USAID Acquisition Regulation (AIDAR) A Mandatory Reference to ADS 300 Series Acquisition Chapters

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1 USAID Acquisition Regulation (AIDAR) A Mandatory Reference to ADS 300 Series Acquisition Chapters Partial Revision Date: 04/03 /2019 Responsible Office: M/OAA/P File Name: AIDAR_ 0403 19

2 USAID Acquisition Regulation (AIDAR) Foreword This Mandatory Reference document is not the official legal edition of the AIDAR. It is an edited version of the AIDAR that was effective October 25, 2016 as published in the Federal Register under 81 FR 73352. The Office of the Federal Register maintains the official version of the document, AIDAR (Title 48 of the Code of Federal Regulations Chapter 7). This Mandatory Reference document is a courtesy copy of the AIDAR that contains interim updates made to the AIDAR through deviations and internal Agency policy directives, such as Acquisition and Assistance Policy Directives (AAPDs). This version was prepared to enable users to see the revised deviated text when researching the regulation. 2

3 Title 48 of the Code of Federal Regulations (CFR) Chapter 7 USAID Acquisition Regulation (AIDAR) Table of Contents 8 ... ... ... ... — GENERAL SUBCHAPTER A FEDERAL ACQUISITION REGULATION SYSTEM ... ... 8 — PART 701 — Subpart 701.1 ... ... ... 8 Purpose, Authority, Issuance Subpart 701.3 U.S. Agency for International Development Acquisition Regulation ... 9 — Subpart 701.4 Deviations from the FAR or AIDAR ... ... ... 10 — Subpart 701.6 — Career Development, Contracting Authority, and Responsibilities ... 13 Subpart 701.7 — ... ... ... 16 Determinations and Findings PART 702 DEFINITIONS OF WORDS AND TERMS ... ... . 16 — S ubpart 702.170 — Definitions ... ... ... ... 16 Subpart 702.270 Definitions Clause ... ... ... 18 — PART 703 – IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF ... INT ... ... EREST ... ... 19 ... Subpart 703.1 — Safeguards ... ... ... 19 PART 704 — ... ... ... 19 ADMINISTRATIVE MATTERS art 704.4 Safeguarding Classified Information Within Industry ... 19 Subp — — Contract Files [Reserved] ... ... ... 20 Subpart 704.8 — Partner Vetti ng ... ... ... ... 20 Subpart 704.70 ... SUBCHAPTER B ACQUISITION PLANNING ... ... 23 – PART 705 — PUBLICIZING CONTRACT ACTIONS ... ... ... 23 Subpart 705.1 ... ... ... ... 23 ... — Synopsis of Proposed Contract Actions ... ... 24 Subpart 705.2 Subpart 705.5 — Paid Advertisement ... ... ... 24 PART 706 COMPETITION REQUIREMENTS ... ... ... 25 — - 706.2 [Reserved] ... ... ... ... 25 Subparts 706.1 25 Subpart 706.3 — Other Th an Full and Open Competition ... ... 3

4 Subpart 706.5 — ... ... ... 28 Competition Advocates — ACQUISITION PLANNING ... ... ... 29 PART 707 . — ... ... ... 29 Subpart 707.1 Acquisition Plans — CONTRACTOR QUALIFICATIONS ... ... ... 29 PART 709 Subpart 709.4 — and Ineligibility ... ... 29 Debarment, Suspension — ... ... Subpart 709.5 29 Organizational Conflicts of Interest PART 711 DESCRIBING AGENCY NEEDS ... ... ... 30 — SUBCHAPTER C – CONTRACTING METHODS AND CONTRACT TYPES ... 31 PART 713 — ... ... 31 SIMPLIFIED ACQUISITION PROCEDURES — ... ... ... ... Subpart 713.1 32 Procedures. ... PART 714 ... ... SEALED BIDDING ... 32 — Subpart 714.4 — Opening of Bids and Award of Contract ... ... 32 ... PART 715 Contracting by Negotiation ... ... 33 – Subpart 715.3 — Source Selection ... ... ... ... 33 — Subpart 715.70 ... Partner Vetting ... ... ... 38 Subpart 715.6 — ... ... ... 38 Unsolicited Proposals – ... ... ... 40 PART 716 TYPES OF CONTRACTS Cost Reimbursement Contracts ... ... ... 40 Subpart 716.3 — — Indefinite - Delivery Contracts Subpart 716.5 ... ... 40 ... PART 717 SPECIAL CONTRACTING METHO DS ... ... ... – 41 Subpart 717.70 Pharmaceutical Products ... ... ... 41 SUBCHAPTER D – SOCIOECONOMIC PROGRAMS ... ... ... 41 PART 719 – SMALL BUSINESS PROGRAMS ... ... ... 41 719.270 ... ... ... 41 Small business policies ... Subpart 719.273 — The U.S. Agency for Internationa l Development (USAID) Mentor - Protégé Progr am ... ... ... ... ... 49 Subpart 719 7 — The Small Business Subcontracting Program ... ... 56 - PART 722 – APPLICATION OF LAB OR LAWS TO GOVERNMENT ACQUISITION ... 56 56 Subpart 722.1 — Basic Labor Policies ... ... ... 4

5 Subpart 722.8 — ... ... ... 58 Equal Employment Opportunity PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION PART 724 61 — ... Freedom of Information Act ... ... 61 — Subpart 724.2 ... FOREIGN ACQUISITION ... ... ... . 61 PART 725 — — — Supplies ... ... ... 61 Subpart 725.1 Buy American Act .. Trade Agreements ... ... ... 61 Subpart 725.4 — — Source and Nationality ... ... ... 62 Subpart 725.70 — PART 726 ... ... ... 63 OTHER SOCIOECONOMIC PROGRAMS 726.70 [Reserved] ... ... ... ... 63 Subpart — Relocation of U.S. Businesses, Assistance to Export Processing Zones, Subpart 726.71 ... ... Internationally Recognized Workers' Rights 63 ... – GENERAL CONTRACTING REQUIREMENTS SUBCHAPTER E ... 64 ... PART 727 PATENTS, DATA, AND COPYRIGHTS ... ... ... 64 — — Patent Right s under Government Contracts ... ... 64 Subpart 727.3 Subpart 727.4 — Rights in Data and Copyrights ... ... ... 64 — PART 728 BONDS AND INSURANCE ... ... ... 65 Subpart 728.1 — ... ... ... ... 65 Bonds ... — ... ... ... 66 Subpart 728.3 Insurance — TAXES ... ... ... ... . 68 PART 729 — Subpart 729.4 ... ... ... ... 68 Contract Clauses – CONTRACT COST PRINCIPLES AND PROCEDURES ... ... 68 PART 731 Subpart 731.1 — Applica bility ... ... ... ... 68 Subpart 731.2 — ... ... 69 Contracts With Commercial Organizations — ... ... Subpart 731.3 71 Contracts With Educational Institutions Subpart 731.7 Contracts With Nonprofit Organizations ... ... 73 — PART 732 – CONTRACT FINANCING ... ... ... 74 ... Subpart 732.4 - Commercial Items Advance Payments for Non ... 74 — – PROTESTS, DISPUTES AND APPEALS ... ... ... 77 PART 733 77 Subpart 733.1 — Protests ... ... ... ... 5

6 Subpart 733.27 — ... ... 79 USAID Procedures for Disputes and Appeals – ... ... 79 SUBCHAPTER F SPECIAL CATEGORIES OF CONTRACTING — ... ... ... 79 PART 734 MAJOR SYSTEM ACQUISITION - CONSTRUCTION AND ARCHITECT - ENGINEER CONTRACTS ... PART 736 80 Subpart 7 — Contract Clauses ... ... ... ... 80 36.5 ... — - Engineer Services ... Architect ... 80 Subpart 736.6 PART 737 - RESERVED ... ... ... ... 83 SUBCHAPTER G – CONTRACT MANAGEMENT ... ... ... 83 – ... CONTRACT ADMINISTRATION ... PART 742 ... 83 — Indirect Cost Rates ... ... ... .. 83 Subpart 742.7 Subpart 742.11 — Production, Surveillance, and Reporting ... ... 83 .. Subpart 742.15 ... ... Contractor Performance Information 8 5 — PART 744 – SUBCONTRACTING POLICIES AND PROCEDURES ... ... 86 ... Subpart 744.2 Consent to Subcontracts ... — ... 86 – PART 745 ... GO VERNMENT PROPERTY ... ... 86 Subpart 745.1 — ... ... ... ... 86 General ... – ... ... ... TRANSPORTATION 87 PART 747 ubpart 747.5 — Ocean Transportation by U.S. - Flag Vessels ... ... 87 S – ... TERMINATION OF CONTRACTS PART 749 ... ... 87 — ... ... ... Subpart 749.1 ... 87 General Principles – EXTRAORDINARY CONTRACTUAL ACTIONS ... ... 89 PART 750 Subpart 750.70 [Reserved] ... ... ... ... 89 Su bpart 750.71 Extraordinary Contractual Actions to Protect Foreign Policy Interests of the — ... ... ... ... 89 United States ... – SUBCHAPTER H CLAUSES AND FORMS ... ... ... 96 PART 752 – SOLICITATIONS PROVISIONS AND CONTRACT CLAUSES ... . 96 Subpart 752.1 Instructions for Using Provisions and Clauses ... ... 96 — Subpar t 752.2 - Texts of Provisions and Clauses ... ... ... 98 Subpart 752.70 — Texts of USAID Contract Clauses ... ... ... 134 173 Subpart 752.3 - 70 — USAID Clause Matrices [ Reserved] ... ... 6

7 PART 753 – FORMS ... ... ... ... 173 ... – ... ... ... General 173 Subpart 753.1 — Prescription of Forms ... ... ... 173 Subpart 753.2 Subpart 753.3 Illustration of Forms ... ... ... 173 — APPENDIX A, B, and C [RESERVED} ... ... ... 174 Appendix D to Chapter 7 — Direct USAID Contracts With a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad ... ... ... 174 ... ... – [RESERVED] ... ... APPENDIX E ... 235 Appendix F to Chapter 7 — Use of Collaborative Assistance Method for Title XII Activities ... 235 Appendix I to Chapter 7 USAID's Academic Publication Policy ... ... 243 — Appendix J to Chapter 7 — Direct USAID Contracts With a Cooperating Country National and 245 With a Third Country National for Personal Services Abroad ... ... 7

8 SUBC HAPTER A GENERAL — PART 701 FEDERAL ACQUISITION REGULATION SYSTEM — — Purpose, Authority, Issuance Subpart 701.1 701.106 OMB approval under the Paperwork Reduction Act. (a) The following information collection and record keeping requirements established by USAID have been approved by OMB and assigned an OMB control number as specified below: (48 CFR) AIDAR segment OMB control No. 752.219 8 0412 - 0520 - 752.245 - 70 0412 - 0520 752.245 - 71(c)(2) 0412 - 0520 752.247 - 70(c) 0412 - 0520 752.7001 - 0520 0412 0520 - 752.7002(j) 0412 752.7003 0412 - 0520 752.7004 0412 - 0520 752.7032 0412 - 0520 (b) The information requested by the AIDAR sections listed in paragraph (a) is necessary to allow USAID to prudently administer public funds. It lets USAID make reasonable assessments o f contractor capabilities and responsibility of costs. Information is required in order for a contractor and/or its employee to obtain a benefit - usually taking the form of payment under a Government contract. (c) Public reporting burden for these collectio ns of information is estimated as shown in paragraph (a) of this section. The estimated burden includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collec tion of information. [59 FR 33445, June 29, 1994, as amended at 61 FR 39090, July 26, 1996; 62 FR 40466, July 29, 1997; 64 FR 16648, Apr. 6, 1999; 72 FR 19670, Apr. 19, 2007. Redesignated and amended at 79 FR 74988, 74989, Dec. 16, 2014] 8

9 Subpart 701.3 — . Agency for International Development Acquisition U.S Regulation OURCE : 64 FR 42040, Aug. 3, 1999, unless otherwise noted. S 701.301 Policy. (a) Responsibility. Subject to the direction of the Administrator, the Director, Bureau for Management, Office of Ac quisition and Assistance (“M/OAA Director) is responsible for: (1) Developing and maintaining necessary uniform procurement policies, procedures, and standards; (2) Providing assistance to the contracting activities as appropriate; (3) Keeping the Admin istrator and Executive Staff fully informed on procurement matters which should be brought to their attention; and (4) All agency head duties and authorities stated in (48 CFR) FAR subpart 1.3, in ties include but are not accordance with (48 CFR) AIDAR 701.601. These responsibili limited to developing, issuing, and maintaining the USAID Acquisition Regulation (“AIDAR”, 48 CFR chapter 7), USAID's supplement to the Federal Acquisition al Counsel Regulation (48 CFR chapter 1), in coordination with the Office of the Gener and such other offices as may be appropriate. Applicability. (1) Unless a deviation is specifically authorized in accordance with (b) subpart 701.4, or unless otherwise provided, the FAR and AIDAR apply to all contracts (regardless of currency of payment, or whether funds are appropriated or non - appropriated) to which USAID is a direct party. (2) At Missions where joint administrative services are arranged, procuring offices may apply the Department of State Acquisition Regulation (48 CFR chapt er 6) for all administrative and technical support contracts except in defined areas. The Bureau for Management, Office of Management Services (M/MS) will furnish the defined areas and administrative guidelines for procurement to the overseas Missions. Adm inistrative and local support services include the procurement accountability, maintenance and disposal of all office and residential equipment and furnishings, vehicles and expendable supplies purchased with administrative and/or technical support funds, either dollars or local currency. [64 FR 42040, Aug. 3, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, 2014] Publication and codification. 701.303 9

10 (a) The AIDAR is USAID's Acquisition Regulation supplementing the FAR (48 CFR chapt er 1) and is published as chapter 7 of title 48, Code of Federal Regulations. AIDAR Circulars shall be used to promulgate changes to the AIDAR and shall be published in compliance with (48 CFR) FAR part 1. Significant procurement policies and procedures that do not (b) Appendices. correspond to or conveniently fit into the FAR system described in FAR subpart 1.1 and 1.303 may be published as Appendices to the AIDAR. Appendices follow the main text of the AIDAR in a section entitled “Appendices to Chapter 7 ” and contain a table of contents and the individual appendices identified by letter and subject title (e.g., — Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for “Appendix D Personal Services Abroad”). he authority to issue internal Agency guidance (c) Only the M/OAA Director has t applicable to all Agency contracts. The heads of the various Agency contracting activities (see Subparts 701.6 and 702.170) may issue operating instructions and procedures consistent with the FAR, AIDAR, and o ther Agency regulations, policies, and procedures for application within their organizations. One copy of each such issuance must be forwarded to the Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P). Insofar as possibl e, such material must be numerically keyed to the AIDAR. [64 FR 42040, Aug. 3, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 74989, Dec. 16, 2014] Subpart 701.4 — Deviations from the FAR or AIDAR Policy. 701.402 ions from the mandatory requirements of the It is USAID policy to approve deviat FAR and AIDAR only if it is essential to effect necessary procurement actions and when special and exceptional circumstances make such deviation clearly in the best interest of the Government. [79 FR 74989, Dec. 16, 2014] 701.470 Procedure. (a) Deviation from the FAR or AIDAR affecting one contract or transaction. (1) Deviations which affect only one contract or procurement will be made only after prior approval by the head of the contracting activity. Deviation requests containing the information listed in paragraph (c) of this section shall be submitted sufficiently in advance of the effective date of such deviation to allow adequate time for consideration and evaluation by the head of the contracting activity. (2) Requests for such deviations may be initiated by the responsible USAID contracting officer who must obtain clearance and approvals as may be required by the 10

11 head of the contracting activity. Prior to submission of the deviation request to the head of the contracting activity for approval, the contracting officer must obtain written comments from the Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P), hereinafter referred to as “M/OAA/P”. M/OAA/P will normally be allo wed 10 working days prior to the submission of the deviation request to the head of the contracting activity to review the request and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arrange wi th M/OAA/P for a shorter review period. In addition to a copy of the deviation request, M/OAA/P must be furnished any background or historical data that will contribute to a more complete understanding of the deviation. The comments of M/OAA/P must be made a part of the deviation request file, which is forwarded to the head of the contracting activity. (3) Coordination with the Office of the General Counsel, as appropriate, should also be effected prior to approval of a deviation by the head of the contract ing activity. (b) Class deviations from the FAR or AIDAR. Class deviations are those which affect more than one contract or contractor. (1) Class deviations from the AIDAR will be processed in the same manner as prescribed in paragraph (a) of this section. Individual heads of contracting activities have authority to approve class deviations affecting only contracts within their own contracting activities, except that the Director, M/OAA, has authority to approve class ntracting activity. deviations that affect more than one co (2) Class deviations from the FAR will be considered jointly by USAID and the Chairperson of the Civilian Agency Acquisition Council (C/CAAC) (FAR 1.404) unless, ration of the in the judgment of the head of the contracting activity, after due conside objective of uniformity, circumstances preclude such consultation. The head of the contracting activity must certify on the face of the deviation the reason for not coordinating with the C/CAAC. In such cases, M/OAA/P will be responsible for notifying the C/CAAC of the class deviation. (3) Class deviations from the FAR shall be processed as follows: (i) The request must be processed in the same manner as paragraph (a) of this to the submission section, except that M/OAA/P will be allowed 15 working days, prior of the deviation request to the head of the contracting activity, to effect the necessary coordination with the C/CAAC and to submit comments. If the exigency of the situation requires more immediate action, the requesting office may arra nge with M/OAA/P for a shorter review and coordination period. The comments of C/CAAC and M/OAA/P must be forwarded to the head of the contracting activity along with the deviation request and made a part of the deviation request file. (ii) The request sha ll be processed in the same manner as paragraph (a) of this section if the request is not being jointly considered by USAID and the C/CAAC. 11

12 (4) Deviations involving basic agreements or other master type contracts are considered to involve more than one con tract. (5) Unless the approval is sooner rescinded, class deviations shall expire 2 years from the date of approval provided that deviation authority shall continue to apply to es. contracts or task orders which are active at the time the class deviation expir Authority to continue the use of such deviation beyond 2 years may be requested in accordance with the procedures prescribed in paragraph (a) of this section. (6) Expiration dates shall be shown on all class deviations. (c) Requests for deviation shall contain a complete description of the deviation, the effective date of the deviation, the circumstances in which the deviation will be used, a specific reference to the regulation being deviated from, an indication as to whether any identical or similar d eviations have been approved in the past, a complete justification of the deviation including any added or decreased cost to the Government, the name of the contractor, and the contract or task order number. (d) Register of deviations. Separate registers m ust be maintained by the procuring activities of the deviations granted from the FAR and AIDAR. Each deviation must be recorded in its appropriate register and be assigned a control number as follows: For USAID Washington deviations the symbol of the procu ring activity, or for overseas mission deviations the relevant geographic code; the abbreviation “DEV”; the fiscal year; the type of deviation (from the FAR or AIDAR); the serial number [issued in consecutive order during each fiscal year] assigned to the particular deviation; and the 14 suffix “c” if it is a class deviation ( e.g., M/OAA - DEV - FAR - - 1, M/OAA - DEV - FAR - 14 - 2c, 123 - - AIDAR - 14 - 1). The control number must be embodied in the document DEV e deviation. authorizing the deviation and must be cited in all references to th (e) Central record of deviations. Copies of approved deviations shall be furnished promptly to the M/OAA/P, who shall be responsible for maintaining a central record of all deviations that are granted. (f) . (1) USAID contracting officers must Semiannual report of class deviations submit a semiannual report to M/OAA/P of all contract actions effected under class deviations to the FAR and AIDAR, which have been approved pursuant to paragraph (b) of this section. (2) The report shall contain the a pplicable deviation control number, the contractor's name, contract number and task order number (if appropriate). (3) The report shall cover the 6 - month periods ending June 30 and December 31, respectively, and shall be submitted within 20 working days af ter the end of the reporting period. 12

13 [49 FR 13236, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33445, June 29, 1994; 61 FR 9, Dec. 16, 2014] 39090, July 26, 1996; 72 FR 19670, Apr. 19, 2007; 79 FR 7498 Subpart 701.6 — Career Development, Contracting Authority, and Responsibilities 701.601 General. (a)(1) Pursuant to the delegations in USAID's Automated Directives System (ADS) Chapter 103, the M/OAA Director is authorized to act as the h ead of the agency for all purposes described in the Federal Acquisition Regulation (FAR, 48 CFR chapter 1), except for the authority in (48 CFR) FAR 6.302 - 7(a)(2), 6.302 - 7(c)(1), 17.602(a), 19.201(c), 27.306(a), 27.306(b), and 30.201 5, or where the “head of the agency” - authority is expressly not delegable under the FAR or AIDAR. Further, the M/OAA Director is responsible for implementing the procurement related aspects of the Foreign Assistance Act, Executive Order 11223, the Office of Federal Procurement Policy Act, and other statutory and Executive Branch procurement policies and requirements applicable to USAID operations, including those authorities and responsibilities delegated to the Senior Procurement Executive as specified in USAID's internal deleg ations found in the ADS. (2) The M/OAA Director has specific authority to: (i) Select and appoint contracting officers and terminate their appointments in accordance with section 1.603 of the Federal Acquisition Regulation; and by delegation the authorities stated in subpart 1.4 of the (ii) Exercise in person or Federal Acquisition Regulation with regard to deviations from that regulation. (b) Except as otherwise prescribed, the head of each contracting activity (as defined in 702.170) is responsible for t he procurement of supplies and services under or assigned to the procurement cognizance of his or her activity. The heads of USAID contracting activities are vested with broad authority to carry out the programs and activities for which they are responsibl e. This authority includes authority to execute contracts and the establishment of procurement policies, procedures, and standards appropriate for their programs and activities, subject to Government - wide and USAID requirements and restrictions, such as th ose found at (48 CFR) AIDAR 701.601 and particularly 701.603 70, the USAID policy regarding the direct - hire status of contracting - officers. (c) The authority of heads of contracting activities to execute contracts is limited as follows: (1) Director, the B ureau of Democracy, Conflict and Humanitarian Assistance, the Office of U.S. Foreign Disaster Assistance (DCHA/OFDA). Authority to execute contracts for disaster relief purposes during the first 72 hours of a disaster in a cumulative total amount not to ex ceed $500,000. Authority to execute simplified 13

14 acquisitions up to $50,000 at any time. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff. Director, Bureau for Economic Growth, Education and Enviro (2) nment, Office of Authority to execute simplified acquisitions up to $10,000. Unlimited Education (E3/ED). authority for procuring participant training based on published catalog prices. May issue warrants for simplified acquisitions up to $10,000 to qualif ied individuals on his or her staff. (3) Overseas heads of contracting activities. Authority to sign contracts where the cumulative amount of the contract, as amended, does not exceed $1,000,000 (or local s; or the simplified acquisition currency equivalent) for personal services contract threshold as defined in (48 CFR) FAR 2.101 (or local currency equivalent) for all other contracts. May issue warrants for simplified acquisitions up to $50,000 to qualified individuals on his or her staff. [53 FR 4980, Feb. 19, 1988, as amended at 55 FR 6802, Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 58 FR 8702, Feb. 17, 1993; 59 FR 33445, June 29, 1994; 60 FR 11912, Mar. 3, 1995; 61 FR 39090, July 26, 1996; 62 FR 40466, July 29, 1997; 64 FR 42041, Aug. 3, 1999; 72 FR 19670 , Apr. 19, 2007; 79 FR 74990, Dec. 16, 2014] 701.602 - Authority of contracting officers in resolving audit recommendations. 1 With the exception of termination settlements subject to part 749 of this chapter, Termination of Contracts, contracting officer s have the authority to negotiate and enter into settlements with contractors for costs questioned under audit reports, or to issue a contracting officer's final decision pursuant to applicable dispute resolution procedures (in the event that questioned co sts are not settled by negotiated agreement) in accordance with USAID's internal policy found in ADS Chapter 591. The negotiated settlement or final decision will be final, subject only to a contractor's appeal under the provisions of the Contract Disputes Act of 1978, as amended (41 U.S.C. 601 - 613), or other procedures as applicable. Policies and procedures for resolving audit recommendations are in accordance with USAID's internal policies found in ADS Chapters 591 and 592. [79 FR 74990, Dec. 16, 2014] 701.602 - 3 Ratification of unauthorized commitments. (a) [Reserved] 14

15 (b) Policy. (1) [Reserved] (2) In order to maintain management oversight and controls on unauthorized commitments, authority to ratify unauthorized commitments within USAID is reserved to the M/OAA Director. [53 FR 6829, Mar. 3, 1988, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] 701.603 Selection, appointment, and termination of appointment of contracting officers. 701.603 - 70 Designation of Contracting Officers. P ursuant to M - OAA - DEV - AIDAR - 18 - 08c (AAPD 18 - 05) – The strikethrough text below has been replaced with the highlighted text. A Contracting Officer (CO) represents the U.S. Government through the exercise of authority to negotiate, sign, and his/her delegated administer contracts on behalf of the U.S. Government. The CO’s duties are sensitive, specialized, and responsible. To - of - interest, or ensure proper accountability, and to preclude possible security, conflict citizen Direct - Hire jurisdiction problems, USAID COs must be U.S. employees of the U.S. Government. However, the Director of the Office of Acquisition and Assistance (OAA) within the Bureau for Management (M), may also designate a U.S. Personal Services Contractor (USPSC) or a Cooperating Country Nati onal Personal Services Contractor (CCNPSC) as a CO with a specific level of warrant authority. To qualify for a designation as a CO, an individual must meet the requirements in Subpart 1.6 of the Federal Acquisition Regulation (FAR) and the Agency’s applic able warrant program. A contracting officer represents the U.S. Government through the exercise of his/her delegated authority to negotiate, sign, and administer contracts on behalf of the U.S. Government. The contracting officer's duties are sensitive, sp ecialized, and responsible. In order to ensure proper accountability, and to preclude possible security, conflict of interest, or jurisdiction problems, USAID contracting officers must be U.S. citizen direct - hire employees of the U.S. Government. [49 FR 13 236, Apr. 3, 1984, as amended at 61 FR 39091, July 26, 1996; 79 FR 74990, Dec. 16, 2014] 15

16 Subpart 701.7 — Determinations and Findings 701.704 Content. - prescribed format or form for determinations and findings There is no USAID e information specified in (48 CFR) FAR 1.704 and any (D&Fs). D&Fs are to contain th information which may be required by the (48 CFR) FAR or AIDAR section under which the D&F is issued. [58 FR 8702, Feb. 17, 1993, as amended at 62 FR 40466, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 70 Signatory authority. 1.707 Unless otherwise specified in the FAR or AIDAR section under which the D&F is issued, the contracting officer is the signing official. [58 FR 8702, Feb. 17, 1993, as amended at 79 FR 74988, Dec. 16, 2014] PART 702 — DEFINITIONS OF WORDS AND TERMS A UTHORITY : 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. OURCE 49 FR 13238, Apr. 3, 1984, unless otherwise noted. S : — Definitions Subpart 702.170 702.170 - 1 Definitions. A word or term, defined in this section, has the same meaning throughout the AIDAR. Administrator means the Administrator or Deputy Administrator of the U.S. Agency for International Development. Automated Directives System (ADS) s ets forth the Agency's policies and essential procedures, as well as supplementary informational references. It contains six functional series, valid USAID Handbook chapters, a resource library, and a glossary. References to “ADS” throughout 48 CFR chapter 7 are references to the Automated Directives System. The entire ADS is accessible to the general public at the following USAID http://www.usaid.gov/policy/ads/. Internet address: 16

17 Contracting activities ID are: also referred to as “procuring activities” within USA The USAID/Washington activities. The contracting activities located in (1) Washington, DC are: The Bureau for Management, Office of Acquisition and Assistance (M/OAA); the Bureau for Democracy, Conflict and Humanitarian Assistance, Office of Foreig n Disaster Assistance (DCHA/OFDA); and the Bureau for Economic Growth, Education and Environment, Office of Education (E3/ED). Subject to the limitations in 701.601 of this chapter, the latter two contracting activities are responsible for procurements rel ated to programs and activities for their areas. M/OAA is responsible for procurements that do not fall within the responsibility of other contracting activities, or that are otherwise assigned to it. (2) Each USA ID Mission or post overseas The overseas field contracting activities. is a contracting activity responsible for procurements related to its programs and activities, subject to the limitations in 701.601 of this chapter. Cooperating country means a foreign country in which there is a program or act ivity administered by USAID. Cooperating country national (CCN) means an individual who is a cooperating country citizen or a non - cooperating country citizen lawfully admitted for permanent residence in the cooperating country. e U.S. Agency for International Development (USAID) Executive agency includes th and its predecessor agencies, including the International Cooperation Administration. Foreign Assistance Act means the Foreign Assistance Act of 1961, as amended (22 U.S.C., Chapter 32). Government, Feder al, State, local and political subdivisions, as used in the FAR and AIDAR, do not refer to foreign entities except as otherwise stated. Head of agency means, for USAID, the Administrator, the Deputy Administrator, and in accordance with the responsibilitie s and limitations set forth in (48 CFR) AIDAR 701.601(a)(1), the M/OAA Director. Head of the contracting activity: (1) The heads of USAID contracting activities are listed below. The limits of their contracting authority are set forth in 701.601 of this ch apter. (i) USAID/Washington Heads of Contracting Activities: (A) Director, Bureau for Management, Office of Acquisition and Assistance; 17

18 (B) Director, the Bureau for Democracy, Conflict and Humanitarian Assistance, Office of Foreign Disaster Assistance (DCH A/OFDA); and (C) Director, Bureau for Economic Growth, Education and Environment, Office of Education (E3/ED). (ii) Overseas Heads of Contracting Activities: Each Mission Director or principal e.g. USAID Representative, USAID Affairs USAID officer at post ( Officer, etc.). (2) Individuals serving in the positions listed in paragraphs (1)(i) and (ii) of this definition in an “Acting” capacity may exercise the authority delegated to that position. Mission means the USAID mission or the principal USAID office o r representative (including an embassy designated to so act) in a foreign country in which there is a program or activity administered by USAID. Overseas means outside the United States, its possessions, and Puerto Rico. Procurement Executive is synonymous with “Senior Procurement Executive” as defined in FAR 2.101 and means the USAID official who is responsible for the management direction of USAID's assistance and acquisition (“A&A”) system, as so delegated and more fully described in USAID's internal del egations found in the ADS. means “contracting activity”, as defined in this subpart. Procuring activity Third country national (TCN) means an individual who is neither a cooperating country national nor a U.S. national, but is a citizen or lawful permanent resident (or equivalent immigration status) of any country other than the countries which are prohibited sources. (See 22 CFR 228.15). means the U.S. Agency for International Development and its predecessor USAID eration Administration (ICA). agencies, including the International Coop U.S. national (USN) means an individual who is a U.S. citizen or a non - U.S. citizen lawfully admitted for permanent residence in the United States. [79 FR 74991, Dec. 16, 2014] Subpart 702.270 — Definitions Clause 702.270 - 1 De finitions clause. Use the appropriate clause in 752.202 - 1, in addition to the clause in (48 CFR) FAR 52.202 - 1. [49 FR 13238, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 18

19 – IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF PART 703 INTERE ST — Safeguards Subpart 703.1 703.104 - 4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information. A contracting officer may authorize the release of proprietary and/or source selection information out side the Government for evaluation purposes pursuant to (48 CFR) FAR 15.305(c) and (48 CFR) AIDAR 715.305(c). [79 FR 74991, Dec. 16, 2014] 703.104 - 7 Violations or possible violations. Requests for concurrence under paragraph (a)(1) of (48 CFR) FAR 3.104 - 7 must be forwarded to one level above the contracting officer. [79 FR 74991, Dec. 16, 2014] — PART 704 ADMINISTRATIVE MATTERS A : Sec. 621, Pub. L. 87 - 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; UTHORITY 979 Comp., p. 435. E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1 — Safeguarding Classified Information Within Industry Subpart 704.4 Contract clauses. 704.404 (a) When the contract includes a requirement for the contractor to access classified (“Confidential”, “Secret”, or “Top Secret”), or administr atively controlled (“Sensitive But Unclassified”) information, the contracting officer must insert (48 CFR) FAR clause - 2, Security Requirements and (48 CFR) AIDAR clause 752.204 - 2, Security 52.204 Requirements, in the solicitation and award. (b) If the con tract requires the contractor (or contractor employees) to have routine physical access to USAID - controlled facilities in the U.S. ( i.e., will need an ID for regular entry to USAID space), or have logical access to USAID's information systems ( i.e., to AIDNet, Phoenix, the Global Acquisition and Assistance System (GLAAS,) access 19

20 etc.,) and the solicitation and contract contains (48 CFR) FAR 52.204 - 9(a), the - contracting officer must also insert (48 CFR) AIDAR 752.204 72, Access to USAID Facilities and USAID' s Information Systems. Only U.S citizen employees or consultants - based company may request routine physical access to USAID of a U.S. controlled - facilities or logical access to USAID's information systems. [79 FR 74991, Dec. 16, 2014] Subpart 704.8 — Contrac t Files [Reserved] Subpart 704.70 Partner Vetting — S OURCE : 77 FR 8170, Feb. 14, 2012, unless otherwise noted. 704.7001 Scope of subpart. This subpart prescribes the policies and procedures to apply partner vetting to USAID acquisitions. 704.7002 tions. Defini As used in this subpart — Key individual means: (1) 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); (2) The principal officer and deputy principal officer of the organization (e.g., executive director, deputy director, president, vice president); (3) The program manager or chief of party for the USG - financed program; and (4) Any other person with significant responsibilities for administrat ion 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 emplo yee identified in the solicitation or contract as having responsibility for receiving vetting information, responding to questions about information to be included on the Partner Information Form, coordinating with the USAID Office of Security (SEC), and c onveying the vetting determination to each offeror, potential subcontractors subject to vetting, and the contracting officer. The vetting official is not part of the contracting office and has no involvement in the source selection process. cy. 704.7003 Poli 20

21 In the interest of national security, USAID may determine that a particular acquisition is subject to vetting. In that case, USAID will require vetting of all key f individuals of offerors, first tier subcontractors, and any other class of subcontracts i identified in the solicitation and resulting contract. When USAID conducts partner vetting, it will not award a contract to any offeror who does not pass vetting. 704.7004 Procedures. - 1 Preaward requirements. 704.7004 uisition to be subject to vetting, the contracting (a) When USAID determines an acq officer determines the appropriate stage of the acquisition cycle to require offerors to submit the completed USAID Partner Information Form, USAID Form 500 13, to the - vetting official identified in the so licitation. The contracting officer must specify in the solicitation the stage at which the offerors will be required to submit the USAID Partner Information Form. (b) For negotiated procurements using (48 CFR) FAR part 15, this stage will typically be whe n the contracting officer establishes the competitive range (48 CFR 15.306(c)). However, the contracting officer may determine that vetting is more appropriate at a different stage of the source selection process, such as immediately en require only the apparently successful offeror to submit the prior to award, and th completed USAID Partner Information Form. (c) For Indefinite Delivery contracts under (48 CFR) FAR subpart 16.5, vetting will occur prior to award of the basic contract if the contracting offi cer anticipates placing orders subject to vetting under that contract. Vetting will also occur before USAID places any orders subject to vetting. The contracting officer will notify awardees of the delivery order proposals. See (48 appropriate timing for vetting in the request for task or CFR) AIDAR subpart 716.5 for vetting procedures for task and delivery orders. (d) For all other acquisitions, including those under (48 CFR) FAR parts 13 and 14, the contracting officer determines the appropriate time to r equire potential awardee(s) to submit the completed USAID Partner Information Form to the vetting official. (e) Source selection proceeds separately from vetting. The source selection etting process authority makes the source selection determination separately from the v and without knowledge of vetting - related information other than that the apparently successful offeror has passed or not passed vetting. (f) The contracting officer may only award to an offeror who has passed vetting. [77 FR 8170, Feb. 14, 2 012, as amended at 79 FR 74988, Dec. 16, 2014] Post award requirements. 704.7004 - 2 21

22 (a) For those contracts and task orders the Agency has determined are subject to vetting, the contractor must submit the completed USAID Partner Information Form any it changes: time (1) Key individuals, and (2) Subcontractors for which vetting is required. (b) USAID may vet key individuals of the contractor and any required subcontractors periodically during contract performance using the information already submitted on t he Form. [77 FR 8170, Feb. 14, 2012, as amended at 79 FR 74992 Dec. 16, 2014] 704.7004 - 3 Subcontracts. (a) When the prime contract is subject to vetting, vetting is required for key required under individuals of all subcontracts under that contract for which consent is (48 CFR) FAR clause 52.244 - 2, Subcontracts. (b) The contracting officer must not consent to a subcontract with any subcontractor subject to vetting until that subcontractor has passed vetting. (c) Vetting may be required for key individuals of subcontracts at any tier for certain classes of items (supplies and services). The contracting officer must identify these classes of items in the solicitation. (d) The contractor may instruct prospective subcontractors who are subject to vetting to su bmit the USAID Partner Information Form to the vetting official as soon as the contractor submits the USAID Partner Information Form for its key individuals. [77 FR 8170, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] Solicitation prov ision and contract clause. 704.7005 (a) The contracting officer will insert the provision at 752.204 - 70 Partner Vetting Pre Award Requirements, in all solicitations USAID identifies as subject to vetting. - (b) Except for awards made under FAR part 16, the contractin g officer will — (1) Insert the clause at 752.204 - 71 Partner Vetting, in all solicitations and contracts USAID identifies as subject to vetting, or (2) Use the clause with its Alternate I when USAID determines that subcontracts at es of supplies or services are subject to vetting. any tier for certain class 22

23 (c) For awards made under FAR part 16, see (48 CFR) AIDAR subpart 716.5. [77 FR 8170, Feb. 14, 2012, as amended at 79 FR 74992, Dec. 16, 2014] – ACQUISITION PLANNING SUBCHAPTER B PART 705 — PUBLICIZING CON TRACT ACTIONS A UTHORITY : 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; 40 U.S.C. 474. 705.002 [Reserved] Subpart 705.1 705.102 Availability of solicitations . – THIS IS A NEW SECTION (AAPD 18 Pursuant to (M/OAA - DEV - AIDAR - 18 - 06c) 04) - - The strikethrough text below has been replaced with the highlighted text. In accordance with FAR 5.102(a)(5)(iii), the Senior Procurement Executive has determined that access throug GPE is not in the Government's interest for the h the following solicitations: (a) A locally hired personal services contractor (Resident Hire USPSC and Cooperating Country National or Third Country National personal services contractor paid under the loc al compensation plan) awarded under the authorities in 706.302 - 70(b)(1). This includes extensions and renewals with the same individual for the same services at the same mission. (b) A USPSC for six months or less in duration for services abroad awarded un der the - 70(b)(1). Such awards cannot be extended or renewed. authorities in 706.302 [ An award of $250,000 or less by an overseas contracting activity issued] under (c) the authorities in 706.302 - 70(b)(2) [ or in accordance with the requirements in FAR part 13] (d) An extension or renewal of a USPSC with the same individual for the same services at the same mission or operating unit within a Bureau or Independent Office awarded 70(b)(5). under the authorities in 706.302 - 23

24 Subpart 705.2 Synopsis of Proposed Con tract Actions — 705.202 Exceptions . Pursuant to (M/OAA - DEV - AIDAR - 18 - 06c) (AAPD 18 - 04) - The strikethrough text below has been replaced with the highlighted text. (a) [Reserved] (b) The head of the U.S. Agency for International Development has determine after consultation with the Administrator of the Office of Management and Budget's Office of Federal Procurement Policy and the Administrator of the Small Business Administration, that advance notice is not appropriate or reasonable for [the following: or (1) C ontr act actions described in 706.302 - 70(b)(1) through (b)(3)[; (2) an award of $250,000 or less by an overseas contracting activity issued in accordance with the requirements in FAR part 13. ]. (c) [Reserved] Exceptions . 705.202 (a) [Reserved] (b) The he ad of the U.S. Agency for International Development has determined after consultation with the Administrator of the Office of Management and Budget's Office of Federal Procurement Policy and the Administrator of the Small Business Administration, that adva nce notice is not appropriate or reasonable for contract actions described in 706.302 - 70(b)(1) through (b)(3). (c) [Reserved] [51 FR 42845, Nov. 26, 1986, as amended at 54 FR 28069, July 5, 1989; 55 FR 8469, Mar. 8, 1990; 55 FR 39154, Sept. 25, 1990; 56 FR 27208, June 13, 1991; 57 FR 5235, Feb. 13, 1992; 79 FR 74992, Dec. 16, 2014] 705.207 [Reserved] Subpart 705.5 — Paid Advertisement 705.502 Authority. (a) The M/OAA Director, acting as head of the Agency under the authority of rizes USAID contracting officers to place paid 701.601(a)(1), hereby autho advertisements and notices in newspapers and periodicals. Contracting officers shall 24

25 document the contract file to reflect consideration of the requirements of (48 CFR) FAR 5.101(b)(4). 99, as amended at 64 FR 42042, Aug. 3, 1999; 72 FR 19670, [64 FR 5006, Feb. 2, 19 Apr. 19, 2007] PART 706 — COMPETITION REQUIREMENTS Contents A UTHORITY : 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 Com p., p. 435; 40 U.S.C. 474. Subparts 706.1 706.2 [Reserved] - Subpart 706.3 — Other Than Full and Open Competition 706.302 - 5 [Reserved] 706.302 - 70 Impairment of foreign aid programs. (Class Deviation M/OAA - DEV - AIDAR - 17 - 02c) - The strikethrough text below has been replaced with the highlighted text. Authority. (a) (1) Citation: 40 U.S.C. 113. (2) Full and open competition need not be obtained when it would impair or otherwise ief, have an adverse effect on programs conducted for the purposes of foreign aid, rel and rehabilitation. (b) Application. This authority may be used for: (1) An award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad; (2) An award of $250,000 or less b y an overseas contracting activity; (3)(i) An award for which the Assistant Administrator responsible for the project or program makes a formal written Determination and Findings (D&F), that compliance with full and open competition procedures would impai r foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program; or (ii) Awards for countries, regions, projects, or programs for which the Administrator of USAID makes a formal written Determination and F indings (D&F), that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program. 25

26 (4) Awards under (48 CFR) AIDAR 715.370 - ction procedure — general) 1 (Title XII sele - — collaborative assistance). or 715.370 2 (Title XII selection procedure (5) An award for the continued provision of highly specialized services when award to another resource would result in substantial additional costs to the Gove rnment or would result in unacceptable delays. (c) Limitations. (1) A contract awarded using the authority in paragraph (a) of this section must be supported by the written justification and approval (J&As) described in (48 CFR) FAR 6.303 and 6.304, exce - 70(b)(3) will not be pt that a determination made under 706.302 subject to the requirement for contracting officer certification or to approvals required in (48 CFR) FAR 6.304. A class justification has been approved by the Senior Procurement Executive to meet the requirements in (48 CFR) FAR 6.303 and is available in internal agency policy at ADS chapters 302 and 309, for use under the following circumstances: (i) When competition is limited based on the authorities in 706.302 - 70(b)(1) for the following categories of personal services contractors serving abroad: (A) Resident Hire U.S. personal services contractors (USPSCs), as defined in (48 CFR) AIDAR Appendix D. (B) Cooperating country national (CCN) or third country national (TCN) personal services c ontractors paid under a local compensation plan, as defined in (48 CFR) AIDAR Appendix J. - 70(b)(2), for local (ii) When competition is limited based on the authorities in 706.302 purchases of $250,000 or less by an overseas contracting activity. When usi ng the class justification, the contracting officer must ensure that all conditions and file documentation requirements of the class justification have been met. (2) Proposals must be requested from as many potential offerors as is practicable under the c ircumstances; (3) When using the authorities in 706.302 - 70(b)(4) and 706.302 - 70(b)(5) the contracting officer must publicize the advance notice of proposed contract action as required in (48 - 70(b)(1 ) through 706.302 - CFR) FAR 5.201. However, when the authorities at 706.302 70(b)(3) are used advance notice of proposed contract action is not required in accordance with (48 CFR) AIDAR 705.202. (4) The authority in 706.302 - 70(b)(3)(i) shall be used only when no other authority provided in (48 CFR) FAR 6.302 or (48 CFR) AIDAR 706.302 is suitable. The specific foreign assistance objective that would be impaired must be identified and explained in a written Determination and Finding (D&F). Prior consultation with the Agency Competition Advocate (see 706.501) is re quired before executing the written D&F, and 26

27 this consultation must be reflected in the D&F. In addition, the contracting activity must prepare a J&A as required in paragraph (c) (1) of this section. - 70(b)(5) for propos - on modifications and (5) Use of the authority in 706.302 ed follow awards for the continued provision of highly specialized services in excess of one year or over $250,000 is subject to the approval of the Agency Competition Advocate. For all other follow - is authority, the contracting officer's on modifications and awards using th certification required in (48 CFR) FAR 6.303 - 2(b)(12) will serve as approval. Authority. (a) (1) Citation: 40 U.S.C. 113. (2) Full and open competition need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation. (b) This authority may be used for: Application. (1) An award under section 636(a)(3) of the Foreign Assistance Act of 1961, as amended, involving a personal services contractor serving abroad; (2) An award of $250,000 or less by an overseas contracting activity; (3)(i) An award for which the Assistant Administrator responsible for the project or program makes a formal written determination, with supporting fin dings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the foreign assistance program; or (ii) Awards for countries, regions, projects, or programs for which the Administrator of USAID makes a formal written determination, with supporting findings, that compliance with full and open competition procedures would impair foreign assistance objectives, and would be inconsistent with the fulfillment of the for eign assistance program. (4) Awards under (48 CFR) AIDAR 715.370 - 1 (Title XII selection procedure — general) or 715.370 - 2 (Title XII selection procedure — collaborative assistance). (5) An award for the continued provision of highly specialized services when a ward to another resource would result in substantial additional costs to the Government or would result in unacceptable delays. (c) Limitations. (1) Proposals must be requested from as many potential offerors as is practicable under the circumstances. Addi tionally, as required in (48 CFR) FAR 5.201, the contracting officer must publicize the intended award when using the - 70(b)(5) where the exceptions above, including when using the authority at 706.302 27

