[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Proposed Rules]
[Pages 6812-6833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2311]
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Part II
Agency for International Development
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48 CFR Chapter 7
USAID Direct Contracts for Personal Services; Proposed Rule
Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 /
Proposed Rules
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AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Chapter 7
RIN 0412-AA49
USAID Direct Contracts for Personal Services
AGENCY: United States Agency for International Development.
ACTION: Proposed rule.
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SUMMARY: The U.S. Agency for International Development (USAID) is
proposing to consolidate its regulations on USAID Direct Contracts for
all types of Personal Services into one Appendix. This will clarify and
consolidate all regulations for personal services contracts and will
eliminate the need for having to refer to multiple sources. This new
Appendix A will replace Appendix D--Direct USAID Contracts with a U.S.
Citizen or a U.S. Resident Alien for Personal Services Abroad, and
Appendix J--Direct USAID Contracts with a Cooperative Country National
and with a Third Country National for Personal Services Abroad.
Appendix A will also incorporate all the regulations and policies
currently contained in Contract Information Bulletins (CIBs) and
Acquisition and Assistance Directives (AAPDs). This will eliminate the
need to refer to two different appendices and other sources for
regulations and policies on personal services contracting.
This Appendix will be divided into four parts--one part containing
provisions for all types of Personal Services Contracts (PSCs), the
second part for U.S. PSCs only, the third part for Third-Country
National (TCN) PSCs only, and the fourth part for Cooperating Country
National (CCN) PSCs, also known as Foreign Service National (FSN) PSCs
only. The USPSC part will identify the provisions for U.S. nationals
working in AID/W and those posted overseas. In addition, all non-
regulatory information such as procedures and guidance currently
contained in Appendices D and J will be removed and incorporated into
USAID's internal policy manual--the automated directives system (ADS).
We believe this separation of regulations and policies from the
procedures and guidance on personal services contracting will clarify
and consolidate the regulatory requirements.
DATES: Submit comments on or before April 16, 2007.
ADDRESSES: Submit comments, identified by Title: ``USAID Direct
Contracts for Personal Services'' and Regulatory Information Number
``RIN 0412-AA49'' for this rulemaking. Please include your name, title,
organization, postal address, telephone number, and e-mail address in
the text of the message. Comments can be submitted using any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include title
of the proposed action ``USAID Direct Contracts for Personal Services''
and ``RIN 0412-AA49'' in the subject line of the message.
Fax: (202) 216-3395.
Mail: USAID, Office of Acquisition & Assistance, Policy
Division, RRB Room No. 7.9-18, 1300 Pennsylvania Avenue NW.,
Washington, DC 20523-0001.
FOR FURTHER INFORMATION CONTACT: Tom Henson, Telephone 202-712-5448, E-
mail: [email protected].
SUPPLEMENTARY INFORMATION: Public Participation: Because security
screening precautions have slowed the delivery and dependability of
surface mail to USAID/Washington, USAID recommends sending all comments
to the Federal e-Rulemaking Portal, e-mail address, or fax number
listed above (all comments must be in writing to be reviewed). You may
submit comments by electronic mail as a Microsoft Word file, avoiding
the use of any special characters and any form of encryption.
All comments will be made available for public review without
change, including any personal information provided, from three days
after receipt to finalization of rule at http://www.regulations.gov.
A. Background
Since the late 1990s, the Agency's regulations regarding personal
services contracts--Appendices D and J--have not been updated to
include changes in the processes and interpretations of the Appendices.
Further, given the changing roles and responsibilities of the Agency,
it is necessary to clarify and update USAID's policy and regulation for
personal services contracts. The Proposed Rule consolidates Appendices
D and J of the USAID Acquisition Regulations (the ``AIDAR'') into
Appendix A, which was previously reserved. Appendix A standardizes the
Agency's policies, rules, and regulations regarding personal services
contracts, eliminates repetition between the two Appendices, updates
the Agency's general provisions, and clarifies the Agency's processes
and authorities for all Personal Services Contracts awarded by the
Agency.
Under this proposed rule, the Agency establishes a mechanism
intended to be applicable to all types of Personal Services Contracts.
This proposed rule identifies provisions applicable to all personal
services contracts, distinguishes the differences, and organizes and
identifies the Agency's applicable rules and regulations to more
clearly understand what is considered regulatory in nature and what is
considered policy.
B. Regulatory Planning and Review
This is not a significant regulatory action and, therefore, is not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), USAID has considered the economic
impact of the rule and has determined that its provisions would not
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the AIDAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501 et seq.
List of Subjects in 48 CFR Chapter 7
Government procurement.
For the reasons set forth in the preamble, under the authority of
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, the
U.S. Agency for International Development proposes to amend 48 CFR
Chapter 7 as follows:
1. Add Appendix A to Chapter 7 to read as follows:
Appendix A to Chapter 7--USAID Direct Contracts for Personal Services
1. General
(a) Purpose. This appendix sets forth the process for
competition of personal services contracts, and provides the General
Provisions to be included in each type of contract. There are three
main types of personal services contracts:
(1) Contracts with U.S. citizens or U.S. resident aliens,
referred to as U.S. Personal Services Contractor (USPSC);
(2) Contracts with citizens of the cooperating country or non-
citizens who
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reside legally within the cooperating country, referred to as
Foreign Service National Personal Services Contractor (FSNPSC) \1\;
and
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\1\ Also referred to/known as Cooperating Country National
Personal Services Contractor (CCNPSC).
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(3) Contracts with individuals who are neither U.S. citizens/
U.S. resident aliens nor citizens of the cooperating country and who
have repatriation rights at the end of the contract, referred to as
Third Country National Personal Services Contractor (TCNPSC).
(b) Federal Acquisition Regulations (FAR) and U.S. Agency for
International Development Acquisition Regulations (AIDAR). Contracts
for personal services are subject to the FAR and the AIDAR. Other
than the limited exceptions described below, Contracting Officers
must provide for full and open competition in soliciting offers and
awarding Government contracts.
(c) Definitions (See Part I, General Provision I of this
Appendix).
2. Publicizing Solicitations
(a) Contracting Officers must publicize solicitations for U.S.
citizen/U.S. Resident Alien PSCs (USPSCs) who will be based in
Washington and in USAID Missions, in FedBizOpps (FBO) at http://www.fbo.gov for a minimum of ten (10) working days. Specific
exceptions for advertising locally recruited USPSCs (also known as
resident hires), Foreign Service National PSCs (FSNs), and Third
Country National PSCs (TCNs) are outlined in paragraph 3 below. In
addition, other exceptions to advertising federal opportunities are
contained in FAR Part 5 and AIDAR Part 705. If the publicizing
procedures set out above are not followed, the Contracting Officer
must prepare a deviation and a separate justification as required
under AIDAR 706.302-70(c)(2).
(b) In addition to advertising in FedBizOpps, the M/OAA
Director, acting as head of the Agency under the authority of AIDAR
701.601(a)(1), has authorized USAID Contracting Officers to place
paid advertisements and notices in newspapers and periodicals. This
specific authorization is found in AIDAR 705.502. Contracting
Officers must document the contract file to reflect consideration of
the requirements of (48 CFR) FAR 5.101(b)(4). Any advertising in
addition to FedBizOpps must be approved by the cognizant CO. When
using two sources of advertising, publishing dates and deadlines
must be taken into consideration as the FBO posting must occur
first. Other means of advertising a solicitation prior to
publication in FedBizOpps is a violation of Federal procurement
regulations and statutes (FAR 5.101 and FAR 5.102).
3. Exceptions to Publicizing in FedBizOpps
(a) Locally Recruited PSCs. For locally recruited PSCs,
advertising requirements have been met by soliciting offers from as
many potential offerors as is practicable under the circumstances
and by meeting the following conditions for use of the Class
Justification (See Attachment 1):
(1) Personal services contracts with United States Citizens
Recruited Locally. If recruited locally, the position is publicized
in the same way that the Mission announces direct-hire U.S. citizen
positions. Renewals or extensions with the same individual for the
same services do not need to be publicized.
(2) Personal services contracts with FSNs and TCNs subject to
the Local Compensation Plan. New solicitations are publicized
consistent with Mission practice on announcement of FSN positions.
Renewals or extensions with the same individual for the same
services do not need to be publicized.
