not be

reimbursed for shipments of household goods or personal effects in an amount in excess of the

reduced rates available in accordance with the foregoing.

(End of clause)

752.7003 Documentation for payment.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause is required in all USAID direct contracts, excluding fixed price contracts:

Documentation for Payment (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office

indicated in the schedule of this contract. The contracting officer's representative (CTO) is the

authorized representative of the Government to approve vouchers under this contract. The

Contractor must submit either paper or fax versions of the SF–1034—Public Voucher for Purchases

and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID

contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form

provides for the information to be reported with the following elements:

Total Expenditures [Document Number: XXX–X–XX–XXXX–XX]

Line item

No. Description Amt. vouchered todate

Amt. vouchered

this period

001 Product/Service Desc. for

Line Item 001 $XXXX.XX $ XXXX.XX

002 Product/Service Desc. for

Line Item 002 XXXX.XX XXXX.XX

Total XXXX.XX XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative

of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and
any attachments have been prepared from the books and records of the Contractor in accordance

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

due, and all the costs of contract performance (except as herewith reported in writing) have been

paid, or to the extent allowed under the applicable payment clause, will be paid currently by the

Contractor when due in the ordinary course of business; the work reflected by these costs has been

performed, and the quantities and amounts involved are consistent with the requirements of this

Contract; all required contracting officer approvals have been obtained; and appropriate refund to

USAID will be made promptly upon request in the event of disallowance of costs not reimbursable

under the terms of this contract.

BY:

TITLE:

DATE:

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and

control of local currency, if any, provided under this contract. Local currency will be provided to the

Contractor in accordance with written instructions provided by the Mission Director. The written

instructions will also include accounting, vouchering, and reporting procedures. A copy of the

instructions shall be provided to the Contractor's Chief of Party and to the contracting officer. The

costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the

Government of the work and final report, and a satisfactory accounting by the Contractor of all

Government-owned property for which the Contractor had custodial responsibility, the Government

shall promptly pay to the Contractor any moneys (dollars or local currency) due under the

completion voucher. The Government will make suitable reduction for any disallowance or

indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and

next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer

which are required by the provisions of this contract shall be preserved and made available as part

of the Contractor's records which are required to be presented and made available by the clause of

this contract entitled “Audit and Records—Negotiation”.

752.7004 Emergency locator information.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause is to be inserted in all contracts requiring travel overseas.

Emergency Locator Information (JUL 1997)

The Contractor agrees to provide the following information to the Mission Administrative Officer on

or before the arrival in the host country of every contract employee or dependent:

(1) The individual's full name, home address, and telephone number.

(2) The name and number of the contract, and whether the individual is an employee or dependent.
(3) The contractor's name, home office address, and telephone number, including any after-hours

emergency number(s), and the name of the contractor's home office staff member having

administrative responsibility for the contract.

(4) The name, address, and telephone number(s) of each individual's next of kin.

(5) Any special instructions pertaining to emergency situations such as power of attorney designees

or alternate contact persons.

752.7005 Submission requirements for development experience documents.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause must be inserted in all USAID professional/technical contracts in which

development experience documents are likely to be produced.

Submission Requirements for Development Experience Documents (SEP 2013)

(a) Contract Reports and Information/Intellectual Products.

(1) Within thirty (30) calendar days of obtaining the contracting officer representative's approval,

the contractor must submit to USAID's Development Experience Clearinghouse (DEC) one copy each

of reports and information products which describe, communicate or organize program/project

development assistance activities, methods, technologies, management, research, results and

experience. These reports include: Assessments, evaluations, studies, technical and periodic reports,

annual and final reports, and development experience documents (defined as documents that:

(i) Describe the planning, design, implementation, evaluation, and results of development assistance;

and

(ii) Are generated during the life cycle of development assistance programs or activities.) The

contractor must also submit copies of information products including training materials,

publications, videos and other intellectual deliverable materials required under the Contract

Schedule. The following information is not to be submitted:

(A) Time-sensitive materials such as newsletters, brochures or bulletins.

(B) The contractor's information that is incidental to award administration, such as financial,

administrative, cost or pricing, or management information.

(2) Within thirty (30) calendar days after completion of the contract, the contractor must submit to

the DEC any reports that have not been previously submitted and an index of all reports and

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

(b) Submission requirements. The contractor must review the DEC Web site for the most up-to-date

submission instructions, including the DEC address for paper submissions, the document formatting

and the types of documents to be submitted. The submission instructions can be found at:

https://dec.usaid.gov.

(1) Standards.

(i) Material must not include financially sensitive information or personally identifiable information
(PII) such as social security numbers, home addresses and dates of birth. Such information must be

removed prior to submission.

(ii) All submissions must conform to current USAID branding requirements.

(iii) Contract reports and information/intellectual products can be submitted in either electronic

(preferred) or paper form. Electronic documentation must comply with Section 508 of the

Rehabilitation Act of 1973.

(iv) The electronic submissions must consist of only one electronic file, which comprises the

complete and final equivalent of the paper copy.

(v) Electronic documents must be in one of the National Archives and Records Administration

(NARA)-approved formats as described in NARA guidelines related to the transfer of permanent Erecords. (See http://www.archives.gov/records-mgmt/initiatives/transfer-to-nara.html).

(2) Essential bibliographic information. Descriptive information is required for all contractor

products submitted. The title page of all reports and information products must include the contract

number(s), contractor name(s), name of the USAID contracting officer's representative, the

publication or issuance date of the document, document title, (if non-English, provide an English

translation of the title), author name(s), and development objective or activity title (if non-English,

provide a translation) and associated number, and language of the document (if non-English). In

addition, all hard copy materials submitted in accordance with this clause must have, attached as a

separate cover sheet, the name, organization, address, telephone number, fax number, and internet

address of the submitting party.

752.7006 Notices.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause shall be used in all USAID contracts.

Notices (APR 1984)

Any notice given by any of the parties hereunder shall be sufficient only if in writing and delivered in

person or sent by telegraph, cable, or registered or regular mail as follows:

To USAID: Administrator, U.S. Agency for International Development, Washington, DC 20523–0061.

Attention: Contracting Officer (the name of the cognizant contracting officer with a copy to the

appropriate Mission Director).

To Contractor: At Contractor's address shown on the cover page of this contract, or to such other

address as either of such parties shall designate by notice given as herein required. Notices

hereunder shall be effective when delivered in accordance with this clause or on the effective date of

the notice, whichever is later.