28 contracting officer has determined that the incumbent c ontractor is the only practicable, potential offeror. (2) The contract file must include appropriate explanation and support justifying the award without full and open competition, as provided in (48 CFR) FAR 6.303, except that determinations made under 70 6.302 - 70(b)(3) will not be subject to the requirement for contracting officer certification or to approvals in accord with (48 CFR) FAR 6.304. (3) The authority in 706.302 - 70(b)(3)(i) shall be used only when no other authority provided in (48 CFR) FAR 6.30 2 or (48 CFR) AIDAR 706.302 is suitable. The specific foreign assistance objective which would be impaired must be identified and explained in the written determination and finding. Prior consultation with the Agency Competition Advocate (see 706.501) is r equired before executing the written determination and finding, and this consultation must be reflected in the determination and finding. (4) Use of the authority in 706.302 - 70(b)(5) for proposed follow - on amendments in excess of one year or over $250,000 is subject to the approval of the Agency Competition Advocate. For all other follow - on amendments using this authority, the contracting officer's certification required in (48 CFR) FAR 6.303 - 2(b)(12) will serve as approval. [50 FR 40976, Oct. 8, 1985, and 50 FR 51395, Dec. 17, 1985, as amended at 54 FR 28069, July 5, 1989; 54 FR 46389, Nov. 3, 1989; 57 FR 5235, Feb. 13, 1992; 61 FR 39091, July 26, 1996; 62 FR 40467, July 29, 1997; 64 FR 42042, Aug. 3, 1999; 79 FR 74988, 74992, Dec. 16, 2014] - 71 [R 706.302 eserved] Subpart 706.5 — Competition Advocates 706.501 Requirement. The USAID Administrator delegated the authority to designate the Agency Competition Advocate and a competition advocate for each agency procuring activity (see 702.170 of this chapter) to the M/OAA Director. The M/OAA Director, under the Administrator's delegation, has designated the M/OAA Deputy Director for Accountability, Compliance, Transparency, and Support as the Agency Competition Advocate and the deputy head of each contracting acti vity as the competition advocate for each activity. The competition advocate for USAID/W is the Deputy Director for M/OAA Operations. If there is no deputy, the head of the contracting activity is designated the competition advocate for that activity. The competition advocate's duties may not be redelegated, but can be exercised by persons serving as acting deputy (or acting head) of the contracting activity. For definitions of contracting activity and head of the contracting activity, see 702.170 of this c hapter. [79 FR 74992, Dec. 16, 2014] 28

29 PART 707 — ACQUISITION PLANNING — Acquisition Plans Subpart 707.1 707.104 General procedures. Policies, procedures, and internal guidance for acquisition planning are found in ADS 300. [79 FR 74992, Dec. 16, 2014] P ART 709 — CONTRACTOR QUALIFICATIONS 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; UTHORITY : Sec. 621, Pub. L. 87 - A E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Subpart 709.4 — Debarment, Suspension and Ineligibility 709.403 ions. Definit Debarring official in USAID is the Assistant Administrator, Bureau for Management, — or designee as delegated in Agency policy found in ADS 103 Delegations of Authority. in USAID is the Assistant Administrator, Bureau for Suspending official Management — , or designee as delegated in Agency policy found in ADS 103 Delegations of Authority. [79 FR 74992, Dec. 16, 2014; 80 FR 12935, Mar. 12, 2015] Subpart 709.5 — Organizational Conflicts of Interest 709.503 Waiver. For purposes of approving waivers or furthe r delegating the authority to approve waivers pursuant to (48 CFR) FAR 9.503, the M/OAA Director is the agency head (see (48 CFR) AIDAR 701.601(a)(1)). The M/OAA Director hereby delegates the authority to approve waivers pursuant to (48 CFR) FAR 9.503 to t he heads of USAID contracting activities, as defined in (48 CFR) AIDAR 702.170. [64 FR 42042, Aug. 3, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74992, Dec. 16, 2014] Contract clause. 709.507 - 2 29

30 (a) - (b) [Reserved] roblems from organizational conflicts of interest that may be (c) In order to avoid p - 71 shall be inserted in discovered after award of a contract, the clause found at 752.209 all contracts whenever the solicitation or resulting contract or both include a provision in with (48 CFR) FAR 9.507 - accordance 1, or a clause in accordance with (48 CFR) FAR 9.507 - 2, establishing a restraint on the contractor's eligibility for future contracts. [58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5006, Feb. 2, 1999] PART 711 — DESCRIBING AGENCY NE EDS A UTHORITY : 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. 711.002 - 70 Metric system waivers. (a) Criteria. The (48 CFR) FAR 11.002(b) requirement to use the metric system of measurement for specifications and quantitative data that are incorporated in or required by USAID contracts may be waived when USAID determines in writing that ificant such usage is impractical or is likely to cause U.S. firms to experience sign inefficiencies or the loss of markets. Authorization. (1) The USAID Metric Executive (as designated in ADS Chapter (b) 323), the contracting officer, and the USAID official who approves the procurement requirement are authorized to waive the metric requirement for one of the above reasons. The USAID Metric Executive is authorized to overrule a decision to grant a waiver, or to nullify a blanket waiver made by another approving official so long as a contractor's rights under an executed contract are not infringed upon. (2) A blanket waiver for a class of multiple transactions may be issued for a term not to exceed three years. (3) When a waiver will be based upon the adverse impact on U.S. firms, clearance from the USAID Metric Executive and the Offic e of Small and Disadvantaged Business Utilization (OSDBU) will be obtained prior to authorization. (c) Records and reporting. (1) The basis for each waiver and any plans to adapt similar requirements to metric specifications in future procurements should b e documented in the contract file. (2) Each procurement activity will maintain a log of the waivers from the metric requirements which are authorized for its procurements. The logs shall list the procured item(s), waiver commodity/service being procured, total dollar value of the 30

31 date, authorizing official, basis for waiver, and USAID actions that can promote metrication and lessen the need for future waivers. (3) Within 30 days of the closing of each fiscal year, each USAID/W procurement activity and each Mission will submit a copy of the metric waiver log for the year to the USAID Metric Executive. (Mission logs are to be consolidated in a Mission report for the procurement activity and for the nonprocurement activities maintaining such logs under the USAI D Metric Transition Plan.) Repetitive purchases of commercially produced and marketed items and classes of items may be consolidated in reporting procurements that do not exceed $10,000 cumulatively during the reporting period. [57 FR 23321, June 3, 1992, as amended at 59 FR 33446, June 29, 1994. Redesignated and amended at 61 FR 39091, July 26, 1996. Redesignated and amended at 62 FR 40467, July 29, 1997; 79 FR 74988, 74992, Dec. 16, 2014] 711.002 - 71 Solicitation provisions and contract clauses. The cont - 70 in all USAID - direct racting officer shall insert the clause at 752.211 solicitations and contracts. [57 FR 23321, June 3, 1992. Redesignated and amended at 61 FR 39091, July 26, 1996] – SUBCHAPTER C CONTRACTING METHODS AND CONTRACT TYPES PART 713 SIMP LIFIED ACQUISITION PROCEDURES — UTHORITY : Sec. 621, Pub. L. 87 - 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; A E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435. S : 61 FR 39091, July 26, 1996, unless otherwise noted. OURCE 713.000 Sco pe of part. The simplified acquisition threshold applies to the cost of supplies and services, exclusive of the cost of transportation and other accessorial costs if their destination is outside the United States. Definitions. 713.001 31

32 Accessorial costs m eans the cost of getting supplies or services to their destination in the cooperating country (and the travel costs of returning personnel to the U.S. or other point of hire). It does not include costs such as allowances or differentials related to maintai ning personnel at post which are to be considered as part of the base costs within the simplified acquisition threshold. [61 FR 39091, July 26, 1996. Redesignated at 79 FR 74993, Dec. 16, 2014] Procedures. — Subpart 713.1 - Partner vetting. 713.106 370 If an acquisition is identified as subject to vetting, see (48 CFR) AIDAR 704.70 for the applicable procedures and requirements. [77 FR 8171, Feb. 14, 2012] — SEALED BIDDING PART 714 A UTHORITY : Sec. 621, Pub. L. 87 - 195, 75 Stat. 445, (22 U.S.C. 2381) as amend ed; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Subpart 714.4 — Opening of Bids and Award of Contract - Other mistakes disclosed before award. 714.407 3 s The M/OAA Director is the designated central authority to make the determination - 3. described in (48 CFR) FAR 14.407 [49 FR 13240, Apr. 3, 1984, as amended at 54 FR 46389, Nov. 3, 1989; 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007. Redesignated and amended at 79 FR 74993, Dec. 16, 2014] 714.407 4 Mistakes after award. - The M/OAA Director is the designated central authority to make the determinations described in (48 CFR) FAR 14.407 - 4. [49 FR 13240, Apr. 3, 1984, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007. Redesignated and amended at 79 FR 74993, Dec. 16, 2014] Partner vetting. 714.408 - 170 32

33 If an acquisition is identified as subject to vetting, see (48 CFR) AIDAR 704.70 for the applicable procedures and requirements. [77 FR 8171, Feb. 14, 2012] – Contracting by Negotiation PART 715 Authority: Sec. 621 - 195, 75 Stat. 445 (22 U.S.C. 2381) as amended; E.O. , Pub. L. 87 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Source: 49 FR 13240, Apr. 3, 1984, unless otherwise noted Subpart 715.3 — Source Selection 715.303 Responsibilities . 715.303 - 70 Responsibilities of USAID evaluation committees . (a) Establishment and composition of USAID evaluation committees. A technical evaluation committee shall be established for each proposed procurement. In each case, the committee shall be composed of a cha ir representing the cognizant technical - office, a representative of the contracting office (who shall be a non voting member of the committee), and representatives from other concerned offices as appropriate. (b) Technical evaluation procedures. (1) The co ntracting officer will receive all proposals and provide to the chair a listing and copies of the technical proposals and instructions for conducting the evaluation. (2) The chair will promptly call a meeting of the committee to evaluate the proposals rece ived. The evaluation shall be based on the evaluation factors set forth in the solicitation document. (3) The chair shall prepare and provide to the contracting officer written documentation summarizing the results of the evaluation of each proposal, inclu ding an assessment of past performance information in accordance with (48 CFR) FAR 15.305(a)(2). The documentation shall include narrative justification of the evaluation results. (4) The contracting officer is responsible for reviewing the documentation j ustifying the evaluation results to determine that it is adequate and complete. The contracting officer shall return a justification determined to be inadequate to the chair for revision. (5) No member of the USAID evaluation committee shall hold discussio ns with any offeror before or during the USAID evaluation committee's proceedings, nor shall any information about the proposals be provided to anyone not on the committee without first obtaining the contracting officer's consent. [61 FR 39091, July 26, 19 96. Redesignated and amended at 64 FR 16648, Apr. 6, 1999; 79 FR 74988, Dec. 16, 2014] 33

34 715.305 . Proposal evaluation (a) [Reserved] (b) A justification must be written by the contracting officer and placed in the official file eject all proposals and to cancel the procurement. to support the decision to r (c) The contracting officer may authorize release of proposals outside the Government for evaluation — (1) When an Evaluation Assistance Contract (EAC) is required to provide technical advisory or other ser vices relating to the evaluation of proposals; or (2) When an individual other than a Government employee, known as a Non - Government Evaluator (NGE), is selected to serve as a member of a USAID technical evaluation committee. (3) Prior to releasing the pro posals outside the Government, the contracting officer must obtain a signed and dated agreement from each NGE and EAC employee that they will safeguard the proposals and information in the proposals and that they perceive no actual or potential conflict of interests. (An example of such agreement is provided in the ADS). [64 FR 16648, Apr. 6, 1999; 64 FR 25405, May 11, 1999, as amended at 65 FR 36642, June 9, 2000; 79 FR 74993, Dec. 16, 2014] 715.370 Alternative source selection procedures. The following selection procedures may be used, when appropriate, for activities covered under Title XII of the Foreign Assistance Act of 1961, as amended. [64 FR 16649, Apr. 6, 1999] 715.370 - 1 Title XII selection procedure — general. (a) General. The Deputy Administrat or has determined, as provided in (48 CFR) AIDAR 706.302 - 70(b)(3)(ii) that use of this Title XII source selection procedure is necessary so as not to impair or affect USAID's ability to administer Title XII of the Foreign Assistance Act. This determination is reflected in (48 CFR) AIDAR 706.302 - 70(b)(4). This constitutes authority for other than full and open competition when selecting Title XII institutions to perform Title XII projects. (b) Scope of subsection. This subsection prescribes policies and proc edures for the selection of institutions eligible under Title XII of the Foreign Assistance Act of 1961, as amended, to perform activities authorized under Title XII. 34

35 (c) Applicability. The provisions of this subsection are applicable when the project offi ce certifies that the activity is authorized under Title XII, and determines that use of the Title XII selection procedure is appropriate. (d) Solicitation, evaluation, and selection procedures. (1) Competition shall be sought among eligible Title XII inst itutions to the maximum practicable extent; this requirement shall be deemed satisfied when a contractor is selected under the procedures of this subsection. (2) The project office shall — (i) Prepare selection criteria for evaluation of eligible institutio ns for use in preparing the source list, determining predominantly qualified sources, and selecting the contractor; (ii) Prepare an initial list of eligible institutions considered qualified to perform the proposed activity; (iii) Provide a statement descr ibing qualifications and areas of expertise considered essential, a statement of work, estimate of personnel requirements, special requirements (logistic support, Government furnished property, and so forth) for the contracting officer's use in preparing t he request for technical proposal (RFTP). (iv) Send a memorandum incorporating the certification and determination required by paragraph (c) of this section, together with the information required by paragraphs (d)(2)(i) through (iii) of this section, with the “Action” copy of the requisition to the contracting officer, requesting him/her to prepare and distribute the RFTP. (3) Upon receipt and acceptance of the project officer's request, the contracting officer shall prepare the RFTP. The RFTP shall contai n sufficient information to enable an offeror to submit a responsive and complete technical proposal. This includes a definitive statement of work, an estimate of the personnel required, and special provisions (such as logistic support, Government furnishe d equipment, and so forth), a proposed contract format, and evaluation criteria. No cost or pricing data will be requested or required by the RFTP. The RFTP will be distributed to the eligible institutions recommended by the project office. The RFTP will b e synopsized, as required by (48 CFR) FAR 5.201, and will normally allow a minimum of 60 days for preparation and submission of a proposal. (4) Upon receipt of responses to the RFTP by the contracting officer, an evaluation committee will be established as provided for in 715.303 - 70. (5) The evaluation committee will evaluate all proposals in accordance with the criteria set forth in the RFTP, and will prepare a selection memorandum which shall: (i) State the evaluation criteria; 35

36 (ii) List all of the eligib le institutions whose proposals were reviewed; (iii) Report on the ranking and rationale therefor for all proposals; (iv) Indicate the eligible institution or institutions considered best qualified. morandum to the contracting (6) The evaluation committee will submit the selection me officer for review and approval. (7) The contracting officer will either approve the selection memorandum, or return it to the evaluation committee for reconsideration for specified reasons. (8) If the selection memorandum is ap proved, the contracting officer shall obtain cost, pricing, and other necessary data from the recommended institution or institutions and shall conduct negotiations. If a satisfactory contract cannot be obtained, the contracting officer will so advise the evaluation committee. The evaluation committee may then recommend an alternate institution or institutions. [52 FR 6158, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990. Redesignated at 64 FR 16648, Apr. 6, 1999, as amended at 79 FR 74988, 74993, Dec. 16, 2014] Title XII selection procedure 715.370 - 2 — collaborative assistance . (a) General. (48 CFR) AIDAR 706.302 - 70(b)(4) provides authority for other than full and form Title XII activities. open competition when selecting Title XII institutions to per (b) Scope of subsection. This subsection prescribes policies and procedures for the selection of institutions eligible under Title XII of the Foreign Assistance Act of 1961, as amended, to perform activities authorized under Titl e XII, where USAID has determined, in accordance with paragraph (c) of this subsection, that use of the collaborative assistance contracting system is appropriate. See (48 CFR) AIDAR appendix F (of this chapter) — Use of Collaborative Assistance Method for T itle XII Activities for a more complete definition and discussion of the collaborative assistance method. (c) Determinations. The following findings and determinations must be made prior to initiating any contract actions under the collaborative assistance method: (1) The cognizant technical office makes a preliminary finding that an activity: (i) Is authorized by Title XII; and (ii) Should be classed as collaborative assistance because a continuing collaborative , and the contractor is required from relationship between USAID, the host country design through completion of the activity, and USAID, host country, and contractor 36

37 participation in a continuing review and evaluation of the activity is essential for its proper execution. ary finding, the cognizant technical office shall establish an (2) Based upon this prelimin evaluation panel consisting of a representative of the cognizant technical office as chairman, a representative of the contracting officer, and any other representatives by the chairman to review the proposed activity for its considered appropriate appropriateness under the collaborative assistance method. (3) If supported by the panel's findings, the chairman will make a formal written determination that the collaborative assistance method is t he appropriate contracting method for the Title XII activity in question. (d) Evaluation and selection. (1) Competition shall be sought among eligible Title XII institutions to the maximum practicable extent; this requirement shall be deemed satisfied when a contractor is selected under the procedures of this section. (2) The evaluation panel shall: (i) Prepare evaluation and selection criteria; (ii) Prepare an initial source list of eligible institutions considered qualified to perform the proposed project ; and (iii) Evaluate the list, using the evaluation criteria previously determined, for the purpose of making a written determination of the sources considered most capable of performing the project. (3) The chairman of the evaluation panel will prepare a memorandum requesting the contracting officer to prepare a request for expressions of interest from qualified sources and setting forth: (i) The formal determinations required by paragraph (c) of this section; (ii) The evaluation criteria which have been d etermined; and (iii) The recommended source list and the rationale therefor. (4) The contracting officer will prepare a request for an expression of interest (REI), containing sufficient information to permit an offeror to determine its interest in the pro ject, and to discuss the project with USAID representatives, if appropriate. The REI should include a concise statement of the purpose of the activity, any special conditions or qualifications considered important, a brief description of the selection proc edure and evaluation criteria which will be used, the proposed contract format, and any other information considered appropriate. The REI will be issued to the sources recommended by the panel, and to others, as appropriate; it will be synopsized, as 37

38 requi red by (48 CFR) FAR 5.201, and it will normally allow a minimum of 60 days for preparation of an expression of interest. Guidelines for preparation of expressions of interest are contained in attachment 1 to (48 CFR) AIDAR appendix F. (5) The contracting o fficer will transmit all expressions of interest to the evaluation panel for evaluation and selection recommendation. The panel may conduct on site evaluations at its discretion, as part of the evaluation process. (6) The chairman of the evaluation panel w ill prepare a written selection recommendation with supporting justification, recommending that negotiations be conducted with the prospective contractor(s) selected by the evaluation panel. The selection recommendation shall be transmitted to the contract ing officer together with the complete official file on the project which was being maintained by the evaluation panel. (7) The contracting officer will review the selection recommendation, obtain necessary cost and other data, and proceed to negotiate wit h the recommended sources. [52 FR 6159, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990; 62 FR 40467, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 62 FR 47532, Sept. 9, 1997. Redesignated at 64 FR 16648, Apr. 6, 1999, as amen ded at 79 FR 74988, 74993, Dec. 16, 2014] — Subpart 715.70 Partner Vetting 715.70 . Partner vetting If an acquisition is identified as subject to vetting, see (48 CFR) AIDAR 704.70 for the applicable procedures and requirements. [77 FR 8171, Feb. 14, 2012] Subpart 715.6 — Unsolicited Proposals 715.602 Policy . (a) USAID encourages the submission of unsolicited proposals which contribute new ideas consistent with and contributing to the accomplishment of the Agency's objectives. However, the requirements for c ontractor resources are normally quite program specific, and thus widely varied, and must be responsive to host country needs. Further, USAID's projects are usually designed in collaboration with the cooperating country. These factors can limit both the ne ed for, and USAID's ability to use unsolicited proposals. Therefore, prospective offerors are encouraged to contact USAID to determine the Agency's technical and geographical requirements as related to the offeror's interests g a formal unsolicited proposal. before preparing and submittin 38

39 (b) USAID's basic policies and procedures regarding unsolicited proposals are those established in FAR subpart 15.6 and this subpart. (c) For detailed information on unsolicited proposals including point of contact informat ion see (48 CFR) AIDAR 715.604. [49 FR 13240, Apr. 3, 1984. Redesignated and amended at 64 FR 16648, 16649, Apr. 6, 1999; 64 FR 25405, May 11, 1999; 79 FR 74993, Dec. 16, 2014] 715.604 Agency points of contact . (a) Information on USAID's policies for uns olicited proposals is available from the U.S. Agency for International Development, Bureau for Management, Office of Acquisition and Assistance, Evaluation Division (M/OAA/E), SA - 44, Room 858 - E, 1300 Pennsylvania Ave. NW., Washington, DC 20523 or by email to [email protected] Initial inquiries and subsequent unsolicited proposals must be submitted to the address specified above. (b) The information available includes: (1) Contact points within USAID; (2) Definitions; USAID objectives and areas of potential interest; (3) Information source on (4) Characteristics of a suitable proposal; (5) Determination of contractor responsibility; (6) Organizational conflicts of interest; (7) Cost sharing; and (8) Procedures for submission and evaluation of pr oposals; (9) Guidance on preferred methods for submitting ideas/concepts to the Government; (10) Instructions for identifying and marking proprietary information so that it is projected and restrictive legends conform to (48 CFR) FAR 15.609. Dec. 16, 2014] [79 FR 74993, 39

40 PART 716 – TYPES OF CONTRACTS — Subpart 716.3 Cost Reimbursement Contracts Cost - sharing contracts . 716.303 (a) - (b) [Reserved] (c) Limitations. In addition to the limitations specified in (48 CFR) FAR 16.301 - 3, prior approval of the M/OAA Dir ector (see 701.601(a)(1)) is required in order to use a cost - sharing contract with an educational institution. [54 FR 46390, Nov. 3, 1989, as amended at 64 FR 42042, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 716.306 [Reserved] 716.406 Contract clauses . The contracting officer must insert the clause at 752.216 - 70, Award Fee, in solicitations and contracts when an award - fee contract is contemplated. [64 FR 5007, Feb. 2, 1999, as amended at 79 FR 74993, Dec. 16, 2014] Subpart 71 6.5 — Indefinite - Delivery Contracts Source: 77 FR 8171, Feb. 14, 2012, unless otherwise noted. - Partner vetting — indefinite - delivery contracts 716.501 270 . If a task order or delivery order under an indefinite - delivery contract has the potential to be subjec t to vetting, then the contract itself will be subject to the applicable procedures and requirements for partner vetting in (48 CFR) AIDAR 704.70. 716.505 - 70 Partner vetting — orders under indefinite delivery contracts . (a) The task order contracting offic er will specify in the request for task or delivery order proposals whether the order is subject to vetting and when awardees must submit the USAID Partner Information Form. (b) For orders under multiple award contracts, fair opportunity selection procedur es are conducted separately from vetting. The contracting officer for the order must follow the ordering procedures in the contract to select the order awardee without knowledge of vetting - related information, other than that the contractor has passed or n ot passed vetting. 40

41 (c) The contracting officer may only place an order subject to vetting with an awardee that has passed vetting for that order. . 716.506 Solicitation provision and contract clause officer will insert the provision (a) As prescribed in 48 CFR 704.7005(a), the contracting at 752.204 70 Partner Vetting Pre - Award Requirements, in solicitations for indefinite - delivery contracts when USAID anticipates that any orders placed under the contract will be subject to vetting. (b)(1) The contracting officer will insert the clause at 752.216 - 71 Partner Vetting, in those solicitations and contracts for indefinite delivery contracts that USAID identifies as - subject to vetting. (2) The contracting officer will use the clause with its Alternate I when USAI D determines that subcontracts at any tier for certain classes of supplies or services are subject to vetting. PART 717 – SPECIAL CONTRACTING METHODS Subpart 717.70 Pharmaceutical Products 717.770 General . Section 606(c) of the Foreign Assistance Act bar s procurement by the Government of drug and pharmaceutical products manufactured outside the United States if their manufacture involves the use of or is covered by an unexpired U.S. patent which has ourt decision unless the not been held invalid by an unappealed or unappealable c manufacture is expressly authorized by the patent owner. Applicable policies and procedures are set forth in USAID Automated Directive System Chapter 312. [49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996. Redesi gnated at 79 FR 74993, Dec. 16, 2014] SUBCHAPTER D – SOCIOECONOMIC PROGRAMS PART 719 SMALL BUSINESS PROGRAMS – 719.270 Small business policies . (a) In keeping with section 602 of the Foreign Assistance Act of 1961 (22 U.S.C. 2352), as amended, USAID shal l, insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of said Act, assist U.S. small businesses to participate equitably in the furnishing of supplies and services for Foreign Assistance activities. s the policy of USAID to: (b) It i 41

42 (1) Fully endorse and carry out the Government's small business program for placing a fair proportion of its purchases and contracts for supplies, construction (including ices (including personal, maintenance and repair), research and development, and serv professional, and technical services) with small business, including minority small business concerns; and (2) Increase their participation in USAID procurement. (c) In furtherance of this policy: (1) Contracting officer's represe ntatives shall make positive efforts (see 719.271 - 5) to identify potentially qualified small and minority business firms during precontract development of activities and shall, with the responsible contracting officers, assure that such firms are given ful l opportunity to participate equitably; (2) Small business set asides shall be made for all contracts to be executed in - USAID/Washington which qualify for small business set - aside action under part 19 of the (48 CFR) FAR; and (3) Consideration shall be giv en in appropriate cases to the award of the contract to the Small Business Administration for subcontracting to small business firms pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)). (d) This program shall be implemented by all USAID/W ashington contracting activities in order to attain these policy objectives. In accordance with 719.271, all USAID/Washington direct - procurement requirements which exceed the simplified es by the Office of acquisition threshold shall be screened for small business opportuniti Small and Disadvantaged Business Utilization (OSDBU) except those exempted by - 6(a). 719.271 (e) Where practicable and desirable, small business and minority business enterprise award goals will be established for the respective USAID/Wa shington procuring activities to provide incentive for contracting personnel to increase awards to small firms. The goals will be set by OSDBU after consultation with the respective head of the contracting activity (see 702 - 170). (f) In the event of a disa greement between OSDBU and the contracting officer concerning: (1) A recommended set - aside, or (2) a request for modification or withdrawal of a class or individual set - aside, complete documentation of the case including the reasons for disagreement shall be transmitted within five working days to the head of the contracting activity (see 719.271 - 6(e)) for a decision. Procurement action shall be suspended pending a decision. (g) The above suspension shall not apply where the contracting officer: 42

43 (1) Certifi es in writing, with supporting information, that in order to protect the public interest award must be made without delay; (2) Promptly provides a copy of said certification to OSDBU; and (3) Includes a copy of the certification in the contract file. (h) O SDBU shall be the Small Business Advisor and Minority Business Procurement Policy Manager for all USAID/Washington procuring activities. (i) The details on the Agency's direction and operation of the small business program are set forth in 719.271. (j) No decision rendered, or action taken, under the coverage set forth in 719.271 shall preclude the Small Business Administration from appealing directly to the USAID Administrator as provided for in part 19 of the FAR. [49 FR 13243, Apr. 3, 1984, as amended at 52 FR 21058, June 4, 1987; 56 FR 67224, Dec. 30, 1991; 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997; 79 FR 74988, 74993, Dec. 16, 2014] 719.271 Agency program direction and operation . - 719.271 1 General . The purpose of this section is to pres cribe responsibilities and procedures for carrying out the small business program policy set forth in 219.270, and in part 19 of the (48 CFR) FAR. Small business concerns are defined in (48 CFR) FAR subpart 19.1; in ncerns organized for profit. Nonprofit addition, small business concerns are co organizations are not considered small business concerns. Small disadvantaged business enterprises are defined in (48 CFR) FAR subpart 19.1. Small disadvantaged iness” when used in this business enterprises are included in the term “small bus subpart; specific reference to disadvantaged business enterprises is for added emphasis. [49 FR 13243, Apr. 3, 1984, as amended at 79 FR 74988, 74993, Dec. 16, 2014] 719.271 2 The USAID Office of Small and Disadvantaged Business Utilization - (OSDBU) . (a) OSDBU is responsible for administering, implementing, and coordinating the Agency's small business (including minority business enterprises) program. (b) OSDBU, headed by the Director, OSDBU, who also serves as the Minority Busines s Procurement Manager, shall be specifically responsible for: 43

44 (1) Developing policies, plans, and procedures for a coordinated Agency - wide small business and minority business enterprise procurement program; (2) Advising and consulting regularly with USAID /Washington procuring activities on all phases of their small business program, including, where practicable and desirable, the establishment of small business and minority business enterprise award goals; (3) Collaborating with officials of the Small Busi ness Administration (SBA), other Government Agencies, and private organizations on matters affecting the Agency's small business program; (4) [Reserved] (5) Cooperating with contracting officers in administering the performance of contractors subject to th e Small Business and Minority Business Enterprises Subcontracting Program clauses; (6) Developing a plan of operation designed to increase the share of contracts awarded to small business concerns, including small minority business enterprises; (7) Establi shing small business class set - aside for types and classes of items of services where appropriate; (8) Reviewing each procurement requisition to make certain individual or class set - tions in asides are initiated on all suitable USAID/Washington proposed contract ac excess of the simplified acquisition threshold which are subject to screening (see 719.271 - 6); (9) Maintaining a program designed to: (i) Locate capable small business sources for current and future procurements through GSA and other methods; (ii) Utilize every source available to determine if an item is obtainable from small business; and (iii) Develop adequate small business competition on all appropriate procurements; (10) Taking action to assure that unnecessary qualifications, restrictive spec ifications, or other features (such as inadequate procurement lead time) of the programming or procurement process, which may prevent small business participation in the competitive process, are modified to permit such participation where an adequate produ ct or service can be obtained; 44

45 (11) Recommending that portions of large planned procurements or suitable components of end items or services be purchased separately so small firms may compete; - competitive procurements, recommending to the contracting (12) On proposed non officer that the procurement be made competitive when, in the opinion of OSDBU, there are small business or minority business enterprises believed competent to furnish the list of such firms; required goods or services, and supplying the contracting officer a (13) Assisting small business concerns with individual problems; (14) Promoting increased awareness by the technical staff of the availability of small business firms; (15) Making available to GSA copies of solicitations when so request ed; (16) Counseling non - responsive or non - responsible small business bidders/offerors to help them participate more effectively in future solicitations; and (17) Examining bidders lists to make certain small business firms are appropriately identified and adequately represented for both negotiated and advertised procurements. [49 FR 13243, Apr. 3, 1984, as amended at 52 FR 21058, June 4, 1987; 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997 ; 79 FR 74993, Dec. 16, 2014] 719.271 - USAID contracting officers . 3 With respect to procurement activities within their jurisdiction, contracting officers are responsible for: (a) Being thoroughly familiar with part 19 of the (48 CFR) FAR and this section dealing with the small business program; (b) Screening abs tracts of bids and other award data to determine set - aside potential for future procurements; (c) Assuring that small business concerns and minority business enterprises are appropriately identified on source lists and abstracts of bids or proposals by an “S” and “M”, respectively, or other appropriate symbol; (d) Reviewing types and classes of items and services to determine where small business set - asides can be applied; (e) Recommending that portions of large planned procurements of suitable components f end items or services be purchased separately so small firms may compete; o 45

46 (f) Making a unilateral determination for total or partial small business set - asides in accordance with subpart 19.5 of the Federal Acquisition Regulations; procurement actions for USAID/Washington contracts to (g) Submitting proposed - 6); OSDBU for screening (see 719.271 (h) Taking action to assure that unnecessary qualifications, restrictive specifications or other features (such as inadequate procurement lead time) of the programm ing or procurement process which may prevent small business participation in the competitive process are modified to permit such participation where an adequate product or service can be obtained; (i) Prior to rendering a final decision on a proposed non c ompetitive procurement action, - and as part of his/her findings and determinations, the contracting officer shall consider the recommendations, if any, of SDB together with the latter's list of additional sources; (j) As appropriate, referring small busines s concerns, including small minority business enterprises, to OSDBU for information and advice; (k) Promoting increased awareness by the technical staff of the availability of small business concerns; (l) Making available to OSDBU copies of solicitations w hen requested; (m) Assisting OSDBU in counseling non responsive or non - - responsible small business bidders/offerors to help them to participate more effectively in future solicitations; and Subcontracting (n) Including the Small Business and Minority Business Enterprises Program clauses in all contracts where required by part 19 of the (48 CFR) FAR. [49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997; 79 FR 74993, Dec. 16, 2014] 719.271 4 Heads of contracting ac tivities . - In order for the Agency small business program to be effective, the active support of top management is required. The heads of the contracting activities shall be responsible for: (a) Rendering decisions in cases resulting from non - acceptances by their contracting officers of set - aside recommendations made by OSDBU; (b) Consulting with OSDBU in establishing small business and minority business enterprise award goals, where practicable and desirable; and (c) Advising contracting officer's represent atives of their responsibilities as set forth in 5. 719.271 - 46

47 [49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996; 79 FR 74988, 74993, 74994, Dec. 16, 2014] - Contracting officer's representatives . 719.271 5 Since the procurement process sta rts with the establishment of a requirement, the actions of the Contracting officer's representatives can affect the opportunity of small business to participate equitably; therefore, each contracting officer's representative shall, during the formulation of activities which will require contractual implementation: (a) Consult with OSDBU on the availability and capabilities of small business firms to permit making a tentative set - aside determination where appropriate; and (b) Provide sufficient procurement lead time in the activity implementation schedule to allow potential small business participation. [49 FR 13243, Apr. 3, 1984, as amended at 61 FR 39092, July 26, 1996; 79 FR 74988, 74993, Dec. 16, 2014] 719.271 - 6 Small business screening procedure . (a ) General. All USAID/Washington proposed contract actions in excess of the simplified acquisition threshold shall be screened by OSDBU, with the exception of: - - aside by contracting officers (719.271 - (1) Class set asides and those unilaterally set 3(f)); (2) Those where the contracting officer certifies in writing that the public exigency will not permit the delay incident to screening (719.271 - 7(b)); (3) “Institution building” contracts (contracts for development of a counterpart capability in the host count ry) with educational or nonprofit institutions; or collaborative assistance contracts pursuant to (48 CFR) AIDAR 715.370 2. - (4) Those involving the payment of tuition and fees for participant training at academic institutions; and (5) Personal services con tract requirements (see 719.270). (b) Preparation of Form USAID 1410 - 14 (the Small Business/Minority Business Enterprise Procurement Review Form). (1) The contracting officer shall prepare the subject form in an original and 3 copies and forward the origin al and 2 copies to OSDBU within one working day of receipt by the contracting activity of a procurement requisition. 47

48 (2) The contracting officer will attach to his/her transmittal a complete copy of the procurement request and a copy of the recommended sou rce list as furnished by the technical office and supplemented by him/her. (3) The contracting officer shall complete blocks 2, 3, 4, 5, 9, and 10 (when appropriate) prior to submittal to OSDBU. - (c) Screening of Form USAID 1410 screen the 14 by OSDBU. (1) OSDBU will contracting officer's recommendations on set - aside potential, small business subcontracting opportunities, and section 8(a) subcontracting, and furnish him/her with either a written concurrence in his/her recommendations or written counter - recom mendations on the original and duplicate copy within five working days from receipt of the form from the contracting officer. (2) OSDBU will complete Blocks 1, 6, 7, 8, 11, and 12 (when appropriate) prior to returning the screened form to the contracting o fficer. (d) Concurrence or rejection procedure. (1) The contracting officer shall complete Block 13 upon receipt of the original and duplicate copy of the screened form from OSDBU. recommendation, he (2) If the contracting officer rejects the OSDBU counter - /she shall return the original and duplicate forms with his/her written reasons for rejection to OSDBU within two working days. (3) Upon receipt of the contracting officer's rejection, OSDBU may: (i) accept, or (ii) appeal, the rejection. In the case of ac ceptance of the contracting officer's rejection, OSDBU shall annotate Block 14 when it renders a decision and return the original form to the contracting officer within two working days. (e) Appeal procedure. (1) When informal efforts fail to resolve the s - aside et disagreement between the contracting officer and OSDBU, the latter official may appeal the contracting officer's decision to the head of the contracting activity. Such an appeal will be made within five working days after receipt of the contractin g officer's rejection. (2) In the case of an appeal, OSDBU will send the original and duplicate form, with the appeal noted in Block 14, directly to the head of the contracting activity with its written reasons for appealing. The contracting officer will b e notified of OSDBU's appeal by means of a copy of the written reasons for appealing. (3) The head of the contracting activity shall render a decision on the appeal (complete Block 15) within three working days after receipt of same and return the original to OSDBU and the duplicate to the contracting officer. [49 FR 13243, Apr. 3, 1984, as amended at 52 FR 21058, June 4, 1987; 61 FR 39092, July 26, 1996; 62 FR 40468, July 29, 1997; 64 FR 42042, Aug. 3, 1999; 79 FR 74988, 74993, Dec. 16, 2014] 48

49 - 719.271 R eports on procurement actions that are exempted from screening . 7 - asides. The contracting officer shall prepare Form USAID (a) Unilateral and class set 14 as stated in 719.271 6, but forward only the duplicate copy with the 1410 - - documentation required by Blo ck 5 of the form to OSDBU. The original will be filed in the contract file. - 7(a) above, OSDBU (1) If, upon review of the material submitted under 719.271 concludes that it would be practicable to accomplish all or a portion of the procurement r section 8(a) subcontracting, it shall so advise the contracting officer in involved unde writing within five days after receipt of such material. - recommendation and shall be processed (2) Such advice shall be considered a counter - e). in accordance with 719.271 6 (d) and ( (b) Public exigency exemption. The contracting officer shall prepare Form USAID 1410 - - 14 as stated in 719.271 6, but forward only the duplicate copy with the documentation required by Block 5 of the form to OSDBU. In addition to the documentation called for in 719.271 - 6, the contracting officer shall furnish a copy of his/her written determination exempting the procurement from screening. The determination shall cite the pertinent facts which led to his/her decision. This exemption is not intended to be used as - substitute for good procurement planning and lead time; OSDBU will report abuses of this exemption to the head of the contracting activity for appropriate action in accordance with 719.271 4(c). - e contracting officer shall prepare (c) Institution building contract (IBC) exemption. Th - 14 as stated in 719.271 - 6, but forward only the duplicate copy with Form USAID 1410 the documentation required by Block 5 of the form to OSDBU. - 14 is not (d) Personal services contract exemption. Preparation of Form USAID 1410 required for personal services contracts. [49 FR 13243, Apr. 3, 1984, as amended at 79 FR 74993, Dec. 16, 2014] 719.272 [Reserved] Subpart 719.273 The U.S. Agency for International Development (USAID) — Mentor - Protégé Progr am Source: 72 FR 32543, J une 13, 2007, unless otherwise noted. 719.273 The U.S. Agency for International Development (USAID) Mentor - Protégé Program. . 719.273 - 1 Purpose 49

50 The USAID Mentor - Protégé Program is designed to assist small business, including - , service - disabled veteran - owned small business, veteran owned small business - HUBZone, small socially and economically disadvantaged business, and women owned small business in enhancing their capabilities to perform contracts and sub - contracts for USAID and other Federal agencies. Th e Mentor - Protégé Program is also designed to improve the performance of USAID contractors and subcontractors by providing developmental assistance to Protégé entities, fostering the establishment of long - term business relationships between small business a nd prime contractors, and increasing the overall number of small business that receive USAID contract and subcontract awards. A firm's status as a Protégé under a USAID contract shall not have an effect on the firm's eligibility to seek other prime contrac ts or subcontracts. 719.273 - 2 Definitions . Throughout, the term “small business” includes all categories of small firms as defined by the Small Business Administration (SBA) on whose behalf the Office of Small and Disadvantaged Business Utilization (OSDB U) is chartered to advocate, including small business, small disadvantaged business, women - owned small business, veteran - owned disabled veteran and service - owned small business and small business located in - HUBZones, as those terms are defined in 13 CFR pa rt 124. The determination of affiliation is a function of the SBA. (a) A “Mentor” is a prime contractor that elects to promote and develop small business subcontractors by providing developmental assistance designed to enhance the business success of the P rotégé. (b) “Program” refers to the USAID Mentor - Protégé Program as described in this Chapter. (c) “Protégé” means a small business, small disadvantaged business, women - owned small business, HUBZone small business, veteran - owned small business or service - d isabled veteran owned small business that is the recipient of developmental assistance pursuant to a Mentor - Protégé Agreement. 719.273 Incentives for prime contractor participation . 3 - (a) Under the Small Business Act, 15 U.S.C. 637(d)(4)(E), USAID is aut horized to provide appropriate incentives to encourage subcontracting opportunities for small business consistent with the efficient and economical performance of the contract. This authority is limited to negotiated procurements. (48 CFR) FAR 19.202 - 1 pro vides additional guidance. (b) Costs incurred by a Mentor to provide developmental assistance, as described in 719.273 - 8 to fulfill the terms of their agreement(s) with a Protégé firm(s), are not reimbursable as a direct cost under a USAID contract. If USA ID is the mentor's 1, USAID will consider these - responsible audit agency under (48 CFR) FAR 42.703 50

51 costs in determining indirect cost rates. If USAID is not the responsible audit agency, mentors are encouraged to enter into an advance agreement with their responsible audit agency on the treatment of such costs when determining indirect cost rates. (c) In addition to subparagraph (b) above, contracting officers may give Mentors evaluation credit under (48 CFR) FAR 15.101 - 1 considerations for subcontracts rded pursuant to their Mentor - Protégé Agreements and their subcontracting plans. awa Therefore: (1) Contracting officers may evaluate subcontracting plans containing Mentor - Protégé arrangements more favorably than subcontracting plans without Mentor - Protégé Ag reements. (2) Contracting officers may assess the prime contractor's compliance with the subcontracting plans submitted in previous contracts as a factor in evaluating past performance under (48 CFR) FAR 15.305(a)(2)(v) and determining contractor responsib ility (48 CFR) 19.705 - 5(a)(1). (d) OSDBU Mentoring Award. A non - monetary award will be presented annually to the Mentoring firm providing the most effective developmental support of a Protégé. The Mentor - Protégé Program Manager will recommend an award winn er to the Director of the Office of Small and Disadvantaged Business Utilization (OSDBU). (e) OSDBU Mentor - Protégé Annual Conference. At the conclusion of each year in the Mentor - Protégé Program, Mentor firms will be invited to brief contracting officers, program leaders, office directors and other guests on Program progress. [49 FR 13243, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] - 4 719.273 . Eligibility of Mentor and Protégé firms Eligible business entities approved as Mentors may enter into agreements (hereafter referred to as “Mentor - Protégé Agreement” or “Agreement” and explained in section 719.273 6) with eligible Protégés. Mentors provide appropriate developmental - assistance to enhance the capabilities of Protégés to perform as contracto rs and/or subcontractors. Eligible small business entities capable of providing developmental assistance may be approved as Mentors. Protégés may participate in the Program in pursuit of a prime contract or as subcontractors under the Mentor's prime contra ct with the USAID, but are not required to be a subcontractor to a USAID prime contractor or be a USAID prime contractor. Notwithstanding eligibility requirements in this section, USAID reserves the right to limit the number of participants in the Program in order to insure its effective management of the Mentor - Protégé Program. (a) Eligibility. A Mentor: (1) May be either a large or small business entity; 51

52 (2) Must be eligible for award of Government contracts; stance that will enhance the ability of (3) Must be able to provide developmental assi Protégés to perform as prime contractors or subcontractors; and (4) Will be encouraged to enter into arrangements with entities with which it has established business relationships. (b) Eligibility. A Protégé: st be a small business, veteran - owned small business, service - disabled veteran - (1) Mu owned small business, HUBZone, small socially and economically disadvantaged business, and women - owned small business); (2) Must meet the size standard corresponding to the NAIC S code that the Mentor prime contractor believes best describes the product or service being acquired by the subcontract; and (3) Eligible for award of Government contracts. (c) Protégés may have multiple Mentors. Protégés participating in Mentor - Protégé p rograms in addition to USAID's Program should maintain a system for preparing separate reports of Mentoring activity so that results of the USAID Program can be reported separately from any other agency program. - (d) A Protégé firm shall self entor firm that it meets the requirements set certify to a M forth in paragraph (b) of this section and possess related certifications granted by the Small Business Administration (e.g., HUBZone, 8(a), etc.). Mentors may rely in good otential Protégés that they meet the specified faith on written representations by p eligibility requirements. HUBZone and small disadvantaged business status eligibility and documentation requirements are determined according to 13 CFR part 124. 74988, Dec. 16, 2014] [49 FR 13243, Apr. 3, 1984, as amended at 79 FR - 5 Selection of Protégé firms . 719.273 (a) Mentor firms will be solely responsible for selecting Protégé firms. Mentors are encouraged to select from a broad base of small business including small disadvantaged business, women owned small business, veteran - owned small business, - service - disabled veteran - owned small business, and HUBZone firms whose core competencies support USAID's mission. (b) Mentors may have multiple Protégés. However, to preserve the integrity of the Program and a ssure the quality of developmental assistance provided to Protégés, USAID reserves the right to limit the total number of Protégés participating under each Protégé Program. Mentor firm for the Mentor - 52

53 (c) The selection of Protégé firms by Mentor firms may n ot be protested, except that any protest regarding the size or eligibility status of an entity selected by a Mentor shall be handled in accordance with the Federal Acquisition Regulation (FAR) and the Small Business Administration regulations. - 6 719.273 . Application process Entities interested in becoming a Mentor firm must apply in writing to the USAID Office of Small and Disadvantaged Business Utilization (OSDBU) by submitting form AID 321 - 1 (OMB Control number 0412 - 0574 approved on 5/22/2007). The appl ication shall contain the Mentor Protégé Agreement and shall be evaluated for approval. Evaluations - will consider the nature and extent of technical and managerial support as well as any proposed financial assistance in the form of equity investment, loans , joint - venture, and traditional subcontracting support. The Mentor - Protégé Agreement must contain: (a) Names, addresses, phone numbers, and e - mail addresses (if available) of Mentor and Protégé firm(s) and a point of contact for both Mentor and Protégé; ( b) A description of the developmental assistance that will be provided by the Mentor to the Protégé, including a description of the work or product contracted for (if any), a schedule for providing assistance, and criteria for evaluation of the Protégé's evelopmental success; d (c) A listing of the number and types of subcontracts to be awarded to the Protégé; (d) Duration of the Agreement, including rights and responsibilities of both parties (Mentor and Protégé); (e) Termination procedures, including proce dures for the parties' voluntary withdrawal from the Program. The Agreement shall require the Mentor or the Protégé to notify the other firm in writing at least 30 days in advance of its intent to voluntarily terminate the Agreement; (f) Procedures requiri ng the parties to notify OSDBU immediately upon receipt of termination notice from the other party; (g) A plan for accomplishing the work or product contracted for should the Agreement be terminated; and (h) Other terms and conditions, as appropriate. 719. 273 - 7 OSDBU review of application . (a) OSDBU will review the information to establish the Mentor and Protégé eligibility and to ensure that the information that is in section 719.273 - 6 is included. If the application relates to a specific contract, then OSDBU will consult with the responsible contracting 53

54 officer on the adequacy of the proposed Agreement, as appropriate. OSDBU will complete its review no later than 30 calendar days after receipt of the application or after consultation with the contracting officer, whichever is later. Application for and enrollment into the Program are free and open to the public. (b) After OSDBU completes its review and provides written approval, the Mentor may ce as provided under execute the Agreement and implement the developmental assistan the Agreement. OSDBU will provide a copy of the Mentor - Protégé Agreement to the USAID contracting officer for any USAID contracts affected by the Agreement. (c) The Agreement defines the relationship between the Mentor and Protégé firm s only. The Agreement itself does not create any privity of contract or contractual relationship between the Mentor and USAID nor the Protégé and USAID. (d) If the application is disapproved, the Mentor may provide additional information for reconsideratio n. OSDBU will complete review of any supplemental material no later than 30 days after its receipt. Upon finding deficiencies that USAID considers correctable, OSDBU will notify the Mentor and Protégé and request correction of deficiencies to be provided w ithin 15 days. - 719.273 8 Developmental assistance. The forms of developmental assistance a Mentor can provide to a Protégé include and are not limited to the following: — (a) Guidance relating to (1) Financial management; (2) Organizational management; (3 ) Overall business management/planning; (4) Business development; and (5) Technical assistance. (b) Loans; (c) Rent - free use of facilities and/or equipment; (d) Property; (e) Temporary assignment of personnel to a Protégé for training; and pes of permissible, mutually beneficial assistance. (f) Any other ty 54

