Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42929

2. Section 0.467 is amended by

revising the table in paragraph (a)(1) and

its note, and paragraph (a)(2) to read as

follows:

§ 0.467 Search and review fees.

(a)(1) * * *

Grade Hourly

fee

GS–1 ............................................... 8.84

GS–2 ............................................... 9.62

GS–3 ............................................... 10.85

GS–4 ............................................... 12.18

GS–5 ............................................... 13.62

GS–6 ............................................... 15.09

GS–7 ............................................... 16.87

GS–8 ............................................... 18.70

GS–9 ............................................... 20.64

GS–10 ............................................. 22.74

GS–11 ............................................. 24.98

GS–12 ............................................. 29.94

GS–13 ............................................. 35.60

GS–14 ............................................. 42.07

GS–15 ............................................. 49.49

Note: These fees will be modified

periodically to correspond with

modifications in the rate of pay approved by

Congress.

(2) The fees in paragraph (a)(1) of this

section were computed at step 5 of each

grade level based on the General

Schedule effective January 1997 and

include 20 percent for personnel

benefits.

* * * * *

[FR Doc. 97–21116 Filed 8–8–97; 8:45 am]

BILLING CODE 6712–01–P

INTERNATIONAL DEVELOPMENT

COOPERATION AGENCY

Agency for International Development

48 CFR Chapter 7, Appendix J

[AIDAR Notice 97–3]

RIN 0412–AA–35

Direct USAID Contracts for Personal

Services Abroad

AGENCY: Agency for International

Development, IDCA.

ACTION: Final rule.

SUMMARY: The AID Acquisition

Regulation is being amended by revising

and updating Appendix J, ‘‘DirectUSAID Contracts—with Cooperating

Country Nationals and With Third

Country Nationals for Personal Services

Abroad’’ in its entirety.

DATES: This rule is effective September

10, 1997.

FOR FURTHER INFORMATION CONTACT: Mrs.

Patricia L. Bullock, Office of

Procurement, Policy Division (M/OP/P),

USAID, Room 1600A, SA–14,

Washington, D.C. 20523–1435, (703)

875–1534.

SUPPLEMENTARY INFORMATION: The Aid

Acquisition Regulation is being

amended to make the following changes

in Appendix J: (1) change references to

USAID’s Handbook System, when

possible, to the respective numbered

reference in the Automated Directives

System (ADS); (2) change language to

reflect the new identification of work in

the New Management System (NMS); (3)

revise the Cover Page to reflect the

Coding in the NMS, as well as other

administrative changes; (4) incorporate

a new Cover Page; (5) remove the

Prompt Pay language; (6) add FAR

Clauses which were inadvertently

dropped; (7) provide clarification

regarding what authorities, duties and

responsibilities Cooperating Country

Nationals (CCNs) or Third Country

Nationals (TCNs) may have delegated to

them; and (8) provide for Meritorious

step-increases for CCNs provided the

granting of such increases is the general

practice locally in each country.

The changes being made by this rule

are not considered ‘‘significant’’ under

FAR 1.301 or FAR 1.501, and public

comments have not been solicited. This

rule will not have an impact on a

substantial number of small entities or

require any information collection, as

contemplated by the Regulatory

Flexibility Act or the Paperwork

Reduction Act respectively. Because of

the nature and subject matter of this

rule, use of the proposed rule/public

comment approach was not considered

necessary. We decided to issue as a final

rule; however, we welcome public

comment on the material covered by

this Notice or any other part of the

AIDAR at anytime. Comments or

questions may be addressed as specified

in the FOR FURTHER INFORMATION

CONTACT section of the Preamble.

Accordingly, for the reasons set forth

above and under the authority of 22

U.S.C. 2381, as amended and E.O. 12163

of Sept. 29, 1979, Appendix J of 48 CFR

Chapter 7 is revised to read as follows:

Appendix J—Direct USAID Contracts

With a Cooperating Country National

and With a Third Country National for

Personal Services Abroad

1. General

(a) Purpose. This appendix sets forth

the authority, policy, and procedures

under which USAID contracts with

cooperating country nationals or third

country nationals for personal services

abroad.

(b) Definitions. For the purpose of this

appendix:

(1) Personal services contract (PSC)

means a contract that, by its express

terms or as administered, make the

contractor personnel appear, in effect,

Government employees (see FAR

37.104).

(2) Employer-employee relationship

means an employment relationship

under a service contract with an

individual which occurs when, as a

result of (i) the contract’s terms or (ii)

the manner of its administration during

performance, the contractor is subject to

the relatively continuous supervision

and control of a Government officer or

employee.

(3) Non-personal services contract

means a contract under which the

personnel rendering the services are not

subject either by the contract’s terms or

by the manner of its administration, to

the supervision and control usually

prevailing in relationships between the

Government and its employees.

(4) Independent contractor

relationship means a contract

relationship in which the contractor is

not subject to the supervision and

control prevailing in relationships

between the Government and its

employees. Under these relationships,

the Government does not normally

supervise the performance of the work,

or the manner in which it is to be

performed, control the days of the week

or hours of the day in which it is to be

performed, or the location of

performance.

(5) Contractor means a cooperating

country national or a third country

national who has entered into a contract

pursuant to this appendix.

(6) Cooperating country means the

country in which the employing USAID

Mission is located.

(7) Cooperating country national

(CCN) means an individual who is a

cooperating country citizen or a noncooperating country citizen lawfully

admitted for permanent residence in the

cooperating country.

(8) Third Country National (TCN)

means an individual

(i) who is neither a citizen nor a

permanent legal resident alien of the

United States nor of the country to

which assigned for duty, and

(ii) who is eligible for return to his/

her home country or country of

recruitment at U.S. Government expense

[see Section 12, General Provision 9

paragraph (n)].

2. Legal Basis

(a) Section 635(b) of the Foreign

Assistance Act of 1961, as amended,

hereinafter referred to as the ‘‘FAA’’,

provides the Agency’s contracting

authority.
42930 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

1The Civil Service Commission is now the

Federal Office of Personnel Management.

2 If there is a need, these contracts may be written

for 5 years but only funded as outlined above.

(b) Section 636(a)(3) of the FAA

authorizes the Agency to enter into

personal services contracts with

individuals for personal services abroad

and provides further that such

individuals ‘‘* * * shall not be

regarded as employees of the U.S.

Government for the purpose of any law

administered by the Civil Service

Commission.’’ 1

3. Applicability

(a) This appendix applies to all

personal services contracts with CCNs

or TCNs to provide assistance abroad

under Section 636(a)(3) of the FAA.

(b) This appendix does not apply to:

(1) Contracts for non-personal services

with TCNs or CCNs; such contracts are

covered by the basic text of the FAR and

AIDAR.

(2) Personal services contracts with

U.S. citizens or U.S. resident aliens for

personal services abroad; such contracts

are covered by Appendix D of this

chapter.

(3) Appointments of experts and

consultants as USAID direct-hire

employees; such appointments are

covered by USAID Handbook 25,

Employment and Promotion or

superseding Chapters of the Automated

Directive System (ADS).

4. Policy

(a) General. USAID may finance, with

either program or operating expense

(OE) funds, the cost of personal services

as part of the Agency’s program of

foreign assistance by entering into a

direct contract with a CCN or a TCN for

personal services abroad.

(1) Program funds. Under the

authority of Section 636(h) of the FAA,

program funds may be obligated for

periods up to five years where necessary

and appropriate to the accomplishment

of the tasks involved.

(2) Operating expense funds. Pursuant

to USAID budget policy, OE funded

salaries and other recurrent cost items

may be forward funded for a period of

up to three (3) months beyond the fiscal

year in which these funds were

obligated. Non-recurring cost items may

be forward funded for periods not to

exceed twenty-four (24) months where

necessary and appropriate to

accomplishment of the work.2

(b) Limitations on Personal Services

Contracts.

(1) Personal services contracts may

only be used when adequate

supervision is available.

(2) Personal services contracts may be

used for commercial activities.

Commercial activities provide a product

or service which could be obtained from

a commercial source. See Attachment A

of OMB Circular A–76 for a

representative list of such activities.

(3) Notwithstanding any other

provision of USAID directives,

regulations or delegations, Cooperating

Country or Third Country Nationals

may be delegated or assigned any

authority, duty or responsibility,

delegated or assigned U.S. citizen

direct-hire employees (USDH

employees) except that:

a. They may not supervise USDH

employees of USAID or other U.S.

Government agencies. They may

supervise USPSCs and non-U.S. citizen

employees.

b. They may not be designated a

Contracting Officer or delegated

authority to sign obligating or

subobligating documents.

c. They may represent the agency,

except that communications that reflect

a final policy, planning or budget

decision of the agency must be cleared

by a USDH employee.

d. They may participate in personnel

selection matters but may not be

delegated authority to make a final

decision on personnel selection.

e. Services which involve security

classified material.