752.7007 Personnel compensation.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.
The following clause shall be used in all USAID cost-reimbursement contracts.

Personnel Compensation (JUL 2007)

(a) Direct compensation of the Contractor's personnel will be in accordance with the Contractor's

established policies, procedures, and practices, and the cost principles applicable to this contract.

(b) Reimbursement of the employee's base annual salary plus overseas recruitment incentive, if any,

which exceed the USAID Contractor Salary Threshold (USAID CST) stated in USAID Automated

Directives System (ADS) Chapter 302 USAID Direct Contracting, must be approved in writing by the

contracting officer, as prescribed in 731.205–6(b) or 731.371(b), as applicable.

752.7008 Use of Government facilities or personnel.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause is for use in all USAID non-commercial contracts.

Use of Government Facilities or Personnel (APR 1984)

(a) The Contractor and any employee or consultant of the Contractor is prohibited from using U.S.

Government facilities (such as office space or equipment) or U.S. Government clerical or technical

personnel in the performance of the services specified in the contract, unless the use of Government

facilities or personnel is specifically authorized in the contract, or is authorized in advance, in

writing, by the contracting officer.

(b) If at any time it is determined that the Contractor, or any of its employees or consultants have

used U.S. Government facilities or personnel without authorization either in the contract itself, or in

advance, in writing, by the contracting officer, then the amount payable under the contract shall be

reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the

Contractor, as determined by the contracting officer.

(c) If the parties fail to agree on an adjustment made pursuant to this clause, it shall be considered a

dispute, and shall be dealt with under the terms of the clause of this contract entitled “Disputes”.

752.7009 Marking.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

The following clause is for use in all USAID contracts performed in whole or in part overseas.

Marking (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project

construction sites and other project locations be suitably marked with the USAID emblem. Shipping

containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain,

etc.), or for semifinished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of
commodities to be shipped, and as early as possible for project construction sites and other project

locations. This guidance will be provided through the cognizant technical office indicated on the

cover page of this contract, or by the Mission Director in the Cooperating Country to which

commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators,

and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to

the contracting officer; the original should be retained by the Contractor.

752.7010 Conversion of U.S. dollars to local currency.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in all USAID non-commercial contracts involving performance overseas.

Conversion of U.S. Dollars to Local Currency (APR 1984)

Upon arrival in the Cooperation Country, and from time to time as appropriate, the Contractor's

Chief of Party shall consult with the Mission Director who shall provide, in writing, the procedure

the Contractor and its employees shall follow in the conversion of United States dollars to local

currency. This may include, but is not limited to, the conversion of said currency through the

cognizant U.S. Disbursing Officer or Mission Controller, as appropriate.

752.7011 Orientation and language training.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in all USAID cost-reimbursement contracts involving performance overseas.

Orientation and Language Training (APR 1984)

(a) Regular employees shall receive a maximum of 2 weeks USAID sponsored orientation before

travel overseas. The dates of orientation shall be selected by the Contractor from the orientation

schedule provided by USAID.

(b) Participation in USAID sponsored orientation in no way relieves the Contractor of its

responsibility for assuring that all employees, regular and short-term, are properly oriented. As an

addition to or substitution for USAID's sponsored orientation for regular employees, the following

types of orientation may be authorized taking into consideration specific job requirements, the

employee's prior overseas experience, or unusual circumstances.

(1) Modified orientation.

(2) Language training, particularly when significant for operating capabilities.

(3) Orientation and language training for regular employee's dependents.

(4) Contractor-sponsored orientation.
(5) Orientation in all matters related to the administrative, logistical, and technical aspects of the

employee's movement to, and tour of duty in, the Cooperating Country.

(c) Authorization for an additional or alternate orientation program, if any, shall be either set forth in

the schedule or provided in writing by the contracting officer.

(d) Travel expenses not to exceed one round trip from regular employee's residence to place of

orientation and return will be reimbursed, pursuant to the cost principles applicable to this contract.

Allowable salary costs during the period of orientation are also reimbursable.

752.7012 Protection of the individual as a research subject.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

This clause is for use in any USAID contract which involves research using human subjects.

Protection of the Individual as a Research Subject (AUG 1995)

(a) Safeguarding the rights and welfare of human subjects in research conducted under a USAID

contract is the responsibility of the contractor. USAID has adopted the Common Federal Policy for

the Protection of Human Subjects. USAID's Policy is found in Part 225 of Title 22 of the Code of

Federal Regulations (the “Policy”). Additional interpretation, procedures, and implementation

guidance of the Policy are found in USAID General Notice entitled “Procedures for the Protection of

Human Subjects in Research Supported by USAID”, issued April 19, 1995, as from time to time

amended (a copy of which is attached to this contract). USAID's Cognizant Human Subjects Officer

(CHSO) and USAID/W has oversight, guidance, and interpretation responsibility for the Policy.

(b) Contractors must comply with the Policy when humans are the subject of research, as defined in

22 CFR 225.102(d), performed as part of the contract, and contractors must provide “assurance”, as

required by 22 CFR 225.103, that they follow and abide by the procedures in the Policy. See also

Section 5 of the April 19, 1995, USAID General Notice which sets forth activities to which the Policy

is applicable. The existence of a bona fide, applicable assurance approved by the Department of

Health and Human Services (HHS) such as the “multiple project assurance” (MPA) will satisfy this

requirement. Alternatively, contractors can provide an acceptable written assurance to USAID as

described in 22 CFR 225.103. Such assurances must be determined by the CHSO to be acceptable

prior to any applicable research being initiated or conducted under the contract. In some limited

instances outside the U.S., alternative systems for the protection of human subjects may be used

provided they are deemed “at least equivalent” to those outlined in part 225 (see 22 CFR

225.101(h)). Criteria and procedures for making this determination are described in the General

Notice cited in the preceding paragraph.

(c) Since the welfare of the research subject is a matter of concern to USAID as well as to the

contractor, USAID staff, consultants and advisory groups may independently review and inspect

research, and research processes and procedures involving human subjects, and based on such

findings, the CHSO may prohibit research which presents unacceptable hazards or otherwise fails to

comply with USAID procedures. Informed consent documents must include the stipulation that the

subject's records may be subject to such review.
752.7013 Contractor-mission relationships.

For use in all USAID contracts involving performance overseas. Note that paragraph (f) of this

clause is applicable only in contracts with an educational institution.