(b) Extensions and Renewals. Publicizing is not required for
extensions or renewals with the same individual for the same
services.
(c) Personal services contracts for six months or less. The Head
of USAID's Contracting Activity has determined that publicizing in
FedBizOpps is not required for personal services contracts for six
months or less. However, as required in FAR 37.104 and FAR 37.105,
the CO is responsible for soliciting offers from the maximum number
of offerors as is practicable under the circumstances. The CO always
reserves the right to use the procedures in paragraph 2--Publicizing
Solicitations. These personal services contracts must not be
extended or renewed.
4. Competition
(a) Full and Open Competition. Contracts for personal services
are subject to the Competition in Contracting Act (CICA).
(b) Exceptions to Full and Open Competition. USAID has special
authority under the Foreign Assistance Act to waive the requirement
for full and open competition when foreign aid programs would be
impaired (AIDAR 706.302-70).
(1) USAID's Procurement Executive has used this special
authority and approved a class justification for exception to full
and open competition for USPSCs recruited locally, and for FSNs, and
TCNs subject to the local compensation plan, awarded pursuant to
AIDAR 706.302-70(b)(1)--``An award under Section 636(a)(3) of the
Foreign Assistance Act of 1961, as amended, involving a personal
services contractor serving abroad.'' The term ``Locally Recruited''
does not apply to those individuals recruited for work in the United
States. It also does not apply to those individuals who are
recruited from the U.S. to work in a mission outside the U.S.
The conditions for use of this class justification are listed in
3.A above--``Locally Recruited PSCs'', and the limitations,
certification and file documentation below must be satisfied. This
class justification does not apply to hiring offshore-PSCs and must
not be used for hiring a PSC under a sole source procurement.
(i) Limitations
When using the Class Justification, offers must be requested
from as many potential offerors as is practicable under the
circumstances and the advertising requirements in 3.A above--
``Locally Recruited PSCs'' must be followed.
(ii) Certification and File Documentation
A copy of the class justification must be included in the
contract file, together with a written statement, signed by the
Contracting Officer, that: The contract is being awarded pursuant to
AIDAR 706.302-70(b)(1)--``An award under Section 636(a)(3) of the
Foreign Assistance Act of 1961, as amended, involving a personal
services contractor serving abroad''; the conditions for use of the
class justification have been met; and the cost of the contract is
fair and reasonable.
(2) Extensions and Renewals. This exception applies to
extensions or renewals with the same individual for the same or
similar services. This applies to all personal services contracts
except those contracts described in 3C above--``Personal services
contracts for six months or less.'' For extensions and renewals, the
contracting officer must make the determination that the incumbent
is the only practicable, potential offeror.
Regardless of the intent to continue obtaining the same services
from the same individual, a new contract (as opposed to a contract
modification) must be issued to that individual after a 5-year
period of performance. This allows the requiring office and the CO
to ensure the terms and conditions and the statement of duties are
current. In all cases, the CO has the final determination as to the
need for any revisions. If the changes to the statement of duties
expand it beyond the scope of ``same or similar services,'' the CO
must ensure that the appropriate competitive procedures are followed
for a new procurement.
(3) Other non-competitive procedures. The class justification
only covers circumstances outlined above in paragraph 1 of 4.B.--
``Exceptions to full and open competition.'' To use any other
exception in FAR 6.302 or AIDAR 706.302.70, the Contracting Officer
must adhere to the limitations in AIDAR 706.302.70(c) and must
prepare a separate justification as required under FAR 6.303. The
class justification is not valid in these instances.
5. Issuance of the Solicitation and Receipt of Applications
Once the solicitation is issued, USPSCs must submit an OF-612 or
SF-171 form, completed and signed, to the individual designated for
the receipt of applications in the solicitation. FSN and TCN PSCs
must submit an AID Form 1420-17--Contractor Employee Biographical
Data Sheet along with any other required documentation requested in
the solicitation to the individual designated for the receipt of
application in the solicitation. Individuals responding to the
solicitation may use any transmission method authorized by the
solicitation (i.e. regular mail, electronic commerce, or facsimile).
See FAR Part 15.207 for handling proposals and information.
6. General Provisions
This section contains the General Provisions, which are to be
used as specified in contracts with a U.S. Citizen or a Resident
Alien (USPSC), Foreign Service National (FSNPSC) or a Third Country
National (TCNPSC)
The General Provisions are divided into four parts as follows:
PART I: For inclusion in all types of Personal Service Contracts
(USPSCs, TCNs and FSNs)
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PART II: For inclusion in U.S. Personal Service Contracts (USPSCs)
only
PART III: For inclusion in Third Country National Personal Service
Contracts (TCNPSCs) only
PART IV: For inclusion in Foreign Service National Personal Service
Contracts (FSNPSCs) only
PART I: For Inclusion in All Types of Personal Service Contracts
(USPSCs, TCNPSCs and FSNPSCs)
1. Definitions
(a) USAID means the United States Agency for International
Development offices, bureaus, and divisions, in both Washington and
field missions, and its predecessor agencies, including the
International Cooperation Administration (ICA).
(b) Administrator means the Administrator of USAID or
representative delegated administrator's authority.
(c) Class Justification means a document signed by the
Procurement Executive that describes specific circumstances in which
full and open competition is not required.
(d) Cognizant Technical Officer (CTO) means the individual who
performs functions that are designated by the Contracting Officer,
or is specifically designated by policy or regulation as part of
contract administration. The CTO has no warrant and has no authority
other than those noted above. In other parts of the U.S. Government,
the synonymous term is usually Contracting Officer's Technical
Representative (COTR).
(e) Contracting Officer (CO) means a person representing the
U.S. Government through the exercise of his/her delegated authority
to enter into, administer, and/or terminate contracts and make
related determinations and findings. This authority is delegated by
one of two methods: to the individual by means of a ``Certificate of
Appointment'', SF 1402, as prescribed in FAR 1.603-3, including any
limitations on the scope of authority to be exercised, or to the
head of each contracting activity (as defined in AIDAR 702.170), as
specified in AIDAR 701.601. (ADS 302).
(f) Contractor means a non-direct hire individual acting as an
agent of USAID and carrying out a scope of work specified by USAID
(ADS 102).
(g) Cooperating Country or Host Country means the country
receiving the USAID assistance. Cooperating Country means the same
as ``host country.''
(h) Cooperating Country Government means the government of the
Cooperating Country.
(i) Dependent(s) means:
(1) A spouse;
(2) Children who are under 21 years of age and unmarried or,
regardless of age, are incapable of self-support (children include
step--and adopted--children and those who are under legal custody of
the employee or spouse and are dependent upon and normally reside
with the employee and are expected to be under guardianship of the
employee until 21 years of age);
(3) Parents (including step--and legally adoptive--parents) who
are at least 51 percent dependent on the employee for support; and
(4) Brothers and/or sisters (including step--and adoptive--
brothers and/or sisters) who are 51 percent or more dependent on the
employee, unmarried and under 21 years of age. However, there is no
age limit if they are physically or mentally incapable of self-
support.
(j) Economy Class means a class of air travel that is less than
business or first class.
(k) Employer-employee relationship means an employment
relationship under a service contract with an individual, which
occurs when, as a result of the contract's terms or the manner of
its administration during performance, the PSC is subject to the
relatively continuous supervision and control of a Government
officer or employee.
(l) Foreign Service National (FSN) means the individual who is a
Cooperating Country citizen or a non-Cooperating Country citizen
lawfully admitted for permanent residence in the Cooperating
Country. For the purpose of this Appendix, FSN employees are the
same as CCN employees and are used interchangeably. Note that FSN is
the most widely used terminology to describe non-U.S. citizen
employees.
(m) Government means the United States Government.
(n) Local currency means the currency of the Cooperating
Country.
(o) Locally Recruited means recruitment of individuals residing
in the cooperating country. Locally recruited does not apply to
those individuals recruited for work in the United States. It also
does not apply to those individuals who are recruited from the U.S.
to work in a mission outside the U.S.
(p) Mission means the USAID Mission or the principal USAID
office or representative (including an embassy designated to so act)
in a Cooperating Country in which there is a program or activity
administered by USAID.
(q) Mission Director means the principal officer in the Mission
in the Cooperating Country, or the designated representative of the
Mission Director.