55 719.273 - Obligations under the Mentor - Protégé Program. 9 (a) A Mentor or Protégé may voluntarily withdraw from the Program. However, in no event shall such withdrawal impact the contractual requirements under any prime contract. (b) Mentor and Protégé entities shall submit to the USAID Office of Small and Disadvantaged Business Utilization (OSDBU) annual reports on progress under the Mentor - Protégé Agreement. USAID will evaluate annual reports by consider ing the following: (1) Specific actions taken by the Mentor during the evaluation period to increase the participation of their Protégé(s) as suppliers to the Federal Government and to commercial entities; (2) Specific actions taken by the Mentor during th e evaluation period to develop technical and administrative expertise of a Protégé as defined in the Agreement; (3) The extent to which the Protégé has met the developmental objectives in the Agreement; the Mentor (4) The extent to which the Mentor's participation in - Protégé Program impacted the Protégé'(s) ability to receive contract(s) and subcontract(s) from private firms and Federal agencies other than USAID; and, if deemed necessary; nce provided by (5) Input from the Protégé on the nature of the developmental assista the Mentor. (c) OSDBU will submit annual reports to the relevant contracting officer regarding participating prime contractor(s)' performance in the Program. of (d) Mentor and Protégé firms shall submit an evaluation to OSDBU at the conclusion the mutually agreed upon Program period, the conclusion of the contract, or the voluntary withdrawal by either party from the Program, whichever comes first. 719.273 - 10 Internal controls . (a) OSDBU will oversee the Program and will work in concert wi - Protégé th the Mentor Program Manager and relevant contracting officers to achieve Program objectives. OSDBU will establish internal controls as checks and balances applicable to the Program. These controls will include: (1) Reviewing and evaluating Mentor applications for validity of the provided information; 55

56 (2) Reviewing annual progress reports submitted by Mentors and Protégés on Protégé development to measure Protégé progress against the plan submitted in the approved Agreement; (3) Reviewing and evalu ating financial reports and invoices submitted by the Mentor to verify that USAID is not charged by the Mentor for providing developmental assistance to the Protégé; and Protégé Program within a reporti (4) Limiting the number of participants in the Mentor - ng period, in order to insure the effective management of the Program. (b) USAID may rescind approval of an existing Mentor - Protégé Agreement if it determines that such action is in USAID's best interest. The rescission shall be in writing Mentor and Protégé after approval by the Director of OSDBU. and sent to the Rescission of an Agreement does not change the terms of any subcontract between the Mentor and the Protégé. - 11 Solicitation provision and contract clause. 719.273 ll insert the provision at (48 CFR) AIDAR 752.219 - 70 in all (a) The contracting officer sha unrestricted solicitations exceeding $550,000 ($1,000,000 for construction) that offer subcontracting opportunities. (b) The contracting officer shall insert the clause at (48 CFR) AIDAR 752.219 - 7 1 in all contracts where the prime contractor has signed a Mentor - Protégé Agreement with USAID. [72 FR 32543, June 13, 2007, as amended at 79 FR 74988, Dec. 16, 2014] - 7 — The Small Business Subcontracting Program Subpart 719 719.708 Contract clause. The Fo reign Assistance Act calls for USAID to give U.S. Small Businesses an opportunity to provide supplies and services for foreign assistance projects. To help USAID meet this obligation, the contracting officer must insert the clause at (48 CFR) AIDAR 752.219 - 8 in all solicitations and contracts that contain the (48 CFR) FAR clause at 52.219 8, Utilization of Small Business Concerns. - [79 FR 74994, Dec. 16, 2014] PART 722 – APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION Subpart 722.1 — Basic Labor Policies Overtime. 7 22.103 56

57 722.103 - Definitions. 1 Compensatory time off means leave equal to overtime worked, which, unless otherwise authorized in a contract or approved by a contracting officer, must be taken not later ing that in which the overtime is worked. than the end of the calendar month follow - 722.103 Policy. 2 (a) Most contracts covered by this regulation call for the performance of professional or technical services overseas on a cost - reimbursement basis. The compensation for employees performing suc h services is normally fixed on a monthly or annual basis, and the contracts usually state minimum work week hours. It is not expected that these employees will receive additional pay, overtime or shift premiums, or compensatory time off. (b) When the cont racting officer determines it is in the best interests of the Government, specific provision may be made in contracts to permit such benefits for non - technical and non - professional employees serving overseas, subject to approvals to be required in the cont ract. [49 FR 13246, Apr. 3, 1984. Redesignated at 61 FR 39092, July 26, 1996] 722.103 - 3 [Reserved] 722.103 Approvals. 4 - The contracting officer may make the determinations referred to in (48 CFR) FAR - 4. 22.103 t 61 FR 39092, July 26, 1996; 79 FR [49 FR 13246, Apr. 3, 1984. Redesignated a 74988, Dec. 16, 2014] 722.170 Employment of third country nationals (TCN's) and cooperating country nationals (CCN's). (a) General. It is USAID policy that cooperating country nationals (CCNs) and third country nationa ls (TCNs), who are hired abroad for work in a cooperating country under USAID - direct contracts, generally be extended the same benefits, and be subject to the same restrictions as TCNs and CCNs employed by the USAID Mission. Exceptions to this policy may b e granted either by the Mission Director or the Assistant Administrator having program responsibility for the project. (TCN's and CCN's who are hired to work in the United States shall be extended benefits and subject to restrictions on the same basis as U .S. citizens who work in the United States.) (b) Compensation. Compensation, including merit or promotion increases paid to TCN's and CCN's may not, without the approval of the Mission Director or the Assistant 57

58 or the project, exceed the prevailing Administrator having program responsibility f compensation paid to personnel performing comparable work in the cooperating country as determined by the USAID Mission. Unless otherwise authorized by the Mission responsibility for the project, the Director or the Assistant Administrator having program compensation of such TCN and CCN employees shall be paid in the currency of the cooperating country. (c) Allowances and differentials. TCN's and CCN's, hired abroad for work in a r allowances or differentials under USAID - direct cooperating country, are not eligible fo contracts, unless authorized by the Mission Director or the Assistant Administrator having program responsibility for the project. (d) Country and security clearances. The contractor shall insure that the ne cessary clearances, including security clearances, if required, have been obtained for TCN and CCN employees in accordance with any such requirements set forth in the contract or required by the USAID Mission, prior to the TCN or CCN starting work under th e contract. (e) Physical fitness. Contractors are required to insure that prospective TCN and CCN employees are examined prior to employment to determine whether the prospective employee meets the minimum physical requirements of the position and is free f rom any contagious disease. (f) Workweek, holidays, and leave. The workweek, holidays, and leave for TCN and CCN employees shall be the same as for all other employees of the contractor, under the terms of the contract; however, TCN and CCN employees are n ot eligible for home leave or military leave unless authorized by the Mission Director or the Assistant Administrator having program responsibility for the project. (g) Travel and transportation for TCN's and CCN's. Travel and transportation shall be provi ded TCN and CCN employees on the same basis as for all other employees of the contractor, under the terms of the contract. (h) Household effects and motor vehicles. USAID will not provide household effects to TCN and CCN employees; such employees may ship their household effects and motor vehicles to their place of employment on the same basis as for all other employees of the contractor, under the terms of the contract unless they are residents of the cooperating country. [49 FR 13246, Apr. 3, 1984, as ame nded at 79 FR 74994, Dec. 16, 2014] Subpart 722.8 — Equal Employment Opportunity 722.805 - 70 Procedures. (a) The procedures in this section apply, as appropriate, for all contracts excluding - 1. construction, which shall be handled in accordance with (48 CFR) F AR 22.804 58

59 Contracting officers are responsible for ensuring that the requirements of (48 CFR) FAR 22.8 and related clauses are met before awarding any contracts or consenting to subcontracts subject to these requirements. cations. The first step in ensuring compliance with these (b) Representations and certifi requirements is to obtain all necessary representations and certifications (Reps and Certs) as required by (48 CFR) FAR 22.810 and FAR 4.1202. When applicable, the e Reps and Certs to determine whether they have contracting officer must review th been completed and signed as required, and are acceptable. (c) OFCCP's National Preaward Registry. If the Reps and Certs are complete, signed, and deemed acceptable, and the contracting officer has no reason to doubt their accuracy, the contracting officer must then consult the OFCCP's National Preaward Registry at the internet website in 48 CFR 22.805(a)(4) (i) to see if the offeror is listed. (1) If the conditions stated in (48 CFR) FAR 22.805(a) (4) are met (including the contract file documentation requirement in paragraph (a)(4)(iii)), then the contracting officer does not need to take any further action in verifying the offeror's compliance with the requirements of this subpart and (48 CFR) FAR 22.8. (2) If the offeror does not appear in the National Preaward Registry, and the estimated amount of the contract or subcontract is expected to be under $10 million then the contracting officer may rely on the Reps and Certs as sufficient verification of the offe ror's compliance. (3) If the offeror does not appear in the National Preaward Registry and the estimated amount of the contract or subcontract is $10 million or more, then the contracting officer must request a preaward clearance from the appropriate OFCCP regional office, in accordance with 48 CFR 22.805(a). If the initial contact with OFCCP is by telephone, the contracting officer and OFCCP are to mutually determine what information is to be included in the written verification request. The contracting of ficer may need to provide the following information in addition to the items listed in (48 CFR) FAR 22.805(a)(5), if so requested by the OFCCP regional office: (i) Name, title, address, and telephone number of a contract person for the prospective contract or; (ii) A description of the type of organization (university, nonprofit, etc.) and its ownership (private, foreign, state, etc.). (iii) Names and addresses of the organizations in a joint venture (if any). (iv) Type of procurement (new contract — RFP or IF B, amendment, etc.) and the period of the contract. (v) Copy of approved Reps and Certs. 59

60 (d) In the event that OFCCP reports that the offeror is not in compliance, negotiations with the offeror shall be terminated. Every contract file must contain completed and (e) Documentation for the contract file. signed Reps and Certs. The file must clearly show that these documents have been reviewed and accepted by the contracting officer. If the Reps and Certs were revised to make them acceptable (see paragraph (b) of this section), the file must also document what changes were required and why, and verify that the changes were made. The contracting officer shall also document the OFCCP National Preaward Registry review (see paragraph (c)(1) of this section), and, if the Registry does not include the offeror: (1) For contracts or modifications over $10,000 but less than $10 million, the file must contain a statement from the contracting officer that the contractor is considered in compliance with EEO requirements, and giving the basis for this statement (see paragraph (c)(2) of this section). This statement may be in a separate memorandum to the file or in the memorandum of negotiation. (2) For contracts or modifications of $10 million or more, the file must document a ll communications with OFCCP regarding the offeror's compliance. Such documentation includes copies of any written correspondence and a record of telephone conversations, specifying the name, address, and telephone number of the person contacted, a of the information presented, and any advice given by OFCCP. summary (f) Documentation in the event of non - compliance. In the event OFCCP determines that a prospective contractor is not in compliance, a copy of OFCCP's written determination, and a summary of resu ltant action taken (termination of negotiations, notification of offeror and contracting officer's representative, negotiation with next offeror in competitive range, resolicitation, etc.) will be placed in the contract file for any contract lt, together with other records related to unsuccessful offers, and which may resu retained for at least six months following award. [64 FR 5007, Feb. 2, 1999; 64 FR 18481, Apr. 14, 1999, as amended at 79 FR 74988, 74994, Dec. 16, 2014] 722.810 Solicitation provisions and contract clauses. (a) The contracting officer must insert the clause at 752.222 70, USAID Disability Policy - in section I of all solicitations and resulting contracts. (b) The contracting officer must insert the clause at 752.222 - 71, Nondiscrimination i n section I of all solicitations and resulting contracts [81 FR 48716, July 26, 2016] 60

61 PART 724 — PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. - Authority: Sec. 621, Pub. L. 87 FR 56673; 3 CFR, 1979 Comp., p. 435. 12163, Sept. 29, 1979, 44 Source: 49 FR 13248, Apr. 3, 1984, unless otherwise noted. Freedom of Information Act — Subpart 724.2 Policy. 724.202 The U.S. Agency for International Development's policies concerning implementation of the Freedom of Information Act are codified in 22 CFR part 212 (USAID Regulation 12). PART 725 — FOREIGN ACQUISITION - 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. Authority: Sec. 621, Pub. L. 87 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Sour ce: 49 FR 13248, Apr. 3, 1984, unless otherwise noted. Subpart 725.1 — — Supplies Buy American Act 725.170 Exceptions for Foreign Assistance Act functions. In addition to the exception stated in (48 CFR) FAR 25.102 for purchases for use outside the United St ates, there is an exception for economic assistance functions performed under authority of the Foreign Assistance Act. This exception is stated in Executive Order 11223, dated May 12, 1965 (30 FR 6635). U.S. procurement restrictions are applied by USAID, h owever, as shown elsewhere in this part. These restrictions are generally tighter than the Buy American Act. As a general rule, the tighter USAID restrictions will be used. In the case of certain procurements for use within the United States, the Buy Ameri can provision may be used instead in the interest of uniformity among Federal Agencies procuring for domestic use. [49 FR 13248, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] Subpart 725.4 — Trade Agreements 725.403 Exceptions. establishes procedures for purchases under the Trade Agreements (48 CFR) FAR 25.4 Act of 1979 (including GATT's Agreement on Government Procurement) and the North American Free Trade Agreement (NAFTA). Under both such agreements, USAID's 61

62 contracts for the purpose of providi ng foreign assistance are not subject to the - procedures set forth in (48 CFR) FAR 25.4. In contrast, USAID's operating expense type administrative purchases (i.e., purchases for the direct benefit and use of USAID) are subject to the procedures in (48 CFR) FAR 25.4, unless otherwise exempted by one of the exemptions specified in (48 CFR) FAR 25.4. [61 FR 39093, July 26, 1996, as amended at 79 FR 74988, Dec. 16, 2014] Subpart 725.70 — Source and Nationality Source: 79 FR 74994, Dec. 16, 2014, unless otherwise noted. 725.701 General. USAID's source and nationality requirements for program - funded contracts and subcontracts are set forth in 22 CFR part 228, Rules on Procurement of Commodities and Services Financed by USAID. 22 CFR part 228 is supplemented by the policies and procedures in ADS Chapters 310 and 312. 725.702 Designation of authorized geographic code. (a) Unless another geographic code is specified in the Schedule of the contract, in accordance with 22 CFR part 228, the authorized code for all Agen cy contracts is Geographic Code 937, which is the U.S., the cooperating/recipient country, and developing countries other than advanced developing countries, and excluding prohibited sources. 310. (b) The list of developing countries is available in ADS Chapter 725.703 — Contract clause. Source and Nationality requirements Insert the clause at 752.225 - 70, Source and Nationality Requirements in all USAID program - funded solicitations and contracts for goods or services, unless source and nationality requireme nts do not apply as set forth at 22 CFR 228.02. 725.704 Geographic Code waivers. (a) Authority to approve waivers of source, nationality, and transportation services requirements, pursuant to 22 CFR part 228, subpart D, is set forth in ADS Chapters 103 a nd 310. (b) If a Geographic Code other than Code 937 is authorized by a waiver, the contracting officer must insert the authorized geographic code approved in the waiver, in the Schedule of the contract as required in 725.702. In addition, the contracting officer must place a copy of the approved geographic code waiver in the official contract file. 62

63 PART 726 — OTHER SOCIOECONOMIC PROGRAMS Authority: Sec. 621, Pub. L. 87 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; - 3 CFR, 1979 Comp., p. 435. E.O.12163, Sept. 29, 1979, 44 FR 56673; Source: 55 FR 8470, Mar. 8, 1990, unless otherwise noted. Subpart 726.70 [Reserved] Subpart 726.71 — Relocation of U.S. Businesses, Assistance to Export Processing Zones, Internationally Recognized Workers' Rights 726.7101 Policy . USAID Policy Determination (PD) 20, “Guidelines to Assure USAID Programs do not Result in the Loss of Jobs in the U.S.” implemented statutory prohibitions on expenditure of appropriated funds. The PD contains a standard provision for inclusion in USAID - f unded grants and inter - agency agreements and indicates that when the PD applies to a contract, appropriate provisions covering the subject matter are to be included. When the provisions of PD 20 do apply to a contract, the cognizant technical office shall provide to the contracting officer appropriate language tailored to the specific circumstances for the contract statement of work, or if applicable to the circumstances, the provision included in the PD (see 726.7102) may be used as a clause in the t. The provision is not required in subcontracts. contrac [61 FR 39093, July 26, 1996] PD 20 provision 726.7102 Relocation of U.S. Businesses, Assistance to Export - Processing Zones, Internationally Recognized Workers' Rights (JAN 1994) No funds or other suppor t provided hereunder may be used in an activity reasonably likely to involve the relocation or expansion outside of the United States of an enterprise located in the United States if non U.S. production in such relocation or expansion - replaces some or all of the production of, and reduces the number of employees at, said enterprise in the United States. No funds or other support provided hereunder may be used in an activity the purpose of which is the establishment or development in a foreign country of any export processing zone or designated area where the labor, environmental, tax, tariff, and safety laws of the country would not apply, without the prior approval of USAID. No funds or other support provided hereunder may be used in an activity which contr ibutes to the violation of internationally recognized rights of workers in the recipient country, including those in any designated zone or area in that country. 63

64 [61 FR 39093, July 26, 1996] – GENERAL CONTRACTING REQUIREMENTS SUBCHAPTER E — PATENTS, PART 727 DATA, AND COPYRIGHTS 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: 72 FR 53163, Sept. 18, 2007, unless otherwise noted. Subpart 727.3 — Patent R ights under Government Contracts 727.303 Contract clause. Contracting officers must insert the clause at 752.227 - 70, Patent Reporting Procedures, in all solicitations and contracts that contain the clause at (48 CFR) FAR 52.227 - 11, — Patent Rights Ownershi p by the Contractor. [79 FR 74994, Dec. 16, 2014] — Subpart 727.4 Rights in Data and Copyrights Basic rights in data clause. 727.404 (a) through (f) [Reserved] (g) When the contract includes a requirement for the contractor to assign copyright to the Gover nment or another party, the contracting officer must insert (48 CFR) 752.227 - 14 and/or include an express limitation or restriction in the contract. USAID contracting officers will assert such a right in limited circumstances in accordance with the princip les as stated in (48 CFR) 27.402. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74988, 74994, Dec. 16, 2014] 727.409 Solicitation provisions and contract clauses. (a) When the contracting officer inserts (48 CFR) FAR 52.227 - 14, and if the release or publication of data first produced in the performance of the contract may be sensitive to U.S. Government relations with the cooperating country, the contracting officer must use the clause at (48 CFR) AIDAR 752.227 - 14. (b) through (m) [Reserved] 64

65 (n) The p rescriptions for provisions and clauses in (48 CFR) FAR 27.409 apply to all USAID contracts regardless of place of performance. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74988, 74995, Dec. 16, 2014] — PART 728 BONDS AND INSURANCE 621, Pub. L. 87 - 195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. Authority: Sec. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Source: 49 FR 13249, Apr. 3, 1984, unless otherwise noted. — Bonds Subpart 728.1 728.105 1 Advance payment bonds. - (a) Genera lly, advance payment bonds will not be required in connection with USAID contracts containing an advance payment provision. In lieu thereof, contracting officers will follow procedures set forth in (48 CFR) FAR 32.409 3. - considers that an advance payment bond is (b) Whenever a contracting officer necessary, the contracting officer will: (1) Establish a bond penalty that will adequately protect interests of the Government; (2) Use the USAID Advance Payment Bond format; (3) Place bond with a surety currently approved by the U.S. Treasury Department according to the latest Treasury Department Circular 570; and (4) Stipulate that the cost of the bond shall not exceed a rate of $7.50 per $1,000 per approval of the annum based on the penalty of the bond, without the prior written Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P). (c) Where the surety's obligation under an advance payment bond covers all advances made to the contractor during the term of the contract, no release should be issued to the surety until all advances made and to be made under the contract have been fully liquidated in accordance with the provisions of the contract, such as no - pay vouchers, reports of expenditures, or by refund. Where the surety's obliga tion under the bond is limited to advances made during a specified period of time, no release should be issued 65

66 to the surety until all advances made and to be made during the specified period have been liquidated as aforesaid. s amended at 50 FR 50302, Dec. 10, 1985; 55 FR 6802, [49 FR 13249, Apr. 3, 1984, a Feb. 27, 1990; 56 FR 67224, Dec. 30, 1991; 59 FR 33446, June 29, 1994; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74995, Dec. 16, 2014] Subpart 728.3 — Insurance 728.305 - 70 Overseas worker's compensation a nd war - hazard insurance — waivers and USAID insurance coverage. (a) Upon the recommendation of the USAID Administrator, the Secretary of Labor may waive the applicability of the Defense Base Act (DBA) with respect to any contract, subcontract, or subordinate contract, work location, or classification of employees. Either the contractor or USAID can request a waiver from coverage. Such a waiver can apply to any employees who are not U.S. citizens, not residents of, or not hired in the United States. Waivers re quested by the contractor are submitted to the contracting officer for approval and further submission to the Department of Labor, which grants the waiver. Application for a waiver is submitted on Labor Department Form BEC 565. USAID has a number of blanke t waivers already in effect for certain countries that are applicable to its direct contracts with contractors performing in such countries. Where such waivers are granted from coverage under the DBA, the waiver is conditioned on ompensation coverage to employees to which the waiver providing other worker's c applies. Usually this takes the form of securing worker's compensation coverage of the country where work will be performed or of the country of the employee's nationality, whichever offers greater bene fits. The Department of Labor has granted partial blanket waivers of DBA coverage applicable to USAID financed contracts performed in certain - countries, subject to two conditions: (1) Employees hired in the United States by the contractor, and citizens or residents of the United States are to be provided DBA insurance coverage; (2) Waived employees (i.e., employees who are neither U.S. citizens nor U.S. resident aliens, and who were hired outside the United States) will be provided worker's compensation ben efits as required by the laws of the country in which they are working or the laws of their native country, whichever offers greater benefits. Information as to whether a DBA Waiver has been obtained by USAID for a particular country may be obtained from t he cognizant USAID contracting officer. (b) To assist contractors in securing insurance at minimal rates for the workmen's compensation insurance required under the DBA, and to facilitate meeting insurance requirements for such coverage, USAID, after open and competitive negotiation, has entered into a contract with an insurance carrier to provide such coverage at a specified rate. The terms of this contract require the insurance carrier to provide coverage, and its claims with that insurance carrier. the contractor to make payments to and handle 66

67 Contracting officers are responsible for explaining and advising contractors of the details of securing such insurance. [49 FR 13249, Apr. 3, 1984, as amended at 52 FR 4144, Feb. 10, 1987. Redesignated 0, Dec. 16, 1988, and amended at 54 FR 16122, Apr. 21, 1989; 56 FR at 53 FR 5063 67224, Dec. 30, 1991] 2 Liability. 728.307 - (b) [Reserved] - (a) (c) Automobile liability. In order to ensure that private automobiles used by contractor n USAID contract are properly insured, USAID employees stationed overseas under a has established minimum required coverages as a supplement to the (48 CFR) FAR clause at 52.228 7. This supplemental coverage is specified in (48 CFR) AIDAR - 752.228 - 7, and is to be used in all USAID - direct contr acts involving performance overseas. [53 FR 50630, Dec. 16, 1988, as amended at 79 FR 74988, Dec. 16, 2014] 728.307 - 70 Medical Evacuation (MEDEVAC) Services (MAR 1993). The contracting officer must insert the clause at 752.228 - 70 in all contracts which r equire performance by contractor employees overseas. [59 FR 33446, Ju Contract clause for worker's compensation insurance. 728.309 (a) Because of the volume of projects performed overseas resulting in contracts which nce, USAID has contracted with an insurance require worker's compensation insura carrier to provide the required insurance for all USAID contractors. It is therefore necessary to supplement the (48 CFR) FAR clause at 52.228 - 3 with the additional coverage specified in (48 CFR) AIDAR 752.228 - 3. The coverage specified in (48 CFR) AIDAR 752.228 3 shall be used in addition to the coverage specified in (48 CFR) FAR - 52.228 - 3 in all USAID - direct contracts involving performance overseas. [53 FR 50630, Dec. 16, 1988, as amended at 79 FR 74988, Dec. 16, 2014] 728.313 Contract clauses for insurance of transportation or transportation - related services. (a) USAID is required by law to include language in all its direct contracts and opportunity subcontracts ensuring that all U.S. marine insurance companies have a fair to bid for marine insurance when such insurance is necessary or appropriate under the contract. USAID has therefore established a supplementary preface to the clause at (48 67

68 CFR) FAR 52.228 - AIDAR 9. This supplementary preface is set forth in (48 CFR) - - direct contract where marine insurance 752.228 9, and is required for use in any USAID is necessary or appropriate. [53 FR 50630, Dec. 16, 1988, as amended at 79 FR 74988, Dec. 16, 2014] PART 729 — TAXES Authority: Sec. 621, Pub. L. 87 - 195, 75 Stat . 445 (22 U.S.C. 2381), as amended; E.O. 12163, 44 FR 56673, 3 CFR 1979 Comp., p. 435. Source: 81 FR 48716, July 26, 2016, unless otherwise noted. Subpart 729.4 — Contract Clauses 729.402 - 70 Foreign contracts. (a) Section 579 of the Foreign Operations, Exp ort Financing, and Related Programs Appropriations Act of FY 2003 requires certain steps to prevent countries from imposing taxes [defined as Value Added Tax (VAT) or customs duties] on U.S. foreign assistance, or if imposed, requires the countries to reim burse the assessed taxes or duties. The Act also requires certain reporting to Congress. The Department of State has published guidance for implementing this section of the Act. See http://2001 - 2009.state.gov/s/d/rm/c10443.htm for further information. Contracting Officers (COs) must insert the clause at 752.229 - 71, Reporting of (b) Foreign Taxes in section I of solicitations and resulting contracts that obligate or subobligate FY 2003 or later funds except for the following: (1) Contracts funded with Operat ing Expense, Public Law 83 - 480 funds, or trust funds; or (2) Contracts where there will be no commodity transactions in a foreign country over the amount of $500. PART 731 – CONTRACT COST PRINCIPLES AND PROCEDURES Subpart 731.1 — Applicability 731.109 Adva nce agreements. Advance agreements on selected costs may be negotiated with USAID contractors by the Bureau for Management, Office of Acquisition and Assistance, Cost Audit Support 68

69 Division, Overhead and Special Cost and Contract Close - Out Branch S/OCC). Such advance understandings will be applicable to all USAID (M/OAA/CA contracts with that contractor. [49 FR 13250, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 51 FR 20651, June 6, 1986; 72 FR 19670, Apr. 19, 2007; 79 FR 74995, Dec. 16, 2014] part 731.2 — Contracts With Commercial Organizations Sub 731.205 - 6 Compensation for personal services. (a) When establishing the workweek for employees overseas the contractor General. will take local and USAID Mission practice into account and will insure tha t the workweek is compatible with that of those USAID Mission and Cooperating Country employees with whom the contractor will be working. (b) Salaries and wages. It is USAID policy that if an employee's base salary plus overseas recruitment incentive, if a ny (see (48 CFR) AIDAR 731.205 - 70) exceeds the USAID Contractor Salary Threshold (USAID CST), as stated in USAID's Automated Directives System (ADS) Chapter 302 USAID Direct Contracting (available at http://www.usaid.gov/policy/ads/300/302.pdf ), it will be allowable only if approved in writing by the contracting officer. The contracting officer shall only provide such approval after internal Agency procedures for review/approval of salaries in excess of icies on compensation of the USAID CST in ADS 302 have been followed. USAID pol third country national or cooperating country national employees are set forth in (48 CFR) AIDAR 722.170. - (l) [Reserved] (d) Fringe benefits. USAID's policies on certain fringe benefits related to overseas (m) service, including bu t not limited to leave, holidays, differentials and allowances, etc. are set forth in the appropriate contract clauses in (48 CFR) AIDAR subpart 752.70. [57 FR 5235, Feb. 13, 1992, as amended at 60 FR 11913, Mar. 3, 1995; 62 FR 40468, July 29, 1997; 64 FR 5008, Feb. 2, 1999; 72 FR 19669, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 731.205 - 43 Trade, business, technical and professional activity costs — USAID conference approval requirements. (a) The contractor must obtain prior written approval from the contr acting officer, or the contracting officer's representative (COR), if delegated in the Contracting Officer's Representative Designation Letter, for costs related to conferences funded in whole or in part with USAID funds when: employees are expected to attend. (1) Twenty (20) or more USAID 69

70 (2) The net conference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants. will follow the (b) The contracting officer or the contracting officer's representative internal Agency procedures for review and approval of conference costs, as specified in Automated Directive System (ADS) chapter 580, prior to providing such approval to the contractor. criteria above, incurred without (c) Costs associated with a conference that meets the USAID prior written approval, are unallowable. 72 in all USAID - funded (d) Contracting officers must insert the clause at 752.231 - - solicitations and contracts anticipated to include a requirement for a USAID funded conference - 72 for the definition of a conference and . See (48 CFR) AIDAR 752.231 specific requirements and procedures. [81 FR 48716, July 26, 2016] - 731.205 Travel costs. 46 It is USAID policy to require prior written approval of international travel by the contrac ting officer, or the contracting officer's representative (COR) if delegated in the Contracting Officer's Representative Designation Letter. See (48 CFR) AIDAR 752.7032 for specific requirements and procedures. [79 FR 74995, Dec. 16, 2014] - 70 Ove 731.205 rseas recruitment incentive. Note: The term employee as used in this section means an employee who is a U.S. citizen or a U.S. resident alien.) (a) If a contractor employee serving overseas under a contract does not qualify for the ncome provided under section 911 of the U.S. Internal exemption for overseas i Revenue Code (26 U.S.C. 911), such employee is eligible to receive an overseas recruitment incentive (ORI), to the extent the ORI: Is authorized by the contractor's normal policy and practice; is deemed necessary by the contractor to recruit and retain qualified employees for overseas services; and does not exceed 10% of the base salary of the employee from date of arrival at overseas post to begin assignment to date of departure from post at the end of assignment. ORI is to be paid as a single payment at the end of the employee tour of duty overseas. The contractor shall take all reasonable and prudent steps to ensure that ORI is not paid to any employee who has received the IRS section 911 exemption. (b ) In the event that an employee subsequently receives a section 911 exclusion for any part of the base salary upon which this supplement has been paid, such supplement or 70

71 appropriate portion thereof shall be reimbursed by the contractor to USAID with inter est. The interest shall be calculated at the average U.S. Treasury rate in effect for the period that the contractor or his employee had the funds. Neither the contractor's nor the be used as a subcontractor's inability to collect refunds from eligible employees shall basis to excuse subsequent refunds by the contractor to USAID. [57 FR 5236, Feb. 13, 1992] - 71 Salary supplements for Host Government employees. 731.205 (a) Definitions. (1) A Host Government (HG) employee is a person paid by the HG, occupyin - time or full - time, g an established position, either temporary or permanent, part within a HG institution. (2) An HG institution is an organization in which the government owns at least a fifty percent share or receives at least fifty percent of its financ ial support from the government. (b) General. Salary supplement occurs when payments are made that augment an HG employee's base salary or premiums, overtime, extra payments, incentive payment and allowances for which the HG employee would qualify under HG rules or practices 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 lary supplements subject to the of normal working hours are not considered to be sa provisions in USAID policy referenced in paragraph (c) of this section. (c) Salary supplements are eligible for USAID financing only when authorized in April 15, accordance with USAID policy established in the cable State 119780 dated 1988 in ADS Chapter 302. If salary supplements have been authorized in a particular case, the contracting officer shall provide written approval to the contractor in order for such costs to be eligible. Any specific requirements or limitations s hall be specified in the approval. (d) Contracting officers shall insert the Clause at 752.231 - 71 in all contracts in which there is a possibility of the need of HG employees. It should also be inserted in all subsequent subcontracts. [64 FR 16649, Apr. 6, 1999, as amended at 79 FR 74988, 74995, Dec. 16, 2014] Subpart 731.3 — Contracts With Educational Institutions 731.370 Predetermined fixed rates for indirect costs. Section 635(k) of the Foreign Assistance Act of 1961, as amended, authorizes USAID to use predetermined fixed rates in determining the indirect costs applicable under contracts with educational institutions. 71

72 731.371 Compensation for personal services. General. (a) When establishing the workweek for employees overseas the contractor will take local and USAID Mission practice into account and will ensure that the workweek is compatible with that of those USAID Mission and Cooperating Country employees with whom the contractor will be working. (b) Salaries and wages. (1) The policies set forth in (48 CFR) AIDAR 731.205 - 6(b) are also applicable to contracts with a nonprofit organization. (2) In considering consulting income as a factor when determining allowable salary for service under a contract: (i) For faculty members working under annual appo intments, salary for service under the contract may include the employee's on - campus salary plus “consulting income” (that is, income from employment other than the employee's regular on - campus appointment, excluding business or other activities not connec ted with the employee's profession) earned during the year preceding employment under the contract. (ii) For faculty members working under academic year appointments, salary for service under the contract may include the employee's on - salary plus campus academic year “consulting income” as defined above earned during the year proceeding employment under the contract, or salary for service under the contract may be derived by annualizing the academic year salary (in which case “consulting income” may not be included). (3) USAID policies and compensation of third country national or cooperating country national employees are set forth in (48 CFR) AIDAR 722.170. [57 FR 5236, Feb. 13, 1992, as amended at 60 FR 11913, Mar. 3, 1995; 62 FR 40469, July 29, 1997; 64 FR 5008, Feb. 2, 1999; 72 FR 19669, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 731.372 Fringe benefits. USAID's policies on certain fringe benefits related to overseas service, including but not tc. are set forth in the limited to leave, holidays, differentials and allowances, e appropriate contract clauses in (48 CFR) AIDAR 752.70. [57 FR 5236, Feb. 13, 1992, as amended at 79 FR 74988, Dec. 16, 2014] 731.373 Overseas recruitment incentive. USAID's policies regarding overseas recruitment incentives are s et forth in (48 CFR) AIDAR 731.205 - 70. These policies are also applicable to contracts with an educational institution. 72

73 [57 FR 5236, Feb. 13, 1992, as amended at 79 FR 74988, Dec. 16, 2014] — Subpart 731.7 Contracts With Nonprofit Organizations OMB Circular A - 731.770 122, cost principles for nonprofit organizations; USAID implementation. (a) Paragraph 6 of the transmittal letter for OMB Circular A - 122 specifies that “Agencies shall designate a liaison official to serve as the agency representative on matter s relating to the implementation of this Circular.” The Director, Bureau for Management, Office of Acquisition and Assistance, has been so designated. The Bureau for Management, Office of Acquisition and Assistance, Cost Audit Support Division, Overhead an d Special Cost and Contract Close - Out Branch (M/OAA/CAS/OCC) provides staff assistance to the Director concerning OMB Circular A - 122. M/OAA/CAS/OCC is also responsible for obtaining cognizance under the criteria in the transmittal letter for OMB Circular A - 122; for liaison with other cognizant agencies; for authorizing exclusion of OMB Circular A - 122 coverage for a particular nonprofit organization pursuant to paragraph 5 of the OMB Circular A - 122 transmittal letter; and - for advice and assistance in applyin g OMB Circular A 122 cost principles. (b) Paragraph 4b of the OMB Circular A - 122 transmittal letter contains a definition of prior approval as follows: Prior approval means securing the awarding agency's permission in advance to incur that are designated as requiring prior approval by OMB Circular A - costs for those items 122. Generally, this permission will be in writing. Where an item of cost requiring prior approval is specified in the budget of an award, approval of the budget constitute approval of that cost. Consequently, an award containing a budget constitutes prior approval of the direct cost item in the budget, unless otherwise annotated. Accordingly, award budgets should be appropriately annotated substantially as follows: Inclusion of any cost in the line item budget of this award does not obviate the requirement for prior approval of cost items designated as requiring prior approval by OMB Circular A - 122 ; or In accordance with the requirements to OMB Circular No. A - 122, approval is granted to inc ur costs for (name specific item or items) which are included in the budget of this award. [49 FR 13250, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 51 FR 20651, June 6, 1986; 56 FR 67225, Dec. 30, 1991; 72 FR 19670, Apr. 19, 2007; 79 FR 74995, Dec. 16, 2014] Bid and proposal costs. 731.771 73

74 Pending the establishment of Government - wide principles in Attachment B of OMB - Circular A 122, USAID will treat bid and proposal costs as follows: (a) Bid and proposal costs are the costs of preparing bids, proposals, and applications - Government grants, contracts and for potential activities such as Government and non other agreements, including the development of scientific, cost, and other data needed to support such bids, proposals, and applications. Exce pt as provided in (b) below, bid and proposal costs of the current accounting period of both successful and unsuccessful bids and proposals normally should be treated as indirect costs for allocation to all current activities, and no bid and proposal costs of past accounting periods will be allocable to the current period. However, if the organization's established practice is to treat bid and proposal costs by some other method, the results obtained ble. may be accepted only if found to be reasonable and equita (b) Bid and proposal costs incurred by the organization to obtain unrestricted funds are to be treated as fund raising and allocated an appropriate share of indirect costs under the conditions described in paragraph B.3 of Attachment A to OMB Circular A - 122. 731.772 Compensation for personal services. The policies set for in (48 CFR) AIDAR 731.205 - 6 are also applicable to contracts with a nonprofit organization. [57 FR 5236, Feb. 13, 1992, as amended at 79 FR 74988, Dec. 16, 2014] 731.773 nt research and development costs. Independe - Pending establishment of Government wide principles in Attachment B of OMB Circular - 122, USAID will apply the cost principles at (48 CFR) FAR 31.205 - A 18 for independent research and development costs. [49 FR 13250, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 731.774 Overseas recruitment incentive. USAID's policies regarding overseas recruitment incentives are set forth in (48 CFR) - 70. These policies are also applicable to contracts with a nonpr ofit AIDAR 731.205 organization. [57 FR 5236, Feb. 13, 1992, as amended at 79 FR 74988, Dec. 16, 2014] PART 732 – CONTRACT FINANCING Subpart 732.4 — Advance Payments for Non - Commercial Items Source: 56 FR 67225, Dec. 30, 1991, unless otherwise noted. 74

75 732.401 uthority. Statutory a (a) Sections 635 (b) of the Foreign Assistance Act and Executive Order 11223, May 12, 1965, 30 FR 6635, permit the making of advance payments with respect to functions der authorized by the Foreign Assistance Act. Advance payments may also be made un section 305 of the Federal Property and Administrative Services Act of 1949, which provides authority, not otherwise available to USAID, to take a paramount lien. (b) The Act of August 28, 1968, Public Law 85 804 does not apply to USAID. - [56 FR 67225, Dec. 30, 1991, as amended at 62 FR 40469, July 29, 1997] 732.402 General. (a) (d) [Reserved] - (e)(1) U.S. Dollar advances to for - profit organizations for any award, including advances for disbursement to grantees, must be processed and approved in accorda nce with ADS Chapter 636. (2) All local currency advances to for - profit organizations for any award require the approval of the head of the contracting activity, with concurrence of the Mission Controller. [79 FR 74995, Dec. 16, 2014] ty. 732.403 Applicabili References to nonprofit contracts with nonprofit educational or research institutions for experimental, research and development work include nonprofit contracts with nonprofit her country or institutions for: (a) technical assistance services provided to or for anot countries, and (b) projects which concern studies, demonstrations and similar activities related to economic growth or the solution of social problems of developing countries. 732.406 - 70 Agency - issued letters of credit. This subsection pro vides guidance on use of USAID issued letters of credit (LOC) for advance payments. 732.406 - 71 Applicability for use of a Letter of Credit (LOC). An LOC must be used when: (a) The contracting officer has determined that an advance payment is necessary an d appropriate in accordance with this subpart and the requirements found in (48 CFR) FAR 32.4; 75

76 (b) USAID has, or expects to have, a continuing relationship of at least one year with the organization, and the annual amount required for advance financing wil l be at least $50,000; and (c) The advance payment is approved in accordance with (48 CFR) AIDAR 732.402(e). Additionally, the advance payments made by LOC under for fee or profit contracts, must be approved by the Procurement Executive. [79 FR 74995, Dec. 16, 2014] 732.406 - 72 Establishing an LOC. (a) While the contract will provide for the use of an LOC when it is applicable under - 71, the LOC is a separate agreement between the contractor and USAID. The 732.406 terms and conditions of the LOC are contain ed in the LOC instructions issued by USAID and the general operating requirements are those imposed by the USAID LOC servicing agent. LOCs for both USAID/Washington and Mission - executed awards are established by the Bureau for Management, Office of the Chi ef Financial Officer, Cash Management and Payment Division (M/CFO/CMP) through the Agency LOC servicing agent. (b) To establish a new LOC account, the contractor must submit to USAID the - documentation specified in (48 CFR) AIDAR Clause 752.232 70(b). [79 F R 74995, Dec. 16, 2014] - LOC contract clause. 732.406 73 (a) If payment is to be provided by LOC, the contract must contain the clause in 752.232 70. - (b) Contracting officers must ensure that an appropriate (48 CFR) FAR payment clause is also inserted in the contract, in the event that the LOC is revoked pursuant to 732.406 - 74. [79 FR 74995, Dec. 16, 2014] 732.406 - 74 Revocation of the LOC. If during the term of the contract M/CFO/CMP believes that the LOC should be revoked, M/CFO/CMP may, after consultat ion with the cognizant contracting officer(s) and GC, revoke the LOC by written notification to the contractor. A copy of any such revocation notice will immediately be provided to the cognizant contracting officer(s). [79 FR 74995, Dec. 16, 2014] 76

77 PART 733 PROTESTS, DISPUTES AND APPEALS – — Subpart 733.1 Protests Source: 61 FR 39094, July 26, 1996, unless otherwise noted. Definitions. 733.101 (a) All “days” referred to in this subpart are deemed to be “calendar days”, in accordance with (48 CFR) FAR 33.101. In the case of USAID overseas offices with non - Saturday/Sunday weekend schedules, the official post weekend applies in lieu of Saturday and Sunday. (b) All other terms defined in (48 CFR) FAR 33.101 are used herein with the same meaning. [61 FR 39094, Jul y 26, 1996, as amended at 64 FR 42042, Aug. 3, 1999; 79 FR 74988, Dec. 16, 2014] 733.103 - 70 Protests to the agency. USAID follows the agency protest procedures in (48 CFR) FAR 33.103, as supplemented by this section. [61 FR 39094, July 26, 1996, as amend ed at 79 FR 74988, Dec. 16, 2014] - Filing of protest. 733.103 71 (a) Protests must be in writing and addressed to the contracting officer for consideration by the M/OAA Director. (b) A protest shall include, in addition to the information required in (48 CFR) FAR 33.103(d)(2), the name of the issuing Mission or office. (c) Material submitted by a protester will not be withheld from any interested party outside the Government or from any Government agency if the M/OAA Director decides to release such materi al, except to the extent that the withholding of such information is permitted or required by law or regulation. [61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1, 1996, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 733.103 - 72 Responsibilities. (a) M/OAA Director. The decision regarding an agency protest shall be made by the M/OAA Director within 30 days from the date a proper protest is filed unless the M/OAA cessary to resolve the protest, and so Director determines that a longer period is ne 77

78 notifies the protester in writing. The M/OAA Director shall make his or her decision after personally reviewing and considering all aspects of the case as presented in the protest ded by the contracting officer, and after obtaining itself and in any documentation provi input and clearance from the Office of the General Counsel's Division for Litigation and Enforcement (GC/LE). The decision shall be in writing and constitutes the final decision of the Agency. Contrac ting officer. (b) The contracting officer is responsible for requesting an extension of the time for acceptance of offers as described in (48 CFR) FAR 33.103(f)(2). [61 FR 39094, July 26, 1996; 61 FR 51235, Oct. 1, 1996, as amended at 64 FR 42040, Aug. 3, 1999 ; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 74996, Dec. 16, 2014] 733.103 - 73 Protests excluded from Agency consideration. (a) Disputes between a contractor and USAID are resolved Contract administration. pursuant to the disputes clause of the contract and the Contract Disputes Act of 1978. (b) Small business size standards and standard industrial classification. Challenges of established size standards or the size status of particular firms, and challenges of the selected standard industrial classification are for review solely by the Small Business Administration. (c) Procurement under Section 8(a) of the Small Business Act. Contracts are let under Section 8(a) of the Small Business Act to the Small Business Administration solely at the discretion of the c ontracting officer, and are not subject to review. Protests filed in the Government Accountability Office (GAO). Protests filed with the (d) GAO will not be reviewed. Procurements funded by USAID to which USAID is not a party. (e) No protest of a procureme nt funded by USAID shall be reviewed unless USAID is a party to the acquisition agreement. (f) Subcontractor protests. Subcontractor protests will not be considered. (g) Protests will not be considered when the matter involved is the Judicial proceedings. subject of litigation before a court of competent jurisdiction or when the matter involved has been decided on the merits by a court of competent jurisdiction. (h) Determinations of responsibility by the contracting officer. A determination by the contract ing officer that a bidder or offeror is or is not capable of performing a contract will not be reviewed by the M/OAA Director. (i) Small Business Certificate of Competency Program. Any referral made to the Small 8(b)(7) of the Small Business Act, or any Business Administration pursuant to section 78

79 issuance of, or refusal to issue, a certificate of competency under that section will not be reviewed by the M/OAA Director. [61 FR 39094, July 26, 1996, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 1 9, 2007; 79 FR 74988, 74996, Dec. 16, 2014] — USAID Procedures for Disputes and Appeals Subpart 733.27 Designation of Civilian Board of Contract Appeals (CBCA) to hear and 733.270 determine appeals under USAID contracts. (a) The Civilian Board of Contract Appeals (CBCA) was established by section 847 of the National Defense Authorization Act for Fiscal Year 2006 to hear and decide contract disputes between Government contractors and executive civilian agencies under the ct of 1978, 41 U.S.C. 7101 - 7109, and regulations provisions of the Contract Disputes A and rules issued under that statute. The CBCA is USAID's board for hearing and deciding appeals to contracting officer decisions. (b) USAID must follow CBCA Rules of Procedure (see www.cbca.gsa.gov ). (c) The Office of the General Counsel's Division of Litigation and Enforcement (GC/LE) will assure representation of the interests of the Government in proceedings before the CBCA. (d) All officers and employees of USAID must cooperate with the CBCA and GC/LE in the processing of appeals so as to assure their speedy and just determination. [79 FR 74996, Dec. 16, 2014] – SPECIAL CATEGORIES OF CONTRACTING SUBCHAPTER F — MAJOR SYSTEM ACQUISITION PART 734 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. 734.002 - 70 USAID policy. In order for an USAID acquisition to be considered a major system acquisition it must meet the criteria of OMB Circular A - 109 and FAR part 34, and must have an estimated value of $15 million or more during the first year of the contract. All major systems acquisition must be approved in advance by the M/OAA Director. 79