Contractor-Mission Relationships (OCT 1989)

(a) The Contractor acknowledges that this contract is an important part of the United States Foreign

Assistance Program and agrees that its operations and those of its employees in the Cooperating

Country will be carried out in such a manner as to be fully commensurate with the responsibility

which this entails.

(b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this

capacity, he/she is responsible for both 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 United States

Foreign Assistance Program. Although the Contractor will be responsible for all professional,

technical, and administrative details of the work called for by the contract, it shall be under the

guidance of the Mission Director in matters relating to foreign policy. The Chief of Party shall keep

the Mission Director currently informed of the progress of the work under the contract.

(c) In the event the conduct of any Contractor employee is not in accordance with the preceding

paragraphs, the Contractor's Chief of Party shall consult with the Mission Director and the employee

involved and shall recommend to the Contractor a course of action with regard to such employee.

(d) The parties recognize the right of the U.S. Ambassador to direct the removal from a country of

any U.S. citizen or the discharge from this contract of any third-country national or cooperatingcountry national when, at the discretion of the Ambassador, the interests of the United States so

require. Under these circumstances termination of an employee and replacement by an acceptable

substitute shall be at no cost to USAID.

(e) If it is determined that the services of such employee shall be terminated, the Contractor shall

use its best efforts to cause the return of such employee to the United States or point of origin as

appropriate.

[The following paragraph (f) is applicable if the contract is with an educational institution:]

(f) It is understood by the parties that the Contractor's responsibilities shall not be restrictive of

academic freedom. Notwithstanding these academic freedoms, the Contractor's employees, while in

the Cooperating Country, are expected to show respect for its conventions, customs, and

institutions, to abide by applicable laws and regulations, and not to interfere in its internal political

affairs.

(End of clause)

752.7014 Notice of changes in travel regulations.

The following clause is for use in cost-reimbursement contracts involving work overseas.

Notice of Changes in Travel Regulations (JAN 1990)
(a) Changes in travel, differential, and allowance regulations shall be effective on the beginning of

the Contractor's next pay period following the effective date of the change as published in the

applicable travel regulations (the Department of State Standardized Regulations, Foreign Service

Travel Regulations).

(b)

(1) Department of State Standardized Regulations are available at:

http://aoprals.state.gov/content.asp?content_id=231&menu_id=92.

(2)Foreign Service Travel Regulations are available at: 14 FAM 500:

http://www.state.gov/m/a/dir/regs/fam/14fam/500/index.htm.

(3) Federal Travel Regulations are available at:

http://www.gsa.gov/portal/content/104790?utm_source=OGP&utm_medium=prin....

(c) Information regarding these regulations as referenced in the “Travel and Transportation” clause

of this contract may be obtained from the contracting officer.

(End of clause)

752.7015 Use of pouch facilities.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in all USAID non-commercial contracts exceeding the simplified acquisition threshold and

involving performance overseas.

Use of Pouch Facilities (JUL 1997)

(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)(7) of this clause; 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 and its employees agree to indemnify and hold harmless the Department of

State and USAID against loss or damage occurring in pouch transmission.

(1) Contractors and their employees are authorized use of the pouch for transmission and receipt of

up to a maximum of 0.9 kilogram/2 pounds per shipment of correspondence and documents needed

in the administration of foreign assistance programs.

(2) U.S. citizen employees of U.S. contractors are authorized use of the pouch for personal mail up to

a maximum of 0.5 kilogram/one pound per shipment (but see paragraph (a)(3) of this section).

(3) Merchandise, parcels, magazines, or newspapers are not considered to be personal mail for

purposes of this clause, and are not authorized to be sent or received by pouch.

(4) Official mail as authorized by paragraph (a)(1) of this clause should be addressed as follows:

Individual or Organization name, followed by the symbol “C”, city Name of Post, U.S. Agency for

International Development, Washington, DC 20523–0001.
(5) Personal mail pursuant to paragraph (a)(2) of this clause should be sent to the address specified

in paragraph (a)(4) of this clause, but without the name of the organization.

(6) 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.

(7) USAID contractor personnel are not authorized use of military postal facilities (APO/FPO). This is

an Adjutant General's decision based on existing laws and regulations governing military postal

facilities and is being enforced worldwide. Posts having access to APO/FPO facilities and using such

for diplomatic pouch dispatch, may, however, accept official mail from Contractors and letter mail

from their employees for the pouch, provided of course, adequate postage is affixed.

(b) The Contractor shall be responsible for advising its employees of this authorization and 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.

752.7016-752.7017 [Reserved]

752.7018 Health and accident coverage for USAID participant trainees.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in any USAID contract under which USAID participants are trained.

Health and Accident Coverage for USAID Participant Trainees (JAN 1999)

(a) In accordance with the requirements of USAID Automated Directive System (ADS) 253, the

Contractor shall enroll all non-U.S. trainees (hereinafter referred to as “participants”), whose

training in the U.S. is financed by USAID under this contract, in USAID's Health and Accident

Coverage (HAC) program. Sponsored trainees enrolled in third-country or in-country training events

are not eligible for USAID's HAC program, but the Contractor may obtain alternative local medical

and accident insurance at contract expense, provided the cost is consistent with the cost principles

in (48 CFR) FAR 31.2.

(b) When enrollment in the HAC program is required per paragraph (a) of this clause, the Contractor

must enroll each participant in the HAC program through one of two designated contractors prior to

the initiation of travel by the participant. USAID has developed an Agency-wide database training

management system, the Training Results and Information Network (“TraiNet”), which is the

preferred system for managing USAID's participant training program, including enrollment in the

HAC program. However, until such time as the USAID sponsoring unit (as defined in ADS 253) has

given the Contractor access to USAID's “TraiNet” software for trainee tracking and HAC enrollment,

the Contractor must fill out and mail the Participant Data Form (PDF) (Form USAID 1381–4) to

USAID. The Contractor can obtain information regarding each HAC program contractor, including

contact information, and a supply of the PDF forms and instructions for completing and submitting

them, by contacting the data base contractor serving the Director, Bureau for Economic Growth,

Education and Environment, Office of Education (E3/ED).

(c) The Contractor must ensure that HAC enrollment begins immediately upon the participant's
departure for the United States for the purpose of participating in a training program financed by

USAID, and that enrollment continues in full force and effect until the participant returns to his/her

country of origin, or is released from USAID's responsibility, whichever is the sooner.

(1) The HAC insurance provider, not the Contractor, shall be responsible for paying all reasonable

and necessary medical reimbursement charges not otherwise covered by student health service or

other insurance programs, subject to the availability of funds for such purposes, in accordance with

the standards of coverage established by USAID under its HAC program and by the HAC providers'

contracts.