(r) Offshore PSCs \2\ means an individual who is brought into
the host country at Government expense and has repatriation rights.
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\2\ Also referred to/known as ``Internationally Recruited PSCs''
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(s) Period of Performance means the PSC's period of service as
defined under the contract. Time spent initially traveling to post
and final travel when departing from post is not included in the
period of performance and is not subject to salary even though
travel expenses may be allowable.
(t) Personal services contract means a contract that, by its
express terms or as administered, makes the contractor personnel
appear, in effect, Government employees (see FAR 37.104) (FAR 2.101)
The acronym ``PSC'' is used to describe a personal services
contractor.
(u) Resident Hire (also referred to as Locally Recruited USPSCs)
means individuals who are U.S. citizens who at the time of hiring as
a PSC, reside in the cooperating country:
(1) As a spouse or dependent of a U.S. citizen employed by a
U.S. Government Agency or under any U.S. Government-financed
contract or agreement, or under any other contract or agreement that
provides for repatriation to the United States; or
(2) For reasons other than for employment with a U.S. Government
Agency or under any U.S. Government-financed contract or agreement,
or under any other contract or agreement that provides for
repatriation to the United States.
(3) 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.
(v) Short-term personal services contract means a contract for
less than one year.
(w) Third Country National (TCN) means an individual who is
neither a citizen of the United States nor a citizen of the country
to which assigned for duty, AND who is eligible for return travel to
their home country or country from which recruited at U.S.
Government expenses, AND who is on a limited assignment for a
specific period of time.
(x) Traveler means:
(1) The PSC when in authorized travel status, and/or
(2) Dependent(s) of the PSC who are in authorized travel status.
(y) U.S. Resident Alien means a non-U.S. citizen lawfully
admitted for permanent residence in the United States.
2. Compliance With Laws and Regulations
(a) Standards of Conduct.
(1) The PSC will be required to comply with the same ethics
laws, rules, and regulations as required of USAID direct hire
employees. However, if the PSC's period of performance is less than
130 days during any period of 360 days, the PSC will be subject to
the same laws, rules, and regulations as a ``special Government
employee'' and subject to the provisions of Title 18--Crimes and
Criminal Procedure, Part I--Crimes, Chapter 11--Bribery, Graft, and
Conflict of Interest, as set forth in 18 U.S.C. 202(a).
(2) By signing this contract, the PSC agrees to comply with all
ethics laws, rules, and regulations that are applicable to other
USAID direct hire employees, including 18 U.S.C. 202, 203, 205, 207,
208, 209, and 219, the USAID General Notice entitled ``Employee
Review of the New Standards of Conduct,'' and 5 CFR part 2635.
(3) If, however, the PSC's period of performance is less than
130 days during any period of 360 days, by signing this contract,
the PSC agrees to comply with the same laws, rules, and regulations
as a ``special Government employee'' and subject to the provisions
as set forth in 18 U.S.C. 202(a), the USAID General Notice entitled
``Employee Review of the New Standards of Conduct,'' and the
portions of 5 C.F.R. Part 2635 that are applicable to ``Special
Government Employees.''
(b) Conformity to Laws and Regulations of the Cooperating
Country. PSC agrees that, while in the cooperating country, the PSC
as well as dependents, must abide by all applicable laws and
regulations of the cooperating country and its political
subdivisions.
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3. Contractor--USAID Relationships
(a) The PSC acknowledges that this contract is an important part
of the U.S. Foreign Assistance Program and agrees that the duties
will be carried out in such a manner as to be fully commensurate
with the responsibilities which this entails.
(b) The PSC is expected to show respect for the conventions,
customs, and institutions of the Cooperating Country and not
interfere in its political affairs.
(c) If the PSC's conduct is not in accordance with paragraph (b)
of this provision, the contract may be terminated under the General
Provision of this contract, entitled ``Termination''. In addition,
the U.S. Ambassador may direct the immediate removal of a USPSC or a
TCNPSC from any country when, in the discretion of the Ambassador,
the interests of the United States so require.
(d) The Mission Director is the chief representative of USAID in
the Cooperating Country. In this capacity, s/he is responsible for
the total USAID Program in the Cooperating Country including certain
administrative responsibilities set forth in this contract and for
advising USAID regarding the performance of the work under the
contract and its effect on the U.S. Foreign Assistance Program. The
PSC will be responsible for performing duties in accordance with the
statement of duties called for by the contract, and as required and
necessary, report on the progress of the work under the contract.
4. Workweek
The PSC's workweek must not be less than 40 hours, unless
otherwise provided in the Contract Schedule, and must coincide with
the workweek as defined by the Mission. If the contract is for less
than full time (40 hours weekly), the annual and sick leave earned
must be prorated (see the General Provision of this contract
entitled Leave and Holidays).
5. Insurance
Worker's Compensation Benefits. USAID will provide the PSC with
worker's compensation benefits in accordance with the Federal
Employees' Compensation Act.
6. Termination
(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)(i) For cause, which may be effected immediately after
establishing the facts warranting the termination, by giving written
notice and a statement of reasons to the PSC in the event of:
(A) A breach or violation of any obligations contained in this
contract; or
(B) Fraud being committed in obtaining the contract; or
(C) Misconduct by the PSC (as determined by the USAID Mission
Director or Contracting Officer) in or affecting the Cooperating
Country.
(ii) Upon such a termination, the PSC's right to compensation
stops when the period specified in the written notice expires or the
last day on which the PSC performs services in support of this
contract, whichever is earlier. No costs of any kind incurred by the
PSC after the effective date in this notice may be reimbursed 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 PSC must
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 PSC. Upon such a
termination, PSC's right to compensation stops when the period
specified in the written notice expires except that the PSC is
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 that apply to authorized travel status.
(3) For the convenience of USAID, when the PSC is unable to
complete performance of the 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 will be deemed
terminated upon delivery to the PSC of a written termination notice.
Upon such a termination, the PSC will not be entitled to
compensation except to the extent of any unused vacation or sick
leave, but will be entitled to return transportation, travel
allowances, and unaccompanied baggage costs at rates specified in
the contract and subject to the limitations that apply to authorized
travel status.
(4) For convenience, when a final security clearance is denied.
The contract will be deemed terminated upon issuance to the PSC of a
written termination notice. Upon such a termination, the PSC's right
to compensation stops when the period specified in the written
notice expires or the last day on which the PSC performs services in
support of this contract, whichever is earlier. The PSC will be
entitled to any unused vacation leave, and will be entitled to
return transportation, travel allowances, and unaccompanied baggage
costs at rates specified in the contract and subject to the
limitations that apply to authorized travel status.
(b) The PSC, with the written consent of the Contracting
Officer, may terminate this contract upon at least 15 days' written
notice to the Contracting Officer.
7. Termination of PSCs Hired Under the Local Compensation Plan
For those PSCs hired under the local compensation plan,
termination will be in accordance with the local compensation plan.
8. Release of Information
All rights in data and reports required by or developed under
this contract become the property of the U.S. Government. All
information gathered under this contract by the PSC and all reports
and recommendations hereunder must be treated as confidential by the
PSC and must not, without the prior written approval of the
Contracting Officer, be made available to any person, party, or
government, other than USAID, except as otherwise expressly provided
in this contract. All data and reports, including copies, will
remain the property of USAID.
9. Training
The PSC may be provided job related training to expand
capabilities and increase knowledge and skills.
10. Reports
(a) The PSC must prepare and submit two copies of each technical
report required by the schedule of this contract to the Development
Experience Clearinghouse, Via E-mail: [email protected]; Via
U.S. Postal Service: Development Experience Clearinghouse, 8403
Colesville Road, Suite 210 Silver Spring, MD 20910, USA; 3c) Via
Fax: (301) 588-7787; or Online: http://www.dec.org/index.cfm?fuseaction=docSubmit.home.
(b) The title page of all reports forwarded to the Development
Experience Clearinghouse under this paragraph must include a
descriptive title, the author's Name(s), contract number, project
number and title, PSC's name, name of the USAID project office, and
the publication or issuance date of the report.
(c) When preparing reports, the PSC must refrain from using
elaborate art work, multicolor printing, and expensive paper/
binding, unless it is specifically authorized in the Contract
Schedule. Wherever possible, pages must be printed on both sides
using single spaced type.