(4) Exceptions. Exceptions to the

limitations in (b)(3) must be approved

by the Assistant Administrator for

Management (AA/M).

(c) Conditions of Employment.

(1) General. For the purpose of any

law administered by the U.S. Office of

Personnel Management, USAID PSC

contractors are not to be regarded as

employees of the U.S. Government, are

not included under any retirement or

pension program of the U.S.

Government, and are not eligible for the

Incentive Awards Program covered by

Uniform State/USAID/USIA regulations.

Each USAID Mission is expected to

participate in the Joint Special Embassy

Incentive Awards Program. The program

is administered by a joint committee

which establishes procedures for

submission, review and approval of

proposed awards. Other than these

exceptions, CCNs and TCNs who are

hired for work in a cooperating country

under PSCs generally will be extended

the same benefits and be subject to the

same restrictions as Foreign Service

Nationals (FSNs) employed as directhires by the USAID Mission.

(2) Compensation. (i) It is USAID’s

general policy (see AIDAR 722.170) that

PSC compensation may not, without the

approval of the Mission Director or

Assistant Administrator, exceed the

prevailing compensation paid to

personnel performing comparable work

in the cooperating country.

Compensation for TCN or CCN personal

services contractors set in accordance

with the provisions of 4c(2)(ii) below

satisfies this requirement.

(ii) In accordance with Section

408(a)(1) of the Foreign Service Act of

1980, a local compensation plan forms

the basis for all compensation payments

to FSNs which includes CCNs and

TCNs. The plan is each post’s official

system of position classification and

pay, consisting of the local salary

schedule which includes salary rates,

statements authorizing fringe benefit

payments, and other pertinent facets of

compensation for TCNs and CCNs, and

the local position classification system

as reflected in the Local Employee

Position Classification Handbook

(LEPCH) or equivalent in effect at the

Mission. Compensation for PSCs will be

in accordance with the local

compensation plan, to the extent that it

covers employees of the type or category

being employed, unless the Mission

Director determines otherwise. If the

Mission Director determines that

compensation in accordance with the

local plan would be inappropriate in a

particular instance, then compensation

will be set in accordance with (in order

of preference):

(A) Any other Mission policies on

foreign national employee

compensation; or

(B) Paragraphs 4(c) (d), (e), (g), (h),

and (i) of Appendix D. When

compensation is set in accordance with

this exception, the record shall be

documented in writing with a

justification prepared by the requesting

office and approved by the Mission

Director.

(iii) The earning of leave (annual and

sick), allowances and differential (if

applicable), salaries and all other related

benefits cannot be enumerated in this

Appendix as they vary from Mission to

Mission and are based upon the

compensation plan for each.

(iv) Unless otherwise authorized, the

currency in which compensation is paid

to contractors shall be in accordance

with the prevailing local compensation

practice of the post.

(v) CCN and TCN contractors are

eligible for allowances and differential

on the same basis as direct-hire FSN

employees under the post compensation

plan.

(vi) A USAID PSC who is a spouse of

a current or retired U.S. Civil Service,

U.S. Foreign Service, or U.S. military

service member, and who is covered by

their spouse’s government health or life
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42931

insurance policy, is ineligible for a

contribution towards the costs of annual

health and life insurance.

(vii) Retired CCNs and TCNs may be

awarded personal services contracts

without any reduction in or offset

against their Government annuity.

(3) Incentives Awards. (i) All

Cooperating Country Nationals directhire and Personal Services Contractors

(PSCs) and Third Country Nationals

(PSCs) of the Foreign Affairs

Community are eligible for the Joint

Special Embassy Incentive Awards

Program.

(ii) Meritorious Step Increases for

USAID FSN PSCs may be authorized

provided the granting of such increases

is the general practice locally.

(iii) The Joint Country Awards

Committee administers each post’s

(Embassy) award program, including

establishment of procedures for

submission, review and approval of

proposed awards.

(4) Training. CCN and TCN PSCs are

eligible for most of the training courses

offered in the Training Course Schedule.

However, applications will be processed

on a case-by-case basis and are required

to be approved by the Contracting

Officer.

5. Soliciting for Personal Services

Contracts

(a) Technical Officer’s

Responsibilities. The Technical Officer

will prepare a written detailed

statement of duties and a statement of

minimum qualifications to cover the

position being recruited for; the

statement shall be included in the

procurement request. The procurement

request shall also include the following

additional information as a minimum:

(1) The specific foreign location(s)

where the work is to be performed,

including any travel requirements (with

an estimate of frequency);

(2) The length of the contract, with

beginning and ending dates, plus any

options for renewal or extension;

(3) The basic education, training,

experience, and skills required for the

position;

(4) A certification from the officer in

the Mission responsible for the LEPCH

or equivalent that the position has been

reviewed and is properly classified as to

a title, series and grade in accordance

with the LEPCH. If the position does not

fall within the LEPCH or equivalent

system, and estimate of compensation

based on subparagraphs 4(c)(2)(ii) (A) or

(B) of this Appendix after consultations

or in coordination with the contract

officer or executive officer;

(5) A list of Government or host

country furnished items (e.g., housing).

(b) Contracting Officer’s

Responsibilities. (1) The Contracting

Officer will prepare the solicitation for

personal services which shall contain:

(i) Three sets of certified biographical

data and salary history. (Upon receipt,

one copy of the above information shall

be forwarded to the Project Officer);

(ii) A detailed statement of duties or

a completed position description for the

position being recruited for;

(iii) A copy of the prescribed contract

Cover Page, Contract Schedule, and

General Provisions as well as the FAR

Clause to be included in full text and a

list of those to be incorporated by

reference; and

(iv) A copy of General Notice entitled

‘‘Employee Review of the New

Standards of Conduct’’ dated October

30, 1992.

(2) The Contracting Officer shall

comply with the limitations of AIDAR

706.302–70(c) as detailed in paragraph

5(c) below.

(c) Competition. (1) Under AIDAR

706.302–70(b)(1), Personal Services

Contracts are exempt from the

requirements for full and open

competition with two limitations that

must be observed by Contracting

Officers:

(i) Offers are to be requested from as

many potential offerors as is practicable

under the circumstances, and

(ii) a justification supporting less than

full and open competition must be

prepared in accordance with FAR 6.303.

(2) A class justification was approved

by the USAID Procurement Executive to

satisfy the requirements of AIDAR

706.302–70(c)(2) for a justification in

accordance with FAR 6.303. Use of this

class justification for Personal Services

Contracts with Cooperating Country

Nationals and Third Country Nationals

is subject to the following conditions:

(i) New contracts are publicized

consistent with Mission/Embassy

practice on announcement of direct hire

FSN positions. Renewals or extensions

with the same individual for continuing

service do not need to be publicized.

(ii) A copy of the class justification

(which was distributed to all USAID

Contracting Officers via Contract

Information Bulletin) must be included

in the contract file, together with a

written statement, signed by the

Contracting Officer, that the contract is

being awarded pursuant to AIDAR

706.302–70(b)(1); that the conditions for

use of this class justification have been

met; and that the cost of the contract is

fair and reasonable. If the conditions in

paragraphs (2)(i) and (ii) are not

followed, the Contracting Officer must

prepare a separate justification as

required under AIDAR 706.302–70(c)(2).

(3) Since the award of a personal

services contract is based on technical

qualifications, not price, and since the

biographical data and salary history are

used to solicit for such contracts, FAR

Subparts 15.4 and 15.5 are

inappropriate and shall not be used.

Instead, the solicitation and selection

procedures outlined in this Appendix

shall govern.

6. Negotiating a Personal Services

Contract

Negotiating a Personal Services

Contract is significantly different from

negotiating a nonpersonal services

contract because it establishes an

employer-employee relationship;

therefore, the selection and negotiations

procedures are more akin to the

personal selection procedures.

(a) Technical Officer’s

Responsibilities. The Technical Officer

shall be responsible for reviewing and

evaluating the applications received in

response to the solicitation issued by

the Contracting Officer. If deemed

appropriate, interviews may be

conducted with the applicants before

the final selection is submitted to the

Contracting Officer.

(b) Contracting Officer’s

Responsibilities.

(1) The Contracting Officer shall

forward a copy of biographical data and

salary history received under the

solicitation to the Technical Officer for

evaluation.

(2) On receipt of the Technical

Officer’s recommendation, the

Contracting Officer shall conduct

negotiations with the recommended

applicant. The terms and conditions of

the contract will normally be in

accordance with the local compensation

plan which forms the basis for all

compensation on payments paid to

FSNs which includes CCNs and TCNs.