80 [55 FR 39976, Oct. 1, 1990, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 1967 0, Apr. 19, 2007] - CONSTRUCTION AND ARCHITECT - ENGINEER CONTRACTS PART 736 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 13254, Apr. 3, 1984, unless otherwise noted. Subpart 736.5 — Contract Clauses 736.570 Disability standards in construction contracts. Contracting officers must insert the clause at 752.236 - 70, Standards for Accessibility for the Disabled in USAID Construction Contracts, in al l solicitations and contracts for construction or renovations made using program funds. [79 FR 74996, Dec. 16, 2014] Subpart 736.6 — Architect - Engineer Services 736.602 - 2 Evaluation boards. (a) - (b) [Reserved] entative of the contracting officer and, as (c) Each evaluation board will include a repres appropriate, the cognizant bureau. [54 FR 46391, Nov. 3, 1989, as amended at 79 FR 74988, Dec. 16, 2014] 736.602 3 Evaluation board functions. - Agency architect - engineer evaluation boards shall perform the follo wing functions: (a) Prepare a selection memorandum recommending no less than three firms which are considered most highly qualified to perform the required services for submission to the head of the contracting activity for his/her approval. This selection memorandum shall include the information specified in 736.602 - 3(c). (b) In evaluating architect - engineer firms, the architect - engineer evaluation board shall apply the following criteria, other criteria established by Agency regulations, and any criteria set forth in the public notice on a particular contract: (1) Specialized experience of the firm (including each member of joint venture or association) with the type of service required; 80

81 (2) Capacity of the firm to perform the work (including any specializ ed services) within the time limitations; (3) Past record of performance on contracts with USAID or other Government agencies and private industry with respect to such factors as control of costs, quality of work, and nt such information is available; ability to meet schedules, to the exte (4) Ability to assign an adequate number of qualified key personnel from the organization, including a competent supervising representative having considerable experience in responsible positions on work of a similar natur e; (5) The portions of the work the architect - engineer is able to perform with its own forces when required; (6) Ability of the architect - engineer to furnish or to obtain required materials and equipment; (7) If the geographical or topographical aspects of the project are deemed vital, familiarity with the locality where the project is situated; (8) Financial capacity; (9) Responsibility of the architect - engineer under standards provided in (48 CFR) FAR subpart 9.1. No contract may be awarded to a contracto r that does not meet these standards; (10) Volume of work previously awarded to the firm by the Agency, with the object of effecting an equitable distribution of architect - engineer contracts among qualified firms. Each architect engineer evaluation board s hall give favorable consideration, to the - fullest extent practicable to the most highly qualified firms that have not had prior experience on Government projects (including small business firms and firms owned by the socially and/or economically deprived). (c) The evaluation board shall prepare a selection memorandum for the approval of the head of the contracting activity. The selection memorandum will be signed by the board chairman and cleared by each board member. The selection memorandum shall include the following information: (1) A listing by name of all firms reviewed by the board; (2) A listing of the evaluation criteria applied; (3) An analysis of the selection showing the rationale for the board's recommendation; (4) The board's recommendation of the three most highly qualified firms, in order of preference; 81

82 (5) An independent Government cost estimate. The evaluation board shall require the project engineer to develop an independent Government estimate of the cost of the - services. Consideration shall be given to the estimated required architect engineer value of the services to be rendered, the scope, complexity, and the nature of the project and the estimated costs expected to be generated by the work. The independent evised as required during negotiations to correct noted Government estimate shall be r deficiencies and reflect changes in or clarification of, the scope of the work to be performed by the architect - engineer. A cost estimate based on the application of percentage factors to cost estimat es of the various segments of the work involved, e.g., construction project, may be developed for comparison purposes, but such a cost estimate shall not be used as a substitute for the independent Government estimate. [49 FR 13254, Apr. 3, 1984, as amende d at 79 FR 74988, Dec. 16, 2014] 736.602 - 4 Selection authority. (a) The head of the contracting activity or his/her authorized designee shall review the selection memorandum and shall either approve it or return it to the board for reconsideration for sp ecified reasons. (b) Approval of the selection memorandum by the head of the contracting activity or his/her authorized designee shall serve as authorization for the contracting office to commence negotiation. 736.602 - Short selection process for procur ements not to exceed the simplified 5 acquisition threshold. References to (48 CFR) FAR 36.602 - 3 and 36.602 - 4 contained in (48 CFR) FAR 36.602 - 5 shall be construed as references to 736.602 - 3 and 736.602 - 4 of this subpart. [49 FR 13254, Apr. 3, 1984, as amend ed at 61 FR 39095, July 26, 1996; 79 FR 74988, Dec. 16, 2014] 736.603 [Reserved] 736.605 Government cost estimate for architect - engineer work. 3(c)(5). See 736.602 - 82

83 PART 737 - RESERVED – CONTRACT MANAGEMENT SUBCHAPTER G – PART 742 N CONTRACT ADMINISTRATIO Subpart 742.7 — Indirect Cost Rates 742.770 Negotiated indirect cost rate agreement. Except for educational institutions having a cognizant agency (as defined in OMB - 88, 44 FR 70094, 12/5/79) other than USAID, USAID may establish Circular A negotiated ov erhead rates in a Negotiated Indirect Cost Rate Agreement, executed by both parties. The Negotiated Indirect Cost Rate Agreement is automatically incorporated in each contract between the parties and shall specify: (a) The final rate(s), (b) the base(s) to which the rate(s) apply, (c) the period(s) for which the rate(s) apply, (d) the items treated as direct costs, and (e) the contract(s) to which the rate(s) apply. The Negotiated Indirect Cost Rate Agreement shall not change any monetary ceiling, obligatio n, or specific cost allowance or disallowance provided for in each contract between the parties. [49 FR 13256, Apr. 3, 1984; 53 FR 50631, Dec. 16, 1988] Subpart 742.11 — Production, Surveillance, and Reporting rwise noted. Source: 72 FR 53163, Sept. 18, 2007, unless othe 742.1170 Performance monitoring and progress reporting. - 742.1170 General. 1 Performance monitoring is a function of contract administration used to determine contractor progress towards achieving the goals and objectives of the contract an d to identify any factors that may delay or prevent the accomplishment of those goals and objectives. Performance monitoring requires USAID personnel, particularly the contracting officer's representative, to maintain adequate knowledge of the contractor's activities and progress in order to ensure that USAID's objectives, as stated in the contract's Statement of Work, will be achieved. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74988, Dec. 16, 2014] 742.1170 - 2 Applicability. (a) This section appli es to USAID non - personal, professional/technical services contracts exceeding the simplified acquisition threshold, but may be applied to other USAID contracts, if the contracting officer and requiring office determine that doing so is in the best interest s of the Agency. The contracting officer must ensure that this 83

84 determination is documented in the contract file. This section does not apply to personal services contracts. (b) The underlying principles of (48 CFR) FAR subpart 42.11 apply to USAID contract s and are inherent to this section. However, not all of the specific requirements and terminology in (48 CFR) FAR subpart 42.11 are compatible with the types of technical assistance contracts usually awarded by USAID. Therefore, this section 742.1170 es when the requirements of (48 CFR) FAR subpart 42.11 do not meet USAID appli requirements or are otherwise not appropriate. (c) The progress reports discussed in this section are separate from the performance CFR) FAR subpart 42.15 and evaluation reports prepared in accordance with (48 internal Agency procedures, although they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance. Furthermore, the policies, procedures, and limitations of this section do not apply to technical reports, studies, papers, etc., the acquisition of which may be part of or even the sole purpose of the contract. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74996, Dec. 16, 2014] 742.1170 - 3 Policy. (a) The contractor is resp onsible for timely contract performance. Performance monitoring by USAID does not obviate this responsibility. (b) The requiring office, particularly the contracting officer's representative and the contracting officer, will determine how to monitor the co ntractor's performance to protect the Government's interests, by considering: (1) The contract requirements for reporting progress; (2) The contract performance schedule; (3) The contractor's implementation plan or workplan; (4) The contractor's history of contract performance; (5) The contractor's experience with the services or supplies being provided under the contract; (6) The contractor's financial capability; (7) Any other factors the requiring office, particularly the contracting officer's representa tive and the contracting officer, considers appropriate and necessary to day working - adequately monitor contractor performance (for example, the day - to 84

85 proximity of the contracting officer's representative or contracting officer to the contractor's place o f performance). (c) In monitoring contractor performance, the requiring office (particularly the contracting officer's representative and contracting officer) must utilize any of the contractor's ded that doing so is not existing systems or processes for monitoring progress, provi contrary to the terms of the contract. The requiring officer or contracting officer's representative must not require anything from the contractor that is outside the scope or terms of the contract or may result in claims of waiver s, of changes, or of other contract modifications. Further, progress reports shall not require information already available from other sources. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74988, Dec. 16, 2014] 742.1170 - 4 Progress reporting require ments and contract clause. (a) When the requiring office needs information on contract performance status on a regular basis, the contracting officer may require the contractor to submit periodic progress reports, tailored to address specific contract requ irements but limited to only that information essential to USAID's needs in monitoring the contractor's progress. (b) Because the contracting officer's representative is the individual most familiar with the contractor's performance, the contractor must su bmit the progress reports directly to the cognizant technical officer. The contracting officer's representative must review the reports and advise the contracting officer, in writing, of any recommended action, including any action needed to address potent ial or actual delays in performance. The contracting officer's representative must so advise the contracting officer in sufficient time, typically thirty days, for him or her to take any action that the contracting officer quirements of this paragraph do not relieve the determines is appropriate. The re contractor of notification requirements identified elsewhere in the contract. - (c) The contracting officer must insert the clause at 752.242 70, Periodic Progress Reports, in solicitations and contracts that r equire progress reporting, as specified in this section. The contracting officer must include specific reporting instructions in the Schedule. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74988, Dec. 16, 2014] Subpart 742.15 Contractor Performance Inf ormation — Source: 65 FR 36642, June 9, 2000, unless otherwise noted. 742.1501 [Reserved] 742.1502 Policy. (a) [Reserved] 85

86 (b) Performance for personal services contracts awarded under (48 CFR) AIDAR appendices D and J shall not be evaluated under the con tractor performance reporting procedures prescribed in (48 CFR) FAR subpart 42.15. [65 FR 36642, June 9, 2000; 65 FR 39470, June 26, 2000, as amended at 79 FR 74988, 74996, Dec. 16, 2014] 742.1503 Procedures. (a) [Reserved] (b) Personal services contract ors shall be recognized as Government personnel for the purposes of the restriction on access to contractor performance information in (48 CFR) FAR 42.1503. [72 FR 53163, Sept. 18, 2007, as amended at 79 FR 74996, Dec. 16, 2014] PART 744 – SUBCONTRACTING P OLICIES AND PROCEDURES Subpart 744.2 — Consent to Subcontracts 744.202 - 170 Partner vetting. If an acquisition is identified as subject to partner vetting, see (48 CFR) AIDAR 704.70 for the applicable procedures and requirements. – GOVERNMENT PROPE PART 745 RTY Subpart 745.1 — General 745.107 Contract clauses. (a) The contracting officer must insert the clause at (48 CFR) AIDAR 752.245 71 in all - contracts under which the contractor will acquire property for use overseas and the contract funds were obligated u nder a Development Objective Agreement (DOAG) (or similar bilateral obligating agreement) with the cooperating country. (b) The contracting officer must insert the applicable clause as required in (48 CFR) FAR 45.107 and (48 CFR) AIDAR 752.245 - 70 in all co ntracts under which the contractor will acquire property with funds not already obligated under a DOAG (or similar bilateral obligating agreement) with the cooperating country. [79 FR 74996, Dec. 16, 2014] 86

87 PART 747 – TRANSPORTATION Ocean Tran - Flag Vessels — sportation by U.S. Subpart 747.5 747.507 Contract clauses. - 70 in solicitations and contracts Contracting officer must insert the clause at 752.247 solely for ocean transportation services, and in solicitations and contracts for goods and ion services when the ocean transportation will be fixed at the time the ocean transportat - 64 as contract is awarded. Contracting officer must use (48 CFR) FAR 52.247 prescribed in (48 CFR) FAR 47.507(a) in other situations. [64 FR 5008, Feb. 2, 1999, as amended at 79 FR 74 996, Dec. 16, 2014] – TERMINATION OF CONTRACTS PART 749 — General Principles Subpart 749.1 749.100 Scope of subpart. The Foreign Aid and Related Agencies Appropriation Act, 1963, and subsequent appropriation Acts, have imposed the following requirement: ne of the funds appropriated or made available pursuant to this Act for carrying out No the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after th e date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. See, for example, section 110 of the Foreign Assistance and Related Agencies Appropriation Act, 1965. 749.111 Review of proposed settlements. 749.111 70 Termination settlement review boards. - (a) The USAID Settlement Review Board shall be composed of the following members or their delegates (except as provided under 749.111 - 71(b)): (1) M/OAA Director; ( 2) Controller; (3) General Counsel. (b) The M/OAA Director or his/her delegate shall be designated as chairman of the board. Delegate members of the board shall have broad business and contracting 87

88 experience and shall be senior USAID officials. Each member or his/her delegate must be in attendance in order to conduct business, and the board shall act by majority vote. No individual shall serve as a member of a board for the review of a proposed pproved or settlement if he/she has theretofore reviewed, approved or disa recommended approval, disapproval or other action with respect to any substantive element of such settlement proposal. (c) The chairman shall appoint a nonvoting recorder who shall be responsible for proceedings at meetings, maintaining a receiving cases, scheduling and recording the log of all cases received by him/her for the board, and other duties as assigned by the board. [49 FR 13256, Apr. 3, 1984, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] 749.111 71 Required re view and approval. - (a) When required. The USAID Settlement Review Board shall receive and approve all USAID/W and Mission proposed settlements or determinations if: (1) The amount of settlement, by agreement or determination, involves $100,000 or more; (2) The settlement or determination is limited to adjustment of the fee of a cost - reimbursement contract or subcontract and: (i) In the case of complete termination, the fee, as adjusted, with respect to the terminated portion of the contract or subcontract i s $100,000 or more; or (ii) in the case of a partial termination, the fee, as adjusted, with respect to the terminated portion of the contract or subcontract is $100,000 or more; (3) The head of the contracting activity concerned determines that a review o f a specific case or class of cases is desirable; or (4) The contracting officer, in his/her discretion, desires review by the board. (b) Level of review. Proposed settlements in excess of $5 million shall be reviewed and approved by a board consisting of the M/OAA Director, the General Counsel, and the Controller, without power of redelegation. (c) Submission of information. The contracting officer shall submit to the board a statement of the proposed settlement agreement or determination, supported by suc h detailed information as is required for an adequate review. This information should normally include copies of: (1) The contractor's or subcontractor's settlement proposal, (2) the audit report, (3) the property disposal report and any required approvals in connection therewith, and (4) the contracting officer's memorandum explaining the settlement. The board may, in its discretion, require the submission of additional information. 88

89 [49 FR 13256, Apr. 3, 1984, as amended at 57 FR 5236, Feb. 13, 1992; 59 FR 33446, June 29, 1994; 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] – EXTRAORDINARY CONTRACTUAL ACTIONS PART 750 750.000 Scope of part. USAID is not among the agencies named in the Act or authorized by the President to take actions under it; ho wever, see Subpart 750.71 — Extraordinary Contractual Actions to Protect Foreign Policy Interests of the United States. Subpart 750.70 [Reserved] Subpart 750.71 — Extraordinary Contractual Actions t o Protect Foreign Policy Interests of the United States 750.71 00 Scope of subpart. This subpart sets forth the standards and the procedures for disposition of requests for extraordinary contractual actions under Executive Order 11223. 750.7101 Authority. Under section 633 of the Foreign Assistance Act of 1961, 75 Stat. 454 (22 U.S.C. 2933), as amended; Executive Order 11223, dated May 12, 1965 (30 FR 6635), as amended; and Executive Order 12163, dated September 29, 1979 (44 FR 56673), as as been amended, the Administrator of the U.S. Agency for International Development h granted authority to provide extraordinary contractual relief. The Authority is set forth in sections 3 and 4 of Executive Order 11223, as follows: - type contracts heretofore or hereafter made with non - Section 3. With respect to cost profit institut ions under which no fee is charged or paid, amendments or modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, or circumstances of the making, or of the form of the contract irrespective of the time amended or modified, or of the amending or modifying contract and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof. Section 4. With r espect to contracts heretofore or hereafter made, other than those described in section 3 of this order, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any origi nal contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued r the amendments or modifications thereof, if the Secretary of State under the contract o or the Director of the United States International Development Cooperation Agency 89

90 (with respect to functions vested in or delegated to Director) determines in each case that such action i s necessary to protect the foreign policy interests of the United States. [49 FR 49472, Dec. 20, 1984, as amended at 62 FR 40469, July 29, 1997; 64 FR 42042, Aug. 3, 1999] General policy. 750.7102 - contractual claims arising from foreign assistance contracts will be processed in Extra accordance with this subpart, which is similar to that utilized to process claims for extraordinary relief under (48 CFR) FAR part 50, as modified to meet the circumstances involved under the Foreign Assistance Act and the di fferent authority involved. [49 FR 13257, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 750.7103 Definitions. (a) The term approving authority as used in this subpart means an officer or official having been delegated authority to approve actio ns under the Executive Order. This authority is distinguished from authority to take appropriate contractual action pursuant to such approval. the Executive Order (b) The term shall mean Executive Order 11223 (30 FR 6635) as amended, unless otherwise state d. the Act shall mean the Foreign Assistance Act of 1961, as amended. (c) The term [49 FR 13257, Apr. 3, 1984, as amended at 49 FR 49472, Dec. 20, 1984] Types of actions. 750.7104 Three types of actions may be taken by or pursuant to the direction of an approving authority under the Executive Order. These are contractual adjustments such as amendments without consideration, correction of mistakes, and formalization of informal commitments. 750.7105 Approving authorities. All authority to approve actions under this subpart has been delegated to the M/OAA Director. [50 FR 16086, Apr. 24, 1985, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] Standards for deciding cases. 750.7106 90

91 750.7106 - General. 1 nder a Government contract is not, by itself, a The mere fact that losses occur u sufficient basis for the exercise of the authority conferred by the Executive Order. Whether, in a particular case, appropriate action such as amendment without uity in a contract, or formalization of an consideration, correction of a mistake or ambig informal commitment, will protect the foreign policy interests of the United States is a matter of sound judgment to be made on the basis of all of the facts of such case. Although it is obviously impossible to pr edict or enumerate all the types of cases with respect to which action may be appropriate, examples of certain cases or types of cases where action may be proper are set forth in sections 750.7106 - 2 through 750.7106 4. Even if all of the factors contained in any of the examples are present, - other factors or considerations in a particular case may warrant denial of the request. These examples are not intended to exclude other cases where the approving authority determines that the circumstances warrant actio n. 750.7106 - 2 Amendments without consideration. (a) Where an actual or threatened loss under a foreign assistance contract, however caused, will impair the productive ability of a contractor whose continued performance of any foreign assistance contract or whose continued operation as a source of supply is found to be essential to protect the foreign policy interests of the United States, the contract may be adjusted but only to the extent necessary to avoid such impairment to ability. the contractor's productive (b) Where a contractor suffers a loss (not merely a diminution of anticipated profits) on a foreign assistance contract as a result of Government action, the character of the Government action will generally determine whether any adjustment in the contract will be made and its extent. Where the Government action is directed primarily at the contractor and is taken by the Government in its capacity as the other contracting party, the contract may be adjusted if fairness so requires; thus where such Government action, although not creating any liability on its part, increases the cost of performance, considerations of fairness may make appropriate some adjustment in the contract. 750.7106 3 Mistakes. - A contract may be amended or modified to correct or mitigate the effect of a mistake, including the following examples: (a) A mistake or ambiguity which consists of the failure to express or to express clearly in the written contract the agreements as both parties understood them; (b) A mistake on the pa rt of the contractor which is so obvious that it was or should have been apparent to the contracting officer; and (c) A mutual mistake as to a material fact. 91

92 Amending contracts to correct mistakes with the least possible delay normally will protect the for eign policy interests of the United States by expediting the procurement program and by giving contractors proper assurance that such mistakes will be corrected expeditiously and fairly. - 4 750.7106 Informal commitments. Informal commitments may be formal ized under certain circumstances to permit payment to persons who have taken action without a formal contract; for example, where any person, pursuant to written or oral instructions from an officer or official of the Agency and relying in good faith upon the apparent authority of the officer or official to issue such instructions, has arranged to furnish or has furnished property or services to the agency and/or to a foreign assistance contractor or subcontractor without formal contractual coverage for suc h property or services. Formalization of commitments under such circumstances normally will protect the foreign policy interests of the United States by assuring persons that they will be treated fairly and paid expeditiously. 750.7107 Limitations upon e xercise of authority. (a) The Executive Order is not authority for: - (1) The use of the cost - plus a - percentage - of - cost system of contracting; (2) The making of any contract in violation of existing law relating to limitation on profit or fees; r of any bid, payment performance or other bond required by law. (3) The waive (b) No amendments, or modifications shall be entered into under the authority of the Executive Order: (1) Unless, with respect to cases falling within Section 4 of the Executive Order, a find ing is made that the action is necessary to protect the foreign policy interests of the United States; (2) Unless other legal authority in the Agency is deemed to be lacking or inadequate; (3) Except within the limits of the amounts appropriated and the st atutory contract authorization. (c) No contract shall be amended or modified unless the request therefor has been filed before all obligations (including final payment) under the contract have been discharged. unless: (d) No informal commitment shall be formalized 92

93 (1) A request for payment has been filed within six months after arranging to furnish or furnishing property or services in reliance upon the commitment; (2) USAID has received the services satisfactorily performed, or has accepted property furnis hed in reliance on the commitment; (3) The USAID employees alleged to have made the informal commitment have accepted responsibility for making the informal commitment in question; and (4) USAID has taken appropriate action to prevent recurrence. [49 FR 13 257, Apr. 3, 1984, as amended at 50 FR 16088, Apr. 24, 1985; 53 FR 4982, Feb. 19, 1988] 750.7108 Contractual requirements. Every contract amended or modified pursuant to this subpart shall contain: (a) A citation of the Act and Executive Order. (b) A bri ef statement of the circumstances justifying the action; (c) A recital of the finding, with respect to cases falling within Section 4 of the Executive Order, that the action is necessary to protect the foreign policy interests of the United States. 9 750.710 Submission of requests by contractors. 750.7109 - Filing requests. 1 Any person (hereinafter called the “contractor”) seeking an adjustment under standards set forth in 750.7106 may file a request in duplicate with the cognizant contracting officer or his/her duly authorized representative. If such filing is impracticable, requests will be deemed to be properly filed if filed with the Chief of the Bureau for Management, Office of Acquisition and Assistance, Evaluation Division (M/OAA/E) for forwarding t o the cognizant contracting officer. [49 FR 13257, Apr. 3, 1984, as amended at 50 FR 50303, Dec. 10, 1985; 55 FR 6802, Feb. 27, 1990; 56 FR 67225, Dec. 30, 1991; 59 FR 33446, June 29, 1994; 72 FR 19670, Apr. 19, 2007; 79 FR 74996, Dec. 16, 2014] 750.7109 - 2 Form of requests by contractors. The contractor's request shall normally consist of a letter to the contracting officer 3. providing the information specified in (48 CFR) FAR 50.103 - 93

94 [49 FR 13257, Apr. 3, 1984, as amended at 79 FR 74996, Dec. 16, 2014] - Facts and evidence. 50.7109 3 7 The contracting officer or the approving authority may, where considered appropriate, request the contractor to furnish the facts and evidence as described in (48 CFR) FAR 4. 50.103 - 62 FR 40469, July 29, 1997; 79 FR 74996, [49 FR 13257, Apr. 3, 1984, as amended at Dec. 16, 2014] Processing cases. 750.7110 - Investigation. 1 750.7110 The Bureau for Management, Office of Acquisition and Assistance, Evaluation Division prepared by the cognizant (M/OAA/E) shall be responsible for assuring that the case contracting officer makes a thorough investigation of all facts and issues relevant to each situation. Facts and evidence shall be obtained from contractor and Government personnel and shall include signed statements of material f acts within the knowledge of the individuals where documentary evidence is lacking and audits where considered necessary to establish financial or cost related facts. The investigation shall establish the facts essential to meet the standards for deciding the particular case and shall address the limitations upon exercise of the authority of the M/OAA Director to approve the request. [62 FR 40469, July 29, 1997, as amended at 64 FR 42042, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007; 79 FR 74997, Dec. 16, 2014] - 750.7110 Office of General Counsel coordination. 2 Prior to the submission of a case to the M/OAA Director recommending extraordinary contractual relief, the claim shall be fully developed by the cognizant contracting officer and concurrences or comment s shall be obtained from the Office of General Counsel for the proposed relief to be granted. Such concurrences or comments shall be incorporated in or accompany the action memorandum submitted for consideration to the M/OAA Director in accordance with 750 .7110 - 3. [62 FR 40469, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] 750.7110 - 3 Submission of cases to the M/OAA Director. Cases to be submitted for consideration by the M/OAA Director shall be prepared and forwarded by the cognizant contracting officer through M/OAA/E to the M/OAA Director by means of an action memorandum. M/OAA/E will review the action memorandum for 94

95 accuracy and completeness. The action memorandum shall provide for approval or disapproval by the M/ OAA Director of the disposition recommended by the contracting officer. The action memorandum shall address: (a) The nature of the case; (b) The basis for authority to act under section 750.7101; (c) The findings of fact essential to the case (see 750.7109 - 3) arranged chronologically with cross references to supporting enclosures; (d) The conclusions drawn from applying the standards for deciding cases, as set forth in 750.7106, to the findings of fact; (e) Compliance with the limitations upon exercise of a uthority, as set forth in section 750.7107 (for informal commitments, include statements addressing each of the limitations in paragraph (d) of 750.7107): (f) Concurrences or comments obtained from the Office of General Counsel; (g) Verification of funds a vailability and the contracting officer's determination of cost/price reasonableness when the disposition recommended requires payment to a contractor; (h) The disposition recommended and, if contractual action is recommended with respect to cases falling within Section 4 of the Executive Order, the opinion of the contracting officer that such action is necessary to protect the foreign policy interest of the United States; and (i) The action memorandum shall enclose all evidentiary materials, including the reports and comments of all cognizant Government or other officials, and a copy of the contractor's request. The action memorandum should provide the following information related to the contractor's request, as applicable: (1) Date of request; (2) Date re quest received by USAID: (3) Contract number; (4) Contractor's name and address; (5) Name, address, and phone number of contractor's representative; (6) Name, office symbol, and phone number of cognizant contracting officer; 95

96 (7) Amount of request. 0469, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, [62 FR 4 Apr. 19, 2007] - 4 Processing by M/OAA Director. 750.7110 When the action memorandum has been determined to be as accurate and complete as possible and has been prepared in accordan ce with this subpart, M/OAA/E will forward the action memorandum to the M/OAA Director. The M/OAA Director will sign and date the action memorandum indicating approval or disapproval of the disposition recommended by the contracting officer. [62 FR 40469, July 29, 1997, as amended at 64 FR 42040, Aug. 3, 1999; 72 FR 19670, Apr. 19, 2007] 750.7110 5 Contract files. - The fully executed action memorandum indicating approval/disapproval and a copy of the contractual document implementing any approved contractu al action shall be placed in the contract file. [62 FR 40469, July 29, 1997; 62 FR 47532, Sept. 9, 1997] 750.7110 - 6 Inter - agency coordination. (a) General. Where a case involves matters of interest to more than one department or agency, USAID should main tain liaison with other departments and agencies of the Government and take such joint action as may be proper under the circumstances, including holding joint meetings. (b) Cases involving funds of other departments or agencies. Requests for adjustment thin any category, involving the funds of another department or agency, shall not be wi approved by USAID until advice is requested and received from the department or agency whose funds are involved SUBCHAPTER H – CLAUSES AND FORMS PART 7 52 – SOLICITATIONS P ROVISIONS AND CONTRACT CLAUSES Subpart 75 .1 — Instructions for Using Provisions and Clauses 2 752.102 Incorporating provisions and clauses. (a) As authorized by FAR 52.102, FAR and AIDAR provisions and clauses should be incorporated by reference in solicita tions and contracts to the maximum practical extent, - ins or except as provided in paragraph (b) of this section. For provisions that require fill 96

97 input by the contracting officer, the paragraph that contains the fill - in information must y below the title of the provision or clause. be included directl (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 Agreeme nts July 1997. 752.232 70 Letter of Credit Advance Payment Mar 2015. - 752.245 - 70 Government property — USAID reporting requirements July 1997. Documentation for payment 752.7003 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 co nditions; e.g., (3) Inclusion of clauses in full text is more practical under the local conditions ( situations where doing so will assist small local entities, the prospective contractors may have limited Internet access, etc.). (d) If a solicitation or co ntract 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 - 2, Clauses Incorporated by by Reference or 52.252 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 solic itations 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. 97

98 (c) Th e 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 ive contractors and submitted with the quotation or offer. prospect - Texts of Provisions and Clauses Subpart 752.2 Scope of subpart. 752.200 None of the clauses specified in this subpart are for use in USAID personal services contracts. For personal services con tract 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 f or Personal Services Abroad. [49 FR 13259, Apr. 3, 1984, as amended at 51 FR 11450, Apr. 3, 1986; 51 FR 12706, Apr. 15, 1986; 57 FR 5236, Feb. 13, 1992; 62 FR 40469, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 752.202 - 1 Definitions. (a) As prescribed in 7 02.270 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) USAID shall mean the U.S. Agency for International Development. (a) (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 tract. responsible for coordinating the activities carried out under the con (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) Consult ant 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. 98

99 (f) Contractor employee shall mean an employee of the Contractor assigned to work under this contract. Cooperating Country or Countries shall mean the foreign country or countries in or (g) for which services are to be rendered hereunder. Cooperating Government (h) 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) shall mean the United States AID Mission to, or principal USAID office in, Mission 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. — titution for USAID Definitions Clause Supplement for Contracts With an Educational Ins Participant Training (MAY 2011) Catalog shall mean any medium by which the Institution publicly announces terms (a) and conditions for enrollment in the Institution, including tuition and fees to be charged. ements,” or any other similar word the Institution may This includes “bulletins,” “announc 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 ac ting within the limits of the individual's authority. (c) shall mean those applicable charges directly related to enrollment in the Fees 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 sha ll mean the amount of money charged by an institution for instruction, not including fees as described in this section. 99

100 (d) Alternate 72. For use in all USAID contracts which involve any performance 52.202 1 and in 752.202 - 1(b) overseas. Use in addition to the clauses in (48 CFR) FAR - 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 s hall 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 i n (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 rdless of age, are incapable of self support. years of age or, rega (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 ing step or adoptive sisters or brothers) of the employee, (4) Sisters and brothers (includ 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 supp ort. (d) shall mean the currency of the Cooperating Country. Local currency (e) Regular employee shall mean a Contractor employee appointed to serve one year or more in the Cooperating Country. (f) - term employee shall mean a Contractor employee appoi nted to serve less than Short 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. [49 FR 13259, Apr. 3, 1984, as amended at 52 FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, 1987; 55 FR 6802, Feb. 27, 1990; 64 FR 42042, Aug. 3, 1999; 79 FR 74988, 74997, Dec. 16, 2014] 100

101 752.204 - Security requir ements. 2 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 ratively controlled (`Sensitive But (`Confidential', `Secret', or `Top Secret'), or administ Unclassified') information. [79 FR 74997, Dec. 16, 2014] - 70 Partner vetting pre 752.204 - award requirements. As prescribed in (48 CFR) AIDAR 704.7005(a), insert the following provision in all solicitations subject to ve tting: - 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) - 71 Partner Vetting, of this solicitation. An offeror that has not AIDAR clause at 752.204 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 F orm 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 Partne r 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 racting notify the offeror(s) who must be vetted ]. Within the timeframe set by the cont 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 101

102 named in paragraph (d) of the (48 CFR) AIDAR clause at 752.204 - ner Vetting, of 71 Part 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) Sour ce 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 re presentatives. 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 designa tes 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 st provide additional information, and resubmit the USAID Partner Information (iii) Mu Form with the additional information within the number of days the vetting official specified in the notification. nformation that USAID's Office (2) The vetting official will include in the notification any i 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 enforceme nt and intelligence community investigations or operations. (e) (1) Within 7 calendar days after the date of the vetting official's Reconsideration. notification, an offeror that has not passed vetting may request in writing to the vetting official that th e 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 f or reconsideration, the Agency will determine whether the offeror's additional information warrants a revised decision. 102

103 (3) The Agency's determination of whether reconsideration is warranted is final. Revisions to vetting information. (1) Offerors who change key individuals, whether (f) 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) T he 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 offer or has passed vetting. The contracting officer may award only to an apparently successful offeror that has passed vetting. [77 FR 8171, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] 752.204 - 71 Partner vetting. As prescribed in (48 CFR) AIDAR 7 04.7005(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 o f 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 - f inanced 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 i n 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 - 103

104 13, coordinating with the USAID Office of Security, an d 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. ontractor must submit a USAID Partner Information Form, USAID Form 500 - (c) The C 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. No te: 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 officia l 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 met hods, 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. 104

105 (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) A lternate 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 c lause 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 must not consent to award of a subcontract to any clause. The contracting officer organization that has not passed vetting when required. (2) In addition, prospective subcontractors at any tier providing the following classes of must pass vetting. Contracto rs must not place items (supplies and services): 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 subcontr acts under this contract. [77 FR 8171, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] 752.204 72 Access to USAID facilities and USAID's information systems. - Pursuant to M/OAA/DEV - The strikethrough - 18 - 02c (AAPD 16 - 02 Revised) – AIDAR text has been replaced with the highlighted text. 5 10

106 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: Contractor Access to USAID Facilities and USAID's Information System s (APRIL 2018) (a) HSPD - 12 and Personal Identity Verification (PIV). Individuals engaged in the performance of this award as employees, consultants, or volunteers of the contractor Homeland Security Presidential Directive - must comply with all applicable - 12) 12 (HSPD and Personal Identity Verification (PIV) procedures, as described below, and any subsequent USAID or Government - wide HSPD - 12 and PIV procedures/policies. (b) A U.S. citizen or resident alien engaged in the performance of this award as an oyee, consultant, or volunteer of a U.S firm may obtain access to USAID facilities empl 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.citizens or resident aliens 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 sys tems (such as Phoenix, GLAAS, etc.) and must be escorted facilities (such as office space). to use U.S. Government (c) (1) No later than five business days after award, the Contractor must provide to the te list of employees that require Contracting Officer’s Representative (COR) a comple access to USAID facilities or information systems. (2) Before a contractor (or a contractor employee, consultant, or volunteer) or may obtain a USAID ID (new or replacement) authorizing the subcontractor at any tier indivi dual routine access to USAID facilities in the United States, or logical access to provide two forms of identity source USAID's information systems, the individual must when undergoing documents in original form to the Enrollment Office personnel processin g. 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 n of security background investigations, is mandatory in order for include documentatio Access Card (FAC) card and be granted the Contractor to receive a PIV/Facilities access to any of USAID's information systems. All such individuals must physically present these two source documents for identity proofing at their enrollment. (d) The Contractor must send a staffing report to the COR by the fifth day of each month. The report must contain the listing of all staff members with access that separated or were hired under this con tract in the past sixty (60) calendar days. This report must be submitted even if no separations or hiring occurred during the reporting period. Failure to submit the ‘Contractor Staffing Change Report’ each month may, at suspension of all logical access to USAID information USAID’s discretion, result in the 106

107 systems and/or facilities access associated with this contract. USAID will establish the format for this report. (e) Contractor employees are strictly prohibited from sharing logical access to USAID systems and Sensitive Information. USAID will disable accounts and revoke in formation IT systems if Contractor employees share accounts. logical access to USAID (f) USAID, at its discretion, may suspend or terminate the access to any systems and/or faciliti es when a potential Information Security Incident or other electronic access cause for such action. The suspension or violation, use, or misuse incident gives termination may last until such time as USAID determines that the situation has been corrected or no longer exists. (g) The Contractor must notify the COR and the USAID Service Desk at least five business days prior to the Contractor employee’s removal from the contract. For unplanned terminations of Contractor employees, the Contractor must immediat ely notify the COR and the USAID Service Desk ([email protected] usaid.gov or (202) 712 - 1234). The Contractor or its Facilities Security Officer must return USAID PIV/FAC cards and remote authentication tokens issued to Contractor employees to the departure of the employee or upon completion or termination of the COR prior to occurs first. contract, whichever (h) The contractor is required to insert this clause including this paragraph (h) in any subcontracts that ee, or consultant to require the subcontractor, subcontractor employ have routine physical access to USAID space or logical access to USAID's information systems. 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 faci lities 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 (suc h 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 107

108 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 f or 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 occur s 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) proc edures, 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 h ave routine physical access to USAID space or logical access to USAID's information systems. [79 FR 74998, Dec. 16, 2014] - 71 Organizational conflicts of interest discovered after award. 752.209 - 2, insert the following clause in a ny solicitation containing a As prescribed in 709.507 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 Discove red 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 contrac ting 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. 108

109 [58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5008, Feb. 2, 1999; 79 FR 74988, 74998, Dec. 16, 2014] - 70 Language and measurement. 752.211 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 s ervices 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 t he 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. [57 FR 23321, June 3, 1992. Redesignated at 6 1 FR 39095, July 26, 1996] 752.216 - Award fee. 70 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 per forming 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; potential award fee, the provided, that after payment of 85 percent of the base fee and 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 cove ring 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 ior years' settlements. The contracting officer may submitting final vouchers on pr release up to 90 percent of the fee withholds under this contract based on the 109

110 Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. [64 FR 5008, F eb. 2, 1999, as amended at 79 FR 74988, 74998, Dec. 16, 2014] - 752.216 Partner vetting in indefinite delivery contracts. 71 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 nanced activities or resources, such as key personnel as described in Automated fi 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 proces s. (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. 110

111 (2) wh en 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. cial will notify the contractor that it (e)(1) The vetting offi — (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 vettin g 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 inf ormation, 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 cont ractor 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 ant written material for reconsideration. and any other relev 111

112 (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. s determination of whether reconsideration is warranted is final. (3) The Agency' (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 wheth er 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 th e 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 - secu re 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. ted (3) The fair opportunity process proceeds separately from vetting. Vetting is conduc 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 propos al. 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 classific ation or sensitivity of the information, the need to protect sources and methods, or status of ongoing law enforcement and intelligence community investigations or operations. 112

113 (5) Reconsideration. (i) Within 7 calendar days after the date of the vetting of ficial'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 t written material for any written explanation, legal documentation and any other relevan 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 Partner Information Form to the vetting official. This includes changes to revised USAID 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 con sent 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, - 13, to the designated vetting official. The contracting off icer must not USAID Form 500 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 C FR) 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 awa rd of a subcontract to any organization that has not passed vetting when required. 113

114 (2) In addition, prospective subcontractors at any tier providing the following classes of items (supplies and services): must pass vetting. Contractors must not place ntracts for these classes of items until they receive confirmation from the vetting subco official that the prospective subcontractor has passed vetting. (j) The contractor agrees to incorporate the substance of this clause in all subcontracts t. under this contrac [77 FR 8172, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] - 8 Utilization of small business concerns and small disadvantaged 752.219 business concerns. 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 Con cerns, 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 eq uipment 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 on Development(USAID), Office of Small and Disadvantaged Business Utilizati (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 genera l 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. [79 FR 74998, Dec. 16, 2014] 752.219 - 70 USAID Mentor - Protégé Program . As prescr ibed in 719.273 - 11(a), insert the following provision: Protégé Program (July 2007) USAID Mentor - 114

115 (a) Large and small business are encouraged to participate in the USAID Mentor - tégés Protégé Program (the “Program”). Mentor firms provide eligible small business Pro 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 sma ll 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 contra ct. (d) Firms interested in participating in the Program are encouraged to contact the USAID Mentor - Protégé Program Manager (202 - 712 - 1500) for more information. (End of provision) [72 FR 32546, June 13, 2007, as amended at 79 FR 74998, Dec. 16, 2014] 752.2 - 71 Mentor requirements and evaluation. 19 As prescribed in (48 CFR) AIDAR 719.273 - 11(b), insert the following clause: Mentor Requirements and Evaluation (July 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 Progra m, 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) [72 FR 32546, June 13, 2007, as amended at 79 FR 74988, 74998, Dec. 16, 2014] 752.222 - 70 USAID disability policy. 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) 115

116 (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 prog rams 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 i nternational advocacy for people with disabilities. The full text of USAID's policy can be found at the following Web http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf site: . (b) USAID therefore requires that the contractor not discriminate against people with dis abilities 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 demons trate a comprehensive and consistent approach for including men, women, and children with disabilities. [79 FR 74998, Dec. 16, 2014] 752.222 - Nondiscrimination. 71 As prescribed in (48 CFR) AIDAR 722.810(b), insert the following clause in section I of all solicitations and resulting contracts. Nondiscrimination (June 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 t o 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 (inc luding 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 described bases. the above - 116

117 Contractors are required to comply with the nondiscrimination requirem ents 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 applic able law. (End of clause) [81 FR 48717, July 26, 2016] 752.225 - 9 Buy American Act — Trade Agreements Act — Balance of Payments Program. The clause prescribed by FAR 25.408(a)(2) is not generally included in USAID contracts when more stringent source requir ements 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 752.2 25 - 70. [49 FR 13259, Apr. 3, 1984, as amended at 54 FR 16122, Apr. 21, 1989; 59 FR 33447, June 29, 1994; 62 FR 40470, July 29, 1997] 70 752.225 - Source and nationality requirements . As prescribed in 725.704, insert the following clause: ality Requirements (FEB 2012) Source and Nation / (a) Except as may be specifically approved by the contracting officer, the contractor e.g., must procure all commodities ( 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; 117

118 (5) Luxury goods and gambling equipment; or (6) Weather modification equipment. Restricted goods. The contractor m ust obtain prior written approval of the contracting (c) 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. [79 FR 74998, Dec. 16, 2014] 752.226 - -- 752.226 - 3 [Reserved] 1 752.227 14 Rights in Data — general. - As prescribed in 727.409(b), insert the following clause: Rights in Data — General (OC T 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 contrac t 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 urity laws or regulations, or unless subject to the Federal export control or national sec 118

119 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]. t receives or is given access to data (2) The Contractor agrees that to the extent i necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise ting officer. specifically authorized in writing by the contrac (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 contracti ng 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. [72 FR 53164, Sept. 18, 2007, as amended at 79 FR 74988, Dec. 16 , 2014] 752.227 - 70 Patent reporting procedures. 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) g inventions. (a) Reportin - 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 - nt Reporting and Tracking system. NIH created EDISON to Health (NIH) EDISON Pate - Dole Act and report in a timely help assist research recipients to comply with the Bayh manner all patentable inventions arising out of Federally sponsored research programs. - The EDISON system uses We b 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 est ablished. (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. [79 FR 74999, Dec. 16, 2014] Worker's compensation insurance (Defense Base Act). 752.228 - 3 119

120 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) - 70(a)) for contractor's employees who are not citizens of, residents of, AIDAR 728.305 or hired in the United States, the contractor agrees to provide such employees with wo rker'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 here under 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 ents contract. insurance coverage and obtain DBA coverage under the USAID requirem [53 FR 50631, Dec. 16, 1988, as amended at 54 FR 16122, Apr. 21, 1989; 56 FR 67226, Dec. 30, 1991; 79 FR 74988, 74999, Dec. 16, 2014] 7 - Insurance 752.228 — liability to third persons. As prescribed in 728.307 - st be added to the clause 2(c), the following paragraph mu - 7 - specified in (48 CFR) FAR 52.228 7 as either paragraph (h) (if (48 CFR) FAR 52.228 Alternate I is not used) or (i) (if (48 CFR) FAR 52.228 - 7 Alternate I is used): Insurance — Liability to Third Persons (JULY 1997) The following pa - 7: ragraph is added to the clause specified in (48 CFR) FAR 52.228 ( ) 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 own ed 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 up insurance policy issued by a reliable company providing will be covered by a paid - 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 120

121 Cooperating Co untry: 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 's records which are required to be preserved and made available part of the Contractor — by the “Audit and Records Negotiation” clause of this contract. [53 FR 50632, Dec. 16, 1988, as amended at 54 FR 16122, Apr. 21, 1989; 62 FR 40470, July 29, 1997; 79 FR 74999, Dec. 16, 2014] 752.228 - 9 Cargo insurance. As prescribed in 728.313(a), the following preface is to be used preceding the text of the - 9: clause at (48 CFR) FAR 52.228 Cargo Insurance (DEC 1998) Preface: To the extent that marine insurance is necessary or appropriate und er 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. [53 FR 50632, Dec. 16, 1988, as amended at 79 FR 74999, Dec. 16, 2014] - 752.228 70 Medical Evacuation (MEDEVAC) Services. As prescribed in 728.307 - 70, for use in all contracts requiring performance overseas: Medical Evacuation (MEDEVAC) Services (JUL 2007) AC service coverage to all U.S. citizen, U.S. (a) The contractor must provide MEDEV 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 ting standards. principles and in accordance with cost accoun (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 Miss ion 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 s and their dependents located at post. employee 121

122 (c) Contractor must insert a clause similar to this clause in all subcontracts that require performance by contractor employees overseas. [59 FR 33447, June 29, 1994, as amended at 72 FR 19669, Apr. 19, 2007; 79 FR 7 4988, 74999, Dec. 16, 2014] - 752.229 Federal, state and local taxes. 70 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. [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 752.229 - 71 Reporting of foreign taxes. As prescribed in (48 CFR) AIDAR 729.402 - 70, insert the following clause in section I of applicable solicitations and resulting contracts. The co ntracting officer must insert 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 (July 2007) (a) The contractor must annually submit a report by April 16 of the n ext year. Contents of report. The report must contain: (b) (1) Contractor name. (2) Contact name with phone, fax number and email address. (3) Contract number(s). (4) Amount of foreign taxes assessed by a foreign government [each foreign listed separately] on commodity purchase transactions valued at government must be $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year. (5) Only foreign taxes assessed by the foreign government in the country recei ving U.S. assistance are to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South Africa, any taxes impo sed by South Africa would not be included in the report for Lesotho (or South Africa). (6) Any reimbursements received by the contractor during the period in paragraph (b)(4) of this clause regardless of when the foreign tax was assessed and any 122

123 reimbursem ents on the taxes reported in paragraph (b)(4) of this clause received through March 31. (7) Report is required even if the contractor did not pay any taxes during the reporting period. (8) Cumulative reports may be provided if the contractor is implementi ng more than one program in a foreign country. (c) As used in this clause — Definitions. (1) Agreement includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements. (2) means any material, article, supply, goods, or equipment. Commodity (3) Foreign government includes any foreign governmental entity. (4) Foreign taxes means value - added taxes and customs duties assessed by a foreign government on a commodity. It does not include foreign sales taxes. Where. (d) Submit the reports to: [contracting officer must insert address and point of contact at the Embassy, Mission, or CFO/CMP as appropriate]. Subagreements. The contractor must include this reporting requirement in all (e) applicable subcontracts and other subagreeme nts. http://2001 (f) For further information see 2009.state.gov/s/d/rm/c10443.htm . - (End of clause) [81 FR 48717, July 26, 2016] 752.231 - 71 Salary supplements for HG employees. 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 payme nts, 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 pay ment for work carried out outside of normal working hours are not considered to be salary supplements. 123