11. Prohibition on the Use of Federal Funds To Promote, Support, or
Advocate for the Legalization or Practice of Prostitution--
Acquisition
(a) The U.S. Government is opposed to prostitution and related
activities, which are inherently harmful and dehumanizing, and
contribute to the phenomenon of trafficking in persons. None of the
funds made available under this contract may be used to promote,
support, or advocate the legalization or practice of prostitution.
Nothing in the preceding sentence will be construed to preclude
assistance designed to ameliorate the suffering of, or health risks
to, victims while they are being trafficked or after they are out of
the situation that resulted from such victims being trafficked.
(b) The contractor shall insert this provision in all sub-awards
under this award.
(c) This provision includes express terms and conditions of the
contract and any violation of it shall be grounds for unilateral
termination, in whole or in part, of the contract by USAID prior to
the end of its term.
12. Homeland Security Presidential Directive-12 (HSPD-12)
(a) In response to the general threat of unauthorized access to
federal facilities and information systems, the President issued
Homeland Security Presidential Directive-
[[Page 6816]]
12. HSPD-12 requires all Federal agencies to use a common Personal
Identity Verification (PIV) standard when identifying and issuing
access rights to users of Federally-controlled facilities and/or
Federal Information Systems. USAID will begin issuing HSPD-12
``smart card'' IDs to applicable contracts, using a phased approach.
Effective October 27, 2006, USAID will begin issuing new ``smart
card'' IDs to new contractors (and new contractor employees)
requiring routine access to USAID controlled facilities and/or
access to USAID's information systems. USAID will begin issuance of
the new smart card IDs to existing contractors (and existing
contractor employees) on October 27, 2007. (Exceptions would include
those situations where an existing contractor (or contractor
employee) loses or damages his/her existing ID and would need a
replacement ID prior to Oct 27, 2007. In those situations, the
existing contractor (or contractor employee) would need to follow
the PIV processes described below, and be issued one of the new
smart cards.)
(b) Accordingly, before a contractor (including a PSC* or a
contractor employee) may obtain a USAID ID (new or replacement)
authorizing him/her routine access to USAID facilities, or logical
access to USAID's information systems, the individual must provide
two forms of identity source documents in original form and a
passport size photo. One identity source document must be a valid
Federal or state government-issued picture ID. (Overseas foreign
nationals must comply with the requirements of the Regional Security
Office.) USAID/W contractors must contact the USAID Security Office
to obtain the list of acceptable forms of documentation, and
contractors working in overseas Missions must obtain the acceptable
documentation list from the Regional Security Officer. Submission of
these documents, and related background checks, are mandatory in
order for the contractor to receive a building access ID, and before
access will be granted to any of USAID's information systems. All
contractors must physically present these two source documents for
identity proofing at their USAID/W or Mission Security Briefing. The
contractor or his/her Facilities Security Officer must return any
issued building access ID and remote authentication token to USAID
custody upon termination of the individual's employment with the
contractor or completion of the contract, whichever occurs first.
(c) The contractor must comply with all applicable HSPD-12 and
PIV procedures, as described above, and any subsequent USAID or
government-wide HSPD-12 and PIV procedures/policies, including any
subsequent related USAID General Notices, Office of Security
Directives and/or Automated Directives System (ADS) policy
directives and required procedures. This includes HSPD-12 procedures
established in USAID/Washington and those procedures established by
the overseas Regional Security Office.
(d) In the event of inconsistencies between this clause and
later issued Agency or government-wide HSPD-12 guidance, the most
recent issued guidance should take precedence, unless otherwise
instructed by the Contracting Officer.
(e) The contractor is required to include this clause in any
subcontracts that require the subcontractor or subcontractor
employee to have routine physical access to USAID space or logical
access to USAID's information systems.
13. Federal Acquisition Regulation (FAR) Clauses To Be Incorporated
in Full Text in All Personal Services Contracts
The following FAR Clauses are always to be used along with the
General Provisions. They are required in full text.
(a) Covenant Against Contingent Fees 52.203-5
(b) Payment by Electronic Funds Transfer--Other than Central
Contractor Registration 52.232-34
(c) Disputes 52.233-1 (Alternate 1)
(d) Preference for U.S. Flag Air Carriers 52.247-63
14. FAR Clauses To Be Incorporated by Reference in All 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:
(a) Anti-Kickback Procedures 52.203-7
(b) Limitation on Payments to Influence Certain Federal
Transactions 52.203-12
(c) Audit and Records--Negotiation 52.215-2
(d) Privacy Act Notification 52.224-1
(e) Privacy Act 52.224-2
(f) Taxes--Foreign Cost Reimbursement Contracts 52.229-8
(g) Interest 52.232-17
(h) Limitation of Cost 52.232-20
(i) Limitation of Funds 52.232-22
(j) Assignment of Claims 52.232-23
(k) Protection of Government Buildings, Equipment, and
Vegetation 52.237-2
(l) Notice of Intent to Disallow Costs 52.242-1
(m) Inspection of Services--Cost-Reimbursement 52.246-5
(n) Limitation of Liability--Services 52.246-25
PART II: For Inclusion in U.S. Personal Service Contracts (USPSCs) Only
1. Purchase or Sale of Personal Property or Automobiles (August
2006). (Only for inclusion in offshore USPSCs)
(a) To the extent permitted by the cooperating country, the
purchase, sale, import, or export of personal property or
automobiles in the cooperating country by the PSC is subject to the
same limitations and prohibitions that apply to Mission U.S.-citizen
direct-hire employees.
(b) Insurance on Private Automobiles. If the PSC or the
dependents transport, or have transported, privately owned
automobile(s) to the Cooperating Country or purchase an automobile
within the Cooperating Country, the PSC agrees to cover such
automobile(s) (during such ownership within the Cooperating Country)
by a current, i.e., not in arrears, insurance policy. The insurance
policy must be issued by a reliable company providing the following
minimum coverage, or such other minimum coverage as may be set by
the Mission Director, payable in U.S. dollars or their equivalent in
the currency of the Cooperating Country: injury to persons, $10,000/
$20,000; and property damage, $5,000. The PSC further agrees to
deliver, or have delivered, to the Mission Director, the insurance
policies required by this provision or satisfactory proof of their
existence, before the automobile(s) is operated within the
Cooperating Country. The premium costs for such insurance are not
reimbursable under this contract.
2. Physical Exams (for Inclusion in Washington-Based USPSCs)
(a) Physical Fitness. Washington-based USPSCs are not required
to obtain a physical exam unless their work schedule calls for
overseas TDY assignments of 60 days or more in the aggregate during
a 12-month period.
(b) For Washington based USPSCs whose contracts require TDYs,
which in the aggregate amount to 60 days or more in a calendar year,
the PSC must obtain a medical clearance from State M/MED prior to
any travel overseas. The Contracting Officer will provide the USPSC
with a medical clearance packet for this purpose.
3. Physical Exams and Health Room Privileges (for Inclusion in
Offshore USPSCs)
(a) Physical Fitness.
(1) For contracts performed outside the United States for less
than 60 days in a calendar year, the PSC is required to be examined
by a licensed doctor of medicine and obtain from the doctor a
statement of medical opinion that, in the doctor's opinion, the
contractor is physically able to engage in the type of activity for
which the PSC is being employed under the contract. A copy of the
statement(s) shall be provided to the Contracting Officer prior to
the contractor's departure overseas, or for a U.S. resident hire,
before the PSC starts work under the contract. As an example, the
doctor may choose to use the language of the doctor's statement of
medical opinion at the end of the form AID 1420-62 which identifies
the contractor by name, to meet this requirement. However, form AID
1420-62 is not required to be completed for contracts less than 60
days.
(2) For all contracts performed outside of the United States in
excess of 60 days, the PSC and any authorized dependents must be
examined by a licensed doctor of medicine and must obtain a medical
clearance from the U.S. Department of State, Office of Medical
Services, Medical Clearance Unit (M/MED). A copy of the M/MED
Medical Clearance abstract must be provided to the Contracting
Officer before the contract is signed.
(3) The PSC and the dependents are authorized physical
examinations within 60 days after completion of the PSC's period of
performance. The PSC is subject to the same re-imbursement
restrictions as the initial exam.