(3) The Contracting Officer shall use

the certified salary history on the

certified statement of biographical data

and salary history as the basis for salary

negotiations, along with the Technical

Officer’s cost estimate.

(4) The Contracting Officer will obtain

necessary data for a security and

suitability clearance to the extent

required by USAID Handbook 6,

Security or superseding ADS Chapters.

7. Executing a Personal Services

Contract

Contracting activities, whether

USAID/W or Mission, may execute

Personal Services Contracts, provided

that the amount of the contract does not

exceed the contracting authority that

has been redelegated to them. See

AIDAR 701.601. In executing a personal
42932 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

service contract, the Contracting Officer

is responsible for insuring that:

(a) The proposed contract is within

his/her delegated authority;

(b) A written detailed statement of

duties covering the proposed contract

has been received;

(c) The proposed scope of work is

contractible, contains a statement of

minimum qualifications from the

technical office requesting the services,

and is suitable for a personal services

contract in that:

(1) Performance of the proposed work

requires or is best suited for an

employer-employee relationship, and is

thus not suited to the use of a nonpersonal services contract;

(2) The scope of work does not require

performance of any function normally

reserved for direct-hire Federal

employees (under paragraph 4(b) of this

Appendix); and

(3) There is no apparent conflict of

interest involved (if the Contracting

Officer believes that a conflict of interest

may exist, the question should be

referred to the cognizant legal counsel);

(d) Selection of the contractor is

documented and justified (AIDAR

706.302–70(b)(1) provides an exception

to the requirement for full and open

competition for Personal Services

Contracts abroad; see paragraph 5(c) of

this Appendix);

(e) The standard contract format

prescribed for a Cooperating Country

National and a Third Country National

personal services contract (Sections 9,

10, 11, 12, and 13 of this Appendix as

appropriate) is used, or that any

necessary deviations are processed as

required by AIDAR 701.470;

(f) The contractor has submitted the

names, addresses, and telephone

numbers of at least two persons who

may be notified in the event of an

emergency (this information is to be

retained in the contract file);

(g) The contract is complete and

correct and all information required on

the contract Cover Page (USAID form

1420–36B) has been entered;

(h) The contract has been signed by

the Contracting Officer and the

contractor, and fully executed copies are

properly distributed;

(i) The following clearances,

approvals and forms have been

obtained, properly completed, and

placed in the contract file before the

contract is signed by both parties:

(1) Security clearance to the extent

required by USAID Handbook 6,

Security or other superseding Chapters

of the Automated Directives System;

(2) Mission, host country, and

technical office clearance, as

appropriate;

(3) Medical clearance(s) based on a

full medical examination(s) and

statement of medical opinion by a

licensed physician. The physician’s

medical opinion must be in the

possession of the Contracting Officer

prior to signature of contract. If a TCN

is recruited, medical clearance

requirements apply to the contractor

and each dependent who is authorized

to accompany the contractor;

(4) The approval for any salary in

excess of ES–6, in accordance with

Appendix G of this chapter;

(5) A copy of the class justification or

other appropriate explanation and

support required by AIDAR 706.302–70,

if applicable;

(6) Any deviation to the policy or

procedures of this Appendix, processed

and approved under AIDAR 701.470;

(7) The memorandum of negotiation;

(j) The position description is

classified in accordance with the

LEPCH, and the proposed salary is

consistent with the local compensation

plan or the alternate procedures

established in 4(c)(2)(ii) above;

(k) Funds for the contract are properly

obligated to preclude violation of the

Anti-Deficiency Act, 31 U.S.C. 134 (the

Contracting Officer ensures that the

contract has been properly recorded by

the appropriate accounting office prior

to its release for the signature of the

selected contractor);

(l) The contractor receives and

understands USAID General Notice

entitled ‘‘Employee Review of the New

Standards of Conduct’’ dated October

30, 1992 and a copy is attached to each

contract, as provided for in paragraph

(c) of General Provision 2, Section 12;

(m) Agency conflict of interest

requirements, as set out in the above

notice are also met by the contractor

prior to his/her reporting for duty;

(n) A copy of a Checklist for Personal

Services Contractors which may be in

the form set out above or another form

convenient for the contracting officer,

provided that a form containing all of

the information described in this

paragraph 7 shall be prepared for each

PSC and placed in the contract file;

(o) In consultation with the regional

legal advisor and/or the regional

contracting officer, the contract is

modified by deleting from the General

Provisions (Sections 12 and 13 of this

Appendix) the inapplicable clause(s) by

a listing in the Schedule; and

(p) The block entitled, ‘‘Acquisition

and Assistance Request Document’’ on

the Cover Page of the contract format is

completed by inserting the four-segment

technical number as prescribed in

USAID Handbook 18, the USAID Code

Book Appendix D or superseding ADS

Chapter if the PSC is project-funded.

8. Contracting Format

The prescribed Contract Cover Page,

Contract Schedules, General Provisions

and FAR Clauses for personal service

contracts for TCNs and CCNs covered by

this Appendix are included as follows:

9. ‘‘Cover Page’’ for a Contract with a

Cooperating Country National or with a

Third Country National for Personal

Services.

10. ‘‘Schedule’’ for a Contract with a

Cooperating Country National or Third

Country National Personal Services

Contracts.

11. ‘‘Optional Schedule’’ for a

Contract with a Cooperating Country

National or Third Country National

Personal Services Contracts.

[Use of the Optional Schedule is

intended to serve as an alternate

procedure for OE funded Foreign

Service National PSCs. The schedule

was developed for use when the

Contracting Officer anticipates

incremental recurring cost funded

contracts. It should be noted that the

Optional Schedule eliminates the need

to amend the contract each time funds

are obligated. However, the Contracting

Officer is required to amend each

contract not less than twice during a 12

month period to ensure that the contract

record of obligations is up to date and

agrees with the figures in the master

funding document.]

12. ‘‘General Provisions‘‘ for a

Contract With a Cooperating Country

National or With a Third Country

National for Personal Services.

13. FAR Clauses to be incorporated in

full text as well as by reference in

Personal Services Contracts.

9. ‘‘Cover page’’ for a Contract With a

Cooperating Country National or With a

Third Country National for Personal

Services.

—AID Form 1420–36B (11/96)

BILLING CODE 6116–01–M
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42933

BILLING CODE 6116–01–C
42934 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

10. ‘‘Schedule’’ for a Contract With a

Cooperating Country National or Third

Country National Personal Services

Contracts

Contract No. lll

Table of Contents

The Schedule on pages ll through

ll consists of this Table of Contents,

the following Articles, and General

Provisions:

Article I Statement of Duties

Article II Period of Service

Article III Contractor’s Compensation

and Reimbursement

Article IV Costs Reimbursable and

Logistic Support

Article V Precontract Expenses

Article VI Additional Clauses

General Provisions

The following provisions, numbered

as shown below, omitting number(s)

lll, are the General Provisions (GPs)

of this Contract:

1. Definitions

2. Compliance with Applicable Laws

and Regulations

3. Physical Fitness

4. Security

5. Workweek

6. Leave and Holidays

7. Social Security and Cooperating

Country Taxes

8. Insurance

9. Travel and Transportation

10. Payment

11. Contractor-Mission Relationships

12. Termination

13. Allowances

14. Advance of Dollar Funds

15. Conversion of U.S. Dollars to Local

Currency

16. Post of assignment Privileges

17. Release of Information

18. Notices

19. Incentive Awards

20. Training

21. Medical Evacuation Services

Schedule

Note: Use of the following Schedule is not

mandatory.

The Schedule is intended to serve as

a guideline and as a checklist for

contracting offices in drafting contract

schedules. Article language shall be

changed to suit the needs of the

particular contract. Special attention

should be given to the financial

planning sections where unnecessary

line items should be eliminated.

Article I—Statement of Duties

[The statement of duties shall include:

A. General statement of the purpose of

the contract.

B. Statement of duties to be

performed.

C. Orientation or training to be

provided by USAID.]

Article II—Period of Service

Within ll days after written notice

from the Contracting Officer that all

clearances, including the statement of

medical opinion required under General

Provision Clause 3, have been received,

unless another date is specified by the

contracting officer in writing, the

contractor shall proceed to ll and

shall promptly commence performance

of the duties specified above. The

contractor’s period of service shall be

approximately ll in ll. (Specify

time of duties in each location.)

Article III—Contractor’s Compensation

and Reimbursement

A. Except as reimbursement may be

specifically authorized by the Mission

Director or contracting officer, USAID

shall pay the contractor compensation

after it has accrued and make

reimbursements, if any are due, in

currency of the post or for necessary and

reasonable costs actually incurred in the

performance of this contract within the

categories listed in Paragraph D, below,

and subject to the conditions and

limitations applicable thereto as set out

herein and in the attached General

Provisions (GPs).