124 (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. [64 FR 16649, Apr. 6, 1999, as amended at 79 FR 74988, 74999, Dec. 16, 2014] 752.231 - 72 Conference planning and required approvals. As prescribed in (48 CFR) AIDAR 731.205 43, insert the following clause in section I of - all solicitations and resulting contracts antic ipated to include a requirement for a USAID - funded conference, as defined in the clause. Conference Planning and Required Approvals (Aug 2013) (a) Definitions. Conference means a seminar, meeting, retreat, symposium, workshop, training activity or other su ch event that requires temporary duty travel of USAID employees. For the purpose of this policy, an employee is defined as a U.S. direct hire; personal services contractor, including U.S. PSCs, Foreign Service National CN) and Third Country National (TCN); or a (FSN)/Cooperating Country National (C Federal employee detailed to USAID from another government agency. (b) The contractor must obtain approval from the contracting officer or the contracting officer's representative (COR), if delegated in the Contra cting Officer's Representative Designation Letter, as prescribed in 731.205 - 43, prior to committing costs related to conferences funded in whole or in part with USAID funds when: (1) Twenty (20) or more USAID employees are expected to attend. (2) The net c onference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants. (c) Conferences approved at the time of award will be incorporated into the award. Any subsequent requests for approval of conferences must be submitted by the contractor to the USAID contracting officer representative (COR). The contracting officer representative will obtain the required agency approvals and communicate such approvals to the contractor in writing. (d) The request for conference approval must include: (1) A brief summary of the proposed event; 124

125 (2) A justification for the conference and alternatives considered, e.g., teleconferencing and videoconferencing; (3) The estimated budget by line item ( e.g., nd per diem, venue, facilitators, travel a meals, equipment, printing, access fees, ground transportation); (4) A list of USAID employees attending and a justification for each; and the number of - funded participants ( other USAID institutional contractors); e.g., (5 - owned facility), cost comparison, and ) The venues considered (including government justification for venue selected if it is not the lowest cost option; (6) If meals will be provided to local employees (a local employee would not be in travel status), a d etermination that the meals are a necessary expense for achieving Agency objectives; and (7) A certification that strict fiscal responsibility has been exercised in making decisions regarding conference expenditures, the proposed costs are comprehensive an d represent the greatest cost advantage to the U.S. Government, and that the proposed conference representation has been limited to the minimum number of attendees necessary to support the Agency's mission. (End of clause) [81 FR 48717, July 26, 2016] 232 - 70 752. Letter of credit advance payment. 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 Credi t (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: Up Form); and (1) A signed original SF - 1199A (D irect Deposit Sign - 125

126 (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/C — LOC Unit, MP 1300 Pennsylvania Ave. NW., SA - 44, Room 430 - J, Washington, DC 20523 - 7700. Contractors must also submit the forms specified above electronically to [email protected] (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 - in reimbursement basis, 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. [79 FR 74999, Dec. 16, 2014] 752.236 - 70 Standards for accessibility for the disabled in USAID construction contracts. As prescribed in 736.570, for contracts for construction or renovation using program funds, insert the following cl ause. Standards for Accessibility for the Disabled in USAID Construction Contracts (July 2007) 126

127 (a) One of the objectives of the USAID Disability Policy is to engage other U.S. Government agencies, host country counterparts, governments, implementing zations and other donors in fostering a climate of nondiscrimination against organi 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 disa bilities (PWDs). The full text of the policy paper can be found at the following Web http://www.usaid.gov/about_usaid/disability/. site: (b) USAID requires the contractor to comply with standards of accessibility for people with disabilities in all structu res, 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 a t 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 re gional 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 sta ndards for accessibility. Alterations. (e) 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 - frame or because other existing member that is an essential part of the structural 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 en tails 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 wallpa pering, 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 shee ting 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 with portion of emergency construction assistance may be provided to people 127

128 - disabilities as part of the process of identifying disaster and crisis - affected people as “most vulnerable.” [79 FR 75000, Dec. 16, 2014] 70 . Periodic progress reports - 752.242 4(c), insert the following clau se in contracts - As prescribed in (48 CFR) AIDAR 742.1170 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. - 007) Periodic Progress Reports (OCT 2 (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 al reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and intern 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 w ithhold 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. [72 FR 53164, Sept. 18, 2007, as amended at 79 FR 74988, 75000, Dec. 16, 2014] - 70 Government property — 752.245 USAID reporting requirements. USAID contrac ts, 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 preced ing 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 th e 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 c ontract and identified by such officer as accountable. All mobile Information Technology (IT) smartphones), laptops, equipment, including but not limited to, mobile phones ( e.g. 128

129 tablets, and encrypted devices provided as government furnished property, titl e 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 - furnished property, Contractor acquired mobile IT equipment and mean Government non - expendable personal property title to which vests in the U.S. Government under this contract. - expendable personal property, for purposes of this contract, is defined as (3) Non personal property that is complete in itself, does not lose its identity or bec ome 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. The Contractor will submit an annual report on all Government Reporting Requirements: 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] Furniture and — furnishings Other Government Motor Living quarters property vehicles Office A. Value of property as of last report B. Transactions during this reporting period 1. Acquisitions (add): a. Contract or acquired 1 property 2 b. Government furnished c. Transferred from others, 3 without reimbursement 129

130 2. Disposals (deduct): a. Returned to USAID — b. Transferred to USAID Contractor purchased c. Transferred to other 3 cies Government agen 3 d. Other disposals C. Value of property as of reporting date D. Estimated average age of contractor held property Years Years Years Years 1 - expendable property and all mobile IT equipment. Non 2 Government - furnished property l isted 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. Property Inventory Verification I attest that (1) physical inventories of Gover nment 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 agre es 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 130

131 (End of clause) [83 FR 9713, Mar. 7, 2018] 752.245 Title to and care of property. - 71 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 D evelopment 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 USA ID 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 ti me 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 - expendable property under its cus tody as required in the clause annual report on all non 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 fi xed 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 e of such property. been mad 131

132 [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 64 FR 5009, Feb. 2, 1999; 79 FR 74988, 75001, Dec. 16, 2014] flag commercial vessels. - Preference for privately owned U.S. 752.247 70 - As prescribed in 747.507, inser t 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 financed least 50 percent of the gross tonnage of equipment, materials, or commodities 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 f or 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 Pref erence 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 compl iance 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 Tra nsportation, 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 follow s: (i) for PL 480 (Food aid shipments) scanned copies must be sent to: [email protected] (ii) For all Non P.L. 480 (Non Food Aid Shipments) scanned copies must be sent to: [email protected] (iii) For all shipments, scanned copies for M ARAD must be sent to: [email protected] (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 outsid e the United States. Each bill of lading copy shall contain the following information: (i) Sponsoring U.S. Government agency. 132

133 (ii) Name of vessel. (iii) Vessel flag registry. (iv) Date of loading. (v) Port of loading. (vi) Port of final discharge. (vii) De scription 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. [64 FR 5009, Feb. 2, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 75001, Dec. 16, 201 4; 81 FR 47047, July 20, 2016] 752.252 - 1 AIDAR solicitation provisions incorporated by reference 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. [79 FR 75001, Dec. 16, 2014] 752.252 - 2 AIDAR clauses incorporated by reference 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 provisi ons and contract clause is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7. [79 FR 75001, Dec. 16, 2014] 133

134 752.252 - Provisions and clauses to be completed by the offeror. 70 clause. In accordance with 752.107(c), insert the following 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 wi th 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 su bmitted with the quotation or offer.] [79 FR 75001, Dec. 16, 2014] Subpart 752.70 — Texts of USAID Contract Clauses Scope of subpart. 752.7000 Subpart 752.70 contains the text of USAID - specific contract clauses for which there is . The clauses in this subpart do not apply to contracts for no (48 CFR) FAR equivalent 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 ppendix J Abroad and (48 CFR) AIDAR A Direct USAID Contracts with Cooperating — Country Nationals and with Third Country Nationals for Personal Services Abroad. [49 FR 13259, Apr. 3, 1984, as amended at 57 FR 5237, Feb. 13, 1992; 79 FR 74988, Dec. 16, 2014] 752.7001 Biographical data . 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 th e Contractor on the other individuals employed under the contract shall be available for review by - 17 will be USAID at the Contractor's headquarters. A supply of USAID Form 1420 134

135 provided with this contract. The Contractor may reproduce additional copies as necessary. [62 FR 40470, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 62 FR 47532, Sept. 9, 1997; 79 FR 74988, 75001, Dec. 16, 2014] Travel and transportation. 752.7002 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 and allowability will be made by contract. Determination of reasonableness, allocability 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 trav el 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 in the Cooperating Country and return to place of residence in the United post of duty 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 regu lar 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 t han 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, l egal 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 cla ss 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 kilo grams/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 hereinafter referred to as the — in the Department of State Standardized Regulations 135

136 Stand ardized 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 ses economy class accommodations for a trip of 14 hours or more of traveler u 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 accordance with the established practice of the Contractor but not to shall be paid in 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 e xcess 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 th e 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 i n 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. Special international travel and third count For special travel which (e) ry travel. 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 reimbur — sed 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 i n 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. 136

137 ( g) Travel costs and allowances will be allowed only Limitation on travel by dependents. 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 - half of the required tour dependent remains in the country for at least 9 months or one of duty of the regular employee responsible for such dependent, whichever is greater. If and the dependent is eligible for educational travel pursuant to the “Differential 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 Trave l 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 co st 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. Emergency and irregular travel and transportation. Emergency transportation costs (j) 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 e mployees 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 r location for Contractor employees and dependents and returning this contract or othe 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 a ssigned, 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.” T he Mission Director may authorize a medical attendant to accompany the employee at contract expense if, based on medical opinion, such an attendant is necessary. 137

138 (ii) Death, or serious illness or injury of a member of the immediate family of the employee o r 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. mergency or irregular travel and (3) The Mission Director may also authorize e 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 ortation of personal and/or household restrictions as to time away from post, transp effects, etc. Requests for such emergency travel shall be submitted through the Contractor's Chief of Party. Home leave travel. To the extent that home leave has been authorized as provided (k) ys” clause of this contract, the cost of travel for home leave is in the “Leave and Holida 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 t he 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 f or 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 conven ience 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. reimbursed for the cost of (l) Rest and recuperation travel. The Contractor shall be travel performed by regular employees and dependents for purposes of rest and recuperation provided that such reimbursement does not exceed that authorized for 138

139 USAID direct hire employees, and provided further that no reimbursem ent will be made unless approval is given by the Contractor's Chief of party. (m) (1) Transportation of motor vehicles, personal effects and household goods. Transportation, including packing and crating costs, will be paid for shipping from the point of o rigin 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 ulations as in effect when shipment is made. Travel Reg (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 not reimbursable hereunder. If the employee goods to and from the post of duty are 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 are reimbursable hereunder but the costs vehicles, effects and goods to the post of duty 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 approve d 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 re boxing or crating of motor vehicles for shipment to the Cooperating Country, not requi - owned the cost of boxing or crating is not reimbursable. The transportation of a privately motor vehicle for a regular employee may be authorized by the Contractor as replaceme nt 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 neglig ence 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 reimbur sed 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 wh en 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 139

140 used. This provision is applicable to home leave travel and to shor t term employees - when these are authorized by the terms of this contract. Storage of household effects. The cost of storage charges (including packing, (o) 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 USAI D 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 Assis tance, 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 [email protected] (ii) Transportation of persons. Where U.S. flag vessel s 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. Reimbursemen t of the costs of transporting - - a foreign made motor vehicle will be made in accordance with the provisions of the Foreign Service Travel Regulations. Reduced rates on U.S. flag carriers. (3) Reduced rates on United States flag carriers are in effect for sh ipments 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. Gover nment (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 acco rdance with the foregoing. (End of clause) [55 FR 6803, Feb. 27, 1990, as amended at 56 FR 2699, Jan. 24, 1991; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 75001, Dec. 16, 2014] 752.7003 Documentation for payment. The following clause is required in all USA ID direct contracts, excluding fixed price contracts: 140

141 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 offic er'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 - 1034 — Public Voucher for Purchases and Services Other Than Personal. Each the SF 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 i nformation to be reported with the following elements: Total Expenditures - [Document Number: XXX - XX - XXXX X XX] - Amt. vouchered Amt. vouchered this Description Line item No. to date period 001 Product/Service Desc. for $ XXXX.XX $XXXX.XX Line Item 001 roduct/Service Desc. for P 002 XXXX.XX XXXX.XX Line Item 002 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 kno wledge 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 c osts 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: 141

142 TITLE: DATE: Local currency payment. The Contractor is fully responsible for the proper (b) contract. Local expenditure and control of local currency, if any, provided under this 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 s hall 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 co ntract, 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 a ny 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 unli quidated 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 of the Contractor's records which are required to be presented made available as part and made available by the clause of this contract entitled “Audit and Records — Negotiation”. [53 FR 6829, Mar. 3, 1988, as amended at 64 FR 5009, Feb. 2, 1999; 79 FR 74988, 75001, Dec. 16, 2014] 752.7004 Emergency locator information. 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 t. dependen 142

143 (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. [62 FR 40470, July 29, 1997; 62 FR 45334, Aug. 27, 1997, as amended at 79 FR 75001, Dec. 16, 2014] 752.7005 Submission requirements for development experience documents. 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 (Sept 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 s ubmit 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 an d 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 o ther 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 sub mitted and an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause. 143

144 (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 per sonally 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 report s 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 elect ronic 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 http://www.archives.gov/records the transfer of permanent E - records. (See - mgmt/initiatives/transfer - - nara.html ). to (2) Essential bibliographic information. Descriptive information is required for all contractor products submitted. The title page of all reports and inform ation 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 author English, provide an English translation of the title), 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 ha ve, attached as a separate cover sheet, the name, organization, address, telephone number, fax number, and internet address of the submitting party. [79 FR 75001, Dec. 16, 2014; 80 FR 12935, Mar. 12, 2015] 752.7006 Notices. 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: 144

145 To USAID: U.S. Agency for International Development, Washington, DC Administrator, - 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, whichev er is later. [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 2699, Jan. 24, 1991; 61 FR 39095, July 26, 1996 ; 79 FR 75002, Dec. 16, 2014] 752.7007 Personnel compensation. The following clause shall be used in all USAID cost - reimbursement contracts. Pers onnel 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 e mployee'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 the contracting officer, as prescribed in Contracting, must be approved in writing by - 6(b) or 731.371(b), as applicable. 731.205 [49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33669, Aug. 24, 1984; 61 FR 39095, July 26, 1996; 62 FR 40470, July 29, 1997; 72 FR 19669, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014] 752.7008 Use of Government facilities or personnel. 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 i s specifically authorized in the contract, or is authorized in advance, in writing, by the contracting officer. 145

146 (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 personne l 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 “Di sputes”. [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 752.7009 Marking. The following clause is for use in all USAID contracts performed in whole or in part overseas. Marking (JAN 1993) policy that USAID (a) It is 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 procu rement 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. [49 FR 13259, Apr. 3, 1984, as amended at 58 FR 8703, Feb. 17, 1993; 79 FR 74988, Dec. 16, 2014] Conversion of U.S. dollars to local currency. 752.7010 146

147 For use in all USAID non - commercial contracts involving performance overseas. Conversion of U.S. Dollars to Local Currency (APR 1984) ime as appropriate, the Upon arrival in the Cooperation Country, and from time to t 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 clude, but is not limited to, the United States dollars to local currency. This may in conversion of said currency through the cognizant U.S. Disbursing Officer or Mission Controller, as appropriate. [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997] 752.7011 Orientation and language tra ining. 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 ter m, are properly - responsibility for assuring that all employees, regular and short 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 erience, or consideration specific job requirements, the employee's prior overseas exp 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 147

148 a pplicable to this contract. Allowable salary costs during the period of orientation are also reimbursable. [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] Protection of the individual as a research subject 752.7012 . This clause is f or 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 ility of the contractor. USAID has adopted the a USAID contract is the responsib 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 impleme ntation 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), per formed 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 to which the Policy is applicable. The General Notice which sets forth activities 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 provide an acceptable written assurance this requirement. Alternatively, contractors can 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 ou tside 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 i n 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, a nd 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 st ipulation that the subject's records may be subject to such review. 148

149 [61 FR 39095, July 26, 1996] - mission relationships. 752.7013 Contractor to M/OAA/DEV - AIDAR - 18 - Pursuant (AAPD 18 - 03) – The strikethrough text has 04c been replaced with the highlighted te xt. For use in all contracts that involve performance overseas. Note that paragraph (f) of this clause is applicable only in contracts with an educational institution. CONTRACTOR - MISSION RELATIONSHIPS (JUNE 2018) ontract is an important part of the (a) The Contractor acknowledges that this c 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. This responsibility includes the Contractor ensuring that employees act in a consistent with the standards for United Nations (UN) employees in manner Section 3 of the UN Secretary - General’s Bulletin - Special Measures for exual Exploitation and Sexual Abuse Protection from S (ST/SGB/2003/13). (b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, the Mission Director is responsible for both the total y including certain administrative USAID program in the cooperating countr 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 Assistance Program. Although the Contractor will be responsible for all Foreign professional, technical, and administrative details of the work called for by the Director in matters relating contract, it must be under the guidance of the Mission to foreign policy. The Chief of Party must keep the Mission Director c urrently informed of the progress of the work under the contract. (c) If the Contractor determines that the conduct of any employee is not in accordance with the preceding paragraphs, the Contractor's Chief of Party must consult with the USAID contracting and the Mission Director and the officer employee involved and must recommend to the Contractor a course of action with regard to such employee. (d) The parties recognize the rights of the U.S. Ambassador to direct the removal from a country of any U.S. ci tizen or the discharge from this contract of any country national) when, at the individual (U.S., third country, or cooperating - - discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employe e and replacement by an acceptable substitute must be at no cost to USAID. 149

150 (e) If it is determined, under paragraphs (c) and (d) above, that the services of such employee must be terminated, the Contractor must use its best efforts to uch employee to the United States or third country point of cause the return of s 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 mu st 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 r egulations, and not to interfere in its internal political affairs. 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. Mission Re Contractor - lationships (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 a those of its employees in the Cooperating Country will be carried out in such 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 coope rating 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 Contra ctor 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 Mis sion 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 Dire ctor 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 when, at the discretion of the country national or cooperating - Ambassador, the interests of the United States so require. Under these 150

151 circumstances termination of an employee and replacement by an acceptable subs titute 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. following paragraph (f) is applicable if the contract is with an educational [The institution:] (f) It is understood by the parties that the Contractor's responsibilities shall not be restrictive of academic freedom. Notwithstanding these academic freedoms, th e 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) [ 5 4 FR 46391, Nov. 3, 1989] Notice of changes in travel regulations. 752.7014 The following clause is for use in cost - reimbursement contracts involving work overseas. Notice of Changes in Travel Regulations (JAN 1990) and allowance regulations shall be effective on the (a) Changes in travel, differential, 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 Servic e 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/re gs/fam/14fam/500/index.htm. (3) Federal Travel Regulations are available at: http://www.gsa.gov/portal/content/104790?utm_source=OGP&utm_medium=print - radio&utm_term=ftr&utm_campaign=shortcut. (c) Information regarding these regulations as referenced in the “Travel and Transportation” clause of this contract may be obtained from the contracting officer. 151

152 (End of clause) [55 FR 6805, Feb. 27, 1990, as amended at 79 FR 75002, Dec. 16, 2014] Use of pouch facilities. 752.7015 - contracts exceeding the simplified acquisition For use in all USAID non commercial 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 f acilities 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 of the use of pouch facilities as hereinafter Embassy or USAID Mission. In consideration 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 a uthorized 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 clause, and are not authorized to be sent or received by pouch. mail for purposes of this (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 - 0001. for International Development, Washington, DC 20523 (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 de cision based on existing laws and regulations governing military postal facilities and is being enforced worldwide. Posts 152

153 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. [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 2699, Jan. 24, 1991; 57 FR 5237, Feb. 13, 1992; 62 FR 40471, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 79 FR 75002, Dec. 16, 2014] 752.7016 752.7017 [Reserved] - 752.7018 Health and accident coverage for USAID participant trainees . For use in any USAID contract under which USAID participan ts 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 “par ticipants”), 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, bu t - 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 cl ause, 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 Result s 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 Con tractor 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 contr actor, 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 (E3/ED). of Education 153

154 (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 medica l 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 covere d 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 allowab le 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 - waivable health and accident insurance program, th e participant MUST mandatory, non 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 ineligib ility 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 lia bility for any related charges that might materialize. See ADS 253). [64 FR 5010, Feb. 2, 1999, as amended at 79 FR 74988, 75002, Dec. 16, 2014] 752.7019 Participant training. For use in any USAID direct contract involving training of USAID participants. Participant Training (JAN 1999) 154

155 (a) Definitions. (1) Participant training is the training of any foreign national outside of his or her home country, using USAID funds. his (2) A Participant is any foreign national being trained under this contract outside of 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 cont ractor 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, A DS 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. - term training travel per diem rates maintained by GSA for short http://policyworks.gov ). (website: [64 FR 5011, Feb. 2, 1999, as amended at 79 FR 75002, Dec. 16, 2015] 752.7020 [Reserved] 752.7021 Changes in tuition and fees. 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 th at 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. Th e 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 o f the next academic 155

156 term, the Contractor will so advise USAID. USAID may then provide such additional funds as required to complete the program. Conflicts between contract and catalog. 752.7022 ional institution. For use in contracts for participant training with an educat 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 or's rules and regulations, the provisions of this contract shall any of the Contract govern. Required visa form for USAID participants. 752.7023 For use in any USAID direct contract which involves training of USAID participants. Required Visa Form for USAID Participants (A PR 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. participant training with an educational institution. For use in contracts for 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 eli gible 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 othe r than as provided by the Contractor's standard procedures. Approvals. 752.7025 156

157 For use in all USAID contracts. Approvals (APR 1984) All approvals required to be given under the contract by the contracting officer or the ing and, except when extraordinary circumstances make Mission Director shall be in writ 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 existi ng conditions, it is impossible to obtain prior written approval, the approving official may, at his discretion, ratify the action after the fact. [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 752.7026 [Reserved] Person nel. 752.7027 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) Clearance. (1) Individuals engaged or assigned within th e United States. The (a) 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. Individuals engaged or assigned when ou No individual shall (2) tside the United States. 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 irector. However, when services are approved by the contracting officer or Mission D 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) Phys ical 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 157

158 subject to the same limitations and prohibitions which apply to U.S. nationals employed by the Mission. This prov ision does not apply to employees or consultants who are citizens or legal residents of the Cooperating Country. Economic and financial activities. Other than work to be performed under this (e) he contractor, no such contract for which an employee or consultant is assigned by t 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 appoi nted 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. - ear appointment is not required, appointment may be made for less than (ii) When a 2 y 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 his contract may be of the same less than 2 years, then a normal appointment under t 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 appro ved 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 untry, such person shall continue to hold the status of a dependent. He Cooperating Co or she shall be entitled to salary for the time services are actually performed in the 158

159 Cooperating Country, and differential and allowances as established by the Standardized Regulatio ns (Government Civilians, Foreign Areas). (End of clause) [56 FR 7587, Feb. 25, 1991, as amended at 62 FR 40471, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 752.7028 Differential and allowances. The following clause is for use in all USAID cost reimbursem ent 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 e not eligible for differentials and allowances, unless specifically authorized by th 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 Compt roller 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 US AID 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 h ereunder 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 e of arrival at the post of assignment and continue, including beginning on the dat 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 f rom 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. ial will not be payable while the employee is away from his/her post of Post different 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. Liv ing quarters allowance is an allowance granted to reimburse an employee for substantially all of his/her cost for either temporary or rented quarters are - residence quarters whenever Government - owned or Government 159

160 not provided to him/her at his/her post wit hout 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, ater. The temporary lodging allowance and the living light, fuel, gas, electricity and w 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 utiliti es 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, , as from time to time amended, or other rates approved by Foreign Areas), Chapter 130 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 Tr avel 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 ances involved with respect to each such short - term consider the particular circumst 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 simil ar 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 exce ss 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 vac ating 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 arters dependents for temporary quarters subsistence allowance, in lieu of living qu 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 is a cost - of - living allowance granted to an employee Post allowance. o fficially 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. 160

161 (f) Educational allowance. Educational allowance is an allowance to assist an employee ot otherwise compensated for, in meeting the extraordinary and necessary expenses, n 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 al lowances 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 fro m 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 uch payment does not for educational travel for their dependent children provided s 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 arate maintenance reimbursed for payments made to regular employees for a sep 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. Payments during evacuation. The Standardized Regulati ons (Government Civilians, (i) 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 b oth, 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 evacuat ed 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 reim bursed 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 161

162 or we ll - 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 po litical violence. [49 FR 13259, Apr. 3, 1984, as amended at 51 FR 11450, Apr. 3, 1986; 53 FR 50632, Dec. 16, 1988; 61 FR 39096, July 26, 1996; 61 FR 51235, Oct. 1, 1996; 79 FR 75002, Dec. 16, 2014] Post privileges. 752.7029 - rcial contracts involving performance overseas. comme For use in all USAID non 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 y. These services do not include hospitalization, or predeparture or end of tour dut 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 intende d 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. [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 7587, Feb. 25, 1991; 58 FR 58596, Nov. 2, 1993; 62 FR 40471, July 29, 1997] 752.7030 Inspection trips by contractor's officers and executives. For use in cost reimbursement contracts with an educational in stitution 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 e to the Campus Coordinator, a professional member of its staff as an alternat 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 162

163 progress of the work under this contract. Except for the Campus Coordina tor or his/her alternate, no direct salary charges will be paid hereunder with respect to any such officials. Leave and holidays. 752.7031 For use in all USAID cost - reimbursement contracts for technical or professional services. Leave and Holidays (OCT 1 989) Vacation leave. (1) The Contractor may grant to its employees working under this (a) 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 rat e 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 r this contract primarily for purposes of affording necessary rest leave is provided unde 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 employ ee'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 be forfeited unless the requirements of the paragraphs (a) (1) and (2) of this clause will 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. Si ck 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 usual practice, if in the judgment of the Contractor's Chief accordance with Contractor's 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 163

164 reimburse USAID for l eave 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 h ome 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. Home leav e. (1) Home leave is leave earned for service abroad for use only in the (c) 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 ar of States, may be granted home leave of not more than 15 workdays for each such ye 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 Missio n 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. g the requirement in paragraph (c)(2), of this clause, that the (3) Notwithstandin 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 a ll 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/h er 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 orien tation 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, arrival at the United States port of inclusive of authorized delays en route, to the date 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 164

165 overseas. An amount equal to the number of da ys 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 e, except for spite of the undertaking of the new appointment the regular employe 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 t he 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 locatio ns 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 Dir ector 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. Military leave. Military leave of not more than 15 calendar days in any calendar year (e) ted in accordance with the Contractor's usual practice to each regular may be gran 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 t he 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) [54 FR 46392, Nov. 3, 1989, as amended at 56 FR 2699, Jan. 24, 1991; 79 FR 74988, Dec. 16, 20 14] International travel approval and notification requirements (APR 2014). 752.7032 165

166 For use in any USAID contract requiring international travel. International Travel Approval and Notification Requirements (APR 2014) cting officer, or the contracting officer's Prior written approval by the contra 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 Contra ctor 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 dat es 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 rior written approval may be in the form of a letter or telegram or contracting officer) p 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 t he 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. [79 FR 75002, Dec. 16, 2014] Physical fitness. 752.7033 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 onsoring employee was hired.) when their sp Assignments of less than 60 days in the Cooperating Country. (a) 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 contr actor 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 resid e 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 perfo rm 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 e for returning the disabled employee to this contract), the contractor shall be responsibl 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 166

167 itional costs attributable to delays or shall not be entitled to reimbursement for any add other circumstances caused by the employee's inability to complete his/her tour of duty. (1) The contracting (b) Assignments of 60 days or more in the Cooperating Country. reproducible copy of the “USAID Contractor officer shall provide the contractor with a 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, ar e 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 authorized dependents obtain Country. The contractor shall have the employee and all 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 follow ing 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 medic al 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 c overed 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: d over, one half of (i) For the employee and authorized dependents 12 years of age an 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) [56 FR 7588, Feb. 25, 1991, as amended at 58 FR 58596, Nov. 2, 1993; 62 FR 40471, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 79 FR 74988, 75003, Dec. 16, 2014] Acknowledgement and disclaimer. 752.7034 167

168 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 U SAID. 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 sible through support provided by the Office of ___, Bureau for ___, U.S. Agency for pos 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/app ropriate 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) [57 FR 5237, Feb. 13, 1992] Public not ices. 752.7035 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 the contracting benefit from public notices concerning the contract, and requests that 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 pr ogram providing economic and humanitarian assistance in more than 80 countries 168

169 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 or announcements to the contracting officer's representative and to USAID's notices Legislative and Public Affairs (LPA) as far in advance of release as possible. (End of clause) [57 FR 5237, Feb. 13, 1992, as amended at 60 FR 11913, Mar. 3, 1995; 79 FR 74988, De c. 16, 2014] USAID Implementing Partner Notices (IPN) portal for acquisition. 752.7036 Insert the following clause in section I of all solicitations and resulting contracts, except ) FAR subpart for orders under indefinite delivery contracts issued pursuant to (48 CFR 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. (IPN) Portal FOR Acquisition (July 2014) USAID Implementing Partner Notices Definitions. As used in this clause — (a) “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 cond itions, 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 uploads universal bilateral modifications, which can be the single point where USAID 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: and click the “Register” button at https://sites.goo gle.com/site/usaidipnforacquisitions/ 169

170 the top of the page. Contractor representatives must use their official organization email address when subscribing, not personal email addresses. Processing of IPN portal modific (1) The contractor may access the IPN Portal (d) ations. 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 con tractor 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 th e 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; ion on the SF30 (B) Download the modification and incorporate the following informat 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 ; The contractor must not incorporate any other changes to Note to paragraph (d)(2)(i): the IPN Portal modification. (ii) Notify the Contracting Officer in writing if the modification requires negotiation of the additional changes to terms and conditions o f 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 fication to the contractor or contracting officer must provide the fully executed modi 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) [81 FR 48718, Jul y 26, 2016] Child safeguarding standards. 752.7037 170

171 Insert the following clause in section I of all solicitations and contracts other than those for commercial items. Child Safeguarding Standards (Aug. 2016) rd may involve children, or personnel (a) Implementation of activities under this awa 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 chi ld 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, fi lming, 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 othe rs recognize child abuse, exploitation, or neglect; mandating that personnel and others report allegations; investigating and managing allegations; and taking appropriate action in response to ersonnel. such allegations, including, but not limited to, dismissal of p (b) The contractor must also include in the code of conduct for all personnel - implementing USAID funded activities, the child safeguarding principles in paragraphs (a)(1) through (6) of this clause. (c) The following definitions apply for purpose s 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 ill - treatment; 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 171

172 emotional harm to a child, or an act or failure to act which presents an imminent risk of serious harm to a child. (3) Constitutes injury to the psychological capacity or Emotional abuse or ill treatment. emotion al 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 dimi nished or embarrassed. Constitutes the abuse of a child where some form of remuneration is Exploitation. (4) involved or whereby the perpetrators benefit in some manner. Exploitation represents a form of coercion and violence that is detrimental to the chi ld's physical or mental health, - being. development, education, or well Neglect. Constitutes failure to provide for a child's basic needs within USAID - funded (5) activities that are responsible for the care of a child in the absence of the child's parent guardian. or Physical abuse. Constitutes acts or failures to act resulting in injury (not necessarily (6) 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 subcontract s under this award. (End of clause) [81 FR 48718, July 26, 2016] 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 Agai nst 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 172

173 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. [81 FR 73354, Oct. 25, 2016] 70 Subpart 752.3- — USAID Clause Matrices [Reserved] PART 753 – FORMS Subpart 753.1 – General 753.107 Obtaining forms. Copies of any USAID Form referenced in the AIDAIR may be obtained from the U.S. Agency for International Development, Washington, DC 20523-0001, Attention: M/AS/ISS, Distribution, Room B-929 N.S., or from the cognizant contracting officer. [53 FR 50632, Dec. 16, 1988, as amended at 56 FR 2699, Jan. 24, 1991; 56 FR 67226, Dec. 30, 1991; 59 FR 33447, June 29, 1994; 62 FR 40471, July 29, 1997; 79 FR 75003, Dec. 16, 2014] Prescription of Forms Subpart 753.2 — 753.270 Prescription of USAID forms. The requirements for use of USAID forms are contained in parts 701 through 752 where the subject matter applicable to the form is addressed. Subpart 753.3 — Illustration of Forms 753.300 Scope of subpart. USAID forms are not illustrated in the AIDAR. Copies of any USAID form prescribed in the AIDAR may be obtained as provided in 753.107. PARTS 754-799 [RESERVED] PART 800 [RESERVED] 173

174 APPENDIX A, B, and C [RESERVED} — Appendix D to Chapter 7 Direct USAID Contracts With a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad 1. GENERAL Purpose. This appendix sets forth the authority, policy, and procedures under which (a) USAID contracts with a U.S. citizen or U.S. resident alien for personal services abroad. (b) Definitions. (1) Personal services contract (PSC) means a contract that, by its express terms or as administered, make the contractor personnel appear, in effect, Government employees (see FAR 37.104). Employer - employee relationship (2) means an employment relationship under a service contract with an individual which occurs when, as a result of the contract's terms or the manner of its administration during perfor mance, the contractor is subject to the relatively continuous supervision and control of a Government officer or employee. (3) - person services contract means a contract under which the personnel rendering Non the services are not subject either by the cont ract's terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Independent contractor relationship (4) means a contract relationship in which the contractor is not subject to the supervision and control prevailing in relationships between the Government and its employees. Under this relationship, the Government does not normally supervise the performance of the work, control the days of the week e day in which it is to be performed, or the location of performance. or hours of th – M/OAA - DEV - Per Deviation - 17 - 02c - The strikethrough text below has AIDAR been replaced with the highlighted text. (5) Resident hire means a U.S. citizen who, at the time of hire as a PS C, resides in the cooperating country as a spouse or dependent of a U.S. citizen employed by a U.S. - financed contract or agreement, or government agency or under any U.S. government for reasons other than for employment with a U.S. government agency or und er any U.S. government - financed contract or agreement. A U.S. citizen for purposes of this definition also includes persons who at the time of contracting are lawfully admitted permanent residents of the United States. (5) Resident Hire U.S. Personal Serv ices Contractor means a U.S. citizen or resident alien who, at the time of hire as a PSC, resides in the cooperating country -- (i) for reasons other than employment that provides for repatriation to the U. S., including -- 174

175 (A) with a U.S. government age ncy; - (B) under any U.S. government financed contract or agreement; or (C) under any other contract or employment arrangement. (ii) as a spouse or dependent of a U.S. citizen with employment that provides for repatriation to the U.S., including -- (A) w ith a U.S. government agency; (B) under any U.S. government - financed contract or agreement; or (C) under any other contract or employment arrangement. (6) U.S. resident alien means a non - U.S. citizen lawfully admitted for permanent residence in the Unite d States. (7) Abroad means outside the United States and its territories and possessions. - (8) USAID direct hire employees means civilian employees appointed under USAID Handbook 25 procedures or superseding Automated Directive System (ADS) Chapters. LEG . 2. AL BASIS (a) Section 635(b) of the Foreign Assistance Act of 1961, as amended (hereinafter referred to as the “FAA”) provides the Agency's contracting authority. (b) Section 636(a)(3) of the FAA (22 U.S.C. 2396(a)(3)) authorizes the Agency to enter ersonal services contracts with individuals for personal services abroad and into p 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 1 Commission.” 1 The Civil Service Commission is now the Federal Office of Personnel Management. 3. APPLICABILITY (a) This appendix applies to all personal services contracts with U.S. citizens or U.S. resident aliens to provide assistance abroad under Section 636(a)(3) of the FAA. (b) This appendix does not apply to: (1) Nonpersonal services contracts with U.S. citizens or U.S. resident aliens; such contracts are covered by the basic text of the FAR (48 CFR Chapter 1) and the AIDAR (48 CFR chapter 7). 175

176 (2) Personal servi ces contracts with individual Cooperating Country Nationals (CCNs) or Third Country Nationals (TCNs). Such contracts are covered by Appendix J of this chapter. (3) Other personal services arrangements covered by USAID Handbook 25 — r superseding ADS Chapters. Employment and Promotion o — (4) Interagency agreements (e.g., PASAs and RSSAs covered by ADS 306 Interagency Agreements. 4. POLICY (a) General. USAID may finance, with either program or operating expense (OE) funds, the cost of personal services contracts as part of the Agency's program of foreign assistance by entering into a direct contract with an individual U.S. citizen or U.S. resident alien for personal services abroad. (1) Program funds. Under the authority of Section 635(h) of the FAA, program funds may be obligated for periods up to five years where necessary and appropriate to the accomplishment of the tasks involved. (2) Operating Expense Funds. Pursuant to USAID budget policy, OE funded salaries and other recurrent cost items may be forward funde d 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 2 ork. necessary and appropriate to accomplishment of the w 2 If there is a need, these contracts may be written for 5 years also but funded only as outlined in paragraph 4(a) of this appendix. Limitations on Personal Services Contracts. (1) Personal services contracts may (b) only be used when adequate superv ision 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 - 76 for a representative list of such source. See Attachment A of OMB Circular A activities. (3) Notwithstanding any other provision of USAID directives, regulations or delegations, U.S. citizen personal services contractors (USPSCs) may be delegated or assigned any authority, duty or responsibility delegable to U.S. citizen di rect - hire employees (USDH employees) except that: a. They may not supervise U.S. direct - hire employees of USAID or other U.S. U.S. citizen employees. Government agencies. They may supervise USPSCs and non - 176

177 - Pursuant deviation M - DEV - AIDAR - 18 - 8c (AAPD 18 OAA 0 5) , the strikethrough text has - been replaced by the highlighted text. b. They may not be delegated authority to sign obligating or subobligating documents except when specifically designated as a Contracting Officer (CO) or an Agreement Officer (AO) in ac cordance with Subpart 1.6 of the FAR and the Agency’s applicable warrant program . (4) Exceptions. The Assistant Administrator for Management (AA/M) must approve exceptions to the limitations in (b)(3). Approval of an exception by the AA/M is not required when the Director of the Office of Acquisition and Assitance (OAA) within the Bureau for Management (M) designates a USPSC as a CO or AO . b. They may not be designated as Contracting Officers or delegated authority to sign obligating or subobligating docum ents. 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 a uthority to make a final decision on personnel selection. e. Exceptions to the limitations in this paragraph (b)(3) must be approved by the Assistant Administrator for Management (AA/M). Withholdings and Fringe Benefits. (1) Personal services contracto rs (PSCs) are (c) Government employees for purposes of the Internal Revenue Code (Title 26 of the United States Code) and are, therefore, subject to social security (FICA) and Federal income tax (FIT) withholdings. As employees, they are ineligible for the “fo reign earned income” exclusion under the Internal Revenue Service (IRS) regulations (see 26 CFR 1.911 - 3(c)(3)). (2) Personal services contractors are treated on par with other Government employees, except for programs based on any law administered by the F ederal Office of Personnel Management (e.g., incentive awards, life insurance, health insurance, and retirement programs covered by 5 CFR Parts 530, 531, 831, 870, 871, and 890). While PSCs are ineligible to participate in any of these programs, the follow ing fringe benefits are provided as a matter of policy: (i) The employer's FICA contribution for retirement purposes. Per Deviation M - The strikethrough text below has been - DEV - AIDAR - 09 - 2c - OAA replaced with the highlighted text. 177

178 (ii) A contribution again st the actual cost of the PSC's annual health and life insurance costs. Proof of health and life insurance coverage and its actual cost to the PSC shall be submitted to the Contracting Officer before any contribution is made. (See also this appendix.) paragraph 4(c)(3) of (A) The contribution for health insurance shall not exceed 50% of the actual cost to the PSC for his/her annual health insurance, or the maximum U.S. Government contribution for a direct hire employee, as announced annually by the Office o f Personnel - Management, whichever is less. If the PSC is covered under a spouse's health insurance plan, where the spouse's employer pays some or all of the health insurance costs, the cost to the PSC for annual health insurance shall be considered to be z ero. (B) The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for life insurance, not to exceed $500.00 per year. (c)(2) (ii) A contribution against the actual cost of the PSC’s annual health and life insurance costs . Proof of health and life insurance coverage and its actual cost to the PSC shall be submitted to the Contracting Officer before any contribution is made. (See also paragraph 4(c)(3) of this Appendix.) * (A) The contribution for health insurance shall not exceed 72% of the actual cost to the PSC for his/her annual health insurance, or the maximum U.S. Government contribution announced periodically by USAID’s Office of Acquisition and Assistance, whichever is less. If the PSC is covered under a spouse’s hea lth insurance plan, where the spouse’s annual employer pays some or all of the health insurance costs, the cost to the PSC for health insurance shall be considered to be zero. (B) The contribution for life insurance shall be up to 50% of the actual annual costs to the PSC for life insurance, not to exceed $500.00 per year. (iii) PSCs shall receive the same percentage pay comparability adjustment as U.S. Government employees subject to the availability of funds. (iv) PSCs shall receive a 3% annual salary inc rease subject to satisfactory performance documented in their annual written evaluation. Such increase may not exceed 3% without a deviation. This 3% limitation also applies to extensions of the same service or negotiations for a new contract for the same or similar services unless a deviation has been approved. (v) PSCs shall receive the following allowances and differentials provided in the State Department's Standardized Regulations (Government Civilians Foreign Areas) on the same basis as U.S. Governmen t employees (except for U.S. resident hires, see paragraph 4(d) and Section 12, General Provisions, Clause 22, “U.S. Resident Hire Personal Services Contractors”): 3 (A) Temporary lodging allowance (Section 120), 178

179 3 (B) Living quarters allowance (Section 130), 3 (C) Post allowance (Section 220), 3 (D) Supplemental post allowance (Section 230), 4 (E) Separate maintenance allowance (Section 260), 4 (F) Education allowance (Section 270), 4 (G) Educational travel (Section 280), (H) Post differential (Section 500), (I) Payments during evacuation/authorized departure (Section 600), and (J) Danger pay (Section 650). 3 Mission Directors may authorize per diem in lieu of these allowances. 4 These allowances are not authorized for short tours (i.e., less than a year). (vi) An y allowance or differential that is not expressly stated in paragraph 4(c)(2)(v) is not authorized for any PSC unless a deviation is approved. The only exception is a consumables allowance if authorized for the post under Handbook 22 or superseding pter. ADS Cha (vii) Health room services may be provided in accordance with the clause of this contract entitled “Physical Fitness and Health Room Privileges.” (viii) PSCs are eligible to receive benefits for injury, disability, or death under the Federal Employee s' Compensation Act since the law is administered by the Department of Labor not the Office of Personnel Management. (ix) PSCs are eligible to earn four hours of annual leave and four hours of sick leave for s PSC service (not previous U.S. each two week period. However, PSCs with previou Government civilian or military service) earn either six hours of annual leave for each two week period if their previous PSC service exceeds 3 years (including 10 hours annual leave for the final pay period of a calendar y ear), or eight hours of annual leave for each two week period if their previous PSC service exceeds 15 years. (3) A PSC who is a spouse of a current or retired Civil Service, Foreign Service, or Military Service member and who is covered by their spouse's Government health or life insurance policy is ineligible for the contribution under paragraph 4(c)(2)(ii) of this appendix. 179

180 (4) Retired U.S. Government employees shall not be paid additional contributions for health or life insurance under their contract ( since the Government will normally have already paid its contribution for the retiree) unless the employee can prove to the satisfaction of the Contracting Officer that his/her health and life insurance does not erseas. If coverage overseas is excluded, provide or specifically excludes coverage ov then eligibility as cited in paragraph 4(c)(3) applies. (5) Retired U.S. Government employees may be awarded Personal Services Contracts without any reduction in or offset against their Government annuity. (d) U.S. Resident Hire Personal Services Contractors. Pursuant to CIB 99 - 15 - The strikethrough text below has been replaced with the highlighted text. U.S. resident - hire PSCs are not eligible for any fringe benefits (except contributions for FICA, health insura nce, and life insurance), including differentials and allowances unless such individuals can demonstrate to the satisfaction of the Contracting Officer that they have received similar benefits and allowances from their immediately previous employer in the cooperating country, or the Mission Director may determine that payment of such benefits would be consistent with the Mission's policy and practice and would be in the best interests of the U.S. Government. " U.S. resident - hire PSCs are not eligible for any fringe benefits (except contributions for FICA, health insurance, allowances." and life insurance), including differentials and Determining salary for personal services contractors. (1) There are two separate and (e) ary for personal services contractors. Use of distinct methods of establishing a sal method number 1 is required unless justified and approved as provided for in paragraph (e)(1)(ii). (i) Method 1: Salaries for Personal Services Contractors shall be established based on the market value in the United States of the position being recruited for. This requires the Contracting Officer in coordination with the Technical Officer to determine the correct market value (a salary range) of the position to be filled. This method is required salary for all PSCs unless method 2 is authorized as provided for in in establishing paragraph (e)(1)(ii). Contract Information Bulletin (CIB) 96 - 8 dated February 23, 1996 provides a guide which contains information concerning Preparation of Scopes of Work, Determination of Salary Class Grade, Salary Class Bench Marks and Salary Class Review. The market value of the position then becomes the basis along with the applicants' certified salary history on the SF 171, “Personal Qualifications Statement” for salary negotiations by the Contracting Officer. The SF 171 must be retained in the permanent contract file. Any position which is determined to be above the GS - 13 equivalent and exceeds six months in duration must be classified by M/HR/POD. The ment of a realistic and reasonable market value for a job. crucial point is the establish The final determination regarding the reasonableness of a salary level rests with the 180

181 Contracting Officer. Paying salaries using this method avoids “rank in person” salaries which are in excess of the value of the job being contracted for. Method 2: (ii) If approved in writing by the Mission Director or the cognizant Assistant Administrator, based on written justification, salary may be negotiated based on the n accordance with the factors set out in applicant's current earnings adjusted i paragraphs (e)(1)(ii) (A) through (C). This approval requirement cannot be redelegated. Current earnings must be certified by the contractor on the SF 171, (see paragraph 6(b)(3) of this appendix). This is guidance for establishing initial salaries, not subsequent increases, for the same contractor performing the same function. (A) As a rule, up to a 3 percent increase above current earnings may be given. However, a 3 percent increase is awarded only to a PSC whose e arnings are based on a period of twelve months or more; 2 percent for established earnings of less than twelve months but not less than four months; or 1 percent for established earnings during the past four months. (B) Additional percentages may be given for the following factors. If a PSC has worked in a developing country for more than two years, an additional 1 percent may be awarded. Education related to the area of specialization and above the minimum qualification required may warrant an additional 1 percent, and those specialties for which there is keen competition in the employment market or a serious shortage category nationwide may be awarded an additional 2 percent. In addition, related technical experience over 5 years may increase the percentag e by 1 and over ten years by 3. (C) All requests for an initial rate of pay above 10 percent over current earnings must be approved in writing by the appropriate Assistant Administrator or Mission Director. sonably related to the position for Current earnings are actual earnings for work rea which the applicant is being considered. Paragraphs 4(e)(1)(ii) (A) through (C) apply only to salary setting method number 2 in paragraph 4 (e)(1)(ii). (2) When an applicant has no current earnings history (e.g., a perso n returning to the workforce after an absence of a number of years) or when an applicant's current earnings history doesn't accurately reflect the applicant's job market worth (e.g., a et value for the Peace Corps volunteer), every effort should be made to establish a mark position as a basis for negotiation, notwithstanding the lack of a current earnings history, provided that the applicant has the full qualifications for the job and could command a similar salary in the open job market. (3) This appendix a pplies the “USAID Contractor Salary Threshold (USAID CST)” policy in Automated Directives System (ADS) Chapter 302.3.6.8 to salaries for U.S. PSCs. Salaries in excess of the USAID CST, which is equivalent to the maximum rate for Federal agencies without a certified SES performance appraisal system, must be approved by the M/OAA Director in accordance with the approval procedures in ADS delegated. 302.3.6.8(e). This approval cannot be re - 181