(b) Reimbursement.
(1) As a contribution to the cost of medical examinations
required by paragraph (a)(1) of this provision, USAID shall
reimburse the contractor not to exceed $250 for each physical
examination, plus reimbursement of charges for immunizations.
[[Page 6817]]
(2) (i) As a contribution to the cost of medical examinations
required by paragraph (a)(2) and (3) of this provision, USAID will
reimburse the PSC in an amount not to exceed half of the cost of the
examination up to a maximum of $700 per examination plus
reimbursement of charges for immunizations for the PSC and for each
authorized dependent 12 years of age or over. The USAID contribution
for dependents under 12 years of age will not exceed half of the
cost of the examination up to a maximum of $350 per individual plus
reimbursement of charges for immunizations. The PSC must obtain the
prior written approval of the Contracting Officer to receive any
USAID obligations higher than these limits.
(ii) If M/MED requires the proposed PSC and/or dependents to
have additional tests done before providing medical clearance, the
proposed PSC shall notify the Contracting Officer and the
responsible individual in the requiring office. These additional
tests shall be reimbursed to the proposed PSC at 100% of incurred
costs, minus any payments by the proposed PSC's insurance company.
(c) Health Unit Privileges. After the PSC and dependents receive
M/MED clearance, routine medical services shall be available in
their overseas location. Procedures at the Health Room shall be in
accordance with post policy at the post of duty. These services do
not include hospitalization or predeparture examinations. The
services normally include such medications as may be available,
immunizations and preventive health measures, diagnostic
examinations and advice, and home visits as medically indicated.
Emergency medical treatment is provided to U.S. citizen PSCs and
dependents, whether or not they may have been granted access to
routine health room services, on the same basis as would be to any
U.S. citizen in an emergency medical situation in the country,
including post support for medevac (although medevac service will be
paid for by the PSC's medevac insurer) and post support for
hospitalizations per the terms of the personal services contract.
4. Medical Expense Payment Responsibility
Include the following provision in all USPSCs (excluding
resident hire USPSCs):
(a) Definitions. Terms used in this General Provision are
defined in 16 FAM 116 (available at http://www.foia.state.gov/REGS/fams.asp?level=2&id=59&fam=0). Note: personal services contractors
are not eligible to participate in the Federal Employees Health
Programs.
(b) The regulations in the Foreign Affairs Manual, Volume 16,
Chapter 520 (16 FAM 520), Responsibility for Payment of Medical
Expenses, apply to this contract, except as stated below. The
contractor and each dependent are strongly encouraged to obtain
health insurance that covers this assignment. Nothing in this
provision supersedes or contradicts any other term or provision in
this contract that pertains to insurance or medical costs, except
that section (e) supplements General Provision entitled ``MEDICAL
EVACUATION (MEDEVAC) SERVICES.''
(c)(1) When the contractor or dependent is covered by health
insurance, that insurance is the primary payer for medical services
provided to that contractor or dependent(s) both in the United
States and abroad. The primary insurer's liability is determined by
the terms, conditions, limitations, and exclusions of the insurance
policy.
(2) When the contractor or dependent is not covered by health
insurance, the contractor is the primary payer for the total amount
of medical costs incurred and the U.S. Government has no payment
obligation (see paragraph (f) of this provision).
(d) USAID serves as a secondary payer for medical expenses of
the contractor and dependents who are covered by health insurance,
where the following conditions are met:
(1) The illness, injury, or medical condition giving rise to the
expense is incurred, caused, or materially aggravated while the
eligible individual is stationed or assigned abroad;
(2) The illness, injury, or medical condition giving rise to the
expense required or requires hospitalization and the expense is
directly related to the treatment of such illness, injury, or
medical condition, including obstetrical care; and
(3) The Office of Medical Services (M/MED) or a Foreign Service
medical provider (FSMP) determines that the treatment is appropriate
for, and directly related to, the illness, injury, or medical
condition.
(e) The Mission Director may, on the advice of M/MED or an FSMP
at post, authorize medical travel for the contractor or a dependent
in accordance with the Travel and Transportation Expenses General
Provision section entitled ``Emergency and Irregular Travel and
Transportation.'' In the event of a medical emergency, when time
does not permit consultation, the Mission Director may issue a
Travel Authorization Form or Medical Services Authorization Form DS-
3067, provided that the FSMP or Post Medical Advisor (PMA) is
notified as soon as possible following such an issuance. The
contractor must promptly file a claim with his or her MEDEVAC
insurance provider and repay to USAID any amount the MEDEVAC insurer
pays for medical travel, up to the amount USAID paid under this
section. The contractor must repay USAID for medical costs paid by
the MEDEVAC insurer in accordance with sections (f) and (g) below.
In order for medical travel to be an allowable cost under General
Provision entitled Travel and Transportation Expenses, the
contractor must provide USAID written evidence that MEDEVAC
insurance does not cover these medical travel costs.
(f) If the contractor or dependent is not covered by primary
health insurance, the contractor is the primary payer for the total
amount of medical costs incurred. In the event of a medical
emergency, the Medical and Health Program may authorize issuance of
Form DS-3067, Authorization for Medical Services for Employees and/
or Dependents, to secure admission to a hospital located abroad for
the uninsured contractor or dependent. In that case, the contractor
will be required to reimburse USAID in full for funds advanced by
USAID pursuant to the issuance of the authorization. The contractor
may reimburse USAID directly or USAID may offset the cost from the
contractor's invoice payments under this contract, any other
contract the individual has with the U.S. Government, or through any
other available debt collection mechanism.
(g) When USAID pays medical expenses (e.g., pursuant to Form DS-
3067, Authorization for Medical Services for Employees and/or
Dependents), repayment must be made to USAID either by insurance
payment or directly by the contractor, except for the amount of such
expenses USAID is obligated to pay under this provision. The
Contracting Officer will determine the repayment amount in
accordance with the terms of this provision and the policies and
procedures for employees contained in 16 FAM 521. When USAID pays
the medical expenses, including medical travel costs (see section
(e) above), of an individual (either the contractor or a dependent)
who is covered by insurance, that individual promptly must claim his
or her benefits under any applicable insurance policy or policies.
As soon as the individual receives the insurance payment, the
contractor must reimburse USAID for the full amount that USAID paid
on the individual's behalf or the repayment amount determined by the
Contracting Officer in accordance with this paragraph, whichever is
less. If an individual is not covered by insurance, the contractor
must reimburse USAID for the entire amount of all medical expenses
and any travel costs the contractor receives from his/her MEDEVAC
provider.
(h) In the event that the contractor or dependent fails to
recover insurance payments or transfer the amount of such payments
to USAID within 90 days, USAID will take appropriate action to
collect the payments due, unless such failure is for reasons beyond
the control of the USPSC/dependent.
(i) Before departing post or terminating the contract, the
contractor must settle all medical expense and medical travel costs.
If the contractor is insured, he or she must provide proof to the
Contracting Officer that those insurance claims have been submitted
to the insurance carrier(s) and sign a repayment agreement to repay
to USAID any amounts paid by the insurance carrier(s).
5. Compensation Adjustments
(a) Annual Salary Increase.
(1) All U.S. PSC positions are classified based on the General
Service (GS) schedule at the grade USAID considers to be the market
value and salary range of the position. When the salary is
negotiated and agreed upon, the salary must be fixed at a specific
step within the salary range, as classified at the GS-equivalent
grade, for the specified position (e.g., GS-13, step 5).
(2) Future salary increases based on written evaluation of
satisfactory performance or better must be consistent with U. S.
direct-hire employee salary increases in accordance with OMB policy
in 5 CFR Section 531.405--``Waiting periods for within-grade
increases.''
(3) For extensions and renewals, when a PSC's current salary is
between steps (for example between a step 5 and a step 6), the base
for extension or renewal will be established at the higher step (for
example,
[[Page 6818]]
step 6), and the ``step increase'' will be to step 7.
(4) When an individual reaches the upper limit of a position's
market value, i.e., the top of the GS-equivalent grade, the
individual's salary must be ``capped'' in the same way as that of a
USDH salary. This does not affect the annual pay comparability
adjustment.
(b) Annual Pay Comparability Adjustment. The PSC's compensation
shall be adjusted to reflect the pay comparability adjustments that
are granted from time to time to U.S. direct-hire employees by
Executive Order for the statutory pay systems (usually in January).