(2) After HAC enrollment, upon receipt of HAC services invoice from the selected HAC provider, the

Contractor shall submit payment directly to the HAC provider.

(3) The Contractor is responsible for ensuring that participants and any stakeholders (as defined in

ADS 253) are advised that USAID is not responsible for any medical claims in excess of the

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

HAC program, or not otherwise covered in this section.

(d) The Contractor, to the extent that it is an educational institution with a mandatory student health

service program, shall also enroll participants in that institution's student health service program.

Medical costs which are covered under the institution's student health service shall not be eligible

for payment under USAID's HAC program.

(e) If the Contractor has a mandatory, non-waivable health and accident insurance program for

students, the costs of such insurance will be allowable under this contract. Any claims eligible under

such insurance will not be payable under USAID's HAC plan or under this contract. Even though the

participant is covered by the Contractor's mandatory, non-waivable health and accident insurance

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

(f) Medical conditions pre-existing to the participant's sponsorship for training by USAID, discovered

during the required pre-departure medical examination, are grounds for ineligibility for sponsorship

unless specifically waived by the sponsoring unit, and covered through a separate insurance policy

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

employer (which thereby assumes liability for any related charges that might materialize. See ADS

253).

752.7019 Participant training.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in any USAID direct contract involving training of USAID participants.

Participant Training (JAN 1999)

(a) Definitions.

(1) Participant training is the training of any foreign national outside of his or her home country,

using USAID funds.

(2) A Participant is any foreign national being trained under this contract outside of his or her

country.
(b) Applicable regulations. Participant training conducted under this contract shall comply with the

policies and essential procedures pertaining to training-related services contained in USAID

Automated Directive System (ADS) Ch. 253 “Training for Development Impact”. Any exceptions to

ADS 253 requirements are specified as such within this contract. The entire ADS is accessible to the

general public at the following USAID Internet address: http://www.usaid.gov/policy/ads/.

(c) The contractor shall be reimbursed for the reasonable and allocable costs incurred in providing

training to participants in the United States or other approved location provided such costs do not

exceed the limitations in, or have been waived in accordance with, ADS 253.

Note:

Academic rates are available through a special website monitored by the United States Information

Agency. The website for academic programs is: http://www.iie.org/fulbright/posts/restrict. U.S.-

based participants receive the standardized U.S. travel per diem rates maintained by GSA for shortterm training (website: http://policyworks.gov).

752.7020 [Reserved]

752.7021 Changes in tuition and fees.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in contracts for participant training with an educational institution.

Changes in Tuition and Fees (APR 1984)

While educational programs for participants will be established utilizing the Contractor's currently

applicable tuition and fee schedule, the parties understand that such standard tuition and fees may

be subject to change during the course of the program. If such event results in an increase in the

cost of the program, USAID agrees to pay such increased standard tuition and fees in the next

applicable academic term as a condition for the continuation of the program. If such change results

in a decrease in the cost of the program, the Contractor agrees to charge to USAID only the amount

of such revised standard tuition and fees in the next applicable academic term. The Contractor shall

undertake to keep USAID currently advised as to changes in its standard tuition and fees. At such

time as increases in the amounts of tuition and fees results in there being inadequate funds

remaining in this contract to meet the costs of the next academic term, the Contractor will so advise

USAID. USAID may then provide such additional funds as required to complete the program.

752.7022 Conflicts between contract and catalog.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in contracts for participant training with an educational institution.

Conflicts Between Contract and Catalog (APR 1984)

In the event of any inconsistency between the provisions of this contract and any catalog, or other

document incorporated in this contract by reference or otherwise or any of the Contractor's rules
and regulations, the provisions of this contract shall govern.

752.7023 Required visa form for USAID participants.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in any USAID direct contract which involves training of USAID participants.

Required Visa Form for USAID Participants (APR 1984)

The Contractor shall insure that any foreign student brought to the United States for training under

this contract uses visa form IAP 66A “Certificate for Exchange Visitor (J–1) Status”.

752.7024 Withdrawal of students.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

For use in contracts for participant training with an educational institution.

Withdrawal of Students (APR 1984)

(a) The Government may, at its option and at any time, withdraw any student.

(b) The Contractor may request withdrawal by the Government of any student for academic or

disciplinary reasons.

(c) If such withdrawal occurs prior to the end of a term, the Government shall pay any tuition and

fees due for the current term in which the student may be enrolled, and the Contractor shall credit

the Government with any charges eligible for refund under the Contractor's standard procedures for

civilian students in effect on the effective date of such withdrawal.

(d) Withdrawal of students by the Government shall not be the basis for any special charge or claim

by the Contractor other than as provided by the Contractor's standard procedures.

752.7025 Approvals.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in all USAID contracts.

Approvals (APR 1984)

All approvals required to be given under the contract by the contracting officer or the Mission

Director shall be in writing and, except when extraordinary circumstances make it impracticable,

shall be requested by the Contractor sufficiently in advance of the contemplated action to permit

approval, disapproval or other disposition prior to that action. If, because of existing conditions, it is

impossible to obtain prior written approval, the approving official may, at his discretion, ratify the

action after the fact.
752.7026 [Reserved]

752.7027 Personnel.

For use in all USAID services contracts involving performance overseas. Note that paragraphs (f)

and (g) of this clause are for use only in cost reimbursement contracts.

Personnel (DEC 1990)

(a) Clearance.

(1) Individuals engaged or assigned within the United States. The contractor will obtain written

notification from the contracting officer of Cooperating Country clearance of any employee sent

outside the United States to perform duties under this contract.

(2) Individuals engaged or assigned when outside the United States. No individual shall be engaged

or assigned when outside the United States to perform work outside the United States under this

contract unless authorized in the schedule or otherwise approved by the contracting officer or

Mission Director. However, when services are performed in the Cooperating Country on a casual or

irregular basis or in an emergency, exception to this provision can be made in accordance with

instructions or regulations established by the Mission Director.

(b) Physical fitness of employees and dependents. See the clause of this contract entitled Physical

Fitness.

(c) Conformity to laws and regulations of Cooperating Country. Contractor agrees to use its best

efforts to assure that its employees and their dependents, while in the Cooperating Country, abide

by all applicable laws and regulations of the Cooperating Country and political subdivisions thereof.