B. The amount budgeted and available

as personal compensation to the

contractor is calculated to cover a

calendar period of approximately ll

(days) (weeks) (months) (years) (which

is to include) (1) vacation and sick leave

which may be earned during

contractor’s tour of duty (GP Clause No.

6), (2) ll days for authorized travel

(GP Clause 9), and (3) ll days for

orientation and consultation if required

by the Statement of Duties.

C. The contractor shall earn vacation

leave at the rate of ll days per year

under the contract (provided the

contract is in force for at least 90 days)

and shall earn sick leave at the rate of

ll days per year under the contract.

D. Allowable Costs.

1. Compensation at the rate of LC ll

per (year) (month) (week) (day),

equivalent to Grade FSN–ll / ll, in

accordance with the Mission’s Local

Compensation Plan. If during the

effective period of this contract the

Local Compensation Plan is revised,

contractor’s compensation will be

revised accordingly and contractor will

be notified in writing by the contracting

officer. Adjustments in compensation

for periods when the contractor is not in

compensable pay status shall be

calculated as follows: Rate of LC ll

per (day) (hour).

LC ll

2. Overtime (Unless specifically

authorized in the Schedule of this

contract, no overtime hours shall be

allowed hereunder.)

3. Travel and Transportation (Ref. GP

Clause 9). (Includes the value of TRs

furnished by the Government, not

payable to contractor).

a. United States—$lll

b. International—$lll

c. Cooperating and Third Country—

$lll, LC lll

Subtotals Item 3—$lll, LC lll

4. Subsistence or Per Diem (Ref. GP

Clause 9).

a. United States—$lll

b. International—$lll

c. Cooperating and Third Country—

$lll, LClll

Subtotals Item 4—$lll, LClll

5. Other Direct Costs

a. Physical Examination (Ref. GP Clause

3)—LClll

b. Miscellaneous—LClll

Subtotal Item—LClll

Total Estimated Costs (Lines 1 thru 5)

$lll LC lll

E. Maximum U.S. Dollar and Local

Currency Obligation.

In no event shall the maximum U.S.

Dollar obligation under this contract

exceed $ll nor shall the maximum

local currency obligation exceed LC

ll. Contractor shall keep a close

account of all obligations incurred and

accrued hereunder and promptly notify

the contracting officer whenever it

appears that the said maximum is not

sufficient to cover all compensation and

costs reimbursable which are

anticipated under the contract.

F. Under the Joint Incentive Awards

Program for FSN monetary awards will

be made pending availability of funds.

The increase for the award will be

effected by the execution of an SF–1126

which will be attached to the contract

and will form a part of the contract. In

no event may costs under the contract

exceed the total amount obligated.

Meritorious Step Increases for FSN

PSCs may be authorized provided the

granting of such increase is the general

practice locally.

Article IV—Costs Reimbursable And

Logistic Support

A. General.

The contractor shall be provided with

or reimbursed in local currency

(ll) for the following: [Complete]

B. Method of Payment of Local

Currency Costs.

Those contract costs which are

specified as local currency costs in

Paragraph A, above, if not furnished in

kind by the cooperating government or
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42935

the Mission, shall be paid to the

contractor in a manner adapted to the

local situation, based on vouchers

submitted in accordance with GP Clause

10. The documentation for such costs

shall be on such forms and in such

manner as the Mission Director shall

prescribe.

C. Cooperating or U.S. Government

Furnished Equipment and Facilities.

[List any logistical support,

equipment, and facilities to be provided

by the cooperating government or the

U.S. Government at no cost to this

contract; e.g., office space, supplies,

equipment, secretarial support, etc., and

the conditions, if any, for use of such

equipment.]

Article V—Precontract Expenses

No expense incurred before signing of

this contract will be reimbursed unless

such expense was incurred after receipt

and acceptance of a precontract expense

letter issued to the contractor by the

Contracting Officer, and then only in

accordance with the provisions and

limitations contained in such letter. The

rights and obligations created by such

letter shall be considered as merged into

this contract.

Article VI—Additional Clauses

[Additional Schedule Clauses may be

added to meet specific requirements of

an individual contract.]

11. Optional Schedule for a Contract

With a Cooperating Country National or

Third Country National Personal

Services Contracts

Contract No. lll

Table of Contents

(Optional Schedule)

[Use of the Optional Schedule is not

mandatory. It is intended to serve as an

alternate procedure for OE funded

Cooperating Country National and Third

Country National PSCs. The schedule

was developed for use when the

Contracting Officer anticipates

incremental recurring cost funded

contracts.

It should be noted that use of the

Optional Schedule eliminates the need

to amend the contract each time funds

are obligated. However, Contracting

Officer is required to amend each

contract not less than twice during a 12

month period to ensure that the contract

record of obligations is up to date and

agrees with the figures in the master

funding document.]

The Schedule on pages ll through

ll consists of this Table of Contents

and the following Articles:

Article I Statement of Duties

Article II Period of Service

Article III Contractor’s Compensation

and Reimbursement

Article IV Costs Reimbursable and

Logistic Support

Article V Precontract Expenses

Article VI Additional Clauses

General Provisions

The following provisions, numbered

as shown below, omitting number(s)

ll, are the General Provisions (GPs) of

this contract.

1. Definitions

2. Compliance with Applicable Laws

and Regulations

3. Physical Fitness

4. Security

5. Workweek

6. Leave and Holidays

7. Social Security and Cooperating

Country Taxes

8. Insurance

9. Travel and Transportation

10. Payment

11. Contractor-Mission Relationships

12. Termination

13. Allowances

14. Advance of Dollar Funds

15. Conversion of U.S. Dollars to Local

Currency

16. Post of Assignment Privileges

17. Release of Information

18. Notices

19. Incentive Awards

20. Training

21. Medical Evacuation Services

Article I—Statement of Duties

[The statement of duties shall include:

A. General statement of the purpose of

the contract.

B. Statement of duties to be

performed.

C. Orientation or training to be

provided by USAID.]

Article II—Period of Service

Employment under this contract is of

a continuing nature. Its duration is

expected to be part of a series of

sequential contracts; all contract

provisions and clauses and regulatory

requirements concerning availability of

funds and the specific duration of this

contract shall apply.

Within 10 days after written notice

from the Contracting Offices that all

clearances have been received, unless

another date is specified by the

Contracting Officer in writing, the

contractor shall proceed to (name place)

and shall promptly commence

performance of the duties specified in

Article I of this contract. The

contractor’s period of service shall be

approximately (specify duration from

date to date).

Article III—Contractor’s Compensation

and Reimbursement

A. Except as reimbursement may be

specifically authorized by the Mission

Director or Contracting Officer, USAID

shall pay the contractor compensation

after it has accrued and make

reimbursements, if any are due in

currency of the cooperating country (LC)

in accordance with the prevailing

practice of the post or for necessary and

reasonable costs actually incurred in the

performance of this contract within the

categories listed in paragraph E, below,

and subject to the conditions and

limitations applicable thereto as set out

herein and in the attached General

Provisions (GPs).

B. The amount budgeted and available

as personal compensation to the

contractor is calculated to cover a

calendar period of approximately ll

(days) (weeks) (months) (years) (which

is to include) (1) vacation and sick leave

which may be earned during the

contractor’s tour of duty (GP Clause No.

6), (2) ll days for authorized travel

(GP Clause 9), and (3) ll days for

orientation and consultation if required

by the Statement of Duties.

C. The contractor shall earn vacation

leave at the rate of ll days per year

under the contract (provided the

contract is in force for at least 90 days)

and shall earn sick leave at the rate of

ll days per year under the contract.

D. All employee rights and benefits

from the previous contract or

employment, i.e., accumulated annual

and sick leave balances, original service

computation dates, reserve fund

contributions, accumulated

compensatory time, social security

contributions, seniority and longevity

bonuses are considered allowable costs

and as a continuation as long as the

break in service does not exceed three

days.

E. Allowable Costs.

1. The following illustrative budget

details allowable costs under this

contract and provides estimated

incremental recurrent cost funding in

the total amount shown. Additional

funds for the full term of this contract

will be provided by the preparation of

a master PSC funding document issued

by the Mission Controller for the

purpose of providing additional funding

for a specific period. The master PSC

funding document will be attached to

this contract and will form a part of the

executed contract while also serving to

amend the budget.