182 (f) Incentive awards. - - - DEV - AIDAR - 18 - 5 c M (AAPD 16 OAA 03 Revised) - The Pursuant to Class Deviation strikethrough text below has been replaced with the highlighted text. U.S. PSCs are not eligible to receive monetary awards. They are eligible for non - monetary awards such as certificates. pate in, or be funded under, the OPMauthorized U.S. PSCs are not eligible to partici - incentive awards program for USAID direct to hire employees. U.S. PSCs are eligible monetary incentive awards as authorized under this - receive certain monetary and non section. These awards will be funded from the authorizations used to fund the PSC contract. incentive awards, eligibility, nomination and approval processes are specified The list of policies in ADS chapter 309. in internal Agency Annual salary increase. PSC contracts written for more than on e year should provide (g) for a 3% annual increase based on satisfactory performance documented in their annual written evaluations. (h) Pay comparability adjustment. PSCs shall receive the same percentage pay Government employees subject to comparability adjustment as that received by U.S. the availability of funds. (i) Subcontracting. PSCs are U.S. Government employees and may not be called upon (or permitted) to subcontract out any part of their work. Funds for subcontracting have personal services contract. Support services, equipment, no place in the budget of a and supplies (e.g., typing and report preparation, paper, pens, computers, and furniture) should be furnished to PSCs just as they would be to direct hire employees. To the - - extent that direct ersonnel may be authorized to purchase supporting services or hire p supplies under a travel authorization, so may PSCs; otherwise, contracts for personal services should not contain any funds for procurement. Pursuant to class deviation – M - OAA - DEV - AIDAR - 17 - 02c (ADS 309mad) – The strikethough text has been replaced with the highlighted text. 5. Publicizing and Competition of Personal Services Contracts. (a) Publicizing. Solicitations for personal services contracts must be publicized in the GPE located at http:/ /www.fedbizopps.gov (FBO) to meet the requirements of (48 CFR ) FAR part 5. In addition to publicizing in the GPE, the M/OAA Director, acting as Head of the Agency under the authority of AIDAR 701.601(a)(1), has authorized USAID ce paid advertisements and notices in newspapers and contracting officers to pla periodicals. This specific authorization is found in AIDAR 705.502 and is subject to the requirements and limitations in (48 CFR) FAR subpart 5.1. Any advertisements and 182

183 notices in addition to the GPE mu st be approved by the cognizant CO and must not be released prior to publication in the GPE. (b) Exceptions to publicizing. (1) In accordance with a determination made by the Senior Procurement Executive in AIDAR 705.102, the contracting officer does not need to publicize in the GPE solicitations for awards issued under the authorities in (48 CFR) AIDAR 706.302 - 70(b)(1) and AIDAR 706.302 - 70(b)(5) for the categories of PSCs listed below. This exception must not be used for USPSCs serving in the United State s, its territories and possessions, and does not authorize the contracting officer to limit competition unless the required exceptions to competition have been met. (i) A Resident Hire U.S. personal services contractor (USPSC), as defined in this , awarded under the authority in (48 CFR) AIDAR 706.302 - 70(b)(1); Appendix (ii) A USPSC for six months or less in duration for services abroad awarded under the authorities in 706.302 - 70(b)(1). (iii) An extension or renewal of a USPSC with the same individual for the same services at the same mission, or operating unit within a Bureau or Independent Office awarded - under the authority in (48 CFR) AIDAR 706.302 70(b)(5). (2) As required in (48 CFR) FAR 5.201, when using the authorities in 706.302 70(b)(5) - racting officer must publicize the advance notice of proposed contract action in the cont the GPE. However, when the authority at 706.302 - 70(b)(1) is used, advance notice of proposed contract action is not required in accordance with the Head of Agency determinatio n in (48 CFR) AIDAR 705.202. (c) Competition. Personal services contracts are subject to full and open competition in accordance with (48 CFR) FAR Part 6. Any exception to competition must be FAR Part 6 and authorized, prepared and approved in accordance with (48 CFR) AIDAR part 706. (d) Other than Full and Open Competition. (1) (48 CFR) AIDAR 706.302 - 70(b)(1) authorizes, under certain conditions, contracting for personal services abroad without providing for full and open competition. This authority mu st not be used for USPSCs serving in the United States, its territories and possessions. When using this exception for USPSCs serving abroad, the contracting 70(c) are met: officer must ensure the following limitations in (48 CFR) AIDAR 706.302 - 183

184 (i) As req uired in FAR 6.301, offers must be requested from as many potential offerors as is practicable under the circumstances, and (ii) A J&A supporting other than full and open competition must be prepared in accordance with (48 CFR) FAR 6.303 and approved in a ccordance with (48 CFR) FAR 6.304. For Resident Hire USPSCs a class J&A has been approved by the USAID Senior Procurement Executive and is available in the Automated Directive System (ADS) prepare and sign a Chapter 309. When using the class J&A, the contracting officer must written statement that the contract is being awarded pursuant to (48 CFR) AIDAR 706.302 - 70(b)(1); the conditions for use of the class justification have been met; and the cost of the contract is fair and reasonable. If the appropriate l imited competitive procedures and other conditions of the class J&A are not met, the contracting officer - 70(c). The must prepare a separate J&A as required under (48 CFR) AIDAR 706.302 class J&A must not be used for USPSCs recruited from outside the cooper ating country (internationally - hired) or for USPSCs serving in the United States. (2) (48 CFR) AIDAR 706.302 - 70(b)(5) authorizes awarding an extension or renewal of a USPSC with the same individual for the same services at the same mission, or operating u nit within a Bureau or Independent Office without providing full and open competition. When using this exception the contracting officer must: (i) Prepare a J&A in accordance with (48 CFR) FAR 6.303; publicize the J&A as required by (48 CFR) FAR 6.305; an d meet other requirements in (48 CFR) AIDAR 706.302 - 70(c); (ii) For an extension in excess of one year or over $250,000, obtain the approval of the Agency Competition Advocate, as required in (48 CFR) AIDAR 706.302 70(c); and - (iii) Publicize the synopsis of proposed contract action in accordance with (48 CFR) FAR 5.201, as required in (48 CFR) AIDAR 706.302 - 70(c). 5. Soliciting for Personal Services Contracts. (a) Technical Officer's responsibilities. The Technical Officer will prepare a written detailed statement of duties and a statement of minimum qualifications to cover the position being recruited for. The statement shall be included in the procurement request (the Acquisition & Assistance Request Document) e.g., the request shall also include the fol lowing 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; 184

185 (4) An estimate of what a comparable GS/FS equivalent position should cost, including basic salary, allowances, and differentials, if ap propriate; and (5) A list of Government or host country furnished items (e.g., housing). Contracting Officer's responsibilities. (1) The Contracting Officer will prepare the (b) solicitation for personal services which shall contain: (i) Three sets of SF 171s and SF 171As. (Upon receipt, one copy of each SF 171 and SF 171A shall be forwarded to the Project Officer.) (ii) A detailed statement of duties or a completed position description for the position being recruited for. (iii) A copy of the prescribed c ontract Cover Page, Contract Schedule, General Provisions as appropriate, as well as the FAR Clauses to be incorporated in full text and by reference. (iv) A copy of the USAID General Notice entitled “Employee Review of the New Standards of Conduct”. (2) T he Contracting Officer shall comply with the requirements of (48 CFR) AIDAR 706.302 - 70(c) as detailed in paragraph 5(c) except those recruited from the U.S. (c) Competition. 70(b)(1), Personal Services (1) Under (48 CFR) AIDAR 706.302 - Contracts (except tho se recruited from the U.S.) are exempt from the requirements for full and open competition with two limitations that must be observed by Contracting Officers: (i) Offers are to be requested from as many potential offerors as is practicable under the stances, and circum (ii) A justification supporting less than full and open competition must be prepared in accordance with FAR 6.303. (2) PSCs with Untied States citizens or resident aliens recruited from outside the cooperating country. Solicitations for PSCs recruited outside the cooperating country must be publicized via the Agency's External Home Page on the Internet under the caption “Business & Procurement, USAID Procurements.” Instructions regarding how to access the External Internet and the information to be provided have been approved and included in a CIB. A justification under FAR 6.303 is not required when this procedure is followed. (3) A class justification was approved by the USAID Procurement Executive to satisfy 70(c)(2) for a justification in accordance the requirements of (48 CFR) AIDA R 706.302 - with FAR 6.303. This class justification for Personal Services Contracts with U.S. 185

186 Citizens may only be used for those who are recruited locally subject to the following conditions: publicized locally in accordance with established Mission policy or (i) The position was procedure, or the procedures in paragraph 5(c)(ii) was followed; (ii) As an alternative to the procedures in paragraphs 5(c) (i) and (ii), at least 3 ing source lists (e.g., applications or resumes on individuals were considered by consult hand) or conducting other informal solicitation. (iii) Extensions or renewals with the same individual for continuing services do not need to be publicized. (iv) A copy of the class justification (which wa s 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 6.302 - 70(b)(1); that the conditions for use of awarded pursuant to (48 CFR) AIDAR 70 this class justification have been met; and that the cost of the contract is fair and reasonable. (4) If the appropriate competitive procedure in paragraph 5(3) is not followed, the Contracting Officer must pr epare a separate justification as required under (48 CFR) AIDAR 706.302 - 70(c)(2). (5) Since the award of a Personal Services Contract is based on technical qualifications, not price, and since the SF 171, “Personal Qualifications Statement”, and SF 171A, “ Continuation Sheet for Standard Form 171”, are used to solicit for such contracts, FAR subparts 15.4 and 15.5 and FAR parts 52 and 53 are inappropriate and shall not be used. Instead, the solicitation and selection procedures outlined in this Appendix shal l govern. NEGOTIATING A PERSONAL SERVICES CONTRACT . 6. Negotiating a Personal Services Contract is significantly different from negotiating a - employee nonpersonal services contract because it establishes an employer relationship; therefore, the selection p rocedures are more akin to the personnel selection procedures. (a) The Technical Officer shall be responsible for Technical Officer's responsibilities. reviewing and evaluating the applications (i.e., SF 171s) received in response to the solicitation issue d by the Contracting Officer. If deemed appropriate, interviews may be conducted with the applicants before the final selection is submitted to the Contracting Officer. (b) Contracting Officer's responsibilities. (1) The Contracting Officer shall forward a copy of each SF 171 received under the solicitation to the Project Officer for evaluation. 186

187 (2) On receipt of the Technical Officer's recommendation, the Contracting Officer shall conduct negotiations with the recommended applicant. Normally, the Contracti ng Officer shall negotiate only the salary (see the salary setting coverage in paragraph 4(e) of this Appendix). The terms and conditions of the contract, including differentials and viation (see allowances, are not negotiable or waivable without a properly approved de (48 CFR) AIDAR 701.470). If the Contracting Officer can negotiate a salary that is fair and reasonable, then the award shall be made. (3) The Contracting Officer shall use the certified salary history on the SF 171 as the basis for salary nego tiations, along with the market value of the position being recruited for (unless approval not to use market value has been granted under paragraph 4(e)(1)(ii)), and the Technical Officer's cost estimate. (4) The Contracting Officer will obtain two copies - 4, “Employee's of IRS Form W Withholding Allowance Certificate”, from the successful applicant. (Upon receipt, the Contracting Officer will forward one copy of the W - 4 to the Office of the Controller.) (5) Security clearance is required for all U.S. citize ns entering into USAID PSCs. The Contracting Officer will obtain four sets of SF 86, “Security Investigation Data for Sensitive Position”, from the successful applicant and forward them to the Office of Security. PSCs may receive a preliminary clearance an d be placed under contract prior to receipt of clearance provided the appropriate paper work has been completed, reviewed by IG/SEC/PSI and acknowledged as a “no objection” to the appropriate . Mission. See General Provision 24 in section 12 of this appendix EXECUTING A PERSONAL SERVICES CONTRACT 7. Contracting Officers or Heads of Contracting Activities, whether USAID/W or Mission, may execute Personal Services Contracts, provided that the amount of the contract does not exceed the contracting authority tha t has been redelegated to them. In executing a Personal Services Contract, the Contracting Officer is responsible for insuring that: (a) The proposed contract is within his/her delegated authority; (b) A Request Number covering the proposed contract has be en received; (c) The position has been classified by either the Mission or M/HR/POD (see CIB 96 - 8) and the classification is in the contract file; (d) The proposed Statement of Duties is contractible, contains a statement of minimum qualifications from the technical office requesting the services, and is suitable to the use of a Personal Services Contract in that: 187

188 (1) Performance of the proposed work requires or is best suited for an employer - - employee relationship, and is thus not suited to the use of a non personal services contract; (2) The Statement of Duties does not require performance of any function normally reserved for Federal employees (see paragraph 4(b) of this Appendix); and (3) There is no apparent conflict of interest involved (if the Contract ing Officer believes that a conflict of interest may exist, the question should be referred to the cognizant legal counsel); (e) Selection of the contractor is documented and justified. (48 CFR) AIDAR 706.302 - 70(b)(1) provides an exception to the requireme nt for full and open competition for Personal Services Contracts abroad (see paragraph 5(c) of this appendix); (f) The standard contract format prescribed for Personal Services Contracts (Sections 10, 11, 12 and 13 to this appendix) is used; or that any ne cessary deviations are processed as required by (48 CFR) AIDAR 701.470. (Note: The prescribed contract format is designed for use with contractors who are residing in the U.S. when hired. If the contract is with a U.S. citizen residing in the cooperating c ountry when hired, contract provisions governing physical fitness and travel/transportation expenses, and home leave, allowances, and orientation should be suitably modified (see paragraph 4(d) of this appendix)). iations subject to (48 CFR) AIDAR 701.470. These modifications are not considered dev (Justification and explanation of these modifications is to be included in the contract file); (g) Orientation is arranged in accordance with General Provision 23 in section 12 of this appendix; (h) The contractor has submitted the names, addresses, and telephone numbers of at least two persons who may be notified in the event of an emergency (this information is to be retained in the contract file); (i) The contract is complete and correct and all information requ ired on the contract Cover Page (USAID Form 1420 - 36A) has been entered; (j) The contract has been signed by the Contracting Office and the contractor, and fully executed copies are properly distributed; (k) The following clearances, approvals and forms hav e been obtained, properly completed, and placed in the contract file before the contract is signed by both parties; 188

189 (1) Evidence of job classification in the file by the Mission except for grade equivalents above GS alent above GS - 13, evidence of job - 13. For those positions with grade equiv classification done by M/HR/POD; (2) Security clearance, including the completed SF 86, to the extent required by USAID Handbook 6, Security or superseding ADS Chapter, (see General Provisions 14 and 24 in section 12 of t his appendix); (3) Mission, host country, Human Resources Office, and technical office clearance, as appropriate; (4) Medical examinations and certifications as required by the contract general provision entitled “Physical Fitness and Health Room Privilege s”; (5) One original executed IRS Form W 4 entitled “Employee's Withholding Allowance - Certificate”, and one copy, shall be obtained. The original shall be sent to the Controller of the paying office and one shall be placed in the contract file; (6) Evidenc e of DAA/HR clearance that the position may be filled by PSC. (7) The approval for any salary in excess of the “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate for Federal agencies without a certified SES performance appraisal system, in accordance with approval procedures in ADS 302.3.6.8(e) as required in Section 4.(e)(3); (8) A copy of the class justification or other appropriate explanation and support - 70, if applicable; required by (48 CFR) AIDAR 706.302 (9) Any deviation to the policy or procedures of this appendix, processed and approved under (48 CFR) AIDAR 701.470; (10) A fully executed SF 171, and a copy of the position classification, and approved deviation, if appropriate; (11) The Memorandum of Negotiation ; and (12) The Contracting Officer's signed certification that competition requirements have been satisfied as described in paragraph 5(c) of the policy text of this Appendix. The certification shall be a part of the Memorandum of Negotiations. (l) Funds f or the contract are properly obligated to preclude violation of the Anti - Deficiency Act, 31 U.S.C. 1341 (the Contracting Officer ensures that the contract has been properly recorded by the appropriate accounting office prior to its release for the e of the selected contractor); signatur 189

190 (m) The contractor receives and understands the USAID General Notice entitled “Employee Review of the New Standards of Conduct” and a copy is attached to each section 12; contract as provided for in paragraph (c) of General Provision 1, (n) Agency conflict of interest requirements as set out in the General Notice “Employee Review of the New Standards of Conduct” are met by the contractor prior to his/her reporting for duty; (o) A copy of a Checklist for Personal Services contr actors which may be in the format set out in this section or another format convenient for the Contracting Officer, provided that a memorandum containing all of the information described in this section 7 shall be prepared for each PSC and placed in the co ntract file; (p) The contractor understands that he/she is an employee of the United States for purposes of the Foreign Assistance Act of 1961, as amended, and the Internal Revenue thholding for Code (Title 26 of the United States Code). This subjects the employee to wi both FICA and Federal Income Tax and precludes the employee from receiving the Federal Earned Income Tax exclusion of 26 U.S.C. Section 911. See Special Note on the Cover Page of USAID Form 1420 - 36. (q) The contractor also understands that he /she may commence work prior to the completion of the security clearance. However, until such time as clearance is received, the contractor may not have access to classified or administratively controlled materials. Failure to obtain clearances will consti tute cause for termination. 8. POST AUDIT The Inspector General, or his/her designee, audits the Personal Services Contracts of all contracting activities for the purpose of ensuring conformance to applicable policy and regulations. CONTRACTING FORMAT 9. his section 9 is pending AIDAR revision. COs must use the mandatory PSC T M/OAA/PDT website , available internally only. Award Template at the The prescribed Contract Cover Page, Contract Schedule, General Provisions, and appropriate Federal Acquisition Regu lations (FAR) clauses for Personal Services Contracts covered by this appendix are included as follows: 10. Form USAID 1420 - 36 , “Cover Page” and “Schedule”. 11. Optional Schedule With a U.S. Citizen or U.S. Resident Alien . General Provisions. 12. 190

191 FAR Clauses to be Incorporated in Full Text in Personal Services Contracts. 13. 14. FAR Clauses to be incorporated by reference in Personal Services Contracts. 10. Form USAID 1420 - 36, “Cover Page” and “Schedule”. Th is section is pending AIDAR revision. COs must use the mandatory PSC 10 M/OAA/PDT website , available internally only. Award Template at the Contract With a U.S. Citizen or U.S. Resident Alien for Personal Services Abroad — Form AID 1420 - 36A (11/96) (Cover Pa ge) 191

192 View or download PDF PRIVACY ACT STATEMENT 93 - 579 (Privacy Act of 1974), This information is provided pursuant to Public Law December 31, 1974, for individuals who complete this form. The Executive Office of the President, Office of Management and Budget has required that all departments and agencies comply with the reporting requirements of Sectio n 6041 of the Internal Revenue Code, Section 6041 states that all departments and agencies making payments totalling $600 or more in one year to a recipient for services provided must be reported to the Internal Revenue Service (IRS). The SSN and all finan cial numbers will be disclosed to U.S. Agency for International Development (USAID) payroll office personnel and personnel in the Department of the Treasury, - 2 of the Code Division of Disbursements. USAID will use this SSN to complete Form W on employee co mpensation. Disclosure by the personal services contractor of the SSN is necessary to obtain the services, benefits or processes provided by this contract. Disclosure of the SSN may be made outside USAID (a) pursuant to any applicable routine use listed in USAID's Notice for implementing the Privacy Act as published in the Federal Register or (b) when disclosure by virtue of a contract being a public document after signatures is authorized under the Freedom of Information Act. SCHEDULE edule consists of this Table of Contents (The Illustrated Sch — Articles I - VI, and the General Provisions.) TABLE OF CONTENTS — Statement of Duties Article I — Article II Period of Service Overseas Article III — Contractor's Compensation and Reimbursement in U.S. Dollars Article IV — Co sts Reimbursable and Logistic Support Article V Precontract Expenses — Article VI — Additional Clauses GENERAL PROVISIONS The following provisions numbered as shown below omitting number(s) ___, are the General Provisions (GPs) of this Contract: 192

193 1. Definition s 2. Laws and Regulations Applicable Abroad 3. Physical Fitness and Health Room Privileges 4. Workweek and Compensation (Pay Comparability Adjustments) 5. Leave and Holidays 6. Differential and Allowances 7. Social Security, Federal Income Tax and Foreign Earned Income 8. Advance of Dollar Funds 9. Insurance 10. Travel and Transportation Expenses 11. Payment 12. Conversion of U.S. Dollars to Local Currency 13. Post of Assignment Privileges 14. Security Requirements 15. Contractor - Mission Relationships 16. Termination 17. Release of Information 18. Notices 19. Reports 20. Use of Pouch Facilities 21. Biographical Data 22. Resident Hire PSC 23. Orientation and Language Training 193

194 24. Conditions for Contracting Prior to Receipt of Security Clearance l Evacuation Services 25. Medica 26. Governing Law For each tour of duty, attach the applicable General Provisions. Schedule: (Note: Use of the following Schedule Articles are not mandatory. They are intended to serve as guidelines for contracting offices in draftin g contract schedules. Article language may be changed to suit the needs of the particular contract). Article I — Statement of Duties (The statement of duties shall include: A. General statement of the purpose of the contract. B. Statement of duties to be per formed. C. Any USAID consultation or orientation.) Article II — Period of Service Overseas Within ___ days after written notice from the Contracting Officer that all clearances, ision including the doctor's statement of medical opinion required under General Prov Clause 4, have been received or unless another date is specified by the Contracting Officer in writing, the contractor shall proceed to ___ where he/she shall promptly commence performance of the duties specified above. The contractor's period of ser vice overseas shall be approximately ___ in ___. (Specify time of duties in each location as well as authorized stopovers with purpose of each.) Article III — Contractor's Compensation and Reimbursement in U.S. Dollars A. Except to the extent reimbursement is payable in the currency of the Cooperating Country pursuant to Article IV, USAID shall pay the contractor compensation after it has accrued and reimburse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/her in the perf ormance of this contract within the categories listed in paragraph C, below, and subject to the conditions and limitations applicable thereto as set out herein and in the attached General Provisions (GP). B. The amount budgeted and available as personal co mpensation to the contractor is calculated to cover a calendar period of approximately ___ (days) (weeks) (months) (years) which is to include: 194

195 (1) vacation, sick, and home leave which may be earned during the contractor's tour of duty (GP Clause 5); __ days for authorized travel (GP Clause 10); and (2) _ (3) ___ days for orientation and consultation in the United States (GP Clause 23). C. Allowable Costs: 1. Compensation at the rate of $___ per (year) (month) (week) (day). Adjustments in compensation (pay) for periods when the contractor is not in compensable pay status shall be calculated as follows: Rate of $___ per (day) (hour). Contingency for Compensation (Pay Comparability) Adjustments. $___. Annual Salary increase (3%) $___. 2. Overtime (Unless specif ically authorized in the Schedule of this contract, no overtime hours shall be allowed hereunder.) $___. *3. Overseas Differential (Ref. GP Clause No. 6.) Rate $___ and Contingency $___ = Total $___. *If post differential is applicable to the assigned post , a contingency for the adjusted amount of differential resulting from compensation (pay comparability) adjustment should be included. **4. Allowances in Cooperating Country (Ref. GP Clause 6.) $___. ludes the value of GTRs **5. Travel and Transportation (Ref. GP Clause 10.) (Inc furnished by the Government, not payable to contractor). $___. $___ a. United States b. International $___ c. Cooperating and Third Country $___ Subtotal Item 5 $___ **6. Subsistence or Per Diem (Ref. GP Clause 10.) **Do not include the value of any costs to be paid or reimbursed in local currency. $___ a. Untied States 195

196 b. International $___ $___. c. Cooperating and Third Country $___ Subtotal Item 6 7. Other Direct Costs. a. Health and Life Insturance $___ b. Preco ntract Costs, passport, visa, inoculations, etc. (Ref. GP Clause 8.) $___ c. Physical Examination (Ref. GP Clause 3.) $___ d. Communications, Miscellaneous. $___ Subtotal Item 7 $___ 8. F.I.C.A. - U.S.G. Contribution (not payable to contractor). $___ D. Maximum U.S. - Dollar Obligation: - In no event shall the maximum U.S. dollar obligation under this contract exceed $___. Contractor shall keep a close account of all obligations he/she incurs and accrues er whenever in his/her opinion the hereunder and promptly notify the Contracting Offic said maximum is not sufficient to cover all compensation and costs reimbursable in U.S. dollars which he/she anticipates under the contract. Article IV — Costs Reimbursable and Logistic Support A. General: The contractor sh all be provided with or reimbursed in local currency (___) for the following: [Complete] B. Method of Payment of Local Currency Costs: Those contract costs which are specified as local currency costs in paragraph A above, if not furnished in kind by the co operating government or the Mission, shall be paid to the contractor in a manner adapted to the local situation, based on vouchers submitted in accordance with General Provision Clause 11. The documentation for such costs shall be on such forms and in such manner as the Mission Director shall prescribe. [Complete] Precontract Expenses Article V — 196

197 No expense incurred before execution of this contract will be reimbursed unless such expense was incurred after receipt and acceptance of a precontract expense lette r issued to the contractor by the Contracting Officer, and then only in accordance with the provisions and limitations contained in such letter. The rights and obligations created by such letter shall be considered as merged into this contract. — Article VI Additional Clauses (Additional Schedule Clauses may be added such as the implementation of General Provisions or Additional Clauses.) 11. Optional Schedule With a U.S. Citizen or U.S. Resident Alien A U.S. Citizen or a U.S. Resident Alien PSC Contract No. _ __ TABLE OF CONTENTS (Optional Schedule) (Use of the Optional Schedule is not mandatory. It is intended to serve as an alternate procedure for OE funded U.S. PSCs or U.S. Resident Alien PSCs. The Schedule is for use when the Contracting Officer anticipates incremental recurring cost funded contracts. Use of the Optional Schedule eliminates the need to amend the contract each time funds are obligated. However, the Contracting Officer is required to amend each contract not less than twice during a 12 month pe riod to ensure that the contract record of obligations is up to date and agrees with the figures in the master funding document.) The Schedule on pages ___ thru ___ consists of this Table of Contents and the following Articles: — Statement of Dutie Article I s Article II — Period of Service Overseas Article III — Contractor's Compensation and Reimbursement in U.S. Dollars Article IV Costs Reimbursable and Logistic Support — Article V — Precontract Expenses Article VI — Additional Clauses GENERAL PROVISIONS 197

198 The following provisions, numbered as shown below, omitting number(s) ___, are the General Provisions (GP) of this Contract: 1. Definitions 2. Laws and Regulations Applicable Abroad 3. Physical Fitness and Health Room Privileges 4. Workweek and Compensation (Pay Compar ability Adjustments) 5. Leave and Holidays 6. Differential and Allowances 7. Social Security and Federal Income Tax 8. Advance of Dollar Funds 9. Insurance 10. Travel and Transportation Expenses 11. Payment 12. Conversion of U.S. Dollars of Local Currency 13. Post of Assignment Privileges 14. Security Requirements 15. Contractor - Mission Relationships 16. Termination 17. Release of Information 18. Notices 19. Reports 20. Use of Pouch Facilities 21. Biographical Data 22. Resident Hire PSC 198

199 23. Orientation and Language Training 24. Conditions for Contracting Prior to Receipt of Security Clearance 25. Medical Evacuation Services 26. Governing Law For each tour of duty, attach the applicable General Provisions. Article I — Statement of Duties. (The statement of duti es shall include: A. General statement of the purpose of the contract. B. Statement of duties to be performed. C. Any USAID consultation or orientation.) Article II — Period of Service Overseas. Within ___ days after written notice form the Contracting Offic er that all clearances, including the doctor's statement of medical opinion required under General Provision Clause 3, have been received or unless another date is specified by the Contracting e/she shall promptly Officer in writing, the contractor shall proceed to ___ where h commence performance of the duties specified above. The contractor's period of service overseas shall be approximately ___ in ___. (Specify time of duties in each location as well as authorized stopovers with purpose of each.) Article — Contractor's Compensation and Reimbursement in U.S. Dollars. III A. Except to the extent reimbursement is payable in the currency of the Cooperating Country pursuant to Article IV, USAID shall pay the contractor compensation after it has accrued and reimbu rse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/her in the performance of this contract within the categories listed in paragraph C, below, and subject to the conditions and limitations applicable thereto as set out herein and in the attached General Provisions (GP). B. The amount budgeted and available as personal compensation to the contractor is calculated to cover a calendar period of approximately ___ (days) (weeks) (months) (years) which is to include: 1. Vacati on, sick, and home leave which may be earned during the contractor's tour of duty (GP Clause 5); 199

200 2. ___ days for authorized travel (GP Clause 10); and 3. ___ days for orientation and consultation in the United States (GP Clause 23). C. Allowable Costs: 1. The following illustrative budget details allowable costs under this contract and provides estimated incremental recurrent cost funding in the total amount shown. Additional funds for the full term of this contract will be provided by the preparation of a master PSC funding document issued by the Mission Controller for the purpose of providing additional funding for a specific period. The master PSC funding document will be attached to this contract and will form a part of the executed contract while also s erving to amend the budget. 2. Compensation at the rate of $___ per (year) (month) (week) (day). Adjustments in compensation (pay) for periods when the contractor is not in compensable pay status shall be calculated as follows: Rate of $___ per (day) (hour ). Contingency for Compensation (Pay Comparability Adjustments.) $___ Annual Salary increase (3%) $___ 3. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall be allowed hereunder.) $___ al (Ref. GP Clause No. 6.) Rate $___ and Contingency $___ = *4. Overseas Differenti Total $___. **5. Allowances in Cooperating Country (Ref. GP Clause 6.) $___ *If post differential is applicable to the assigned post, a contingency for the adjusted amount of differential resultin g from compensation (pay comparability) adjustment should be included. **6. Travel and Transportation (Ref. GP Clause 10.) (Includes the value of GTRs furnished by the Government, not payable to contractor). $___. **Do not include the value of any costs to be paid or reimbursed in local currency. a. United States $___ b. International $___ c. Cooperating and Third Country $___ $___ Subtotal Item 6 200

201 **7. Subsistence or Per Diem (Ref. GP Clause 10.) a. United States $___ b. International $___ c. Co $___ operating and Third Country Subtotal Item 7 $___ **8. Other Direct Costs a. Health and Life Insurance (Ref. GP Clause 9.) $___ b. Precontract Costs, passport, visa, inoculations, etc. (Ref. GP Clause 8.) $___ c. Physical Examination (Ref. GP C lause 3.) $___ d. Communications, Miscellaneous Subtotal Item 8 $___ 9. F.I.C.A. — U.S.G. contribution (not payable to contractor). $___ D. Maximum U.S. - - dollar Dollar Obligation: In no event shall the maximum U.S. $___. obligation under this contract exceed - related contract actions will be made by processing E. Salary changes and personnel the same forms as used in making such changes and actions for direct hire employees. - When issued by the Contracting Officer, the forms utilized will be attached to th e contract and will form a part of the contract terms and conditions. F. Any adjustment or increase in the compensation granted to direct - hire employees will be allowed for in PSCs subject to the availability of funds. Such an adjustment will be y a mass pay adjustment notice from the Contracting Officer, which will be effected b attached to the contract and form a part of the executed contract. G. At the end of each year of satisfactory service, PSC contractors will be eligible to receive an increase equal to 3% pending availability of funds provided their services have been satisfactory. Such increase will be effected by the execution of an SF - 1126, payroll change slip which is to be attached to each contract and each action forms a part of the official con tract file. H. The master PSC funding document may not exceed the term or estimated total cost of this contract. Notwithstanding that additional funds are obligated under this contract through the issuance and attachment of the master PSC funding document, all other contract terms and conditions remain in full effect. 201

202 Article IV — Costs Reimbursable and Logistic Support A. General: The contractor shall be provided with or reimbursed in local currency (___) for the following: [Complete] B. Method of Payment of Local Currency Costs: Those contract costs which are specified as local currency costs in paragraph A above, if not furnished in kind by the cooperating government or the Mission, shall be paid to the contractor in a manner adapted to the local situation, based on vouchers submitted in accordance with General Provision Clause 12. The documentation for such costs shall be on such forms and in such manner as the Mission Director shall prescribe. Article V — Precontract Expenses No expense incurred before execu tion 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 cont ained in such letter. The rights and obligations created by such letter shall be considered as merged into this contract. Article VI — Additional Clauses (Additional Schedule Clauses may be added such as the implementation of General Provisions or Additional Clauses.) 12. General Provisions Contract w ith a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad The following clauses are to be used (when applicable), for both tours of duty of less than 1 year as well as 1 year or more. Index of Clau ses 1. Definitions 2. Compliance with Laws and Regulations Applicable Abroad 3. Physical Fitness and Health Room Privileges 4. Workweek and Compensation (Pay Comparability Adjustments) 5. Leave and Holidays 202

203 6. Differential and Allowances , Federal Income Tax, and Foreign Earned Income 7. Social Security 8. Advance of Dollar Funds 9. Insurance 10. Travel and Transportation Expenses 11. Payment 12. Conversion of U.S. Dollars to Local Currency 13. Post of Assignment Privileges 14. Security Requirements 15. Cont ractor - Mission Relationships 16. Termination 17. Release of Information 18. Notices 19. Reports 20. Use of Pouch Facilities 21. Biographical Data 22. U.S. Resident Hire Personal Services Contractor 23. Orientation and Language Training 24. Conditions for C ontracting Prior to Receipt of Security Clearance 25. Medical Evacuation (MEDEVAC) Services 26. Governing Law (June 1990) 1. DEFINITIONS 203

204 (a) USAID shall mean the U.S. Agency for International Development. the Deputy Administrator of USAID. Administrator shall mean the Administrator or (b) (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 th e Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. Contractor shall mean the individual engaged to serve under this contract. (d) (e) shall mean the foreign country in or for which services are to Cooperating Country be rendered hereunder. Cooperating Government shall mean the government of the Cooperating Country. (f) Government shall mean the United States Government. (g) (h) Local currency shall mean the currency of the Cooperating Country. (i) Miss ion shall mean the United States USAID Mission, or principal USAID office, in the Cooperating Country, or USAID/Washington (USAID/W). Mission Director shall mean the principal officer in the Mission in the Cooperating (j) Country, or his/her designated rep resentative. Technical Officer (k) shall mean the USAID official to whom the contractor reports, and who is responsible for monitoring the contractor's performance. (l) Tour of duty shall mean the contractor's period of service under this contract and shal l include orientation in the United States (less language training), authorized leave, and international travel. (m) shall mean — Traveler (1) The contractor in authorized travel status or (2) Dependents of the contractor who are in authorized travel statu s. (n) Dependents means: (1)Spouse. (2) Children (including step and adopted children) who are unmarried and under 21 support. years of age or, regardless of age, are incapable of self - 204

205 (3) Parents (including step and legally adoptive parents) of the emplo yee or of the spouse, when such parents are at least 51 percent dependent on the contractor for support. (4) Sisters and brothers (including step or adoptive sisters or brothers) of the contractor, or of the spouse, when such sisters and brothers are at le ast 51 percent dependent on the contractor for support, unmarried and under 21 years of age, or regardless of age, - support. are incapable of self (o) U.S. Resident Alien, as used in this contract, shall mean an alien immigrant, legally resident in the Unit ed States, the Commonwealth of Puerto Rico, or the possessions of the United States, and having a valid “Alien Registration and Receipt Card” (Immigration and Naturalization Service forms I - 151 or I - 551). 17 M - OAA - DEV - AIDAR - Pursuant to Class Deviation - 02c - The strikethrough text below has been replaced with the highlighted text. (p) U.S. Resident Hire Personal Services Contractor (PSC) means a U.S. citizen who, at the time of hiring as a PSC, resides in the Cooperating Country: ent of a U.S. citizen employed by a U.S. Government Agency (1) As a spouse or depend - financed contract or agreement, or or under any U.S. Government (2) For reasons other than for employment with a U.S. Government Agency or under - financed contract or agreement. any U.S. Government A U.S. citizen for purposes of this definition also includes a person who at the time of contracting, is a lawfully admitted permanent resident of the United States. (p) Resident Hire U.S. Personal Services Contractor (PSC) means a U.S. citizen or residen t alien who, at the time of hire as a PSC, resides in the cooperating country -- (i) for reasons other than employment that provides for repatriation to the U.S., including -- (A) with a U.S. Government agency; (B) under any U.S. Government - financed con tract or agreement; or (C) under any other contract or employment arrangement. (ii) as a spouse or dependent of a U.S. citizen with employment that provides for repatriation to the U.S., including -- (A) with a U.S. Government agency; 205

206 (B) under any U.S. financed contract or agreement; or Government - (C) under any other contract or employment arrangement. A U.S. citizen for purposes of this definition also includes persons who at the time of ited States. contracting are lawfully admitted permanent residents of the Un 2. COMPLIANCE WITH LAWS AND REGULATIONS APPLICABLE ABROAD (JULY 1993 ) Conformity to Laws and Regulations of the Cooperating Country. Contractor agrees (a) that, while in the cooperating country, he/she as well as authorized dependents will ab ide by all applicable laws and regulations of the cooperating country and political subdivisions thereof. Purchase or Sale of Personal Property or Automobiles. To the extent permitted by (b) personal property or the cooperating country, the purchase, sale, import, or export of automobiles in the cooperating country by the contractor shall be subject to the same citizen direct - - limitations and prohibitions which apply to Mission U.S. hire employees. (c) Code of Conduct. The contractor shall, during his/her to ur 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 e entitled “Employee provisions of 18 U.S.C. 202(a) and the USAID General Notic Review of the New Standards of Conduct” pursuant to 5 CFR part 2635. The contractor acknowledges receipt of a copy of these documents by his/her acceptance of this contract. 3. PHYSICAL FITNESS AND HEALTH ROOM PRIVILEGES (APR 7) (a) P hysical Fitness. (1) For all assignments outside of the United States the contractor and any authorized dependents shall be required to be examined by a licensed doctor of medicine, and the contractor shall obtain from the doctor a statement of medical opi nion that, in the doctor's opinion, the contractor is physically able to engage in the type of activity for which he/she is to be employed under the contract, and the contractor and any dependents are physically able to reside in the Cooperating Country. A copy of the statement(s) shall be provided to the Contracting Officer prior to the contractor's departure for the Cooperating Country, or for a U.S. resident hire, before he/she starts work under the contract. (2) For assignments of 60 days or more in the Cooperating Country, the Contracting Officer shall provide the contractor and all authorized dependents copies of the “USAID 206

207 Contractor Employee Physical Examination Form”. This form is for collection of information; it has been reviewed and approved by O MB, and assigned Control No. - 0412 0536. Information required by the Paperwork Reduction Act (burden estimate, points of contract, and OMB approval expiration date) is printed on the form. The examination from a contractor and all authorized dependents shall obtain a physical licensed physician, who will complete the form for each individual. The contractor will deliver the physical examination form(s) to the Embassy health unit in the Cooperating Country. A copy of the doctor's statement of medical opinion at the end of the form which identifies the contractor or dependent by name may be used to meet the requirement in (a)(1) above. (3) For end of - tour the contractor and his/her authorized dependents are authorized - physical examinations within 60 days after completion of the contractor's tour - of - duty. Pursuant to Class Deviation M - OAA - DEV - AIDAR - 09 - 02c ( AAPD 10 - 01 ) - The strikethrough text below has been replaced with the highlighted text. "(b) As a contribution to the cost of medical examinations required by paragraph (a) of this clause, the contractor will be reimbursed in an amount not to exceed half of the actual cost of the required basic examinations plus reimbursement of charges for immunizations. The reimbursement of half of the actual costs of the req uired basic examinations will be made after deducting any reimbursement the contractor receives for such examinations from the contractor's insurance company." Reimbursement. (1) As a contribution to the cost of medical examinations required (b) by paragr aph (a)(1) of this clause, USAID shall reimburse the contractor not to exceed $100 for each physical examination, plus reimbursement of charges for immunizations. (2) As a contribution to the cost of medical examinations required by paragraph (a)(2) of thi s clause the contractor shall be reimbursed in an amount not to exceed half of the cost of the examination up to a maximum USAID share of $300 per examination plus reimbursement of charges for immunizations for himself/herself and each authorized 12 years of age or over. The USAID contribution for authorized dependents dependent under 12 years of age shall not exceed half of the cost of the examination up to a maximum share of $120 per individual plus reimbursement of charges for immunizations. The contract or must obtain the prior written approval of the Contracting Officer to receive any USAID obligations higher than these limits. (c) Health Room Privileges. Routine health room services may be available, subject to post policy and in accordance with the req uirements of paragraph (a) of this clause, to U.S. citizen contractors and their authorized dependents (regardless of citizenship) at the post of duty. These services do not include hospitalization or predeparture examinations. The services normally includ e such medications as may be available, immunizations and preventive health measures, diagnostic examinations and advice, and home visits as medically indicated. Emergency medical treatment is provided to U.S. citizen contractor employees and dependents, w hether or not they may have been 207

208 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. (PAY COMPARABILITY ADJUSTMENTS 4. WORKWEEK AND COMPENSATION ) (JUL 2007 a) Workweek. ( The contractor's workweek shall not be less than 40 hours, unless otherwise provided in the Contract Schedule, and shall coincide with the workweek for those employee of the Mission or the Cooperating Country agency most closely associated wit h the work of this contract. If the contract is for less than full time (40 hours weekly), the annual and sick leave earned shall be prorated (see the General Provision of this contract entitled Leave and Holidays). (b) Compensation (Pay Comparability) Adj ustments. The PSC's compensation shall be adjusted to reflect the pay comparability adjustments, which are granted from time to - hire employees by Executive Order for the statutory pay systems time to U.S. direct (usually in January). Any adjustments author ized are subject to the availability of funds and shall not exceed that percentage stated in the Executive Order granting the adjustment. Further, the adjusted compensation may not exceed the annual “USAID Contractor Salary Threshold (USAID CST)”, which is equivalent to the maximum rate for agencies without a certified SES performance appraisal system (or the equivalent hourly rate). DEV Pursuant to Class Deviation M - OAA - - AIDAR - 18 - 1c (AAPD 15 - 02 Revised) - The strikethrough text below has been replaced with the highlighted text. 5. Leave and Holidays (APR 1997) Vacation Leave. (1) The contractor shall earn vacation leave at the rate of 13 (a) workdays per annum or 4 hours every 2 weeks. However, no vacation shall be earned if days. the tour of duty is less than 90 (2) Notwithstanding paragraph (a)(1) above, if the contractor has had previous PSC service (i.e., has served under other personal services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA), he/she shall earn vacation leave at the rate of either 6 hours every two weeks (10 hours for the final pay period of a calendar year) cumulative PSC service exceeding 3 years, or 8 hours every two weeks for cumulative PSC service exceeding 15 years. Former Civil Service, Foreign Service, or a Military Service experience is not creditable towards PSC service for annual leave purposes. (3) It is understood that vacation leave is provided under this contract primarily for the purposes of affording necessary rest and recreation during the tour of duty in the Coope rating Country. The Contractor in consultation with the USAID Mission shall develop a vacation leave schedule early in his/her tour of duty taking into consideration project requirements, employee preference and other factors. All vacation leave earned by the contractor must be used during his/her tour of duty. All vacation leave earned by 208

209 the contractor but not taken by the end of his/her tour of duty will be forfeited unless the requirements of the activity precluded the employee from taking such leave an d the Contracting Officer, with the endorsement of the Mission Director, approves one of the following as an alternative: (i) Taking leave during the concluding weeks of the employee's tour, or - sum payment for leave not taken provided such leave (ii) Lump does not exceed the number of days which can be earned by the employee during a twelve month period. (4) With the approval of the Mission Director, and if the circumstances warrant, a contractor may be granted advance vacation leave in excess in that earne d, 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 signment under for leave used in excess of the amount earned during the contractor's as the contract. (b) Sick Leave. Sick leave is earned at a rate not to exceed 13 work - days per annum or 4 hours every 2 weeks. Unused sick leave may be carried over under an extension of this contract for the same or similar services at the sam e Mission, but the contractor will not be compensated for unused sick leave at the completion of this contract. No leave my be carried over from one post to another. Home Leave. (1) Home leave is leave earned for service abroad for use only in the (c) Unit ed States, in the Commonwealth of Puerto Rico, or in the possessions of the United States. (2) A contractor who is a U.S. citizen or U.S. resident alien and has served as least 2 years overseas, as defined in paragraph (c)(4) below, under personal services contract in this Mission, 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 work days for each such year of service overseas; provided, that the contrac tor agrees to return overseas upon completion of home leave under an additional 2 year appointment, or for such shorter period of not less than 1 year of overseas service under the contract as the Mission Director may approve in advance. Home leave must be taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and any days spent elsewhere will be charged to vacation leave or leave without pay. (3) Notwithstanding the requirement in paragraph (c)(2) above that t he contractor must have served 2 years overseas under personal services contract with this Mission to be eligible for home leave, the contractor may be granted advance home leave subject to all of the following conditions: (i) Granting of leave home leave would in each case serve to advance the attainment of the objectives of this contract; 209

210 (ii) The contractor has served a minimum of 18 months in the Cooperating Country on his/her current tour of duty under this contract; and (iii) The contractor agrees 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 or subsequent contract, or such other additional appointment of not less than 1 year of ssion Director may approve. overseas service as the Mi (4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) above, shall include the actual days in orientation in the United States (less language training) and the actual days overseas beginning on the date of departure from the U.S. port of embarkation on international travel and continuing, inclusive of authorized delays enroute, to the date of arrival at the U.S. port of debarkation from international travel. Allowable vacation and sick leave tak en 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 of 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 the 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 payments made during home leave, if, in spite of the undertaking of the new appointment, the contractor, 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 Contracting Officer, a contractor in the United States on home leave may be authorized to spend not more than 5 days in work status for consultation at USAID/Washington before returning to post duty. Consultation at locations other than USAID/Washington as well as any time in excess of 5 days spent ontracting Officer. for consultation, must be approved by the Mission Director or the C Holidays. The contractor, while serving abroad, shall be entitled to all holidays (d) - citizen direct - hire employees. granted by the Mission to U.S. (e) Military Leave. Military leave of not more than 15 calendar days in any calendar y ear may be granted to a contractor who is a reservist of the Armed Forces, provided that military leave has been approved in advance by the Contracting Officer or the Mission Director. A copy of any such approval shall be part of the contract file. (f) Lea ve Without Pay. Leave without pay may be granted only with the written approval of the Contracting Officer or Mission Director. (g) Compensatory Time. Compensatory leave may be granted only with the written approval of the Contracting Officer or Mission D irector in rare instances when it has 210