(d) Importation or sale of personal property or automobiles. To the extent permitted by Cooperating

Country laws, the importation and sale of personal property or automobiles by contractor employees

and their dependents in the Cooperating Country shall be subject to the same limitations and

prohibitions which apply to U.S. nationals employed by the Mission. This provision does not apply to

employees or consultants who are citizens or legal residents of the Cooperating Country.

(e) Economic and financial activities. Other than work to be performed under this contract for which

an employee or consultant is assigned by the contractor, no such employee or consultant of the

contractor shall engage, directly or indirectly, either in his/her own name or in the name or through

the agency of another person, in any business, profession or occupation in the Cooperating Country

or other foreign countries to which he/she is assigned, nor shall he make loans or investments to or

in any business, profession or occupation in the Cooperating Country or other foreign countries in

which he/she is assigned. This provision does not apply to employees or consultants who are citizens

or legal residents of the Cooperating Country.

[The following paragraphs (f) and (g) are applicable only to cost reimbursement contracts.]

(f) Duration of appointments.

(1) Regular employees will normally be appointed for a minimum of 2 years which period includes

orientation (less language training) in the United States and authorized international travel under

the contract except:
(i) An appointment may be made for less than 2 years if the contract has less than 2 years but more

than 1 year to run provided that if the contract is extended the appointment shall also be extended

to the full 2 years. This provision shall be reflected in the employment agreement prior to

employment under this contract.

(ii) When a 2-year appointment is not required, appointment may be made for less than 2 years but

in no event less than 1 year.

(iii) When the normal tour of duty established for USAID personnel at a particular post is less than 2

years, then a normal appointment under this contract may be of the same duration.

(iv) When the contractor is unable to make appointments of regular employees for a full 2 years, the

contractor may make appointments of less than 2 but not less than 1 year, provided that such

appointment is approved by the contracting officer.

(2) Services required for less than 1 year will be considered short-term appointments and the

employee will be considered a short-term employee.

(g) Employment of dependents. If any person who is employed for services in the Cooperating

Country under this contract is either

(1) a dependent of an employee of the U.S. Government working in the Cooperating Country, or (2) a

dependent of a contractor employee working under a contract with the U.S. Government in the

Cooperating Country, such person shall continue to hold the status of a dependent. He or she shall

be entitled to salary for the time services are actually performed in the Cooperating Country, and

differential and allowances as established by the Standardized Regulations (Government Civilians,

Foreign Areas).

(End of clause)

752.7028 Differential and allowances.

Link to an amendment published at 89 FR 4208, Jan. 23, 2024.

The following clause is for use in all USAID cost reimbursement contracts performed in whole or in

part overseas.

Differentials and Allowances (JUL 1996)

(This clause does not apply to TCN or CCN employees. TCN and CCN employees are not eligible for

differentials and allowances, unless specifically authorized by the cognizant Assistant Administrator

or Mission Director. A copy of such authorization shall be retained and made available as part of the

contractor's records which are required to be preserved and made available by the “Examination of

Records by the Comptroller General” and “Audit” clauses of this contract).

(a) 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 regular employees of 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 en route to the United States.

Sick or vacation 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 post differential beginning with the forty-third

(43rd) day at post.

(b) 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 be reimbursed for payments made to employees for a living quarters

allowance for 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, short-term 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.

(c) Temporary quarters subsistence allowance. Temporary quarters subsistence allowance is a

quarters allowance granted to an employee for the reasonable cost of temporary quarters incurred

by the employee and his family for a period not in excess of (i) 90 days 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) 30 days immediately preceding final departure from the post subsequent to the

necessary vacating of residence quarters, unless an extension is authorized in writing by the Mission

Director. The Contractor will be reimbursed for payments made to employees and authorized

dependents for temporary quarters subsistence allowance, 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.

(d) 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 be reimbursed for payments made to employees for post

allowance 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.

(e) 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 be reimbursed for payments made to employees

for supplemental post allowance not to exceed the amount set forth in the Standardized Regulations

(Government Civilians, Foreign Areas), Chapter 230, as from time to time amended.

(f) Educational allowance. Educational allowance is an allowance to assist an employee 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 be reimbursed for payments made to regular employees for

educational allowances for their dependent children in amounts not to exceed those set forth in the

Standardized (Regulations Government Civilians, Foreign Areas), Chapter 270, as from time to time

amended.

(g) 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 be reimbursed for payments made to regular employees for educational travel for their

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 regular employees

whose assignment is less than two years.

(h) 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 be reimbursed for payments made to regular employees for a

separate maintenance allowance not to exceed that made to Aid employees in accordance with the

Standardized Regulations (Government Civilians, Foreign Areas), Chapter 260, as from time to time

amended.

(i) 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 be reimbursed for payments made to employees 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.

(j) Danger pay allowance.

(1) The contractor will be reimbursed for payments made to its employees for danger pay 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.

(2) Danger pay is an allowance that provides additional compensation above basic compensation to

an employee in a foreign area 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.
752.7029 Post privileges.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in all USAID non-commercial contracts involving performance overseas.

Post Privileges (JUL 1993)

(a) Routine health room services may be available, subject to post policy, 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 or end of tour medical 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 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.

(b) Privileges such as the use of APO, PX's, commissaries, and officer's clubs are established at posts

abroad pursuant to agreements between the U.S. and Cooperating 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 nonofficial Americans.

752.7030 Inspection trips by contractor's officers and executives.

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in cost reimbursement contracts with an educational institution involving performance

overseas.

Inspection Trips by Contractor's Officers and Executives (APR 1984)

Provided it is approved by the Mission Director, the Contractor may send the Campus Coordinator, a

professional member of its staff as an alternate to the Campus Coordinator, or such of its senior

officials (e.g., president, vice presidents, deans, or department heads) to the Cooperating Country as

may be required to review the progress of the work under this contract. Except for the Campus

Coordinator or his/her alternate, no direct salary charges will be paid hereunder with respect to any

such officials.

752.7031 Leave and holidays.

For use in all USAID cost-reimbursement contracts for technical or professional services.

Leave and Holidays (OCT 1989)

(a) Vacation leave.

(1) The Contractor may grant to its employees working under this contract vacations of reasonable

duration in accordance with the Contractor's practice for its employees, but in no event shall such
vacation leave be earned at a rate exceeding 26 work days per annum. Reimbursement for vacation

leave is limited to the amount earned by employees while serving under this contract.

For regular employees during their tour of duty in the Cooperating Country, vacation leave is

provided under this contract primarily for purposes of affording necessary rest and recreation. The

Contractor's Chief of Party, the employee and the Cooperating Country institution associated with

this project shall develop vacation leave schedules early in the employee's tour of duty taking into

consideration project requirements, employee preference and other factors.