2. Overtime (Unless specifically

authorized in the Schedule of this

contract, no overtime hours shall be

allowed hereunder.)
42936 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

LCll

3. Travel and Transportation (Ref. GP

Clause 9). (Includes the value of TRs

furnished by the Government, not

payable to contractor).

a. United States—$ll

b. International—$ll

c. Cooperating and Third Country—

$ll, LC ll

Subtotals Item 3—$ll, LC ll

4. Subsistence or Per Diem (Ref. GP

Clause 9.)

a. United States—$ll

b. International—$ll

c. Cooperating and Third Country—

$ll, LC ll

Subtotals Item 4—$ll, LC ll

5. Other Direct Costs.

a. Physical Examination (Ref. GP Clause

3)—$ll, LC ll

b. Miscellaneous—$ll, LC ll

Subtotals Item 5—$ll, LC ll

Total Estimated Costs (Lines 1 thru 5)

$ll, LC ll

F. Allowable costs compensation and

all terms and benefits of employment

under this contract will be in

accordance with the Mission’s local

compensation plan. Salary changes and

personnel-related contract actions will

be made by processing the same forms

as used in making such changes and

actions for direct-hire FSN employees.

When issued by the Contracting Officer,

the forms utilized will be attached to the

contract and will form a part of the

contract terms and conditions.

Any adjustment or increase in the

compensation granted to direct-hire

employees under the local

compensation plan will be allowed for

in PSCs subject to the availability of

funds. Such an adjustment will be

effected by a mass pay adjustment

notice from the Contracting Officer,

which will be attached to the contract

and form a part of the executed contract.

At the end of each year of satisfactory

service, PSC contractors will be eligible

to receive an increase equal to one

annual step increase as shown in the

local compensation plan, pending

availability for funds. Such increase will

be effected by the execution of an SF–

1126, Payroll Change Slip which is to be

attached to each contract and each

action forms a part of the official

contract file.

Under the Joint Inventive Awards

Program for FSNs, monetary awards will

be made pending availability of funds.

The increase for the award will be

effected by the execution of an SF–1126

which will be attached to the contract

and will form a part of the contract. In

no event may costs under the contract

exceed the total amount obligated.

Meritorious Step Increases for FSN

PSCs may be authorized provided the

granting of such increase is the general

practice locally.

The master PSC funding document

may not exceed the term or estimated

total cost of this contract.

Notwithstanding that additional funds

are obligated under this contract

through the issuance and attachment of

the master PSC funding document, all

other contract terms and conditions

remain in full effect.

Article IV—Costs Reimbursable and

Logistic Support

A. General.

The contractor shall be provided with

or reimbursed in local currency

ll for the following: [Complete]

B. Method of Payment of Local

Currency Costs.

Those contract costs which are

specified as local currency costs in

Paragraph A, above, if not furnished in

kind by the cooperating government or

the Mission, shall be paid to the

contractor in a manner adapted to the

local situation, based on vouchers

submitted in accordance with GP Clause

10. The documentation for such costs

shall be on such forms and in such

manner as the Mission Director shall

prescribe.

C. Cooperating or U.S. Government

Furnished Equipment and Facilities.

[List any logistical support,

equipment, and facilities to be provided

by the cooperating government or the

U.S. Government at no cost to this

contract; e.g., office space, supplies,

equipment, secretarial support, etc., and

the conditions, if any, for use of such

equipment.]

Article V—Precontract Expenses

No expense incurred before signing of

this contract will be reimbursed unless

such expense was incurred after receipt

and acceptance of a precontract expense

letter issued to the contractor by the

Contracting Officer, and then only in

accordance with the provisions and

limitations contained in such letter. The

rights and obligations created by such

letter shall be considered as merged into

this contract.

Article VI—Additional Clauses

[Additional Schedule Clauses may be

added to meet specific requirements of

an individual contract.]

12. General Provisions for a Contract

With a Cooperating Country National or

With a Third Country National for

Personal Services

To be used to contract with

cooperating country nationals or third

country nationals for personal services.

Index of Clauses

1. Definitions

2. Compliance with Applicable Laws

and Regulations

3. Physical Fitness

4. Security

5. Workweek

6. Leave and Holidays

7. Social Security and Cooperating

Country Taxes

8. Insurance

9. Travel and Transportation

10. Payment

11. Contractor-Mission Relationships

12. Termination

13. Allowances

14. Advance of Dollar Funds

15. Conversion of U.S. Dollars to Local

Currency

16. Post of Assignment Privileges

17. Release of Information

18. Notices

19. Incentive Awards

20. Training

21. Medical Evacuation Services

1. Definitions (July 1993)

[For use in both Cooperating Country

National (CCN) and Third Country

National (TCN) Contracts].

(a) USAID shall mean the U.S. Agency

for International Development.

(b) Administrator shall mean the

Administrator or the Deputy

Administrator of the U.S. Agency for

International Development.

(c) Contracting Officer shall mean a

person with the authority to enter into,

administer, and/or terminate contracts

and make related determinations and

findings. The term includes certain

authorized representatives of the

Contracting Officer acting within the

limits of their authority as delegated by

the Contracting Officer.

(d) Cooperating Country National

shall mean the individual engaged to

serve in the Cooperating Country under

this contract.

(e) Cooperating Country shall mean

the foreign country in or for which

services are to be rendered hereunder.

(f) Cooperating Government shall

mean the government of the Cooperating

Country.

(g) Government shall mean the United

States Government.

(h) Economy Class air travel shall

mean a class of air travel which is less

than business or first class.
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42937

(i) Local Currency shall mean the

currency of the cooperating country.

(j) Mission shall mean the United

States USAID Mission to, or principal

USAID office in, the Cooperating

Country.

(k) Mission Director shall mean the

principal officer in the Mission in the

Cooperating Country, or his/her

designated representative.

(l) Third Country National shall mean

an individual (i) who is neither a citizen

of the United States nor of the country

to which assigned for duty, and (ii) who

is eligible for return travel to the TCN’s

home country or country from which

recruited at U.S. Government expenses,

and (iii) who is on a limited assignment

for a specific period of time.

(m) Tour of Duty shall mean the

contractor’s period of service under this

contract and shall include, authorized

leave and international travel.

(n) Traveler shall mean the contractor

or dependents of the contractor who are

in authorized travel status.

(o) Dependents shall mean spouse and

children (including step and adopted

children who are unmarried and under

21 years of age or, regardless of age, are

incapable of self-support.

2. Compliance With Laws and

Regulations Applicable Abroad (July

1993)

[For use in both CCN and TCN

Contracts].

(a) Conformity to Laws and

Regulations of the Cooperating Country.

Contractor agrees that, while in the

cooperating country, he/she as well as

authorized dependents will abide by all

applicable laws and regulations of the

cooperating country and political

subdivisions thereof.

(b) Purchase or Sale of Personal

Property or Automobiles. [For TCNs

Only].

To the extent permitted by the

cooperating country, the purchase, sale,

import, or export of personal property or

automobiles in the cooperating country

by the contractor shall be subject to the

same limitations and prohibitions

which apply to Mission U.S.-citizen

direct-hire employees.

(c) Code of Conduct.

The contractor shall, during his/her

tour of duty under this contract, be

considered an ‘‘employee’’ (or if his/her

tour of duty is for less than 130 days,

a ‘‘special Government employee’’) for

the purposes of, and shall be subject to,

the provisions of 18 U.S.C. 202(a) the

AID General Notice entitled Employee

Review of the New Standards of

Conduct. The contractor acknowledges

receipt of a copy of these documents by

his/her acceptance of this contract.

3. Physical Fitness (July 1993)

[For use in both CCN and TCN

Contracts].

(a) Cooperating Country National.

The contractor shall be examined by

a licensed doctor of medicine, and shall

obtain a statement of medical opinion

that, in the doctor’s opinion, the

contractor is physically qualified to

engage in the type of activity for which

he/she is to be employed under the

contract. A copy of the medical opinion

shall be provided to the Contracting

Officer before the contractor starts work

under the contract. The contractor shall

be reimbursed for the cost of the

physical examination based on the rates

prevailing locally for such examinations

in accordance with Mission practice.

(b) Third Country National.

(i) The contractor shall obtain a

physical examination for himself/herself

and any authorized dependents by a

licensed doctor of medicine. The

contractor shall obtain a statement of

medical opinion from the doctor that, in

the doctor’s opinion, the contractor is

physically qualified to engage in the

type of activity for which he/she is to

be employed under the contract, and the

contractor’s authorized dependents are

physically qualified to reside in the

cooperating country. A copy of that

medical opinion shall be provided to

the Contracting Officer prior to the

dependents’ departure for the

cooperating country.