Any adjustments authorized are subject to the availability of funds
and must 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).
6. Leave and Holidays
(a) Vacation Leave.
(1) The PSC shall earn vacation leave at the rate of 13 workdays
per annum or 4 hours every 2 weeks. However, no vacation shall be
earned if the tour of duty is less than 90 days.
(2) Notwithstanding paragraph (a)(1) above, if the PSC has had
previous: USAID PSC service (i.e., has served under other personal
services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA or
other statutory provision applicable to USAID); and/or former U.S.
Government (USG) direct hire service--civilian and/or military), the
PSC will earn vacation leave based on time in service as follows:
------------------------------------------------------------------------
Time in service Calculated vacation time
------------------------------------------------------------------------
Up to 3 years of service............... Four hours of vacation leave
for each two week period.
over 3 years and up to 15 years of Six hours of vacation leave for
service. each two week period
(including 10 hours vacation
leave for the final pay period
of a calendar year).
15+ years of service................... Eight hours of vacation leave
for each two week period.
------------------------------------------------------------------------
(3) (i) Vacation leave is provided under this contract for the
purposes of affording necessary rest and recreation during the
period of performance. The PSC in consultation with the USAID
Mission or USAID/Washington, as appropriate, shall develop a
vacation leave schedule early in the PSC's period of performance
taking into consideration project requirements, PSC preference and
other factors. All vacation leave earned by the PSC must be used
during the PSC's period of performance. All vacation leave earned by
the PSC, but not taken by the end of the PSC's contract, will be
forfeited. However, to prevent forfeiture of vacation leave, the
Contracting Officer may approve the PSC taking vacation leave during
the concluding weeks of the PSC's contract.
(ii) As an exception to 3(i) above, the PSC may receive lump-sum
payment for leave not taken. To approve this exception, the PSC's
supervisor must provide the Contracting Officer with a signed,
written Determination and Findings. The Determination and Findings
must set out the facts and circumstances that prevented the PSC from
taking vacation leave and the Contracting Officer must find that
these facts and circumstances were not caused by and were beyond the
control of the contractor. This leave payment must not exceed the
number of days which could be earned by the PSC during a twelve
month period.
(4) With the approval of the Mission Director or the cognizant
AA, as appropriate, and if the circumstances warrant, a Contracting
Officer may grant the PSC advance vacation leave in excess of that
earned, but in no case may the Contracting Officer grant advance
vacation leave in excess of that earned in one year or over the life
of the contract, whichever is less. The PSC agrees to reimburse
USAID for any outstanding balance of advance vacation leave provided
during the PSC's assignment under the contract.
(5) Applicants for PSC positions will provide evidence of their
PSC and/or USG direct hire service--civilian and/or military
experience, as applicable, on their signed and dated SF-171 or OF-
612. By signing the appropriate form, the applicant attests to the
accuracy of the information provided. Any applicant providing
incorrect information is subject to the penalty provisions in the
form. If required to satisfy due diligence requirements on behalf of
the Contracting Officer, PSCs may be required to furnish evidence
that verifies length of service, e.g., SF 50, DD Form 214, and/or
signed contracts.
(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/renewal of this contract.
Otherwise, sick leave will not be carried over from one post to
another or from one contract to another. The PSC will not be
compensated for unused sick leave upon completion of this contract.
(c) Military Leave. Military leave of not more than 15 calendar
days in any calendar year may be granted to a PSC who is a reservist
of the Armed Forces. The PSC must provide advance notice of the
pending military leave to the Contracting Officer or the Mission
Director as soon as known. A copy of any such notice must be part of
the contract file.
(d) Leave Without Pay. Leave without pay may be granted only
with the written approval of the Contracting Officer or Mission
Director.
(e) Compensatory Time. Compensatory leave may be granted only
with the written 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.
(f) Sunday Pay (if applicable). Each Mission has the option
whether or not to authorize Sunday pay for U.S. PSCs, with two
stipulations: the decision whether or not to pay must be
administered consistently throughout the Mission; and if Sunday pay
is authorized, it must be paid under the same terms and conditions
that Foreign Service direct-hire employees would receive in
accordance with 3 FAM 3136.
(g) Leave Records. The PSC shall maintain current leave records
and make them available, as requested by the Mission Director or the
Contracting Officer.
FOR INCLUSION IN USPSCS Posted Overseas
(h) Home Leave.
(1) Home leave is leave earned for service abroad for use only
in the United States, its commonwealths and territories.
(2) A USPSC who is a U.S. citizen or U.S. resident alien and has
served at least two years overseas at the same USAID Mission, under
the same contract, as defined in paragraph (c)(4) below, and has not
taken more than 30 work days leave (vacation, sick or leave without
pay) in the United States may be granted home leave in accordance
with the following:
(i) If the PSC returns to the same overseas post upon completion
of home leave for an additional 2 years under the same contract, or
for such shorter period of not less than one year, as approved in
writing by the Mission Director prior to the USPSC's departure on
home leave, the PSC will receive home leave, to be taken at one
time, for a period of not more than 30 work days, provided advance
approval is obtained from the Mission Director;
(ii) If the contractor is returning to a different USAID Mission
under a USAID personal services contract immediately following
completion of the USPSC's home leave, for an additional 2 years
under contract, or for such shorter period of not less than one
year, as approved by the Mission Directors of the ``losing'' and
``gaining'' Missions, the PSC will receive home leave, to be taken
at one time, for a period of not more than 20 work days. When the
PSC is returning to a different USAID Mission, the former Mission
will pay for the home leave regardless of what country the PSC will
be working in following the home leave;
(iii) If home leave eligibility is based on paragraph (c)(2)(ii)
of this provision, the PSC must submit written verification to the
losing Mission at the time home leave is requested that the PSC has
accepted a USAID personal services contract at another USAID Mission
following completion of the home leave;
(iv) Travel time by the most direct route is authorized in
addition to the number of work days authorized for home leave;
(v) Home leave must be taken in the United States, the
Commonwealth of Puerto Rico or
[[Page 6819]]
the possessions of the United States, and any days spent elsewhere
will be charged to vacation leave. If the PSC does not have accrued
vacation leave, the PSC will be placed on leave without pay.
(vi) If the PSC does not complete the additional service
required under (c)(2)(i) or (ii) (that the Contracting Officer finds
are other than for reasons beyond the PSC's control), the cost of
home leave, travel and transportation and any other related costs
must be repaid by the PSC to the Government.
(3) Notwithstanding the requirement in paragraph (c)(2) above
that the contractor must have served 2 years overseas under personal
services contract with the same Mission to be eligible for home
leave, the PSC may be granted advance home leave subject to all of
the following conditions:
(i) Granting of advanced home leave would in each case serve to
advance the attainment of the objectives of this contract; and
(ii) The PSC has served a minimum of 18 months in the
Cooperating Country under this contract; and
(iii) The contractor agrees to return to the Cooperating Country
to serve out the remainder of the current contract, plus an
additional 2 years under the current contract or under a new
contract for the same or similar services at the same Mission. If
approved in advance by the Mission Director, the contractor may
return to serve out the remainder of the current contract, and an
additional period of not less than 1 year under the current contract
or under a new contract for the same or similar services at the same
Mission.
(4) The period of service overseas required under paragraph
(c)(2), or paragraph (c)(3) above, will include the actual days in
orientation in the United States (less language training). The
actual days overseas begin on the date of arrival in the Cooperating
Country inclusive of authorized delays enroute. Allowable vacation
and sick leave taken while overseas, but not leave without pay,
shall be included in the required period of service overseas. An
amount equal to the number of days 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. Except for reasons beyond the PSC's
control as determined by the Contracting Officer, the PSC must
return to duty after home leave and complete the additional required
service or be responsible for reimbursing USAID for payments made
during home leave. Unused home leave is not reimbursable under this
contract, nor can it be taken incrementally in separate time
periods.
(6) Home leave must be taken at one time, and 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. Consultation at locations other than USAID/
Washington as well as any time in excess of 5 days spent for
consultation must be approved by the Mission Director or the
Contracting Officer.
(i) Home Leave Policy for Qualifying Posts.