211 been determined absolutely essential and used under those guidelines which apply to direct hire employees. - Leave Records. (h) The contractor shall maintain current leave records for himself/herself and make them avail able, as requested by the Mission Director or the Contracting Officer. 5. LEAVE AND HOLIDAYS (APR 1997) (a) Vacation Leave. (1) The contractor shall earn vacation leave at the rate of 13 workdays per annum or 4 hall be earned if the tour of duty is less hours every 2 weeks. However, no vacation s than 90 days. (2) Notwithstanding paragraph (a)(1) above, if the contractor has had previous PSC service (i.e., has served under other personal services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA), he/ she shall earn vacation leave at the rate of either 6 hours every two weeks (10 hours for the final pay period of a calendar year) cumulative PSC service exceeding 3 years, or 8 hours every two weeks for cumulative PSC service exceeding 15 years. Former Ci vil Service, Foreign Service, or a Military Service experience is not creditable towards PSC service for annual leave purposes. (3) It is understood that vacation leave is provided under this contract primarily for the purposes of affording necessary rest and recreation during the tour of duty in the Cooperating Country. The Contractor in consultation with the USAID Mission shall develop a vacation leave schedule early in his/her tour of duty taking into consideration nce and other factors. All vacation leave earned project requirements, employee prefere by the contractor must be used during his/her tour of duty. All vacation leave earned by the contractor but not taken by the end of his/her tour of duty will be forfeited unless the ity precluded the employee from taking such leave and the requirements of the activ Contracting Officer, with the endorsement of the Mission Director, approves one of the following as an alternative: (i) Taking leave during the concluding weeks of the employee’s tour, or (ii) Lum - sum payment for leave not taken provided such leave does not exceed the p number of days, which can be earned by the employee during a twelve - month period. (4) With the approval of the Mission Director, and if the circumstances warrant, a contractor may b e granted advance vacation leave in excess in 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 i n excess of the amount earned during the contractor’s assignment under the contract. 211

212 (b) Sick Leave. Sick leave is earned at a rate not to exceed 13 work - days per annum or 4 hours every 2 weeks. Unused sick leave may be carried over under an extension of this contract for the same or similar services at the same Mission, but the contractor will not be compensated for unused sick leave at the completion of this contract. No leave my be carried over from one post to another. (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 contractor who is a U.S. citizen or U.S. resident alien and has served as least 2 s defined in paragraph (c)(4) below, under personal services contract years overseas, a in this Mission, and has not taken more than 30 workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home leavof not more than 15 work such year of service overseas; provided, that the contractor agrees to days for each return overseas upon completion of home leave under an additional 2 year appointment, or for such shorter period of not less than 1 year of overseas service ission Director may approve in advance. Home leave must under the contract as the M be taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and any days spent elsewhere will be charged to vacation leave or leave without pay. (3) Notwi thstanding the requirement in paragraph (c)(2) above that the contractor must have served 2 years overseas under personal services contract with this Mission to be eligible for home leave, the contractor may be granted advance home leave subject to all of the following conditions: (i) Granting of leave home leave would in each case serve to advance the attainment of the objectives of this contract; (ii) The contractor has served a minimum of 18 months in the Cooperating Country on his/her current tour of duty under this contract; and (iii) The contractor agrees to return to the Cooperating Country to serve out the - year appointment under remainder of his/her current tour of duty and an additional 2 this or subsequent contract, or such other additional appo intment 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) above, shall include the actual days in orientation in the United States e(les s language training) and the actual days overseas beginning on the date of departure from the U.S. port of embarkation on international travel and continuing, inclusive of authorized delays om international travel. enroute, to the date of arrival at the U.S. port of debarkation fr 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 212

213 of days of vacation and sick leave taken in the United S tates, 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 the travel to and from the United States for home leave will be limited to the time required for tr avel by the most expeditious air route. The contractor will be responsible for reimbursing USAID for payments made during home leave, if, in spite of the undertaking of the new appointment, the contractor, except for reasons beyond mined by the Contracting Officer, does not return overseas and his/her control as deter complete the additional required service. Unused home leave is not reimbursable under this contract. (6) To the extent deemed necessary by the Contracting Officer, a contractor in the United S tates on home leave may be authorized to spend not more than 5 days in work status for consultation at USAID/Washington before returning to post duty. Consultation at locations other than USAID/Washington as well as any time in excess of 5 days spent for c onsultation, must be approved by the Mission Director or the Contracting Officer. (d) Holidays. The contractor, while serving abroad, shall be entitled to all holidays granted by the Mission to U.S. - citizen direct - hire employees. (e) Military Leave. Mili tary leave of not more than 15 calendar days in any calendar year may be granted to a contractor who is a reservist of the Armed Forces, provided that military leave has been approved in advance by the Contracting Officer or the Mission Director. A copy of any such approval shall be part of the contract file. (f) Leave Without Pay. Leave without pay may be granted only with the written approval of the Contracting Officer or Mission Director. th the written (g) Compensatory Time. Compensatory leave may be granted only wi approval of the Contracting Officer or Mission Director in rare instances when it has been determined absolutely essential and used under those guidelines, which apply to direct - hire employees. (h) Leave Records. The contractor shall maint ain current leave records for himself/herself and make them available, as requested by the Mission Director or the Contracting Officer. 6. DIFFERENTIAL AND ALLOWANCES (JUNE 1990) (a) The following differential and allowances will be granted to the contra ctor and his/her authorized dependents to the same extent and on the same basis as they are granted to U.S. citizen direct - hire employees at the Mission by the Standardized Regulations (Government Civilians, Foreign Areas), as from time to time amended, ex cept as noted to the contrary below: 213

214 Applicable Reference to Standardized Regulations (1) Post Differential Chapter 500 and Tables in Chapter 900. (2) Living Quarters Allowance Section 130. (3) Temporary Lodging Allowance Section 120. (4) Post Allow ance Section 220. (5) Supplemental Post Allowance Section 230. (6) Payments During Evacuation Section 600. (7) Education Allowance Section 270. (8) Separate Maintenance Allowance Section 260. (9) Danger Pay Allowance Section 650. Travel (10) Education Section 280. (1) Post differential. Post differential is an additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States and warr ant additional compensation as a recruitment and retention incentive. In areas where post differential is paid to USAID - hire employees, post differential not to exceed the percentage of salary as is direct he Standardized Regulations provided such USAID employees in accordance with t (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 t o amounts earned during the time such employees actually spend overseas on work under this contract. When such post differential is provided to the contractor, it shall be payable beginning on the date of arrival at the post of assignment and continue, inc luding periods away from post on official business, until the close of business on the day of departure from post of assignment enroute to the United States. Sick or vacation leave taken at or away from the post of assignment will not interrupt the continu ity 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 h is/her post of assignment for purposes of home leave. Short - term employees shall be entitled to pose differential third (43rd) day at post. beginning with the forty - 214

215 (2) Living quarters allowance. Living quarters allowance is an allowance granted to se an employee for substantially all of his/her cost for either temporary or reimbur 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 quar ters allowance are never both payable to an employee for the same period of time. The contractor will receive living quarters allowance for payment of rent and utilities if such facilities are not supplied. Such allowance shall not exceed the amount paid U SAID 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 - term employees may be to the written approval of the Mission Director, short 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 spend at posts of duty in the Cooperating Country under this contract. In employees 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 whic h meals and/or lodging may be made available without charge or at nominal cost by an agency of the United States Government or of the Cooperating Government, and similar factors. (3) Temporary lodging allowance. Temporary lodging allowance is a quarters al lowance granted to an employee for the reasonable cost of temporary quarters incurred by the employee and his/her family for a period not in excess of (i) three months after first on of arrival at a new post in a foreign area or a period ending with the occupati residence (permanent) quarters, if earlier, and (ii) one month immediately preceding final departure from the post subsequent to the necessary vacating of residence quarters. The contractor will receive temporary lodging allowance for himself/herself and authorized dependents, in lieu of living quarters allowance, not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 120, as from time to time amended. (4) Post allowance. Post allowance is a c ost - of - living allowance granted to an employee officially stationed at a post where the cost of living, exclusive of quarters cost, is substantially higher than in Washington, DC. The contractor will receive post allowance payments not to exceed those paid USAID employees in the Cooperating Country, in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 220, as from time to time amended. (5) Supplemental post allowance. Supplemental post allowance is a form of post lowance granted to an employee at his/her post when it is determined that assistance al is necessary to defray extraordinary subsistence costs. The contractor will receive supplemental post allowance payments not to exceed the amount set forth in the 215

216 Standard ized Regulations (Government Civilians, Foreign Areas), Chapter 230, as from time to time amended. The Standardized Regulations (Government Civilians, (6) Payments during evacuation. e procedure for Foreign Areas) provide the authority for efficient, orderly, and equitabl 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 If evacuation has military or other reasons or because of imminent danger to their lives. been authorized by the Mission Director, the contractor will receive payments during evacuation for himself/herself and authorized dependents evacuated from their post of assignment in accordance with the Standardized Regulations (Governm ent Civilians, Foreign Areas), Chapter 600, and the Federal Travel Regulations, as from time to time amended. Educational allowance. Educational allowance is an allowance to assist the (7) contractor in meeting the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of his/her service in a foreign area in providing adequate elementary and secondary education for his/her children. The contractor will receive educational allowance payments for his/her dependent children in amounts not to exceed those set forth in Standardized Regulations (Government Civilians, Foreign Areas), Chapter 270, as from time to time amended. (8) Separate maintenance allowance. Separate maintenance allowance is an allowance to assist an employee who is compelled by reason of dangerous, notably unhealthful, or excessively adverse living conditions at his/her post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining elsewhere than at such post. The contractor will receive separate his/her dependents maintenance allowance payments not to exceed that made to USAID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), time amended. Chapter 260, as from time to (9) Danger pay allowance. Danger pay allowance is an allowance to provide additional compensation above basic compensation to employees in foreign areas where civil insurrection, civil war, terrorism or wartime conditions threaten physical ha rm or imminent danger to the health or well being of the employee. The danger pay allowance - is in lieu of that part of the post differential which is attributable to political violence. Consequently, the post differential may be reduced while danger pay is in effect to avoid dual crediting for political violence. The contractor shall be allowed danger pay allowance not to exceed that paid USAID employees in the Cooperating Country, in accordance with the Standardized Regulations (Government Civilians, Forei gn Areas), Chapter 650, as from time to time amended. (10) Educational travel. Educational travel is travel to and from a school in the United States for secondary education (in lieu of an educational allowance) and for college education. The contractor wi ll receive educational travel payments for his/her dependent children provided such payment does not exceed that which would be payable in 216

217 accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 280, as from time to time amended. Educational travel shall not be authorized for contractors whose assignment is less than two years. (b) The allowances provided in paragraphs (a) (1) through (10) of this provision shall be paid to the contractor in dollars or in the currency of the Cooperating Country in accordance with practice prevailing at the Mission, or the Mission Director may direct that the contractor be paid a per diem in lieu thereof as prescribed by the Standardized Regulations (Government Civilians, Foreign Areas), as from time to time amended. 7. SOCIAL SECURITY, FEDERAL INCOME TAX, AND FOREIGN EARNED INCOME (JUNE 1990 (a) Since the contractor is an employee, F.I.C.A. contributions and U.S. Federal Income Tax withholding shall be deducted in accordance with regulatio ns and rulings of the Social Security Administration and the U.S. Internal Revenue Service, respectively. (b) As an employee, the contractor is not eligible for the “foreign earned income” exclusion under the IRS Regulations (see 26 CFR 1.911 - 3(c)(3)). 8. ADVANCE OF DOLLAR FUNDS (APR 1997) If requested by the contractor and authorized in writing by the Contracting Officer, USAID will arrange for an advance of funds to defray the initial cost of travel, travel allowances, authorized precontract expenses, and shipment of personal property. The advance shall be granted on the same basis as to a USAID U.S. - citizen direct - hire employee in accordance with USAID Handbook 22, Chapter 4 or superseding ADS Chapter. 2c Pursuant to class deviation M - DEV - AIDA R - 09 - OAA and AAPD 10 - 03 - the strike - though text has been replaced with the highlighted text. 9. INSURANCE (Dec 2009) (a) Worker’s Compensation Benefits. The contractor shall be provided worker’s compensation benefits in accordance with the Federal Employees’ Compensa tion Act. (b) Health and Life Insurance. * (1) The contractor shall be provided a maximum contribution of up to 72% against the actual costs of the contractor's annual health insurance costs, provided that such costs may not exceed the maximum U.S. Governm ent contribution as announced periodically by USAID’s Office of Acquisition and Assistance. (2) The contractor shall be provided a contribution of up to 50% against the actual costs annual life insurance not to exceed $500.00 per year. of 217

218 (3) Retired U.S. Government employees shall not be paid additional contributions for health or life insurance under their contracts. The Government will normally have already paid its contribution for the retiree unless the employee can prove to the satisfaction of the Con tracting Officer that his/her health and life insurance does not provide or specifically excludes coverage overseas. In such case, the contractor would be eligible for contributions under paragraphs (b)(1) or (2) as appropriate. (4) Proof of health and lif e insurance coverage shall be submitted to the Contracting Officer before any contribution is paid. On assignments of less than one year, costs for health and life insurance shall be prorated and paid accordingly. (5) A contractor who is a spouse of a curr ent or retired Civil Service, Foreign Service, or Military Service member and who is covered by their spouse’s Government health or life insurance policy is ineligible for the contribution under paragraphs (b)(1) or (b)(2) of this provision. (c) Insurance on Private Automobiles. If the contractor or his/her dependents transport, or cause to be transported, privately owned automobile(s) to the Cooperating Country, or any of them purchase an automobile within the Cooperating Country, the contractor agrees to ensure that all such automobile(s) during such ownership within the Cooperating Country will be covered by a current, i.e., not in arrears, insurance policy issued by a reliable company providing age as may be set by the the following minimum coverage, or such other minimum cover 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. contractor further agrees to deliver, or cause to be delivered to the Mission The insurance policies required by this clause or satisfactory proof of the Director, the existence thereof, before such automobile(s) operated within the Cooperating Country. The premium costs for such insurance shall not be a reimbursable cos t under this contract. 9. Insurance (APR 1997) (a) Worker's compensation benefits. The contractor shall be provided worker's compensation benefits in accordance with the Federal Employees' Compensation Act. (b) Health and life insurance. (1) The contractor shall be provided a maximum contribution of up to 50% against the actual costs of the contractor's annual health insurance costs, provided that such costs may not exceed the maximum U.S. Government contribution for direct - hire personnel as announced annua lly by the Office of Personnel Management. (2) The contractor shall be provided a contribution of up to 50% against the actual costs of annual life insurance not to exceed $500.00 per year. 218

219 (3) Retired U.S. Government employees shall not be paid additional contributions for health or life insurance under their contracts. The Government will normally have already paid its contribution for the retiree unless the employee can prove to the urance does not satisfaction of the Contracting Officer that his/her health and life ins provide or specifically excludes coverage overseas. In such case, the contractor would be eligible for contributions under paragraphs (b) (1) or (2) as appropriate. Contracting (4) Proof of health and life insurance coverage shall be submitted to the Officer before any contribution is paid. On assignments of less than one year, costs for health and life insurance shall be prorated and paid accordingly. (5) A contractor who is a spouse of a current or retired Civil Service, Foreign Service, or Military Service member and who is covered by their spouse's Government health or life insurance policy is ineligible for the contribution under paragraphs (b)(1) or (b)(2) of this provision. (c) Insurance on private automobiles. If the contractor or h is/her dependents transport, or cause to be transported, privately owned automobile(s) to the Cooperating Country, or any of them purchase an automobile within the Cooperating Country, the contractor agrees to ensure that all such automobile(s) during such ownership within the Cooperating Country will be covered by a current, i.e., not in arrears, insurance policy issued by a reliable company providing the following minimum coverage, or such other ble in U.S. dollars or its minimum coverage as may be set by the Mission Director, paya 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 s required by this cause to be delivered to the Mission Director, the insurance policie clause or satisfactory proof of the existence thereof, before such automobile(s) operated within the Cooperating Country. The premium costs for such insurance shall not be a reimbursable cost under this contract. ATION EXPENSES (JULY 1993) 10. TRAVEL AND TRANSPORT (a) General. (1) USAID/Washington Office of Administrative Services, or such other office as may be designated by that office, may furnish Transportation Requests (TR's) to the contractor for transportation authorized by this co ntract originating in the United States, and the executive or administrative officer at the Mission may furnish TR's for such authorized transportation which is payable in local currency or is to originate overseas. When transportation is not provided by t he Government - issued TR, the contractor shall procure his/her own transportation, the costs of which will be reimbursed in accordance with the terms of this contract. (2) The contractor will be reimbursed for reasonable, allocable and allowable travel and transportation expenses incurred under and for the performance of this contract. Determination of reasonableness, allocability and allowability will be made by the Contracting Officer in accordance with USAID's established policies and procedures for hire employees, and the particular needs of the activity being - USAID direct 219

220 implemented by this contract. The following paragraphs provide specific guidance and limitations on particular items of cost. U.S. travel and transportation. The contractor shall be reimbursed for actual (b) transportation costs and travel allowances in the United States as authorized in the Contract Schedule or approved in advance by the Contracting Officer or the Mission reimbursed in any Director. Transportation costs and travel allowances shall not be amount greater than the cost of, and time required for, economy - class commercially scheduled air travel by the most expeditious route except as otherwise provided in paragraph (g) of this provision unless economy air travel is not availa ble and the contractor certifies to this in his/her voucher or other documents submitted for reimbursement. (c) International travel. For travel to and from post of assignment, the contractor shall be reimbursed for travel costs and travel allowances from place of residence in the United States (or other location provided that the cost of such travel does not exceed the cost of the travel from the contractor's residence in the United States) to the post of duty in the Cooperating Country and return to plac e of residence in the United States (or other location provided that the cost of such travel does not exceed the cost of travel from the post of duty in the Cooperating Country to the contractor's residence) upon completion of services by the individual. R eimbursement for travel will be in accordance with USAID's established policies and procedures for its direct - hire employees and the provisions of this contract, and will be limited to the cost of travel by the most direct and expeditious route. If the con tract is for longer than one year and the contractor does not complete one full year at post of duty (except for reasons beyond his/her control), the costs of going to and from the post of duty for the contractor and his/her dependents are hereunder. If the contractor serves more than one year but less than not reimbursable the required service in the Cooperating Country (except for reasons beyond his/her control) the costs of going to the post of duty are reimbursable hereunder but the costs of going from post of duty to the contractor's permanent, legal place of residence at the time he or she was employed for work under this contract, or other location as approved by the Contracting Officer, are not reimbursable under this contract for the contractor and his/her dependents. When travel is by economy class accommodations, the contractor will be reimbursed for the cost of transporting up to 10 kilograms/22 pounds of accompanied personal baggage per traveler in addition to that regularly allowed with the econ omy 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 Civi lians, 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 o f 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. 220

221 (d) Local travel. Reimbursement for local travel in connection with duties directly in excess of the rates established by the Mission referable to the contract shall not be Director for the travel costs of travelers in the Cooperating Country. In the absence of such established rates the contractor shall be reimbursed for actual travel costs in the Cooperating Country or the Mission, including travel allowances at rates not in excess of those prescribed by the Standardized Regulations. (e) Indirect travel for personal convenience. When travel is performed by an indirect llowable costs of such travel will route for the personal convenience of the traveler, the a 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 flag carriers must be obtained from the Contracting for indirect travel by such foreign 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 - allowable costs. within the above limitation of Limitation on travel by dependents. Travel costs and allowances will be allowed for (f) authorized dependents of the contractor and such costs shall be reimbursed for travel y and returned, only if from place of abode to assigned station in the Cooperating Countr the dependent remains in the Cooperating Country for at least 9 months or one - half of the required tour of duty of the contractor, whichever is greater, except as otherwise authorized hereunder for education, medical or emergency vi sitation travel. If the dependent is eligible for educational travel pursuant to the “Differential and Allowances” clause of this contract, time spent away from post resulting from educational travel will be counted as time at post. Delays enroute. The contractor may be granted reasonable delays enroute while in (g) travel status when such delays are caused by events beyond the control of the contractor and are not due to circuitous routine. It is understood that if delay is caused n, he/she shall be eligible for such sick leave as provided under by physical incapacitatio the “Leave and Holidays” clause of this contract. (h) Travel by Privately Owned Automobile (POV). If travel by POV is authorized in the contract schedule or approved by the Contracting Offic er, the contractor shall be reimbursed for the cost of travel performed in his/her POV at a rate not to exceed that authorized in the Federal Travel Regulations plus authorized per diem for the employee and for each of the authorized dependents traveling i n the POV, if the POV is being driven to or from the Cooperating Country as authorized under the contract, provided that the total cost of the mileage and the per diem paid to all authorized travelers shall not exceed the total constructive cost of fare an d normal per diem by all authorized travelers by surface common carrier or authorized air fare, whichever is less. Pursuant to AAPD 10 - 03 - The highlighted text replaces the strikethrough text. (i) Emergency and Irregular Travel and Transportation. Emerge ncy transportation costs and travel allowances while enroute, as provided in this section, will be reimbursed not 221

222 to exceed amounts authorized by the Foreign Service Travel Regulations for USAID - ng conditions: direct hire employees in like circumstances under the followi (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 depende nts and returning to the post of duty, subject to the prior written approval of the Mission Director that such travel is necessary for one of the following reasons. (i) Need for medical care beyond that available within the area to which the employee is a ssigned, or serious effect on physical or mental health if residence is continued at assigned post of duty. The Mission Director may authorize a medical attendant to accompany the employee at contract expense if, based on medical opinion, such an is necessary. attendant (ii) Death, or serious illness or injury of a member of the immediate family of the same - sex domestic employee or the immediate family of the employee's spouse or . partner Emergency and Irregular Travel and Transportation. (i) Emergency t ransportation costs and travel allowances while enroute, as provided in this section, will be reimbursed not to exceed amounts authorized by the Foreign Service Travel Regulations for USAID - nditions: direct hire employees in like circumstances under the following co (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 an d returning to the post of duty, subject to the prior written approval of the Mission Director that such travel is necessary for one of the following reasons. (i) Need for medical care beyond that available within the area to which the employee is assigned , or serious effect on physical or mental health if residence is continued at assigned post of duty. The Mission Director may authorize a medical attendant to accompany the employee at contract expense if, based on medical opinion, such an attendant is nec essary. (ii) Death, or serious illness or injury of a member of the immediate family of the employee or the immediate family of the employee's spouse. (2) When, for any reason, the Mission Director determines it is necessary to evacuate the contractor or c ontractor's dependents, the contractor will be reimbursed for travel and transportation expenses and travel allowance while enroute, for the cost of the individuals going from post of duty in the Cooperating Country to the employee's permanent, legal place of residence at the time he or she was employed for work under this contract or other approved location. The return of such employees and dependents 222

223 may also be authorized by the Mission Director when, in his/her discretion, he/she determines it is pruden t 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 a ppropriate restrictions as to time away from post, transportation of personal and household effects, etc. (j) Home Leave Travel. To the extend that home leave has been authorized as provided in the “Leave and Holidays” clause of this contract, the cost of travel for home leave is reimbursable for travel costs and travel allowances of travelers from the post of duty in the Cooperating Country to place of residence in the United States (or other location provided that the cost of such travel does not exceed t he cost of travel to the contractor's residence in the United States) and return to the post of duty in the Cooperating Country. Reimbursement for travel will be in accordance with the Uniform me to time amended, State/USAID/USIA Foreign Service Travel Regulations, as from ti and will be limited to the cost of travel by the most direct and expeditious route. Travel allowances for travelers shall be in accordance with the rates authorized in the ore than the travel Standardized Regulations as from time to time amended, for not m time required by scheduled commercial air carrier using the most expeditious route using economy class. One stopover enroute for a period of not to exceed 24 hours is allowable when the traveler uses economy class accommodations for a t rip of 14 hours or more of scheduled duration. Such stopover shall not be authorized when travel is by indirect route or is delayed for the convenience of the traveler or the traveler uses other than economy class. Per diem during such stopover shall be pa id in accordance with the Standardized Regulations. (k) Rest and Recuperations Travel. If approved in writing by the Mission Director, the contractor and his/her dependents shall be allowed rest and recuperation travel on the direct same basis as authorized USAID hire Mission employees and their dependents. - (l) Transportation of Motor Vehicles, Personal Effects and Household Goods. (1) Transportation costs will be paid on the same basis as for USAID direct - hire employees serving the same length tour of duty , as authorized in the schedule. Transportation, including packing and crating costs, will be paid for shipping from the point of origin in the United States (or other location as approved by the Contracting Officer) to post of duty in the Cooperating Coun try and return to point of origin in the United States (or other location as approved by the Contracting Officer) of one privately - owned vehicle for the contractor, personal effects of the contractor and authorized dependents, and household goods of the co ntractor 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 icer. obtained from the Contracting Off 223

224 (2) The cost of transporting motor vehicles and household goods shall not exceed the cost of packing, crating, and transportation by surface common carrier. In the event that nt to the the carrier does not require boxing or crating of motor vehicles for shipme Cooperating Country, the cost of boxing or crating is not reimbursable. The transportation of a privately owned motor vehicle for a contractor may be authorized as a replacement of the last such motor vehicle shipped under this contract for such contractor when the Mission Director determines, in advance, and so notifies the contractor in writing, that the replacement is necessary for reasons not due to the negligence or malfeasance of the contractor. The determination shall be made under rules and regulations that apply to authorized Mission U.S. citizen direct the same hire - employees. Unaccompanied Baggage. Unaccompanied baggage is considered to be those (m) personal belongings needed by the traveler immediately upon arrival of the contractor and dependents, and consideration should be given to advance shipments of unaccompanied baggage. The contractor will be reimbursed for costs of shipment of unaccompanied baggage (in addition to the weight allowance for household effects) not itations in effect for USAID direct - hire employees in accordance with to exceed the lim the Foreign Service Travel Regulations as in effect when shipment is made. These limitations are available from the Contracting Officer. This unaccompanied baggage may be shipped as air freight by the most direct route between authorized points of origin and destination regardless of the modes of travel used. This provision is applicable to home leave travel when authorized by the terms of this contract. (n) International Ocean Transporta tion — (1)(i) Transportation of things. Where U.S. flag vessels are not available, or their use would result in a significant delay, the contractor may obtain a release from the requirement to use U.S. flag vessels from the Transportation Division, Office of Acquisition and Assistance, U.S. Agency for International Development, Washington, D.C. 20523 - 1419, or the Mission Director, as appropriate, giving the basis for the request. (ii) Where U.S. flag vessels are not available, or th eir use Transportation of persons. would result in a significant delay, the contractor may obtain a release from the requirement to use U.S. flag vessels from the Contracting Officer or the Mission Director, as appropriate. (2) Transportation of foreign - made vehicles. Reimbursement of the costs of transporting a 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 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 Contra cting Officer will, on request, furnish to the contractor current information concerning the availability of a reduced rate with respect to any proposed 224

225 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. The cost of storage charges (including packing, (o) Storage of household effects. l be crating, and drayage costs) in the U.S. of household goods of the contractor wil permitted in lieu of transportation of all or any part of such goods to the Cooperating Country under paragraph (l) above provided that the total amount of effects shipped to the Cooperating Country or stored in the U.S. shall not exceed the amount au thorized - hire employees under the Uniform Foreign Service Travel Regulations. for USAID direct These amounts are available from the Contracting Officer. PAYMENT 11. (AUG 1996) (a) Once each month, or at more frequent intervals, if approved by the paying of fice indicated on the Cover Page, the contractor may submit to such office form SF 1034 “Public Voucher for Purchases and Services Other Than Personal” (original) and SF - A (three copies), or whatever other form is locally required or accepted. Each 1034 vo ucher shall be identified by the USAID contract number and properly executed in the amount of dollars claimed during the period covered. The voucher forms shall be supported by: (1) The contractor's detailed invoice, in original and two copies, indicating for each amount claimed the paragraph of the contract under which payment is to be made, supported when applicable as follows: (i) For compensation — a statement showing period covered, days worked, and days when contractor was in authorized travel, leave, o r stopover status for which compensation is claimed. All claims for compensation will be accompanied by, or will incorporate, a certification signed by the Project Officer covering days or hours worked, or authorized travel or leave time for which compensa tion is claimed. (ii) For travel and transportation — a statement of itinerary with attached carrier's receipt and/or passenger's coupons, as appropriate. (iii) For reimbursable expenses — an itemized statement supported by original receipts. (2) The first vou cher submitted shall account for, and liquidate the unexpended balance of any funds advanced to the contractor. (b) A final voucher shall be submitted by the contractor promptly following completion of the duties under this contract but in no event later t han 120 days (or such longer period as the Contracting Officer may in his/her discretion approve in writing) from the date of such completion. The contractor's claim, which includes his/her final settlement of compensation, shall not be paid until after th e performance of the duties required under the terms of this contract has been approved by USAID. On receipt and approval of the 225

226 voucher designated by the contractor as the “final voucher” submitted on Form SF 1034 (original) and SF 1034 A (three copies), together with a refund check for the balance - remaining on hand of any funds which may have been advanced to the contractor, the Government shall pay any amounts due and owing the contractor. ubmitted for PSCs in (c) If approved by the paying office time and attendance may be s the same manner as is approved for direct hire personnel. - 12. CONVERSION OF U.S. DOLLARS TO LOCAL CURRENCY ( DEC 1985) Upon arrival in the Cooperating Country, and from time to time as appropriate, the he Mission Director or his/her authorized representative contractor shall consult with t who shall provide, in writing, the policy the contractor shall follow in the conversion of U.S. dollars to local currency. This may include, but not be limited to the conversion of said currency thro ugh the cognizant U.S. Disbursing Officer, or Mission Controller, as appropriate. 13. POST OF ASSIGNEMENT PRIVILEGES (JUL 1993) Privileges such as the use of APO, PX's, commissaries and officers clubs are established at posts abroad under agreements betwee n the U.S. and host governments. These facilities are intended for and usually limited to members of the official U.S. establishment including the Embassy, USAID Mission, U.S. Information se facilities to be Service and the Military. Normally, the agreements do not permit the made available to non - official Americans. However, in those cases where facilities are open to non - official Americans, they may be used. 14. SECURITY REQUIREMENTS (June 1990) (a) This entire provision shall apply to the extent that this contract involves access to classified information (“Confidential”, “Secret”, or “Top Secret”) or access to administratively controlled information (“Limited Official Use”). Contractors that are not U.S. citizens shall not have access to classified or adm inistratively controlled information. (b) The contractor (1) shall be responsible for safeguarding all classified or administratively controlled information in accordance with appropriate instructions furnished by the USAID Office of Security (IG/SEC), as referenced in paragraph (d) of this provision and shall not supply, disclose, or otherwise permit access to classified information or administratively controlled information to any unauthorized person; (2) ons of classified information or shall not make or permit to be made any reproducti administratively controlled information except with the prior written authorization of the 226

227 Contracting Officer or Mission Director; (3) shall submit to the Contracting Officer, at such times as the Contracting Officer may d irect, an accounting of all reproductions of classified or administratively controlled information; and (4) shall not incorporate in any other project any matter which will disclose classified and/or administratively controlled prior written authorization of the Contracting Officer. information except with the (c) The contractor shall follow the procedures for classifying, marking, handling, transmitting, disseminating, storing, and destroying official material in accordance with ign Affairs Manual, Chapter 5 (5 FAM 900), a copy of which the regulations in the Fore will be furnished by the Contracting Officer or Mission Director. (d) The contractor agrees to submit immediately to the Mission Director or Contracting Officer a complete detailed report, appropri ately classified, of any information which the contractor may have concerning existing or threatened espionage, sabotage, or subversive activity. (e) The Government agrees that, when necessary, it shall indicate by security classification or administrative ly controlled designation, the degree of importance to the national defense of information to be furnished by the contractor to the Government or by the Government to the contractor, and the Government shall give written notice of such security classificat ion or administratively controlled designation to the contractor and of any subsequent changes thereof. The contractor is authorized to rely on any letter or other written instrument signed by the Contracting Officer changing a security classification or a dministratively controlled designation of information. (f) The contractor agrees to certify after completion of his/her assignment under this contract that he/she has surrendered or disposed of all classified and/or administratively in his/her custody in accordance with applicable security controlled information instructions. CONTRACTOR 15. MISSION RELATIONSHIPS (DEC 1985) - (a) The contractor acknowledges that this contract is an important part of the U.S. Foreign Assistance Program and agrees that his/her d uties will be carried out in such a manner as to be fully commensurate with the responsibilities which this entails. (b) While in the Cooperating Country, the contractor is expected to show respect for the conventions, customs, and institutions of the Coop erating Country and not interfere in its political affairs. (c) If the contractor's conduct is not in accordance with paragraph (b) of this provision, the contract may be terminated under General Provision 16 of this contract. The Contractor recognizes the right of the U.S. Ambassador to direct his/her immediate removal from any country when, in the discretion of the Ambassador, the interests of the United States so require. 227

228 (d) The Mission Director is the chief representative of USAID in the Cooperating Co untry. 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 contra ct and its effect on the U.S. Foreign Assistance Program. The contractor will be responsible for performing his/her duties in accordance with the statement of duties called for by the contract. However, he/she shall be under the general policy guidance of the Mission Director, and shall keep the Mission Director or his/her designated representative currently informed of the progress of the work under this contract. 16. TERMINATION (NOV 1989) (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 giv ing 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 cal endar days advance written notice to the contractor. Upon such a termination, contractor's right to compensation shall cease when the period specified in such notice expires except that the contractor shall be entitled to any unused vacation leave, return transportation costs and travel allowances and transportation of unaccompanied baggage costs at the rate specified in the contract and subject to the limitations which apply to authorized travel status. (3) For the convenience of USAID, when the contractor is unable to complete performance of his/her services under the contract by reason of sickness or physical or emotional incapacity based upon a certification of such circumstances by a duly t shall be deemed qualified doctor of medicine approved by the Mission. The contrac 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 228

229 ansportation, travel any unused vacation or sick leave but shall be entitled to return tr 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 termina te this contract upon at least 15 days' written notice to the Contracting Officer. 17. (DEC 1985) RELEASE OF INFORMATION All rights in data and reports shall become the property of the U.S. Government. All ontractor and all reports and information gathered under this contract by the C recommendations hereunder shall be treated as confidential by the Contractor and shall not, without the prior written approval of the Contracting Officer, be made available to , except as otherwise expressly any person, party, or government, other than USAID provided in this contract. NOTICES 18. (DEC 1985) Any notice, given by any of the parties hereunder, shall be sufficient only if in writing and delivered in person or sent by telegraph, telegram, registered, or regular mail as follows: To USAID: Administrator, U.S. Agency for International Development, Washington, D.C. 20523 - 0001, Attention: Contracting Officer. (name of the cognizant Contracting Officer with a copy to the appropriate Mission Director). To Contractor: At his/ her post of duty while in the Cooperating Country and at the Contractor's address shown on the Cover Page of this contract or to such other address as either of such parties shall designate by notice given as herein required. Notices hereunder shall be eff ective in accordance with this clause or on the effective date of the notice, whichever is later. 19. (June 1987) REPORTS (a) The Contractor shall prepare and submit 2 copies of each technical report required by the schedule of this contract to the Bureau f or Program and Policy Coordination, Center for Development Information and Evaluation, Development Information Division (PPC/CDIE/DI). All documents should be mailed to: PPC/CDIE/DI, Acquisitions, Room 209, SA - 18, U.S. Agency for International 1802. Development , Washington, D.C. 20523 - 229

230 The title page of all reports forwarded to PPC/CDIE/DI pursuant to this paragraph shall include a descriptive title, the author's name(s), contract number, project number and t office, and the publication or title, contractor's name, name of the USAID projec insurance date of the report. (b) When preparing reports, the contractor shall refrain from using elaborate art work, multicolor printing and expensive paper/binding, unless it is specifically authorized in the Contract Sch edule. Wherever possible, pages should be printed on both sides using single spaced type. 20. USE OF POUCH FACILITIES (July 1993) (a) Use of diplomatic pouch is controlled by the Department of State. The Department of facilities for USAID contractors and their State has authorized the use of pouch employees as a general policy, as detailed in paragraphs (a)(1) through (a)(6) of this provision. However, the final decision regarding use of pouch facilities rests with the Embassy or USAID Mission. In considera tion of the use of pouch facilities as hereinafter stated, the Contractor agrees to indemnify and hold harmless the Department of State and USAID for loss or damage occurring in pouch transmission. (1) Contractors are authorized use of the pouch for transm ission and receipt of up to a maximum of 0.90 kilogram/2 pounds per shipment of correspondence and documents needed in the administration of foreign assistance programs. (2) U.S. citizen contractors are authorized use of the pouch for personal mail up to a - maximum of 0.45 kilogram/one pound per shipment (but see (a)(3) below). Non U.S. citizen Contractors are not permitted use of the pouch for personal mail except to the extent that such use may be authorized by the Chief of Mission. s, magazines, or newspapers are not considered to be personal (3) Merchandise, parcel mail for purpose of this clause, and are not authorized to be sent or received by pouch. (4) Official and personal mail under paragraphs (a) (1) and (2) of this provision, sent by pouch, should be addressed as follows: Individual's Name (C), U.S. Agency for International Development, Washington, D.C. - 0001. 20523 (5) Mail sent via the diplomatic pouch may not be in violation of U.S. Postal laws and may not contain material ineligible for pouch tra nsmission. (6) Use of military postal facilities (APO/FPO) is authorized to U.S. contractors on the same basis as approved for direct - hire employees at the USAID Mission. Posts having h, may, access to APO/FPO facilities and using such for diplomatic pouch dispatc however, accept official and personal mail for the pouch provided, of course, adequate 230

231 postage is affixed when onward transmission (mail to other than USAID/W) through U.S. postal channels is required. (b) The contractor shall be responsible for co mpliance with these guidelines and limitations on use of pouch facilities. (c) Specific additional guidance on use of pouch facilities in accordance with this clause is available from the Post Communication Center at the Embassy or USAID Mission. 21. BIOGR APHICAL DATA (June 1990) (a) The contractor agrees to furnish biographical information to the Contracting Officer on forms (SF 171 and 171As) provided for that purpose. (b) Emergency locator information. The contractor agrees to provide the following infor mation to the Mission Administrative Officer on arrival in the host country regarding himself/herself and dependents: (1) Contractor's full name, home address, and telephone number including any after - hours emergency number(s). (2) The name and number of t he contract, and whether the individual is the contractor or the contractor's dependent. (3) The name, address, and home and office telephone number(s) of each individual's next of kin. (4) Any special instructions pertaining to emergency situations such a s power of attorney designees or alternate contact persons. 22. U.S. Resident Hire Personal Services Contractor (June 1990) A contractor meeting the definition of a U.S. Resident Hire PSC contained in Section 12, General Provisions, Clause 1, Definitions, shall be subject to U.S. Federal Income Tax, but shall not be eligible for any fringe benefits (except contributions for FICA, health insurance and life insurance), allowances, or differentials, including but not limited to travel and transportation, medic al, orientation, home leave, etc., unless such individual can demonstrate to the satisfaction of the Contracting Officer that he/she has received similar benefits/allowances from their immediately previous employer in the Cooperating Country, or the Missio n Director determines that payment of such benefits would be consistent with the Mission's policy and practice and would be in the best interest of the U.S. Government. 23. Orientation and Language Training (July 1993) 231

232 (a) Except as set forth in paragraph (b)(4) below, the Contractor shall receive a maximum of 2 weeks USAID orientation before travel overseas. The dates of orientation shall be selected by the Contractor and approved by the Contracting Officer from the orientation schedule provided by USAID. (b) As either set forth in the Contract Schedule, or provided in writing by the Contracting Officer, the following may be authorized taking into consideration specific job requirements, contractor's prior overseas experience, or unusual circumstances, in onnection with orientation of individual Contractors: c (1) Modified orientation, (2) Language training, (3) Orientation for Contractor's dependents at contract expense. (4) Waiver of orientation for individual contractor. (c) Transportation costs and travel allowances not to exceed one round trip from the Contractor's residence to place of orientation and return will be reimbursed, pursuant to Clause 10 of the General Provisions, entitled “Travel and Transportation Expenses,” if the orientation is more than 80 kilometers/50 miles from the contractor's residence. Allowable salary costs during the period of orientation are also reimbursable. 24. CONDITIONS FOR CONTRACTING PRIOR TO RECEIPT OF SECURITY CLEARANCE (July 1993) tor may commence work prior to the (a) U.S. Resident Hire PSC. The contrac completion of the security clearance. However, until such time as clearance is received, the contractor shall have no access to classified or administratively controlled materials. Further, failure to obtain clearance wil l constitute cause for contract termination in accordance with paragraph (a)(2) of General Provision 16 of this contract. (b) U.S. PSC — Non - Resident Hire. The contractor may elect to commence travel to post immediately to begin work prior to completion of t he security clearance. However, until such time as security clearance is received, the contractor shall: (1) Have no access to classified or administratively controlled materials; (2) Be authorized to travel to post himself/herself only; and (3) Be authori zed no entitlements other than those normally authorized for short term (less than a year) employees at post. Even if the contract is for one year or more, dependents may not accompany contractor unless at his/her expense, and transportation/storage of hou sehold/personal effects and motor vehicle will not be 232

233 financed by USAID prior to the receipt of the security clearance. Upon receipt of clearance, the Contracting Officer will authorize reimbursement of any such costs borne clearance provided they are reasonable, allocable and at contractor's expense prior to allowable. If appropriate given the length of time remaining, the Contracting Officer will authorize dependent travel and shipment/storage of motor vehicle and effects. Allowances which would not be pr ovided to short term employees will be authorized after clearance is received provided that the contractor is otherwise entitled to such benefits. Failure to obtain the security clearance will constitute cause for contract ragraph (a)(2) of General Provision 16 of this contract. termination in accordance with pa - DEV - AIDAR - 18 - 03 c (AAPD 18 - 02) - The Pursuant to Class Deviation M/OAA strikethrough text below has been replaced with the highlighted text. 25. Medical Evacuation (MEDEVAC) Services (JUL 2007) (a) The PSC must obtain MEDEVAC service coverage including coverage for authorized dependents while performing personal services abroad. USAID will reimburse the total cost of MEDEVAC insurance to the PSC. The PSC must provide proof of coverage to the CO in or der to receive reimbursement. Exceptions. (1) A PSC and authorized dependents with a health insurance program (b) that includes sufficient MEDEVAC coverage as approved by the Contracting Officer are not required to obtain MEDEVAC service coverage. (2) The Mission Director at the post of assignment may make a written determination to waive the requirement for such coverage. The determination must be based on findings that the quality of local medical services or other circumstances obviate the need for such coverage for PSCs and their dependents located at post. 25. MEDICAL EVACUATION (MEDEVAC) SERVICES (MAY 2018) USAID will provide Medevac services to the contractor and authorized dependents, ), similar to those through the Department of State’s Bureau for Medical Services (MED provided to U.S. Government employees in accordance with 16 FAM 300 Medical Travel. Medevac costs include travel and per diem, but do not include medical care costs. To be covered by the Medevac program, the contractor and authorized de pendents must obtain and maintain international health insurance coverage that includes overseas hospitalization, and must provide proof of such insurance to the contracting officer prior to relocation abroad. 26. GOVERNING LAW (NOV 1996) established under the procurement authorities of the United States This contract is Government and shall be interpreted in accordance with the body of Federal Procurement Law in the United States. This contract is a complete statement of the 233

234 duties, compensation, benefits, leave, notice, termination, and the like; therefore, the laws of the country of performance with respect to labor and contract matters shall not apply to either the carrying out of the obligations of the parties or to the interpretation of this agreement. 13. FAR CLAUSES TO BE INCORPORATED IN FULL TEXT IN PERSONAL SERVICES CONTRACTS The following FAR Clauses are always to be used along with the General Provisions. They are required in full text. 1. Covenant Against Contingent Fees 52.203 - 5 2. Electronic Fu nds Transfer Payment Methods 52.232 - 28 3. Disputes 52.233 1 (Alternate 1) - 4. Preference for U.S. Flag Air Carriers 52.247 - 63 14. FAR Clauses to be Incorporated by Reference in Personal Services Contracts The following FAR Clauses are to be used along with the General Provisions, and when appropriate, be incorporated in each personal services contract by reference: - 1. Anti - Kickback Procedures 52.203 7 2. Limitation on Payments to Influence Certain Federal Transactions 52.203 - 12 — on 52.215 - 2 3. Audit and Records Negotiati 4. Privacy Act Notification 52.224 1 - 5. Privacy Act 52.224 - 2 6. Taxes — Foreign Cost Reimbursement Contracts 52.229 - 8 7. Interest 52.232 17 - 8. Limitation of Cost 52.232 - 20 9. Limitation of Funds 52.232 - 22 10. Assignment of Claims 52.232 - 23 2 11. Pr otection of Government Buildings, Equipment, and Vegetation 52.237 - 234

235 12. Notice of Intent to Disallow Costs 52.242 - 1 - 5 13. Inspection 52.246 Services 52.246 - 25 — 14. Limitation of Liability [62 FR 39453, July 23, 1997, as amended at 64 FR 42040, Aug. 3, 1999 ; 72 FR 19670, Apr. 19, 2007] – APPENDIX E [RESERVED] Appendix F to Chapter 7 Use of Collaborative Assistance Method for Title XII — Activities 1. Introduction This appendix provides a detailed description of the collaborative assistance method of contractin g. This is a specialized contracting system which may be used for contracting with educational institutions eligible under, and for activities authorized under, Title XII of the Foreign Assistance Act of 1961, as amended, under the circumstances described in AIDAR 715.613 - 71. 2. Purpose The collaborative assistance system is designed to: (a) Increase the joint implementation authority and responsibility of the contractor and the LDC; (b) Encourage more effective collaboration between all participating parti es (USAID, host country, and contractor) at important stages, including the design stage of a technical assistance project. 3. Policy The collaborative assistance approach represents an alternative method for long - term technical assistance which involves p rofessional collaboration with eligible Title XII institutions and LDC counterparts for a problem solving type activity to develop new - institutional forms and capabilities, to devise operating systems and policies, and to conduct joint research and develop ment — including training. In such an activity, the difficulty in defining, in advance, precise and objectively verifiable contractor inputs and long - term project content as a basis for payment usually requires a flexible approach to project design, contract ing, and project implementation. Such flexibility is also essential to the collaborative style which is responsive to LDC desires in problem areas of great complexity and varying uncertainty. Other types of technical assistance, which are usually shorter i n term are amenable to more precise definition in advance, or involve closely defined and relatively standardized services, or are otherwise more analogous 235

236 to commodity resource transfers, may be suitable for other contracting methods, e.g., certain forms - the - job training, resource surveys, etc. The of institution building, on collaborative assistance method is an approved method for providing technical assistance when used in accordance with the circumstances outlined above, and with th in paragraph 4, below. the guidelines set for 4. Implementation Procedures (a) Introduction. This paragraph 4, provides background information, guidelines and procedures to effect the implementation of the policy set forth in paragraph 3 of this appendix. (b) Conditions and p ractices. In order for this policy to work effectively even when the proposed activity fits the criteria described under Policy, there must also be: (1) Acceptance of the notion that the host country, in consultation with the contractor, is in the best pos ition to make tactical, day - to - day decisions on project inputs within agreed - upon limitations and output expectations; (2) Sufficient trust and respect between the Agency and the contractor to allow this flexible implementation authority; - project monitor with appropriate background to be knowledgeable of (3) A direct hire progress and to assist in an advisory and facilitative capacity, both during and between periodic reviews. In addition, the following important conditions must be met: (i) Adequate preproj ect communication between, and identification of assistance required by, the host government and USAID; (ii) Full joint planning and improved project design (“Joint” as used herein refers to the primary parties, i.e., the collaborating institutions, as wel l as the host government and USAID. In some instances, it can also include other donors.); (iii) Careful contractor selection, i.e., matching of the contractor's technical and managerial capabilities to the anticipated requirements of the overseas activity ; (iv) Establishment of relationships between host country, USAID and contractor staff to include host country leadership, flexible implementation authority, and effective management by the contractor; (v) Improved joint project evaluation, feedback, and r eplanning; and (vi) Simplified administrative procedures and greater reliance on in - country logistical support. 236