(2) Leave taken during the concluding weeks of an employee's tour shall be included in the

established leave schedule and be limited to that amount of leave which can be earned during a

twelve-month period unless approved in accordance with paragraph (a)(3) of this clause.

(3) Vacation leave earned but not taken by the end of the employee's tour pursuant to paragraphs (a)

(1) and (2) of this clause will be forfeited unless the requirements of the project precluded the

employee from taking such leave, and the contracting officer (with the endorsement of the Mission)

approves one of the following as an alternative:

(i) Taking, during the concluding weeks of the employee's tour, leave not permitted under (a)(2) of

this section, or

(ii) Lump-sum payment for leave not taken provided such leave does not exceed the number of days

which can be earned by the employee during a twelve-month period.

(b) Sick Leave. Sick leave is earned by employees in accordance with the Contractor's usual practice

but not to exceed 13 work days per annum or 4 hours every 2 weeks. Additional sick leave after use

of accrued vacation leave may be advanced in accordance with Contractor's usual practice, if in the

judgment of the Contractor's Chief of Party it is determined that such additional leave is in the best

interest of the project. In no event shall such additional leave exceed 30 days. The Contractor agrees

to reimburse USAID for leave used in excess of the amount earned during the employee's

assignment under this contract. Sick leave earned and unused at the end of a regular tour of duty

may be carried over to an immediately-succeeding tour of duty under this contract. The use of home

leave authorized under this clause shall not constitute a break in service for the purpose of sick

leave carry-over. Contractor employees will not be compensated for unused sick leave at the

completion of their duties under this contract.

(c) Home leave.

(1) Home leave is leave earned for service abroad for use only in the United States, in the

Commonwealth of Puerto Rico, or in the possessions of the United States.

(2) A regular employee who is a U.S. citizen or resident and has served at least 2 years overseas, as

defined in paragraph (c)(4) of this clause, under this contract and has not taken more than 30

workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home

leave of not more than 15 workdays for each such year of service overseas, provided that such

regular employee agrees to return overseas upon completion of home leave under an additional 2

year appointment, or for a shorter period of not less than 1 year of overseas service under the

contract if the Mission Director has approved in advance. Home leave must be taken in the United

States, the Commonwealth of Puerto Rico, or the possessions of the United States; any days spent

elsewhere will be charged to vacation leave or leave without pay.

(3) Notwithstanding the requirement in paragraph (c)(2), of this clause, that the Contractor's regular

employee must have served 2 years overseas under this contract to be eligible for home leave,
Contractor may grant advance home leave to such regular employee subject to all of the following

conditions:

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

objectives of this contract;

(ii) The regular employee shall have served a minimum of 18 months in the Cooperating Country on

his/her current tour of duty under this contract; and

(iii) The regular employee shall have agreed to return to the Cooperating Country to serve out the

remainder of his/her current tour of duty and an additional 2 year appointment under this contract,

or such other additional appointment of not less than 1 year of overseas service as the Mission

Director may approve.

(4) The period of service overseas required under paragraph (c)(2) or paragraph (c)(3) of this clause

shall include the actual days spent in orientation in the United States (less language training) and

the actual days overseas beginning on the date of departure from the United States port of

embarkation on international travel and continuing, inclusive of authorized delays en route, to the

date of arrival at the United States port of debarkation from international travel. Allowable vacation

and sick leave taken while overseas, but not leave without pay, shall be included in the required

period of service overseas. An amount equal to the number of days vacation and sick leave taken in

the United States, the Commonwealth of Puerto Rico, or the possessions of the United States will be

added to the required period of service overseas.

(5) Salary during travel to and from the United States for home leave will be limited to the time

required for travel by the most expeditious air route. The Contractor will be responsible for

reimbursing USAID for salary payments made during home leave if in spite of the undertaking of the

new appointment the regular employee, except for reasons beyond his/her control as determined by

the contracting officer, does not return overseas and complete the additional required service.

Unused home leave is not reimbursable under this contract.

(6) To the extent deemed necessary by the Contractor, regular employees in the United States on

home leave may be authorized to spend not more than 5 days in work status for consultation at home

office/campus or at USAID/Washington before returning to their post of duty. Consultation at

locations other than USAID/Washington or home office/campus, as well as any time in excess of 5

days spent for consultation, must be approved by the Mission Director or the contracting officer.

(7) Except as provided in the schedule or approved by the Mission Director or the contracting

officer, home leave is not authorized for TCN or CCN employees.

(d) Holidays. Holidays for Contractor employees serving in the United States shall be in accordance

with the Contractor's established policy and practice. Holidays for Contractor employees serving

overseas should take into consideration local practices and shall be established in collaboration with

the Mission Director.

(e) Military leave. Military leave of not more than 15 calendar days in any calendar year may be

granted in accordance with the Contractor's usual practice to each regular employee whose

appointment is not limited to 1 year or less and who is a reservist of the United States Armed

Forces, provided that such military leave has been approved in advance by the cognizant Mission

Director or Assistant Administrator. A copy of any such approval shall be provided to the contracting

officer.

(f) Leave Records. The Contractor's leave records shall be preserved and made available as part of
the contractor's records which are required to be preserved and made available by the Examination

of Records by the Comptroller General and Audit clauses of this contract.

(End of clause)

752.7032 International travel approval and notification requirements (APR

2014).

Link to an amendment published at 89 FR 4209, Jan. 23, 2024.

For use in any USAID contract requiring international travel.

International Travel Approval and Notification Requirements (APR 2014)

Prior written approval by the contracting officer, or the contracting officer's representative (COR) if

delegated in the Contracting Officer's Representative Designation Letter, is required for all

international travel directly and identifiably funded by USAID under this contract. The Contractor

must therefore present to the contracting officer or the contracting officer's representative, an

itinerary for each planned international trip, showing the name of the traveler, purpose of the trip,

origin/destination (and intervening stops), and dates of travel, as far in advanced of the proposed

travel as possible, but in no event less than three weeks before travel is planned to commence. The

contracting officer's or contracting officer's representative's (if delegated by the contracting officer)

prior written approval may be in the form of a letter or telegram or similar device or may be

specifically incorporated into the schedule of the contract. At least one week prior to commencement

of approved international travel, the Contractor must notify the cognizant Mission, with a copy to the

contracting officer or contracting officer's representative, of planned travel, identifying the travelers

and the dates and times of arrival.