(ii) The contractor shall be reimbursed

for the cost of the physical examinations

mentioned above as follows: (1) based

on those rates prevailing locally for such

examinations in accordance with

Mission practice or (2) if not done

locally, not to exceed $100 per

examination for the contractor’s

dependents of 12 years of age and over

and not to exceed $40 per examination

for contractor’s dependents under 12

years of age. The contractor shall also be

reimbursed for the cost of all

immunizations normally authorized and

extended to FSN employees.

4. Security (July 1993)

[For use in both CCN and TCN

Contracts].

(a) The contractor is obligated to

notify immediately the Contracting

Officer if the contractor is arrested or

charged with any offense during the

term of this contract.

(b) The contractor shall not normally

have access to classified or

administratively controlled information

and shall take conscious steps to avoid

receiving or learning of such

information. However, based on

contractor’s need to know, Mission may

authorize access to administratively

controlled information for performance

of assigned scope of work on a case-bycase basis in accordance with USAID

Handbook 6 or superseding ADS

Chapters.

(c) The contractor agrees to submit

immediately to the Mission Director or

Contracting Officer a complete detailed

report, marked ‘‘Privileged

Information’’, of any information which

the contractor may have concerning

existing or threatened espionage,

sabotage, or subversive activity against

the United States of America or the

USAID Mission or the cooperating

country government.

5. Workweek (Oct 1987)

[For use in both CCN and TCN

Contracts].

The contractor’s workweek shall not

be less than 40 hours, unless otherwise

provided in the Schedule, and shall

coincide with the workweek for those

employees of the Mission or the

cooperating country agency must

closely associated with the work of this

contract. If approved in advance in

writing, overtime worked by the

contractor shall be paid in accordance

with the procedures governing premium

compensation applicable to direct-hire

foreign service national employees. If

the contract is for less than full time (40

hours weekly), the leave earned shall be

prorated.

6. Leave and Holidays (Oct 1987)

[For use in both CCN and TCN

Contracts].

(a) Vacation Leave.

The contractor may accrue,

accumulate, use and be paid for

vacation leave in the same manner as

such leave is accrued, accumulated,

used and paid to foreign service

national direct-hire employees of the

Mission. No vacation leave shall be

earned if the contract is for less than 90

days. Unused vacation leave may be

carried over under an extension or

renewal of the contract as long as it

conforms to Mission policy and

practice. With the approval of the

Mission Director, and if the

circumstances warrant, a contractor may

be granted advance vacation leave in

excess of that earned, but in no case

shall a contractor be granted advance

vacation leave in excess of that which

he/she will earn over the life of the

contract. The contractor agrees to

reimburse USAID for leave used in

excess of the amount earned during the

contractor’s assignment under the

contract.

(b) Sick Leave.
42938 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

The contractor may accrue,

accumulate, and use sick leave in the

same manner as such leave is accrued,

accumulated and used by foreign

service national direct-hire employees

of the Mission. Unused sick leave may

be carried over under an extension of

the contract. The contractor will not be

paid for sick leave earned but unused at

the completion of this contract.

(c) Leave Without Pay.

Leave without pay may be granted

only with the written approval of the

Contracting Officer or Mission Director.

(d) Holidays.

The contractor shall be entitled to all

holidays granted by the Mission to

direct-hire cooperating country national

employees who are on comparable

assignments.

7. Social Security and Cooperating

Country Taxes (Dec 1986)

[For use in both CCN and TCN

Contracts].

Funds for Social Security, retirement,

pension, vacation or other cooperating

country programs as required by local

law shall be deducted and withheld in

accordance with laws and regulations

and rulings of the cooperating country

or any agreement concerning such

withholding entered into between the

cooperating government and the United

States Government.

8. Insurance (July 1993)

[For use in both CCN and TCN

Contracts].

(a) Worker’s Compensation Benefits.

The contractor shall be provided

worker’s compensation benefits under

the Federal Employees Compensation

Act.

(b) Health and Life Insurance.

The contractor shall be provided

personal health and life insurance

benefits on the same basis as they are

granted to direct-hire CCNs and TCN

employees at the post under the Post

Compensation Plan.

(c) Insurance on Private

Automobiles—Contractor Responsibility

[For use in TCN contracts]. If the

contractor or dependents transport, or

cause to be transported, any privately

owned automobile(s) to the cooperating

country, or any of them purchase an

automobile within the cooperating

country, the contractor agrees to ensure

that all such automobile(s) during such

ownership within the cooperating

country will be covered by a paid-up

insurance policy issued by a reliable

company providing the following

minimum coverages, or such other

minimum coverages as may be set by

the Mission Director, payable in U.S.

dollars or its equivalent in the currency

of the cooperating country: injury to

persons, $10,000/$20,000; property

damage, $5,000. The contractor further

agrees to deliver, or cause to be

delivered to the Mission Director, copies

of the insurance policies required by

this clause or satisfactory proof of the

existence thereof, before such

automobile(s) is operated within the

cooperating country. The premium costs

for such insurance shall not be a

reimbursable cost under this contract.

(d) Claims for Private Personal

Property Losses [For use in TCN

contracts]. The contractor shall be

reimbursed for private personal

property losses in accordance with

USAID Handbook 23, ‘‘Overseas

Support’’, Chapter 10, or superseding

ADS Chapter.

9. Travel and Transportation Expenses

(July 1993)

[For use in both CCN and TCN

Contracts as appropriate].

(a) General. The contractor will be

reimbursed in currency consistent with

the prevailing practice at post and at the

rates established by the Mission Director

for authorized travel in the cooperating

country in connection with duties

directly referable to work under this

contract. In the absence of such

established rates, the contractor shall be

reimbursed for actual costs of

authorized travel in the cooperating

country if not provided by the

cooperating government or the Mission

in connection with duties directly

referable to work hereunder, including

travel allowances at rates prescribed by

USAID Handbook 22, ‘‘Foreign Service

Travel Regulations’’ or superseding ADS

Chapters as from time to time amended.

The Executive or Administrative Officer

at the Mission may furnish

Transportation Requests (TR’s) for

transportation authorized by this

contract which is payable in local

currency or is to originate outside the

United States. When transportation is

not provided by Government issued TR,

the contractor shall procure the

transportation, and the costs will be

reimbursed. 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 TCN

contractor shall be reimbursed for travel

costs and travel allowances from place

of residence in the country of

recruitment (or other location provided

that the cost of such travel does not

exceed the cost of the travel from the

place of residence) to the post of duty

in the cooperating country and return to

place of residence in the country of

recruitment (or other location provided

that the cost of such travel does not

exceed the cost of travel from the post

of duty in the cooperating country to the

contractor’s residence) upon completion

of services by the individual.

Reimbursement for travel will be in

accordance with USAID’s established

policies and procedures for its CCN and

TCN direct-hire employees and the

provisions of this contract, and will be

limited to the cost of travel by the most

direct and expeditious route. If the

contract is for longer than one year and

the contractor does not complete one

full year at post of duty (except for

reasons beyond his/her control), the cost

of going to and from the post of duty for

the contractor and his/her dependents

are not reimbursable hereunder. If the

contractor serves more than one year but

less than the required service in the

cooperating country (except for reasons

beyond his/her control) costs of going to

the post of duty are reimbursable

hereunder but the cost of going from

post of duty to the contractor’s

permanent, legal place of residence at

the time he or she was employed for

work under this contract are not

reimbursable under this contract for the

contractor and his/her dependents.

When travel is by economy class

accommodations, the contractor will be

reimbursed for the cost of transporting

up to 10 kilograms/22 pounds of

accompanied personal baggage per

traveler in addition to that regularly

allowed with the economy ticket

provided that the total number of

pounds of baggage does not exceed that

regularly allowed for first class

travelers. Travel allowances for travelers

shall not be in excess of the rates

authorized in the Standardized

Regulations (Government Civilians,

Foreign Areas) hereinafter referred to as

the Standardized Regulations—as from

time to time amended, for not more than

the travel time required by scheduled

commercial air carrier using the most

expeditious route. One stopover enroute

for a period of not to exceed 24 hours

is allowable when the traveler uses

economy class accommodations for a

trip of 14 hours or more of scheduled

duration. Such stopover shall not be

authorized when travel is by indirect

route or is delayed for the convenience

of the traveler. Per diem during such

stopover shall be paid in accordance

with the Federal Travel Regulations as

from time to time amended.

(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
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42939

Country. In the absence of such

established rates the contractor shall be

reimbursed for actual travel costs in the

Cooperating Country by the Mission,

including travel allowances at rates not

in excess of those prescribed by the

Standardized Regulations.