(1) On June 15, 2006, the Congress passed and the President
signed an amendment to the Foreign Service Act of 1980, as amended,
that allows home leave for direct-hire employees following
completion of 12-month overseas assignments at qualifying posts.
(2) USAID is extending this new home leave policy to its USPSCs
who ordinarily qualify for home leave, and is effective as of July
20, 2006. This new home leave policy is in addition to the home
leave a USPSC would earn under the contract. USAID USPSCs who
complete their 12-month assignment at one of the qualifying posts on
or after July 20, 2006, may be eligible for home leave under this
new provision. For USAID, a list of qualifying posts can be obtained
from the Human Resources Office in USAID/W.
(3) If an eligible USPSC elects to take this new home leave, the
USPSC must take a minimum of ten workdays of home leave. There is no
requirement that an eligible USPSC take home leave after serving 12
months at a designated post; it is only an option. If a USPSC is
returning to the United States, and not returning overseas to the
same or different USAID Mission, this new home leave policy will not
apply.
(j) Holidays. The contractor, while serving abroad, shall be
entitled to all holidays granted by the Mission to U.S.-citizen
direct-hire employees.
7. Differential and Allowances (for Inclusion IN USPSCs, Excluding
Resident Hires)
(a) By definition, a PSC is different from a direct-hire
employee. Differentials and allowances are not entitlements. Not all
differentials and allowances available to direct-hire employees are
available to a PSC. As a result, differences in entitlements may
result between USDH and USPSCs. While USAID strives for equity
between USDH and USPSCs, it is recognized that the differences in
the systems do not entirely allow for such equity.
(b) USPSCs (excluding resident hire) are granted applicable
differentials and allowances 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 Department of State Standardized Regulations
(Government Civilians, Foreign Areas)(DSSR), as from time to time
amended. The rate or percentage of the allowance/differential is not
negotiable. U.S. resident-hire PSCs are not eligible for any fringe
benefits (except contributions for FICA, health insurance, and life
insurance), including differentials and allowances. Neither the
Contracting Officer nor the Mission Director has the discretion to
provide any additional benefits and allowances without M/OAA/P's
clearance of a request for deviation.
(c) An explanation for each of the differentials and allowances
can be found on the U.S. Department of State website at
www.state.gov. If an allowance or differential is not addressed in
the DSSR, USAID reserves the right to apply any other guidance that
is also used for USDH.
(d) The following differential and allowances may be granted to
the PSC in accordance with governing regulations:
Applicable Reference to Standardized Regulations
(1) Post Differential Chapter 500 and Tables in Chapter 900.
(2) Living Quarters Allowance Section 130.
(3) Temporary Lodging Allowance Section 120.
(4) Post Allowance Section 220.
(5) Supplemental Post Allowance Section 230.
(6) Payments During Evacuation Section 600.
(7) Education Allowance Section 270.
(8) Separate Maintenance Allowance Section 260.
(9) Danger Pay Allowance Section 650.
(10) Education Travel Section 280.
(1) Post Differential. Post differential is an additional
compensation for service at places in foreign areas where conditions
of environment differ substantially from conditions of environment
in the continental United States and warrant additional compensation
as a recruitment and retention incentive. In areas where post
differential is paid to USAID direct-hire employees, post
differential not to exceed the percentage of salary as is provided
such USAID direct-hire employees in accordance with the Standardized
Regulations (Government Civilians, Foreign Areas) Chapter 500
(except the limitation contained in Section 552, ``Ceiling on
Payment'') Tables--Chapter 900, as from time to time amended, will
be reimbursable hereunder for PSCs in respect to amounts earned
during the time such PSCs actually spend overseas on work under this
contract. When such post differential is provided to the PSC, it
must be payable beginning on the date of arrival at the post of
assignment and continue, including periods away from post on
official business, until the close of business on the day of
departure from post of assignment enroute to the United States. Sick
or vacation leave taken at or away from the post of assignment will
not interrupt the continuity of the assignment or require a
discontinuance of such post differential payments, provided such
leave is not taken within the United States or the territories of
the United States. Post differential will not be payable while the
employee is away from the post of assignment for purposes of home
leave. Short-term employees will be entitled to post differential
beginning with the forty-third (43rd) day at post.
(2) Living Quarters Allowance. Living quarters allowance is an
allowance granted to reimburse an employee for substantially all of
the cost for either temporary or residence quarters whenever
Government-owned or Government-rented quarters are not provided to
the PSC at the 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
[[Page 6820]]
allowance and the living quarters allowance are never both payable
to an employee for the same period of time. The PSC will receive
living quarters allowance for payment of rent and utilities if such
facilities are not supplied. Such allowance must not exceed the
amount paid USAID employees of equivalent rank in the Cooperating
Country, in accordance with either, the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 130, as from time to
time amended; or other rates approved by the Mission Director.
Subject to the written approval of the Mission Director, short-term
employees may be paid per diem (in lieu of living quarters
allowance) at rates prescribed by the Federal Travel Regulations, as
from time to time amended, during the time such short-term employees
spend at posts of duty in the Cooperating Country under this
contract. In authorizing such per diem rates, the Mission Director
must consider the particular circumstances involved with respect to
each such short-term employee including the extent to which meals
and/or lodging may be made available without charge or at nominal
cost by an agency of the United States Government or of the
Cooperating Government and similar factors.
(3) Temporary Lodging Allowance. Temporary lodging allowance is
a quarters allowance granted to an employee for the reasonable cost
of temporary quarters incurred by the employee and the family for a
period not in excess of three months after first arrival at a new
post in a foreign area or a period ending with the occupation of
residence (permanent) quarters, if earlier, and one month
immediately preceding final departure from the post subsequent to
the necessary vacating of residence quarters. The PSC and authorized
dependents will receive temporary lodging allowance in lieu of
living quarters allowance, not to exceed the amount set forth in the
Standardized Regulations (Government Civilians, Foreign Areas),
Chapter 120, as from time to time amended.
(4) Post Allowance. Post allowance is a cost-of-living allowance
granted to an employee officially stationed at a post where the cost
of living, exclusive of quarters cost, is substantially higher than
in Washington, D.C. The PSC will receive post allowance payments not
to exceed those paid USAID employees in the Cooperating Country, in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 220, as from time to time amended.
(5) Supplemental Post Allowance. Supplemental post allowance is
a form of post allowance granted to an employee at the post when it
is determined that assistance is necessary to defray extraordinary
subsistence costs. The PSC will receive supplemental post allowance
payments not to exceed the amount set forth in the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 230, as
from time to time amended.
(6) Payments during Evacuation. The Standardized Regulations
(Government Civilians, Foreign Areas) provide the authority for
efficient, orderly, and equitable procedure for the payment of
compensation, post differential and allowances in the event of an
emergency evacuation of employees or their dependents, or both, from
duty stations for military or other reasons or because of imminent
danger to their lives. If evacuation has been authorized by the
Mission Director, the PSC and authorized dependents will receive
payments during evacuation from their post of assignment in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 600, and the Federal Travel Regulations, as
from time to time amended.
(7) Educational Allowance. Educational allowance is an allowance
to assist the PSC in meeting the extraordinary and necessary
expenses, not otherwise compensated for, incurred by reason of the
service in a foreign area in providing adequate elementary and
secondary education for the children. The PSC will receive
educational allowance payments for the 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 the post of assignment in a foreign area, or
for the convenience of the Government, to meet the additional
expense of maintaining the dependents elsewhere than at such post.
The PSC will receive separate maintenance allowance payments not to
exceed that made to USAID employees in accordance with the
Standardized Regulations (Government Civilians, Foreign Areas),
Chapter 260, as from time to time amended.
(9) Danger Pay Allowance. Danger pay allowance is an allowance
to provide additional compensation above basic compensation to
employees in foreign areas where civil insurrection, civil war,
terrorism or wartime conditions threaten physical harm or imminent
danger to the health or well-being of the employee. The danger pay
allowance is in lieu of that part of the post differential, which is
attributable to political violence. Consequently, the post
differential may be reduced while danger pay is in effect to avoid
dual crediting for political violence. The PSC will be allowed
danger pay allowance not to exceed that paid USAID employees in the
Cooperating Country, in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 650, as from time to
time amended.