752.7033 Physical fitness.

For use in all USAID contracts involving performance overseas.

Physical Fitness (JUL 1997)

(The requirements of this provision do not apply to employees hired in the Cooperating Country or to

authorized dependents who were already in the Cooperating Country when their sponsoring

employee was hired.)

(a) Assignments of less than 60 days in the Cooperating Country. The contractor shall require

employees being assigned to the Cooperating Country for less than 60 days to be examined by a

licensed doctor of medicine. The contractor shall require the doctor to provide to the contractor a

written statement that in his/her medical opinion the employee is physically qualified to engage in

the type of activity for which he/she is employed and the employee is physically able to reside in the

country to which he/she is assigned. Under a cost reimbursement contract, if the contractor has no

written statement of medical opinion on file prior to the departure for the Cooperating Country of

any employee and such employee is unable to perform the type of activity for which he/she is

employed or cannot complete his/her tour of duty because of any physical disability (other than

physical disability arising from an accident while employed under this contract), the contractor shall

be responsible for returning the disabled employee to his/her point of hire and providing a
replacement at no additional cost to the Government. In addition, in the case of a cost

reimbursement contract, the contractor shall not be entitled to reimbursement for any additional

costs attributable to delays or other circumstances caused by the employee's inability to complete

his/her tour of duty.

(b) Assignments of 60 days or more in the Cooperating Country.

(1) The contracting officer shall provide the contractor with a reproducible copy of the “USAID

Contractor Employee Physical Examination Form”. Information required by the Paperwork

Reduction Act for reporting the burden estimate, the points of contact regarding burden estimate,

and the OMB approval expiration date, are printed on the form. The contractor shall reproduce the

form as required, and provide a copy to each employee and authorized dependent proposed for

assignments of 60 days or more in the Cooperating Country. The contractor shall have the employee

and all authorized dependents obtain a physical examination from a licensed physician, who will

complete the form for each individual. The employee will deliver the physical examination form(s) to

the embassy health unit in the Cooperating Country.

(2) (The following information is provided for two purposes: To assist fixed price offerors to develop

their price proposal, and to provide cost reimbursement contractors with guidance in determining

reasonable and allowable costs.) As a contribution to the cost of medical examinations, USAID shall

reimburse the contractor for the physical examination authorized in paragraph (a) of this section in

an amount not to exceed $100 for the physical examination, plus reimbursement of charges for

immunizations to the extent not covered by the contractor's health insurance policy. For physical

examinations authorized in paragraph (b)(1) above, the USAID contribution to the cost of the

examination shall be as follows:

(i) For the employee and authorized dependents 12 years of age and over, one half of the cost of

each examination up to a maximum USAID share of $300 per individual, plus reimbursement of

charges for immunizations to the extent not covered by the contractor's health insurance policy.

(ii) For authorized dependents under 12 years of age, one half of the cost of each examination up to

a maximum USAID share of $120 per individual, plus reimbursement of charges for immunizations

to the extent not covered by the contractor's health insurance policy.

(iii) The contractor must obtain the prior written approval of the contracting officer to receive any

USAID contributions higher than these limits.

(End of clause)

752.7034 Acknowledgement and disclaimer.

For use in any USAID contract which funds or partially funds publications, videos, or other

information/media products.

Acknowledgement and Disclaimer (DEC 1991)

(a) USAID shall be prominently acknowledged in all publications, videos or other information/media

products funded or partially funded through this contract, and the product shall state that the views

expressed by the author(s) do not necessarily reflect those of USAID. Acknowledgements should

identify the sponsoring USAID Office and Bureau or Mission as well as the U.S. Agency for

International Development substantially as follows:
“This (publication, video or other information/media product (specify)) was made possible through

support provided by the Office of ______, Bureau for ______, U.S. Agency for International

Development, under the terms of Contract No. ______. The opinions expressed herein are those of the

author(s) and do not necessarily reflect the views of the U.S. Agency for International Development.”

(b) Unless the contractor is instructed otherwise by the cognizant technical office, publications,

videos or other information/media products funded under this contract and intended for general

readership or other general use will be marked with the USAID logo and/or U.S. AGENCY FOR

INTERNATIONAL DEVELOPMENT appearing either at the top or at the bottom of the front cover or,

if more suitable, on the first inside title page for printed products, and in equivalent/appropriate

location in videos or other information/media products. Logos and markings of co-sponsors or

authorizing institutions should be similarly located and of similar size and appearance.

(End of clause)

752.7035 Public notices.

The following clause is for use when the contracting officer's representative determines that the

contract is of public interest, and that both the public and the Government would benefit from public

notices concerning the contract, and requests that the contracting officer include the clause in the

contract.

Public Notices (DEC 1991)

It is USAID's policy to inform the public as fully as possible of its programs and activities. The

contractor is encouraged to give public notice of the receipt of this contract and, from time to time,

to announce progress and accomplishments. Press releases or other public notices should include a

statement substantially as follows: “The U.S. Agency for International Development administers the

U.S. foreign assistance program providing economic and humanitarian assistance in more than 80

countries worldwide.” The contractor may call on USAID's Legislative and Public Affairs (LPA) for

advice regarding public Notices. The contractor is requested to provide copies of notices or

announcements to the contracting officer's representative and to USAID's Legislative and Public

Affairs (LPA) as far in advance of release as possible.

(End of clause)

752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition.

Insert the following clause in section I of all solicitations and resulting contracts, except for orders

under indefinite delivery contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under

Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 8.4; and contracts and

purchase orders awarded under the simplified acquisitions procedures of (48 CFR) FAR part 13.

USAID Implementing Partner Notices (IPN) Portal FOR Acquisition (July 2014)

(a) Definitions. As used in this clause—

“Universal” bilateral modification means a bilateral modification, as defined in FAR subpart 43.1,

that updates or incorporates new FAR or AIDAR clauses, other terms and conditions, or special

requirements, affecting all USAID awards or a class of awards, as specified in the Agency
notification of such modification.

USAID Implementing Partner Notices (IPN) Portal for Acquisition (IPN Portal) means the single

point where USAID uploads universal bilateral modifications, which can be accessed electronically

by registered USAID contractors. The IPN Portal is located at

https://sites.google.com/site/ipnforacquisitions/.

IPN Portal Administrator means the USAID official designated by the M/OAA Director, who has

overall responsibility for managing the USAID Implementing Partner Notices Portal for Acquisition.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor acknowledges the

requirement to:

(1) Register with the IPN Portal if awarded a contract resulting from this solicitation; and

(2) Receive universal bilateral modifications of this contract and general notices through the IPN

Portal.