(d) Indirect Travel for Personal

Convenience of a TCN. When travel is

performed by an indirect route for the

personal convenience of the traveler, the

allowable costs of such travel will be

computed on the basis of the cost of

allowable air fare via the direct usually

traveled route. If such costs include

fares for air or ocean travel by foreign

flag carriers, approval for indirect travel

by such foreign flag carriers must be

obtained from the Contracting Officer or

the Mission Director before such travel

is undertaken, otherwise only that

portion of travel accomplished by the

United States-flag carriers will be

reimbursable within the above

limitation of allowable costs.

(e) Limitation on Travel by TCN

Dependents. Travel costs and

allowances will be allowed for

authorized dependents of the contractor

and such costs shall be reimbursed for

travel from place of abode in the

country of recruitment to the assigned

station in the Cooperating Country and

return, only if the dependent remains in

the Cooperating Country for at least 9

months or one-half of the required tour

of duty of the contract, whichever is

greater, except as otherwise authorized

hereunder for education, medical, or

emergency visitation travel. Dependents

of the TCN contractor must return to the

country of recruitment or home country

within thirty days of the termination or

completion of the contractor’s

employment, otherwise such travel will

not be reimbursed under this contract.

(f) Delays Enroute. The contractor

may be granted reasonable delays

enroute while in travel status when

such delays are caused by events

beyond the control of the contractor and

are not due to circuitous routing. It is

understood that if delay is caused by

physical incapacitation, he/she shall be

eligible for such sick leave as provided

under the ‘‘Leave and Holidays’’ clause

of this contract.

(g) Travel by Privately Owned

Automobile (POV). If travel by POV is

authorized in the contract schedule or

approved by the Contracting Officer, the

contractor shall be reimbursed for the

cost of travel performed in his/her POV

at a rate not to exceed that authorized

in the Federal Travel Regulations plus

authorized per diem for the employee

and, if the POV is being driven to or

from the cooperating country as

authorized under the contract, for each

of the authorized dependents traveling

in the POV, provided that the total cost

of the mileage and 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.

(h) Emergency and Irregular Travel

and Transportation. [For TCNs only].

Emergency transportation costs and

travel allowances while enroute, as

provided in this section, will be

reimbursed not to exceed amounts

authorized by the Foreign Service

Travel Regulations for FSN direct-hire

employees in like circumstances under

the following conditions:

(1) The costs of going from post of

duty in the cooperating country to

another approved location for the

contractor and authorized dependents

and returning to post of duty, subject to

the prior written approval of the

Mission Director, when such travel is

necessary for one of the following

reasons:

(i) Need for medical care beyond that

available within the area to which

contractor is assigned.

(ii) Serious effect on physical or

mental health if residence is continued

at assigned post of duty.

(iii) Serious illness, injury, or death of

a member of the contractor’s immediate

family or a dependent, including

preparation and return of the remains of

a deceased contractor or his/her

dependents.

(2) Emergency evacuation when

ordered by the principal U.S.

Diplomatic Officer in the cooperating

country. Transportation and travel

allowances at safe haven and the

transportation of household effects and

automobile or storage thereof when

authorized by the Mission Director,

shall be payable in accordance with

established Government regulations.

(3) The Mission Director may also

authorize emergency or irregular travel

and transportation in other situations

when in his/her opinion the

circumstances warrant such action. The

authorization shall include the kind of

leave to be used and appropriate

restrictions as to time away from post,

transportation of personal and

household effects, etc.

(i) Country of Recruitment Travel and

Transportation. [For TCNs only]. The

contractor shall be reimbursed for actual

transportation costs and travel

allowances in the country of

recruitment as authorized in the

Schedule or approved in advance by the

Contracting Officer or the Mission

Director. Transportation costs and travel

allowances shall not be reimbursed in

any amount greater than the cost of, and

time required for, economy-class

commercial-scheduled air travel by the

most expeditious route except as

otherwise provided in paragraph (h)

above, unless economy air travel is not

available and the contractor adequately

documents this to the satisfaction of the

Contracting Officer in documents

submitted with the voucher.

(j) Rest and Recuperation Travel. [For

TCNs only].

If approved in writing by the Mission

Director, the contractor and his/her

dependents shall be allowed rest and

recuperation travel on the same basis as

direct-hire TCN employees and their

dependents at the post under the local

compensation plan.

(k) Transportation of Personal Effects

(Excluding Automobiles and Household

Goods). [For TCNs only].

(1) General. Transportation costs will

be paid on the same basis as for directhire employees at post serving the same

length tour of duty, as authorized in the

schedule. Transportation, including

packing and crating costs, will be paid

for shipping from contractor’s residence

in the country of recruitment or other

location, as approved by the Contracting

Officer (provided that the cost of

transportation does not exceed the cost

from the contractor’s residence) to post

of duty in the cooperating country and

return to the country of recruitment or

other location provided the cost of

transportation of the personal effects of

the contractor not to exceed the

limitations in effect for such shipments

for USAID direct-hire employees in

accordance with the Foreign Service

Travel Regulations in effect at the time

shipment is made. These limitations

may be obtained from the Contracting

Officer. The cost of transporting

household goods shall not exceed the

cost of packing, crating, and

transportation by surface common

carrier.

(2) Unaccompanied Baggage.

Unaccompanied baggage is considered

to be those personal belongings needed

by the traveler immediately upon arrival

of the contractor and dependents. To

permit the arrival of effects to coincide

with the arrival of the contractor 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 in effect when

shipment is made. These limitations are

available from the Contracting Officer.
42940 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

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.

(l) Reduced Rates on U.S.-Flag

Carriers. Reduced rates on U.S.-flag

carriers are in effect for shipments of

household goods and personal effects of

USAID contractors between certain

locations. These reduced rates are

available provided the shipper furnishes

to the carrier at the time of the issuance

of the Bill of Lading documentary

evidence that the shipment is for the

account of USAID. The Contracting

Officer will, on request, furnish to the

contractor current information

concerning the availability of a reduced

rate with respect to any proposed

shipment. The contractor will not be

reimbursed for shipments of household

goods or personal effects in amounts in

excess of the reduced rates which are

available in accordance with the

foregoing.

(m) Transportation of things. [For

TCNs Only]. Where U.S. flag vessels are

not available, or their use would result

in a significant delay, the contractor

may obtain a release from the

requirement to use U.S. flag vessels

from the Transportation Division, Office

of Procurement, U.S. Agency for

International Development, Washington,

DC 20523–1419, or the Mission Director,

as appropriate, giving the basis for the

request.

(n) Repatriation Travel. [For TCNs

Only]. Notwithstanding other provisions

of this Clause 9, a TCN must return to

the country of recruitment or to the

TCN’s home country within 30 days

after termination or completion of

employment or forfeit all right to

reimbursement for repatriation travel.

The return travel obligation [repatriation

travel] assumed by the U.S. Government

may have been the obligation of another

employer in the area of assignment if

the employee has been in substantially

continuous employment which

provided for the TCN’s return to home

country or country from which

recruited.

(o) Storage of household effects. [For

TCNs Only]. The cost of storage charges

(including packing, crating, and drayage

costs) in the country of recruitment 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 (k) above provided that the

total amount of effects shipped to the

Cooperating Country or stored in the

country of recruitment shall not exceed

the amount authorized for USAID

direct-hire employees under the Foreign

Service Travel Regulations. These

amounts are available from the

Contracting Officer.

10. Payment (May 1997)

[For use in both CCN and TCN

Contracts].

(a) Payment of compensation shall be

based on written documentation

supporting time and attendance which

may be (1) maintained by the Mission in

the same way as for direct-hire CCNs

and TCNs or (2) the contractor may

submit such written documentation in a

form acceptable to Mission policy and

practice as required for other personal

services contractors and as directed by

the Mission Controller or paying office.

The documentation will also provide

information required to be filed under

cooperating country laws to permit

withholding by USAID of funds, if

required, as described in the clause of

these General Provisions entitled Social

Security and Cooperating Country

Taxes.

(b) Any other payments due under

this contract shall be as prescribed by

Mission policy for the type of payment

being made.

11. Contractor-Mission Relationships

(Dec. 1986)

[For use in both CCN and TCN

Contracts].

(a) The contractor acknowledges that

this contract is an important part of the

U.S. Foreign Assistance Program and

agrees that his/her duties will be carried

out in such a manner as to be fully

commensurate with the responsibilities

which this entails. Favorable relations

between the Mission and the

Cooperating Government as well as with

the people of the cooperating country

require that the contractor shall show

respect for the conventions, customs,

and institutions of the cooperating

country and not become involved in any

illegal political activities.

(b) If the contractor’s conduct is not

in accordance with paragraph (a), the

contract may be terminated pursuant to

the General Provision of this contract,

entitled ‘‘Termination.’’ If a TCN, the

contractor recognizes the right of the

U.S. Ambassador to direct his/her

immediate removal from any country

when, in the discretion of the

Ambassador, the interests of the United

States so require.