237 (c) Project Stages and Contractor Involvement. In the long - term technical assistance metimes overlapping decision projects as described above, there are four discrete but so with the principal contractor usually involved in the last three. stages which take place — After the host government has indicated Problem analysis and project identification. (1) problem and the USAID field mission has a desire for U.S. collaboration on a particular determined that the proposed activity is consistent with its program goals and priorities, considerable effort is usually necessary to refine further the project purpose and type of assistance required and provide a basis for contractor selection. This is a crucial step — on what the prospective contractor is expected to and is focused on results sought produce in relation to resources to be used and to project purpose. It should result in a clear understanding of what the LDC wants, and an overall plan which includes agreement on specific objectives or outputs, acceptable types of activities and inputs and an initial budget resulting in project documentation. At this step, USAID makes — decisions it cannot delegate on wha t it will support and at what cost. If needed to - hire expertise, USAID can use outside consultants for analysis supplement its direct and advice but retains the ultimate decision for itself in collaboration with, but independent of, the requesting host gov ernment. (Normally, the proposed contractor for project definition and subsequent implementation should not have been involved in the problem analysis and project identification stage as a consultant to either the host country government, host institution, or USAID. If a potential contractor has been so involved, particular care must be taken to prevent actual or apparent organizational conflicts of interest in the procurement that follows. This could require at a minimum, a careful assessment and complete documentation of reasons for selection.) Normally, there will need to be some mutual interaction between the overall planning stage outlined here and the detailed planning and design work which follows in the next with preliminary decisions in this stage phase. There will usually be some overlap, providing a basis for selection of implementing agents for stage (2) which in turn proceeds through some preliminary planning to guide completion of stage (1) as a basis - for long term contracting. (2) Project defin ition. At this stage, having selected the implementing agent, the U.S. and LDC organizations which will be collaborating in carrying out the project are 3 encouraged to work out, to their mutual satisfaction, the particulars of what to do and ⁄ 8 how to do i t (i.e., detailed project design) within the context of LDC leadership and responsibility and the general agreements and budget reached in stage (1). The emphasis here is on the technical approach to be utilized and the scheduling and management of project inputs. This may involve a short - term reconnaissance and/or an extensive period of detailed joint planning and feeling out of what is feasible during a preliminary operating phase of the project, possibly lasting as much as a year or more. This stage reco gnizes the importance, for the problem - solving or ground breaking types of technical assistance, of involving the U.S. and LDC implementing organizations together as soon as the detailed design work begins. USAID's role here is to facilitate, not direct, t he joint planning, assure consistency with prior agreements or concur in changes, affirm that the implementing parties have agreed on a reasonable project 237

238 design, and prepare or cause to be prepared the documentation required for stage (3), including any a mendments that might be required to the project documentation. If and when a decision is made by the host government and USAID to proceed into the operating phase with the same contractor, the U.S. intermediary should be treated as a cooperating partner in the negotiation of the subsequent long - term operating agreement(s) with the host government, host institution and USAID. The results of the approach outlined in the stage above should Implementation. (3) include, in addition to a better understanding and more meaningful commitment by all specific products: parties, the - - project design which reflects the commitment of all parties of (i) A jointly developed life and includes clear statements of purpose, principal outputs, eligible types of activity and expend iture limits, critical assumptions, and major progress indicators; (ii) A workplan and input schedule for the first two years or at least as long as the expenditure period for the next obligation of project funds; (iii) Provisions for any administrative su pport, special services or other inputs by the host country, contractor, and/or USAID; and (iv) A plan for periodic joint evaluation and review or progress and subsequent workplans, normally annually, with the participation of all parties. Appropriate elem ents of these agreements and understandings are now embodied in a contract for project implementation, as described in paragraph (d)(3)(i) of the section on Contracting Implications. This contract allows the U.S. intermediary to apply its ing close collaboration with its LDC colleagues, in adjusting the flow of judgment, reflect - financed inputs and in making other operational decisions with a minimum of USAID requirements for prior USAID approvals or contract amendments as long as the contractor stays within the bounds of the approved overall plan and budget. In this phase, USAID will give technical assistance contractors the authority and responsibility for using their specialized expertise to the fullest extent in the scheduling and managing of project inpu ts. (4) With increased flexibility and Monitoring, joint evaluation and replanning. responsibility for implementation placed with the technical assistance contractor, the host government, and/or institutional collaborator, improved and timely progress repo rting and periodic, joint, and structured reviews of results and evolving plans are imperative as a basis for monitoring and evaluating contractor performance, revalidating or adjusting project design, and for determining future funding levels and commitme nts. Both the contractor's annual report and the joint review should be structured within the framework of purpose, outputs, performance indicators, etc., originally established in the an project indentification phase — as modified by detailed project design — d reflected in the Project Agreement and other pertinent documentation. The field review will normally 238

239 serve as the occasion for discussing changes in or additions to previously agreed - to es authorized and workplans as well as proposing changes in purpose, types of activiti budgets which require contract amendment. Obviously, the appropriate host government, host institution, and senior contractor officials should be thoroughly involved in the process, which will have to be adapted to the conditions within s pecific projects and countries. An important USAID responsibility is to assure that there is appropriate host country participation in developing and improving project plans prior to f the various new obligations of funds. The special requirements and responsibilities o parties shall also be reflected in the project agreement and contract terms and in guidelines on the content of annual reports, evaluation procedures, etc. Standard checking on services actually delivered as a basis for reimbursement will be continued including appropriate audit of expenditures. (d) The principal elements of change in present contracting Contracting implications. practices, as detailed below, are earlier selection and involvement of the prime contractor, contracting by major s tages of project design and operations, minimizing the need for precontract negotiations and contract amendments and USAID approvals, and providing technical assistance contractors with the authority and responsibility needed to manage implementation withi n the approved program bounds. (1) Selection. The early involvement of the contractor in the definition stage of a long - term technical assistance project, after USAID decides what it wants to undertake in stage (1), does not alter the Agency's responsibili ty to select its contractors carefully and in full compliance with appropriate contracting regulations and selection procedures. What is required here is that contractor selection be carried out at an earlier ce in the past or with other types of stage than has sometimes been the Agency practi contracts and in anticipation that the contractor, assuming adequate performance, will participate in all subsequent phases until final completion. Contracting stages. (2) d be separated from In contracting, the initial design stage shoul the longer term implementation stage without any USAID commitment to undertake the second until it has exercised its independent judgment based on the product of the first plus any outside expert appraisal it and the host country want t o use. The long - term implementation stage itself may be further subdivided into contract periods which permit time between predetermined events for analysis, determination of ext new project requirements, and evaluation of performance prior to initiating the n phase by contract amendment/extension. If, for any reason, such an examination does not appear to warrant project continuation, then termination of the project and/or contract would be the next step. (3) Flexible implementation authority. While good pr oject design will eliminate or diminish many operational problems, the very nature of long - term technical assistance requires flexible implementation within agreed purposes, ultimate outputs, types of activity and available financing. With these key variab les for USAID management 239

240 control established, contracts should be written so as to minimize the need for amendments and USAID approval of changes in input particulars. This can be or by: facilitated, both for the USAID, host country, institution, and the contract (i) Retention of operational plan in contract and removal of workplan. The contract - narrative will contain the life - the - project Operational Plan, consistent with the project of design as developed in stage (2) and reflected in the project documentat ion (and subsequent amendments thereto). The Operational Plan includes a statement of the purpose to be achieved, the outputs to be produced by the contractor and the types of ral activities to be undertaken, the more significant indicators of progress, a gene description of the type of inputs that are authorized and intended to be provided during the life of the project, and the overall budget. In order to allow adjustments at the implementation level without going through the contract amendment process, th e detailed but short - term workplan containing specific descriptions and scheduling of all inputs such as numbers and types of staff, participants, commodities, etc., and specific activities, will not be a part of the contract. It is a working document to b e modified in the field when the situation demands. The latest version will be available as a supporting document to justify proposed new obligation levels. Normally, the workplan and derived budget will cover a rolling two year ther yearly increment is added after review and approval. period, i.e., each year ano (ii) Budget flexibility. To support this implementation flexibility, contract budget or fiscal controls will be shifted from fixed line items for each input category to program categories, permittin g the technical assistance contractor to adjust amounts and timing to achieve previously approved types of activity. This same type of flexibility should apply to any local currency supplied for project operations and/or contractor staff support. While an essential corollary to eliminating the workplan from the contract, this is not a unique procedure under cost reimbursement type contracts when the contractor has demonstrated adequate management capability. (iii) Negotiation of advance understandings. To p ermit university and international research center contractors to manage their activities in accordance with their own policies and procedures and thereby sharpen their management responsibility while achieving substantial savings in time and reduced docum entation, USAID may negotiate advance understandings with its technical assistance contractors on dollar costs and administrative procedures that would be included by reference in its subsequent contracts. Upon receipt of a request from the contractor that their policies be reviewed and approved for usage in their contract in lieu of the standard terms and conditions, OP/PS/OCC, USAID/W will initiate negotiations of such policies in an expeditious manner. The approved policies will be used in all relevant r elations involving the Agency and respective contractors in lieu of traditional contract standard provisions, whenever this may be appropriate. This does not apply to local currency costs and host . government procedures which must be negotiated in each case 240

241 The purpose of the practices listed above is not only to give a qualified contractor the authority to adjust the composition and timing of inputs but to assign to it clear responsibility for managing such resources, as the evolving circumstances require, to - upon outputs on a cost efficient basis. It should also reduce the achieve the agreed delay and paperwork involved in frequent but minor contract amendments, and approvals. For the agency as a whole, both in the Mission and in USAID/W, these have involv ed a large workload and cost. (e) Role of USAID. Nothing in this appendix is intended to delegate, diminish or otherwise modify USAID's final responsibility for the prudent management of public - to - day involvement in funds and its own programs. Rather in withdrawing from the day and responsibility for the management of adjustment of the flow of inputs during the implementation, the best use of limited agency staff and time can be devoted to protecting the public interest in gaining maximum results from the f unds appropriated for technical assistance by: (1) Seeking optimum identification in terms of LDC priorities and U.S. capabilities; (2) Mobilizing and selecting the best U.S. professional talent to design and carry out the project; (3) Monitoring what is h appening to assure adequacy of processes, get a feel of results, assure actual delivery of inputs being financed; (4) Assuring that the attention of USAID's implementation agents and LDC colleagues stay well focused on project purpose and results to be ach ieved (outputs) and the relation to these of what is being done and actual results; (5) Providing intermediaries adequate authority and responsibility to adjust inputs promptly and sensitively to the evolving project situations. Attention to these consider ations, and to achievements of the preimplementation conditions prescribed above, should greatly increase the chances for successful project completion and impact on a cost effective basis, which is the final measurement of prudent management. Attachment t o Appendix F — Guidelines for Requests for Expressions of Interest A. Length and Level of Detail A Request for Expression of Interest (REI) should include more than just a short letter expressing interest, but should not be in the detail of a technical propo sal (RFTP). The REI is not the only source of information that can or should be used for selection, but at least a minimum level of information should be contained in each document. A ten page REI should be sufficient paper that responds to the selection criteria included in every for evaluation purposes. The selection criteria should specify the technical inputs 241

242 required for successful execution of the project and normally require a response in three general areas: ability to address the problem described in the 1. A description of the institution's cap REI. 2. Any related experience, whether in the country or region or in the problem area. 3. A demonstrable commitment of the institution to support the project. The responses should address the capability, ex perience, and commitment to the particular project. B. Specific Personnel Information The response should specify within the areas set out in the selection criteria the following planning and personnel factors. 1. The design team plan and the scope of work for each member. 2. A list of candidates for the design team and their credentials. - 3. A list of possible candidates for long term assignment to the project. (Since there has been no project design, the specific technical assistance slots and technical re sponsibilities are vague. But it is expected that at least half of the personnel needs can be estimated early in the project. The institution should make its best guess for the team and present to the Agency the persons or types of persons with whom they a re likely to contract.) C. Multiple Institution Submissions Joint effort on the part of several institutions is encouraged when appropriate. A single institution may submit an expression of interest for part of the project without knowledge of other collab orators or it may submit information in response to A and B of this attachment as part of a suggested collection of institutions. In either case, a proposed plan for cooperation is necessary. However, such joint efforts must specify the division of respons ibilities for the planning and personnel factors indicated in B of this attachment. Often USAID will identify the need for cooperation and suggest such an effort in the REI. Even if USAID does not suggest collaboration, joint efforts with a description of the cooperation would be an appropriate way to respond to an REI. (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) 242

243 [49 FR 13301, Apr. 3, 1984, as amended at 49 FR 3366 9, Aug. 24, 1984; 50 FR 16089, Apr. 24, 1985; 51 FR 20652, June 6, 1986; 52 FR 6160, Mar. 2, 1987] — USAID's Academic Publication Policy Appendix I to Chapter 7 1. Statement of Policy This is a statement of USAID policy on publication, or release to partie s other than those specifically authorized, of unclassified materials gathered or developed under contracts with academic institutions. 2. Underlying Principles USAID favors and encourages the publication of scholarly research as well as the maximum availa bility, distribution, and use of knowledge developed in its program. This policy statement does not deal with material that is classified for security reasons. It does deal with considerations of national interest, not of sufficient gravity to warrant secu rity classification, but serious enough to affect adversely the conduct of U.S. assistance programs. Consequently, in addition to the requirements of courtesy, propriety, and confidence which normally guide scholars in their work, there should also be cons ideration of the potential repercussions of publication on the successful execution of development and other cooperative programs in which the United States and foreign countries are involved. 3. Operational Definitions en two kinds of manuscripts which a scholar may The Agency draws a distinction betwe wish to publish: (a) A report which is prepared and delivered to the Agency under the terms of the contract (a “contract manuscript”); and (b) An article or book based upon experience and information gained u nder an USAID contract but not prepared or delivered under the contract (a “non - contract manuscript”). There are two kinds of actions, to be specified in the contract, which the Agency can take upon notification of a contractor's desire to publish: (a) Com ment only, under which USAID and the foreign government involved may review the manuscript, and have their comments considered seriously by the contractor prior to publication; and (b) Authorization for release, which USAID may withhold if reconciliation b etween the national interest and the author's interest is impossible. 243

244 4. Policy Statements (a) USAID, as a general rule, will not require an academic institution to obtain e permission to publish the written work produced under a contract. It will ask for th opportunity to review the manuscript for comment only, prior to publication. In the case of a contract manuscript, USAID reserves the right to disclaim endorsement of the opinions expressed; if it is a noncontract manuscript, USAID reserves the right to disassociate itself from sponsorship or publication. (b) On the other hand, USAID may reserve the right of authorization for release in those exceptional cases where conditions exist making it reasonably foreseeable, in light of k and the manner and place of performance, that the written the contract's scope of wor work to be prepared and delivered under the contract may have adverse repercussions on the relations and programs of the United States. Where this right is reserved, it must be so specified in the contract. In determining where to reserve such right, USAID will consider all relevant factors, including: (1) The extent to which prompt and full performance of the contract will require access, facilitated by reason of the contract, to information not g enerally available to scholars; (2) The extent to which the work involves matters of political concern to foreign countries, particularly where any substantial part of the work is to be performed therein; (3) The extent to which, by reason of USAID's close involvement and cooperation in the performance of the contract, the work product may be so identified with USAID itself as to prevent effective disclaimer of USAID endorsement thereof; vice to USAID or to (4) The extent to which the objective of the contract is to provide ad a foreign government of immediate operational significance in the conduct of the USAID program or the implementation of governmental programs in the host country; (5) The desires of the host country. 5. Implementation The successful imp lementation of this policy on publication rests on a thorough understanding and acceptance of these principles by USAID and the prospective contractor. The actual publications provision for a particular contract, then, would be so worded as to reflect the agreement reached in the contract negotations. USAID's concern with noncontract manuscripts is related to the identification of a manuscript with the U.S. Government. This concern will be modified by the passage of t. time following termination of the contrac 244

245 In the normal case of prepublication review for USAID comment, the institution will submit a copy of the manuscript not later than the date of submission to the publisher. e This gives the Agency time to comment if it is deemed appropriate. However, in th case of review for authorization, timely notification of USAID's response will be given, consistent with the size of the manuscript and the number and location of the parties involved. n accordance with The Agency will make every effort to expedite this review procedure i the underlying principle described at the beginning of this policy statement. (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) [49 FR 13304, Apr. 3, 1984] Appendix J to Chapter 7 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. For the purpose of this appendix: (b) Definitions. (1) Personal services contract (PSC) means a contract that, by its express terms or as ake the contractor personnel appear, in effect, Government employees administered, m (see FAR 37.104). Employer - employee relationship (2) means an employment relationship under a service contract with an individual which occurs when, as a result of (i) the contract's term s 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 relations hip 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 performa nce 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. 245

246 (5) Contractor means a cooperating country national or a third country national who has entered into a contract pursuant to this appendix. Cooperating country means the country in which the employing USAID Mission is (6) located. (7) Cooperating country national (CCN) means an individual who is a cooperating country citizen or a non - c ooperating 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 Ac t of 1961, as amended, hereinafter referred to as the “FAA”, provides the Agency's contracting authority. (b) Section 636(a)(3) of the FAA authorizes the Agency to enter into personal services contracts with individuals for personal services abroad and pro vides further that such individuals “* * * shall not be regarded as employees of the U.S. Government for the 1 purpose of any law administered by the Civil Service Commission.” 1 The Civil Service Commission is now the Federal Office of Personnel Management. 3. APPLICABILITY (a) This appendix applies to all personal services contracts with 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 expe rts 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). 246

247 4. POLICY General. USAID may finance, with either program or operating expense (OE) funds, (a) 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. Program funds. Under the authority of Section 636( (1) 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 cos t 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 - 2 necessary and appropriat e to accomplishment of the work. 2 If there is a need, these contracts may be written for 5 years but only funded as outlined above. (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 suc h activities. (3) Notwithstanding any other provision of USAID directives, regulations or delegations, Cooperating Country or Third Country Nationals may be delegated or assigned any ect - hire authority, duty or responsibility, delegated or assigned U.S. citizen dir 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. Pursuant to Class Deviation M/OAA - DEV - AIDAR - 18 - 08c (AAPD 18 - 05) - The strikethrough text below has been replaced with the highlighted text. b. They may not be delegated authority to sign obligating or subobligating documents except when a CCNPSC is specifically designated as a CO or an AO in accordance with Subpart 1. 6 of the FAR and the Agency’s applicable warrant program . They may not be designated a Contracting Officer or delegated authority to sign obligating or subobligating documents. 247

248 c. They may represent the agency, except that communications that reflect a fin al 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 se curity classified material. (4) Exceptions . Pursuant to Class Deviation M/OAA - DEV - AIDAR - 18 - 05c (AAPD 16 - 03 Revised) - The strikethrough text below has been replaced with the highlighted text. Exceptions to the limitations in (b)(3) must be approved by the Assistant Administrator for Management (AA/M) . The Assistant Administrator for Management (AA/M) must approve exceptions to the limitations in (b)(3). Approval of an exception by the AA/M is not required when the Director of the Office of Acquisition and Assi s tance (OAA) within the designates a CCNPSC as a CO or an AO. Bureau for Management (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 r egarded 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 ted to participate in the Joint Special Embassy Incentive Awards Mission is expec Program. The program is administered by a joint committee which establishes procedures for submission, review and approval of proposed awards. Other than these re hired for work in a cooperating country under exceptions, CCNs and TCNs who a PSCs generally will be extended the same benefits and be subject to the same restrictions as Foreign Service Nationals (FSNs) employed as direct - hires by the USAID Mission. (1) General. For the purpose of an y law administered by the U.S. Office of Personnel Management, USAID personal services 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. ible for the Incentive Awards Program Government, and are not elig covered by Uniform State/USAID/USIA regulations. Each USAID Mission is expected to participate in the Joint Special Embassy Incentive Awards Program. Additionally, CCN and TCN personal to receive certain USAID monetary and non contractors are eligible services - monetary incentive awards as authorized under this section. See paragraph (3) of this section for incentive awards. 248

249 2. COMPENSATION (AAPD 16 - - AIDAR - 18 - Pursuant to Class Deviation M/OAA DEV - 03 Revised) - The 05c str ikethrough text below has been replaced with the highlighted text. . (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 compensa tion 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 sal ary 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 erwise. If the category being employed, unless the Mission Director determines oth 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): eign national employee compensation; or (A) Any other Mission policies on for (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 off ice 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 eligi ble 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 insurance policy, is ineligible for a contribution towards the costs of annual health and life insurance. 249

250 (vii) Retired CCNs and TCNs may be awarded personal services contracts without any reduction i n or offset against their Government annuity. (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 compensation paid to personnel performing comparable work in the prevailing cooperating country. Compensation for CCN or TCN personal services contractors set in accordance with the provisions of 4(c)(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 CCNs and TCNs. is each post's official system of position classification and pay, consisting of The plan the local salary schedule which includes salary rates, statements authorizing fringe benefit payments, and other pertinent facets of compensation for CCNs and TCNs. Compensation for PSCs will be in accordance with the local compensation plan, to the extent that it covers employees of the type or category bein g 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 preference): instance, then compensation will be set in accordance with (in order of (A) Any other Mission policies on CCN or TCN personal services contractor or compensation; (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 docum ented 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 enume rated 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 comp ensation practice of the post. (v) CCN and TCN personal services contractors are eligible for allowances and differentials as provided under the post’s local compensation plan. (vi) A USAID PSC who is a spouse of a current or retired U.S. Civil Service, U. S. Foreign 250

251 Service, or U.S. military service member, and who is covered by their spouse's government health or life insurance policy, is ineligible for a contribution towards the costs of annual health and life insurance. awarded personal services contracts without any (vii) Retired CCNs and TCNs may be reduction in or offset against their Government annuity. 3. INCENTIVE AWARDS . Pursuant to Class Deviation M/OAA - DEV - AIDAR - 18 - 05c (AAPD 16 - 03 Revised) - The strikethrough text below has been replaced with t he highlighted text. (i) All Cooperating Country Nationals direct - hire 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. (i) Al l CCN and TCN personal services contractors of the Foreign Affairs Community are eligible for the Joint Special Embassy Incentive Awards Program. The Joint Country Awards Committee administers each post's (Embassy) award program, including establishment of procedures for submission, review and approval of proposed awards. (ii) CCN and TCN personal services contractors are also eligible to receive certain monetary and non - monetary USAID incentive awards. These awards will be funded authorizations us from the ed to fund the PSC contract, and not from funds allocated for authorized awards program for USAID direct - hire employees. The list of the OPM incentive awards, eligibility, nomination and approval processes are specified in internal Agency policies in ADS c hapter 309. (iii) Meritorious Step Increases for USAID CCN and TCN personal services contractors may be authorized provided the granting of such increases is the general practice locally. (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 . Pursuant to Class Deviation M/OAA - DEV The AIDAR - 18 - 05c (AAPD 16 - 03 Revised) - - strikethrough text below has been replaced with the highlighted text. 251

252 4. . TRAINING CCN and TCN PSCs are eligible for most of the training courses offered in the Training Cours - by - case basis and e Schedule. However, applications will be processed on a case are required to be approved by the Contracting Officer. training courses CCN and TCN personal services contractors are eligible for most of the offered in the Training Course S chedule. 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 Pursuant to Class Deviation M/OAA - DEV - AIDAR - 17 - 02c - The strikethrough text below has been replaced with the highlighted text. (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 (with an estimate of frequency); travel requirements (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 informatio n shall be forwarded to the Project Officer); (ii) A detailed statement of duties or a completed position description for the position being recruited for; 252

253 (iii) A copy of the prescribed contract Cover Page, Contract Schedule, and General Provisions as wel l 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 comp - 70(c) as ly with the limitations of AIDAR 706.302 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 be observed by Contracting Officers: must (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 Co operating 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 ind ividual 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 s tatement, 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 cond itions 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 pri ce, 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. As authorized by the M/OAA Director in AIDAR 705.502, the contracting ( a) Publicizing. officers may place paid advertisements and notices in newspapers and periodicals, subject to the requirements and limitations in (48 CFR) FAR subpart 5.1. Any 253

254 advertiseme nts and notices must be approved by the cognizant CO and when applicable, must not be released prior to publication in the GPE. (b) Exceptions to publicizing. (1) (48 CFR) FAR part 5 requires that solicitations for personal services contracts be publiciz ed in the GPE. However, based on a determination made by the Senior Procurement Executive in AIDAR 705.102, the contracting officer does not need to publicize in the GPE solicitations for new awards, extensions or renewals for CCN and he local compensation plan issued under the authority in (48 TCN PSCs paid under t CFR) AIDAR 706.302 - 70(b)(1). The contracting officer must follow the requirements below when using this exception. ust (i) New contracts for CCN and TCN PSCs paid under the local compensation plan m be publicized consistent with Mission/Embassy practice on announcement of other locally hired CCN positions; (ii) Renewals or extensions with the same individual for continuing service at the same mission do not need to be publicized. ce with (48 CFR) AIDAR 705.202, advance notice of proposed contract (2) In accordan - 70(b)(1) is action is not required when the exception to competition authority at 706.302 used. (c) Competition. ccordance with Personal services contracts are subject to full and open competition in a (48 CFR) FAR part 6. Any exception to competition must be authorized, prepared and approved in accordance with (48 CFR) FAR part 6 and AIDAR part 706. (d) Other than Full and Open Competition. (1) (48 CFR) AIDAR 706.302 - 70(b)(1) authorizes contracting with CCNs and TCNs for personal services abroad without providing for full and open competition when the - 70(c) listed below are met. This authority must limitations in (48 CFR) AIDAR 706.302 not be used for contracts with TCNs who are not paid under the local compensation plan. (i) As required in FAR 6.301, offers must be requested from as many potential offerors as is practicable under the circumstances, and (ii) A J&A supporting other than full and open competition must be prepared in accor dance with FAR 6.303. For contracts with CCNs and TCNs subject to the local compensation plan a class J&A has been approved by the USAID Senior Procurement Executive and is available in the 254

255 Automated Directive System (ADS) Chapter 309. When using the clas s J&A, the contracting officer must prepare and sign a written statement that the contract is being awarded pursuant to (48 CFR) AIDAR 706.302 70(b)(1); the conditions for use of the - class justification have been met; and the cost of the contract is fair a nd reasonable. If the appropriate limited competitive procedures and other conditions of the class J&A are not met, the contracting officer must prepare a separate J&A as required under (48 CFR) AIDAR 706.302 - 70(c). 6. NEGOTIATING A PERSONAL SERVICES CONTR ACT Negotiating a Personal Services Contract is significantly different from negotiating a - employee nonpersonal services contract because it establishes an employer relationship; therefore, the selection and negotiations procedures are more akin to the per sonal 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 ved under the solicitation to the copy of biographical data and salary history recei 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 n ormally 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 bio graphical 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 Handbo ok 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 auth ority that has been redelegated to them. See AIDAR 701.601. In executing a personal service contract, the Contracting Officer is responsible for insuring that: (a) The proposed contract is within his/her delegated authority; 255

256 (b) A written detailed statemen t 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 in that: personal services contract (1) Performance of the proposed work requires or is best suited for an employer - employee relationship, and is thus not suited to the use of a non - personal services contract; (2) The scope of work does not require performance of any function norma lly 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 t o 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 ap pendix); (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 rocessed as appendix as appropriate) is used, or that any necessary deviations are p 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 ted; executed copies are properly distribu (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 oth er superseding Chapters of the Automated Directives System; (2) Mission, host country, and technical office clearance, as appropriate; 256

257 (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 ctor; authorized to accompany the contra (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 compensatio n 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 reco rded 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 prepare d 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 inapplic able clause(s) by a listing in the Schedule; and (p) The block entitled, “Acquisition and Assistance Request Document” on the Cover - segment technical Page of the contract format is completed by inserting the four 257

258 number as prescribed in USAID Handbook 18, the USAID Code Book appendix D or - funded. superseding ADS Chapter if the PSC is project 8. CONTRACTING FORMAT The prescribed Contract Cover Page, Contract Schedules, General Provisions and FAR Clauses for personal service contracts for TCNs and CCNs covere d 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 Nation al 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 For eign 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. “G eneral 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 Contr act With a Cooperating Country National or With a Third Country National for Personal Services. 36B (11/96) — AID Form 1420 - 258

259 View or download PDF 10. “Schedule” for a Contract With a Cooperating Country National or Third Country National Personal Services Contracts 259

260 Contract No.___ Table of Contents The Schedule on pages ___ through ___ consists of this Ta ble 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 Preco ntract Expenses Article VI Additional Clauses General Provisions The following provisions, numbered as shown below, omitting number(s) ___, are the General Provisions (GPs) of this Contract: 1. Definitions ns 2. Compliance with Applicable Laws and Regulatio 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 Mission Relationships 11. Contractor - 260

261 12. Termination 13. Allowances llar Funds 14. Advance of Do 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 manda tory. 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 finan cial 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 t raining to be provided by USAID.] Article II — Period of Service Within ___ days after written notice from the Contracting Officer that all clearances, including the statement of medical opinion required under General Provision Clause 3, unless another date is specified by the contracting officer in writing, have been received, the contractor shall proceed to ___ and shall promptly commence performance of the 261

262 duties specified above. The contractor's period of service shall be approximately ___ in ___. (Specif y 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 a ccrued 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 limita tions 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 ___ (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) ___ days for authorized travel (GP Clause 9), and (3) ___ days for orientation and consultation if required by the Statemen t of Duties. C. The contractor shall earn vacation leave at the rate of ___ 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 ___ days per year under the contract. D. Allowabl e Costs. 1. Compensation at the rate of LC ___ per (year) (month) (week) (day), equivalent to Grade FSN ___/___ 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 ___ per (day) (hour). LC ___ 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 Go vernment, not payable to contractor). a. United States — $___ b. International — $___ $___, LC ___ c. Cooperating and Third Country — 262

263 Subtotals Item 3 — $___, LC ___ 4. Subsistence or Per Diem (Ref. GP Clause 9). a. United States — $___ b. International — $___ c. Coop erating and Third Country — $___, LC___ Subtotals Item 4 $___, LC___ — 5. Other Direct Costs a. Physical Examination (Ref. GP Clause 3) — LC___ b. Miscellaneous — LC___ LC___ Subtotal Item — Total Estimated Costs (Lines 1 thru 5) $___ LC ___ nd Local Currency Obligation. E. Maximum U.S. Dollar a In no event shall the maximum U.S. Dollar obligation under this contract exceed $___ nor shall the maximum local currency obligation exceed LC ___. 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 ex ceed 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 provid ed with or reimbursed in local currency (___) for the following: [Complete] 263

264 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 go vernment 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 Dire ctor 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 e space, government or the U.S. Government at no cost to this contract; e.g., offic supplies, equipment, secretarial support, etc., and the conditions, if any, for use of such equipment.] — Precontract Expenses Article V No expense incurred before signing of this contract will be reimbursed unless such expense was incurred after re ceipt 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 c onsidered 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 Coun try National Personal Services Contracts Contract No. ___ Table of Contents (Optional Schedule) [Use of the Optional Schedule is not mandatory. It is intended to serve as an alternate procedure for OE funded Cooperating Country National and Third Country N ational 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 obliga ted. However, Contracting Officer is required to amend each contract not less than twice during a 12 month period to ensure that the 264

265 contract record of obligations is up to date and agrees with the figures in the master funding document.] ages ___ through ___ consists of this Table of Contents and the The Schedule on p 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 Suppor t Article V Precontract Expenses Additional Clauses Article VI General Provisions The following provisions, numbered as shown below, omitting number(s) ___, 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 265

266 13. Allowanc es 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 — Statement of Duties Article I atement of duties shall include: [The st 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.] — Period of Service Article II Employment under this contract is of a continuin g 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 e Mission Director or A. Except as reimbursement may be specifically authorized by th 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 266

267 accordance with the prevailing practice of the post or for ne cessary 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 (GPs). set out herein and in the attached General Provisions B. The amount budgeted and available as personal compensation to the contractor is calculated to cover a calendar period of approximately ___ (days) (weeks) (months) (years) (which is to include) (1) vacation and sick leave which may be earned duri ng the contractor's tour of duty (GP Clause No. 6), (2) ___ days for authorized travel (GP Clause 9), and (3) ___ days for orientation and consultation if required by the Statement of Duties. C. The contractor shall earn vacation leave at the rate of ___ d ays 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 ___ days per year under the contract. D. All employee rights and benefits from the previous contract or employment, i.e., accu mulated 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 lo ng 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. s for the full term of this contract will be provided by the preparation of a Additional fund 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 ed to this contract and will form a part of the executed contract while also be attach serving to amend the budget. 2. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall be allowed hereunder.) LC___ 3. Travel and Trans portation (Ref. GP Clause 9). (Includes the value of TRs furnished by the Government, not payable to contractor). a. United States — $___ b. International — $___ $___, LC ___ c. Cooperating and Third Country — 267

268 Subtotals Item 3 — $___, LC ___ Diem (Ref. GP Clause 9.) 4. Subsistence or Per — $___ a. United States b. International $___ — c. Cooperating and Third Country — $___, LC ___ Subtotals Item 4 — $___, LC ___ 5. Other Direct Costs. a. Physical Examination (Ref. GP Clause 3) — $___, LC ___ b. Miscellaneous — $___, LC ___ Su btotals Item 5 — $___, LC ___ Total Estimated Costs (Lines 1 thru 5) $___, LC ___ 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 d personnel related contract actions will be made by processing the same changes an - 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 fo rm 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 e ffected 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 p art 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 contr act and will form a part of the contract. In no event may costs under the contract exceed the total amount obligated. 268

269 Meritorious Step Increases for FSN PSCs may be authorized provided the granting of such increase is the general practice locally. er PSC funding document may not exceed the term or estimated total cost of The mast this contract. Notwithstanding that additional funds are obligated under this contract through the issuance and attachment of the master PSC funding document, all other ms and conditions remain in full effect. contract ter Article IV — Costs Reimbursable and Logistic Support A. General. The contractor shall be provided with or reimbursed in local currency ___ for the following: [Complete] B. Method of Payment of Local Currency Costs. Th ose 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 submi tted 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. uipment, and facilities to be provided by the cooperating [List any logistical support, eq 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 P recontract 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 a ccordance 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 spec ific 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 269

270 To be used to contract with cooperating country nationals or third country nation als 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 Tran sportation 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 A wards 20. Training 21. Medical Evacuation Services 270

271 1. DEFINITIONS (JUL 1993) [For use in both Cooperating Country National (CCN) and Third Country National (TCN) Contracts]. USAID shall mean the U.S. Agency for International Development. (a) Administra tor shall mean the Administrator or the Deputy Administrator of the U.S. (b) 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 determinati ons 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 ser ve 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. shall mean the government of the Cooperating Country. (f) Cooperating Government (g) Government shall mean the United States Government. Economy Class air travel shall mean a class of air travel which is less than business (h) or first class. Local Currency (i) shall mean the currency of the cooperating country. (j) Mission shall mean the United Sta tes 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. Third Country National shall mean an ind ividual (i) who is neither a citizen of the (l) 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. 271

272 (n) Traveler shall mean the contractor or dependents of the contractor who are in authorized travel status. Dependents shall mean spouse and children (including step and adopted children (o) 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 (JUL 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 abi de 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, impo rt, 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. Code of Conduct. The contractor shall, d uring his/her tour of duty under this contract, (c) 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 Gen eral 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 (JUL 1993) [For use in both CCN and TCN Contracts]. (a) Coope rating 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 The himself/herself and any authorized dependents by a licensed doctor of medicine. 272

273 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 uthorized which he/she is to be employed under the contract, and the contractor's a 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. mbursed for the cost of the physical examinations (ii) The contractor shall be rei 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 contr actor'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 employ ees. 4. (JUL 1993) SECURITY [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 contracto r 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 admini stratively controlled information for performance of assigned scope of work on a case - - case basis in accordance with USAID Handbook 6 or superseding by ADS Chapters. (c) The contractor agrees to submit immediately to the Mission Director or Contracting cer a complete detailed report, marked “Privileged Information”, of any information Offi 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 app licable 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. 273

274 6. LEAVE AND HOLIDAYS (OCT 1987) [For use in both CCN and TCN Contracts]. Vacation Leave. The contractor may accrue, accumulate, use and be paid for (a) vacation leave in the same manner as such leave is accrued, accumulated, used and - hire employees of the Mission. No vacation leave paid to foreign service national direct shall be earned if the contrac t 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 contra ctor 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 le ave used in excess of the amount earned during the contractor's assignment under the contract. (b) Sick Leave. The contractor may accrue, accumulate, and use sick leave in the same manner as such leave is accrued, accumulated and used by foreign service na tional 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. Holidays. The contractor shall be entitled to all holidays granted by the Mission to (d) direct - hire cooperating country national employees who are on compar able 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 (JUL 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. 274

275 (b) Health and Life Insurance. The contractor shall be provided personal health a nd 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. Insurance on Private Automobiles — (c) [For use in TCN Contractor Responsibility contracts]. If the contracto r 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 su ch 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 require d 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 Persona l 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. TRAVEL AND TRANSPORTATION EXPENSES (J UL 1993) 9. [For use in both CCN and TCN Contracts as appropriate]. (a) The contractor will be reimbursed in currency consistent with the prevailing General. practice at post and at the rates established by the Mission Director for authorized travel in the co operating 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 ti me 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 transportatio n 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 trav el 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 ravel from the place of residence) to the post of duty in the exceed the cost of the t cooperating country and return to place of residence in the country of recruitment (or 275

276 other location provided that the cost of such travel does not exceed the cost of travel from the post of du ty 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 pr ovisions 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 reason s 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 trav eler 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 aut horized 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 mos t 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. Local Travel. Reimbursement for local travel in connection wit h duties directly (c) 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 fo r 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 i ndirect 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 for eign 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, lag carriers will otherwise only that portion of travel accomplished by the United States - f be reimbursable within the above limitation of allowable costs. 76 2

277 (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 tra vel 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 - half of the required tour of duty of the contract, Country for at least 9 months or one ichever is greater, except as otherwise authorized hereunder for education, medical, wh 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 complet ion of the contractor's employment, otherwise such travel will not be reimbursed under this contract. (f) The contractor may be granted reasonable delays enroute while in Delays Enroute. travel status when such delays are caused by events beyond the contro l 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 P rivately 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 t he 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 cost of the mileage and per diem paid to all authorized travelers shall not the total 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. Emergency and I rregular Travel and Transportation. [For TCNs only]. Emergency (h) 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 dire ct - 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 h ealth if residence is continued at assigned post of duty. 277

278 (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 s. or his/her dependent (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 y the Mission Director, shall be payable in accordance with established Government b regulations. (3) The Mission Director may also authorize emergency or irregular travel and transportation in other situations when in his/her opinion the circumstances warra nt 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) [For TCNs only ]. The contractor Country of Recruitment Travel and Transportation. 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 trav el 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) [For TCNs only]. Rest and Recuperation Travel. If approved in writing by the Mission Director, the con tractor and his/her dependents - hire TCN shall be allowed rest and recuperation travel on the same basis as direct employees and their dependents at the post under the local compensation plan. (k) Transportation of Personal Effects (Excluding Automobiles an d Household Goods). [For TCNs only]. (1) Transportation costs will be paid on the same basis as for direct - hire General. employees at post serving the same length tour of duty, as authorized in the schedule. Transportation, including packing and crating co sts, 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 o f 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 oyees in accordance with the Foreign Service shipments for USAID direct - hire empl Travel Regulations in effect at the time shipment is made. These limitations may be 278

279 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. tomobiles) and Household Goods. (k) Transportation of Personal Effects (Excluding Au it will be formally revised in [A typographical error was corrected in the title of this paragraph and n ] the next AIDAR revisio Unaccompanied Baggage. Unaccompanied baggage is considered to be those (2) 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 contra ctor 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 limitations in effect for USAID direct - hire employees in accordance with to exceed the the Foreign Service Travel Regulations in effect when shipment is made. These limitations are available from the Contracting Officer. This unaccompanied baggage may be shipped as air freight by the most direct route between authorized points of origin and destination regardless of the modes of travel used. (l) Reduced Rates on U.S. - Flag Carriers. Reduced rates on U.S. - flag carriers are in effect for shipments of household goods and pe rsonal 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 AID. The Contracting Officer will, on evidence that the shipment is for the account of US 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 pers onal effects in amounts in excess of the reduced rates which are available in accordance with the foregoing. (m) [For TCNs Only]. Where U.S. flag vessels are not Transportation of things. available, or their use would result in a significant delay, the con tractor may obtain a release from the requirement to use U.S. flag vessels from the Transportation Division, Office of Acquisition and Assistance, U.S. Agency for International Development, Washington, 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 th e country of recruitment of 279

280 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 erating Country or stored in the that the total amount of effects shipped to the Coop 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. (MAY 1997) AYMENT 10. P or use in both CCN and TCN Contracts]. [F (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 - hire CCNs and TCNs or (2) the contractor may submit such written direct 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. o be filed under cooperating The documentation will also provide information required t 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 sh all be as prescribed by Mission policy for the type of payment being made. CONTRACTOR MISSION RELATIONSHIPS (DEC 1986) 11. - [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 peop le 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 ac cordance 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 countr y 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. cooperating In this capacity, he/she is responsible for the total USAID Program in the 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 280

281 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 re presentative 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 - 12.) 52.249 nment may terminate performance of work under this contract in whole or, (a) The Gover 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 reaso ns 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 c ooperating 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 subseq uent to such date have been paid by USAID, the contractor shall promptly refund to USAID any such prepayment as directed by the Contracting Officer. (2) For the convenience of USAID, by giving not less than 15 calendar days advance written notice to the co ntractor. 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 al lowances 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 performanc e of his/her services under the contract by reason of sickness or physical or emotional incapacity based upon a certification of such circumstances by a duly qualified doctor of medicine approved by the Mission. The contract shall be deemed delivery to the contractor of a termination notice. Upon such a terminated upon 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 281

282 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. (DEC 1986) ALLOWANCES [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 a nd 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 - citizen direct - hire same basis as to an USAID U.S. 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 PRIVELEGES (DEC 1986) [For TCNs only]. 282

283 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 bassy, USAID, Peace Corps, U.S. members of the official U.S. Mission including the Em 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 whe re 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 ed under this contract by the contractor and all reports and information gather 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 perso n, 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 an d 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 eff ective when delivered in accordance with this clause or on the effective date of the notice, whichever is later. (Pursuant to class deviation # M - OAA - DEV - AIDAR - 18 - 5c) (AAPD 16 - 03 Revised) - The strikethrough text below has been replaced with the highlighte d text. 19. Incentive Awards (DEC 1996) [For CNN and TCN Contracts]. 283

284 (a) All Cooperating Country National (CCN) Personal Services Contractors (PSCs) and Third Country Nationals (TCNs) of the Foreign Affairs Community are eligible for the ntive Awards Program. The program is administered by each post's Joint Embassy Ince (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 grantin g of such increases is the general practice locally. 19. INCENTIVE AWARDS (JUN 2018) [For CCN and TCN Contracts]. (a) Cooperating Country National (CCN) and Third Country National (TCN) personal services contractors of the Foreign Affairs Community are el igible for the Joint Special Embassy Incentive Awards Program. The program is administered by each post's (Embassy) Joint Country Awards Committee. (b) CCN and TCN personal services contractors are also eligible to receive certain monetary and non - monetary USAID incentive awards in accordance with the AIDAR and internal USAID policies. (c) Meritorious Step Increases. CCNs and TCN personal services contractors paid under the local compensation plan are eligible to receive meritorious step increases the granting of such increases is the general practice locally. provided 0. TRAINING 2 (JUL 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. Th e training may be funded under the personal services contract. (AAPD 18 Pursuant to Class Deviation M/OAA DEV - AIDAR - 18 - 03c - - 02) - The strikethrough text below has been replaced with the highlighted text. 21. Medical Evacuation (MEDEVAC) Services (JUL 2007) [For TCN Contracts Only]. 284

285 (a) The PSC must obtain MEDEVAC service coverage including coverage for authorized dependents while performing personal services abroad. Exceptions. (1) A PSC and authorized dependents with a health insurance program (b) ludes sufficient MEDEVAC coverage as approved by the Contracting Officer are that inc not required to obtain MEDEVAC service coverage. (2) The Mission Director at the post of assignment may make a written determination to waive the requirement for such coverage. Th e determination must be based on findings that the quality of local medical services or other circumstances obviate the need for such coverage for PSCs and their dependents located at post. 21. MEDICAL EVACUATION (MEDEVAC) SERVICES (MAY 2018) [For TCN Cont racts Not Subject to the Local Compensation Plan Only] USAID will provide Medevac services to the contractor and authorized dependents through the Department of State’s Bureau for Medical Services (MED), similar to those provided to U.S. Government employ ees in accordance with 16 FAM 300 Medical Travel. Medevac costs include travel and per diem, but do not include medical care costs. To be covered by the Medevac program, the contractor and authorized dependents must obtain and maintain international health insurance coverage that includes overseas hospitalization, and must provide proof of such insurance to the contracting officer prior to relocation abroad. For the contractor or authorized dependents to receive Medevac services through State MED, the indi vidual must be able to obtain the required visa for the country in which the nearest State MED Medevac center is located. If the contractor or authorized dependent is not able to obtain the required visa for the country in which the nearest State MED ac center is located, State MED will attempt to find an acceptable alternate Medev Medevac site. If State MED cannot find one, depending on the specific medical need, the individual may be medically evacuated to his/her home country of record, or may be to remain at his/her current location for continuing treatment. Once the required contractor or authorized dependent is medically evacuated, State MED will manage his/her medical situation, and determine when he/she is cleared to return to the Mission. If State ME D is not able to manage the medical situation, either at the alternate Medevac site or the home country of record, the contractor will be responsible for contacting State MED Medical Clearances to obtain clearance for return to the Mission. If the contract or has exhausted all earned leave and cannot return to the Mission in a reasonable period of time, as determined by the his/her supervisor, the contracting officer may terminate the contract. 13. FAR C LAUSES The following FAR Clauses are always to be used along with the General Provisions. They are required in full text. 5 1. Covenant Against Contingent Fees 52.203 - 285

286 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 Ge neral Provisions, and when appropriate, be incorporated in each personal services contract by reference: - Kickback Procedures 1. Anti - 7 52.203 2. Limitation on Payments to Influence Certain Federal Transactions 52.203 - 12 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 - 20 52.232 - 22 9. Limitation of Funds 52.232 5 2.232 10. Assignment of Claims 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 [62 FR 42929, Aug. 11, 1997, as amended at 72 FR 19670, Apr. 19, 2007] Aidar_040319 286

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