(c) Procedure to register for notifications. Go to:

https://sites.google.com/site/usaidipnforacquisitions/ and click the “Register” button at the top of the

page. Contractor representatives must use their official organization email address when

subscribing, not personal email addresses.

(d) Processing of IPN portal modifications.

(1) The contractor may access the IPN Portal at any time to review all IPN Portal modifications;

however, the system will also notify the contractor by email when the USAID IPN Portal

Administrator uploads a universal bilateral modification for contractor review and signature.

Proposed IPN Portal modifications distributed through the IPN Portal are applicable to all awards,

unless otherwise noted in the proposed modification.

(2) Within 15 calendar days from receipt of the notification email from the IPN Portal, the contractor

must do one of the following:

(i)

(A) Verify applicability of the proposed modification to their award(s) per the instructions provided

with each modification;

(B) Download the modification and incorporate the following information on the SF30 form: contract

number, organization name, and organization mailing address as it appears in the basic award;

(C) Sign the hardcopy version; and

(D) Send the signed modification (by email or hardcopy) to the contracting officer for signature;

Note to paragraph (d)(2)(i): The contractor must not incorporate any other changes to the IPN Portal

modification.

(ii) Notify the Contracting Officer in writing if the modification requires negotiation of the additional

changes to terms and conditions of the contract; or

(iii) Notify the contracting officer that the contractor declines to sign the modification.
(3) Within 30 calendar days of receipt of a signed modification from the contractor, the contracting

officer must provide the fully executed modification to the contractor or initiate discussions with the

contractor. Bilateral modifications provided through the IPN Portal are not effective until both the

contractor and the contracting officer sign the modification.

(End of clause)

752.7037 Child safeguarding standards.

Insert the following clause in section I of all solicitations and contracts other than those for

commercial items.

Child Safeguarding Standards (AUG. 2016)

(a) Implementation of activities under this award may involve children, or personnel engaged in the

implementation of the award may come into contact with children, which could raise the risk of child

abuse, exploitation, or neglect within this award. The contractor agrees to abide by the following

child safeguarding core principles:

(1) Ensure compliance with host country and local child welfare and protection legislation or

international standards, whichever gives greater protection, and with U.S. law where applicable;

(2) Prohibit all personnel from engaging in child abuse, exploitation, or neglect;

(3) Consider child safeguarding in project planning and implementation to determine potential risks

to children that are associated with project activities and operations;

(4) Apply measures to reduce the risk of child abuse, exploitation, or neglect, including, but not

limited to, limiting unsupervised interactions with children; prohibiting exposure to pornography;

and complying with applicable laws, regulations, or customs regarding the photographing, filming,

or other image-generating activities of children;

(5) Promote child-safe screening procedures for personnel, particularly personnel whose work brings

them in direct contact with children; and

(6) Have a procedure for ensuring that personnel and others recognize child abuse, exploitation, or

neglect; mandating that personnel and others report allegations; investigating and managing

allegations; and taking appropriate action in response to such allegations, including, but not limited

to, dismissal of personnel.

(b) The contractor must also include in the code of conduct for all personnel implementing USAIDfunded activities, the child safeguarding principles in paragraphs (a)

(1) through (6) of this clause.

(c) The following definitions apply for purposes of this clause:

(1) Child. A child or children are defined as persons who have not attained 18 years of age.

(2) Child abuse, exploitation, or neglect. Constitutes any form of physical abuse; emotional illtreatment; sexual abuse; neglect or insufficient supervision; trafficking; or commercial,

transactional, labor, or other exploitation resulting in actual or potential harm to the child's health,
well-being, survival, development, or dignity. It includes, but is not limited to: Any act or failure to

act which results in death, serious physical or emotional harm to a child, or an act or failure to act

which presents an imminent risk of serious harm to a child.

(3) Emotional abuse or ill treatment. Constitutes injury to the psychological capacity or emotional

stability of the child caused by acts, threats of acts, or coercive tactics. Emotional abuse may

include, but is not limited to: Humiliation, control, isolation, withholding of information, or any other

deliberate activity that makes the child feel diminished or embarrassed.

(4) Exploitation. Constitutes the abuse of a child where some form of remuneration is involved or

whereby the perpetrators benefit in some manner. Exploitation represents a form of coercion and

violence that is detrimental to the child's physical or mental health, development, education, or wellbeing.

(5) Neglect. Constitutes failure to provide for a child's basic needs within USAID-funded activities

that are responsible for the care of a child in the absence of the child's parent or guardian.

(6) Physical abuse. Constitutes acts or failures to act resulting in injury (not necessarily visible),

unnecessary or unjustified pain or suffering without causing injury, harm or risk of harm to a child's

health or welfare, or death. Such acts may include, but are not limited to: Punching, beating,

kicking, biting, shaking, throwing, stabbing, choking, or hitting (regardless of object used), or

burning. These acts are considered abuse regardless of whether they were intended to hurt the

child.

(7) Sexual abuse. Constitutes fondling a child's genitals, penetration, incest, rape, sodomy, indecent

exposure, and exploitation through prostitution or the production of pornographic materials.

(d) The contractor must insert this clause in all subcontracts under this award.

(End of clause)

752.7038 Nondiscrimination against End-Users of Supplies or Services.

The following clause must be inserted in section I of all solicitations and resulting contracts.

Nondiscrimination Against End-Users of Supplies or Services (OCT 2016)

(a) USAID policy requires that the contractor not discriminate against any end-user of the contract

supplies or services (i.e., the beneficiaries of the supplies or services) in implementation of this

award, such as, but not limited to, by withholding, adversely impacting, or denying equitable access

to the supplies or services (benefits) provided through this contract on the basis of any factor not

expressly stated in the award. This includes, for example, race, color, religion, sex (including gender

identity, sexual orientation, and pregnancy), national origin, disability, age, genetic information,

marital status, parental status, political affiliation, or veteran's status. Nothing in this clause is

intended to limit the ability of the contractor to target activities toward the assistance needs of

certain populations as defined in the contract.

(b) The Contractor must insert this clause, including this paragraph, in all subcontracts under this

contract.

(End of clause)
Subpart 752.3–70—USAID Clause Matrices [Reserved]

1

1

 Non-expendable property and all mobile IT equipment.

2

 Government-furnished property listed in this contract as nonexpendable or accountable, including

all mobile IT equipment.

3

 Explain if transactions were not processed through or otherwise authorized by USAID.