(c) The Mission Director is the chief

representative of USAID in the

cooperating country. In this capacity,

he/she is responsible for the total

USAID Program in the cooperating

country including certain administrative

responsibilities set forth in this contract

and for advising USAID regarding the

performance of the work under the

contract and its effect on the U.S.

Foreign Assistance Program. The

contractor will be responsible for

performing his/her duties in accordance

with the statement of duties called for

by the contract. However, he/she shall

be under the general policy guidance of

the Mission Director and shall keep the

Mission Director or his/her designated

representative currently informed of the

progress of the work under this contract.

12. Termination (Nov. 1989)

[For use in both CCN and TCN

Contracts].

(This is an approved deviation to be

used in place of the clause specified in

FAR 52.249–12.)

(a) The Government may terminate

performance of work under this contract

in whole or, from time to time, in part:

(1) For cause, which may be effected

immediately after establishing the facts

warranting the termination, by giving

written notice and a statement of

reasons to the contractor in the event (i)

the contractor commits a breach or

violation of any obligations herein

contained, (ii) a fraud was committed in

obtaining this contract, or (iii) the

contractor is guilty (as determined by

USAID) of misconduct in the

cooperating country. Upon such a

termination, the contractor’s right to

compensation shall cease when the

period specified in such notice expires

or the last day on which the contractor

performs services hereunder, whichever

is earlier. No costs of any kind incurred

by the contractor after the date such

notice is delivered shall be reimbursed

hereunder except the cost of return

transportation (not including travel

allowances), if approved by the

Contracting Officer. If any costs relating

to the period subsequent to such date

have been paid by USAID, the

contractor shall promptly refund to

USAID any such prepayment as directed

by the Contracting Officer.

(2) For the convenience of USAID, by

giving not less than 15 calender days

advance written notice to the contractor.

Upon such a termination, contractor’s

right to compensation shall cease when

the period specified in such notice

expires except that the contractor shall

be entitled to any accrued, unused

vacation leave, return transportation

costs and travel allowances and

transportation of unaccompanied

baggage costs at the rates specified in

the contract and subject to the

limitations which apply to authorized

travel status.

(3) For the convenience of USAID,

when the contractor is unable to

complete performance of his/her
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations 42941

services under the contract by reason of

sickness or physical or emotional

incapacity based upon a certification of

such circumstances by a duly qualified

doctor of medicine approved by the

Mission. The contract shall be deemed

terminated upon delivery to the

contractor of a termination notice. Upon

such a termination, the contractor shall

not be entitled to compensation except

to the extent of any accrued, unused

vacation leave, but shall be entitled to

return transportation, travel allowances,

and unaccompanied baggage costs at

rates specified in the contract and

subject to the limitations which apply to

authorized travel status.

(b) The contractor, with the written

consent of the Contracting Officer, may

terminate this contract upon at least 15

days’ written notice to the Contracting

Officer.

13. Allowances (Dec. 1986)

[For TCNs only].

Allowances will be granted to the

contractor and authorized dependents

on the same basis as to direct-hire TCN

employees at the post under the Post

Compensation Plan. The allowances

provided shall be paid to the contractor

in the currency of the cooperating

country or in accordance with the

practice prevailing at the Mission.

14. Advance of Dollar Funds (Dec 1986)

[For TCNs only].

If requested by the contractor and

authorized in writing by the Contracting

Officer, USAID will arrange for an

advance of funds to defray the initial

cost of travel, travel allowances,

authorized precontract expenses, and

shipment of personal property. The

advance shall be granted on the same

basis as to an USAID U.S.-citizen directhire employee in accordance with

USAID Handbook 22, Chapter 4 or

superseding ADS Chapters.

15. Conversion of U.S. Dollars To Local

Currency (Dec 1986)

[For TCNs only].

Upon arrival in the cooperating

country, and from time to time as

appropriate, the contractor shall consult

with the Mission Director or his/her

authorized representative who shall

provide, in writing, the policy the

contractor shall follow in the conversion

of one currency to another currency.

This may include, but not be limited to,

the conversion of said currency through

the cognizant U.S. Disbursing Officer, or

Mission Controller, as appropriate.

16. Post of Assignment Privileges (Dec

1986)

[For TCNs only].

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 host

governments. These facilities are

intended for and usually limited to U.S.

citizen members of the official U.S.

Mission including the Embassy, USAID,

Peace Corps, U.S. Information Services

and the Military. Normally, the

agreements do not permit these facilities

to be made available to non-U.S.

citizens if they are under contract to the

United States Government. However, in

those cases where the facilities are open

to TCN contractor personnel, they may

be used.

17. Release Of Information (Dec 1986)

[For use in both CNN and TCN

Contracts].

All rights in data and reports shall

become the property of the U.S.

Government. All information gathered

under this contract by the contractor

and all reports and recommendations

hereunder shall be treated as privileged

information by the contractor and shall

not, without the prior written approval

of the Contracting Officer, be made

available to any person, party, or

government, other than USAID, except

as otherwise expressly provided in this

contract.

18. Notices (Dec 1986)

[For use in both CNN and TCN

Contracts].

Any notice, given by any of the

parties hereunder, shall be sufficient

only if in writing and delivered in

person or sent by telegraph, telegram,

registered, or regular mail as follows:

(a) TO USAID: To the Mission

Director of the Mission in the

Cooperating Country with a copy to the

appropriate Contracting Officer.

(b) TO THE CONTRACTOR: At his/

her post of duty while in the

Cooperating Country and at the

contractor’s address shown on the Cover

Page of this contract or to such other

address as either of such parties shall

designate by notice given as herein

required.

Notices hereunder shall be effective

when delivered in accordance with this

clause or on the effective date of the

notice, whichever is later.

19. Incentive Awards (Dec 1996)

[For CNN and TCN Contracts].

(a) All Cooperating Country National

(CCN) Personal Services Contractors

(PSCs) and Third Country Nationals

(TCNs) of the Foreign Affairs

Community are eligible for the Joint

Embassy Incentive Awards Program.

The program is administered by each

post’s (Embassy) Joint Country Awards

Committee.

(b) Meritorious Step Increases

Meritorious step increases may be

granted to CNNs and TCNs paid under

the local compensation plan provided

the granting of such increases is the

general practice locally.

20. Training (July 1993)

[For CNN and TCN Contracts].

The contractor may be provided job

related training to develop growth

potential, expand capabilities and

increase knowledge and skills. The

training may be funded under the

personal services contract.

21. Medical Evacuation (MEDEVAC)

Services (July 1993)

[For TCN Contracts Only].

(a) The contractor agrees to obtain

medevac service coverage for himself/

herself and his/her authorized

dependents while performing personal

services abroad. Coverage shall be

obtained pursuant to the terms of the

contract between USAID and USAID’s

medevac service provider unless

exempted in accordance with paragraph

(b).

(b) The following are exempted from

the requirements in paragraph (a):

(i) Contractors and their dependents

with a health insurance program that

includes sufficient medevac coverage as

approved by the Contractor Officer.

(ii) Contractors and their dependents

located at Missions where the Mission

Director makes a written determination

to waive the requirement for such

coverage based on findings that the

quality of local medical services or other

circumstances obviate the need for such

coverage.

(c) Information on the current

medevac service provider, including

application procedures, is available

from the Contracting Officer.

13. FAR Clauses

The following FAR Clauses are always

to be used along with the General

Provisions. They are required in full

text.

1. Covenant Against Contingent Fees

52.203–5

2. Disputes 52.233–1 (Alternate 1)

3. Preference for U.S. Flag Air Carriers

52.247–63

The following FAR Clauses are to be

used along with the General Provisions,

and when appropriate, be incorporated

in each personal services contract by

reference:

1. Anti-Kickback Procedures 52.203–7

2. Limitation on Payments to Influence

Certain Federal Transactions

52.203–12
42942 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Rules and Regulations

3. Audit and Records—Negotiation

52.215–2

4. Privacy Act Notification 552.224–1

5. Privacy Act 52.224–2

6. Taxes—Foreign Cost Reimbursement

Contracts 52.229–8

7. Interest 52.232–17

8. Limitation of Cost 52.232–20

9. Limitation of Funds 52.232–22

10. Assignment of Claims 52.232–23

11. Protection of Government Buildings,

Equipment, and Vegetation

52.237–2

12. Notice of Intent to Disallow Costs

52.242–1

13. Inspection 52.246–5

14. Limitation of Liability—Services

52.246–25

Dated: June 23, 1997.

Marcus L. Stevenson,

Procurement Executive.

[FR Doc. 97–20717 Filed 8–8–97; 8:45 am]

BILLING CODE 6116–01–M