(10) Educational Travel. Educational travel is travel to and
from a school in the United States for secondary education (in lieu
of an educational allowance) and for college education. The PSC will
receive educational travel payments for the dependent children
provided such payment does not exceed that which would be payable in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 280, as from time to time amended.
Educational travel must not be authorized for PSCs whose assignment
is less than two years.
(e) The allowances provided in paragraphs (a)(1) through (10) of
this provision must be paid to the PSC in accordance with practice
prevailing at the Mission, or the Mission Director may direct that
the PSC be paid a per diem in lieu thereof as prescribed by the
Standardized Regulations (Government Civilians, Foreign Areas), as
from time to time amended.
8. Social Security and Income Tax
(a) F.I.C.A. and Medicare contributions at the prevailing rate,
and U.S. Federal Income Tax withholding are deducted in accordance
with regulations and rulings of the Social Security Administration
and the U.S. Internal Revenue Service, respectively.
(b) The PSC is not eligible for the ``foreign earned income''
exclusion under the IRS Regulations (see 26 CFR 1.911-3(c)(3)).
9. Advance of Dollar Funds
If requested by the PSC 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
pre-contract expenses, and shipment of personal property. The
advance is granted on the same basis as to a USAID U.S.-citizen
direct-hire employee in accordance with ADS 633.
10. Health and Life Insurance
(a) USAID will provide the PSC a maximum contribution of up to
50% against the actual costs of the PSC's annual health insurance
costs, provided that such costs do not exceed the maximum U.S.
Government contribution for direct-hire personnel as announced
annually by the Office of Personnel Management.
(b) USAID will provide the PSC with a contribution of up to 50%
against the actual costs of annual life insurance not to exceed
$500.00 per year.
(c) Retired U.S. Government employees must 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 former employee can prove to
the satisfaction of the Contracting Officer that the health and life
insurance does not provide or specifically excludes coverage
overseas. In such case, the PSC would be eligible for contributions
under paragraphs (a) and (b) of this provision, as appropriate.
(d) The PSC must submit proof of health and life insurance
coverage to the Contracting Officer before any contribution is paid.
On assignments of less than one year, costs for health and life
insurance are prorated and paid accordingly.
(e) 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 paragraphs (a) and (b) of this
provision.
(f) 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 for the spouse and the PSC, the PSC is ineligible
for the contribution under paragraphs (a) and (b) of this provision.
(g) If the PSC is covered under a spouse's health insurance
plan, where the spouse's
[[Page 6821]]
employer pays only for the spouse's share of the insurance cost and
the employer does not pay for any portion of the premium for the
PSC, the PSC is eligible for the contributions in (a) and (b) of
this provision. The PSC must provide to the Contracting Officer
proof of this coverage and premiums paid.
11. Travel and Transportation Expenses
(a) General.
(1) Generally a travel authorization (TA) will be provided to
the PSC for transportation authorized by this contract originating
in the United States. The executive officer at the Mission will
provide a TA for authorized transportation which is payable in local
currency or is to originate overseas. When transportation is not
provided by the Government-issued TA, the PSC must procure
transportation, the costs of which will be reimbursed in accordance
with the terms of this contract.
(2) The PSC 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 and the particular needs of the activity being
implemented by this contract. Salary will not be paid during initial
travel to the Mission and return at the end of the contract, unless
specifically authorized in the contract. The following paragraphs
provide specific guidance and limitations on particular items of
cost.
(b) U.S. Travel and Transportation. The PSC will be reimbursed
for actual transportation costs and travel allowances in the United
States as authorized in the Contract Schedule or approved in advance
by the Contracting Officer or the Mission Director. Transportation
costs and travel allowances must not be reimbursed in any amount
greater than the cost of, and time required for, Economy-class
commercially scheduled air travel by the most expeditious route
except as otherwise provided in paragraph (g) of this provision. Any
travel other than by economy class must be approved in advance by
the CO and the PSC must certify to the unavailability of economy
class in the voucher or other documents submitted for reimbursement.
(c) International Travel. For travel to and from post of
assignment, the PSC will 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 PSC's residence in the United States) to
the post of duty in the Cooperating Country and return to place of
residence in the United States (or other location provided that the
cost of such travel does not exceed the cost of travel from the post
of duty in the Cooperating Country to the PSC's residence) upon
completion of services by the individual. Reimbursement for travel
must be in accordance with USAID's established policies and
procedures for its direct-hire employees and the provisions of this
contract, and must 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 PSC does not complete one full year at post of duty
(except for reasons beyond the PSC's control as determined by the
CO), the costs of going to and from the post of duty for the PSC and
dependents are not reimbursable hereunder. If the PSC serves more
than one year but less than the required service in the Cooperating
Country (except for reasons beyond the PSC's control as determined
by the CO) the costs of going to the post of duty are reimbursable
hereunder but the costs of going from post of duty to the PSC'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 PSC and dependents. When travel is by economy class
accommodations, the PSC will be reimbursed for the cost of
transporting up to 10 kilograms/22 pounds of accompanied personal
baggage per traveler in addition to that regularly allowed with the
economy ticket provided that the total number of pounds of baggage
does not exceed that regularly allowed for first class travelers.
Travel allowances for travelers must not be in excess of the rates
authorized in the Standardized Regulations (Government Civilians,
Foreign areas)--hereinafter referred to as the Standardized
Regulations--as from time to time amended, for not more than the
travel time required by scheduled commercial air carrier using the
most expeditious route. One stopover enroute for a period of not to
exceed 24 hours is allowable when the traveler uses economy class
accommodations for a trip of 14 hours or more of scheduled duration.
Such stopover must not be authorized when travel is by indirect
route or is delayed for the convenience of the traveler. Per-diem
during such stopover must be paid in accordance with the Federal
Travel Regulations as from time to time amended.
(d) Local Travel. Reimbursement for local travel in connection
with duties directly referable to the contract must 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 PSC will be reimbursed for actual travel
costs in the Cooperating Country or the Mission, including travel
allowances at rates not in excess of those prescribed by the
Standardized Regulations.
(e) Indirect Travel for Personal Convenience. When travel is
performed by an indirect route for the personal convenience of the
traveler, the allowable costs of such travel will be computed on the
basis of the cost of allowable air fare via the direct usually
traveled route. If such costs include fares for air or ocean travel
by foreign flag carriers, approval for indirect travel by such
foreign flag carriers must be obtained from the Contracting Officer
or the Mission Director before such travel is undertaken, otherwise
only that portion of travel accomplished by the United States-flag
carriers will be reimbursable within the above limitation of
allowable costs.
(f) Limitation on Travel by Dependents. Travel costs and
allowances will be allowed for authorized dependents of the PSC and
such costs will be reimbursed for travel from place of abode to
assigned station in the Cooperating Country and returned, only if
the dependent remains in the Cooperating Country for at least 9
months or one-half of the required tour of duty of the PSC,
whichever is greater, except as otherwise authorized hereunder for
education, medical or emergency visitation travel. If the dependent
is eligible for educational travel pursuant to the ``Differential
and Allowances'' provision of this contract, time spent away from
post resulting from educational travel will be counted as time at
post.
(g) Delays Enroute. The PSC may be granted reasonable delays
enroute while in travel status when such delays are caused by events
beyond the control of the PSC and are not due to circuitous routing.
It is understood that if delay is caused by physical incapacitation,
the PSC will be eligible for such sick leave as provided under the
``Leave and Holidays'' provision of this contract.
(h) Travel by Privately Owned Automobile (POV). If travel by POV
is authorized in the contract schedule or approved by the
Contracting Officer, the PSC will be reimbursed for the cost of
travel performed in the POV at a rate not to exceed that authorized
in the Federal Travel Regulations plus authorized per diem for the
employee and for each of the authorized dependents traveling in the
POV, if the POV is being driven to or from the Cooperating Country
as authorized under the contract, provided that the total cost of
the mileage and the per diem paid to all authorized travelers must
not exceed the total constructive cost of fare and normal per diem
by all authorized travelers by surface common carrier or authorized
air fare, whichever is less.
(i) Emergency and Irregular Travel and Transportation. Emergency
transportation costs and travel allowances while enroute, as
provided in this section, will be reimbursed not to exceed amounts
authorized by the Foreign Service Travel Regulations for USAID
direct hire employees in like circumstances under the following
conditions:
(1) The costs of going from post of duty in the Cooperating
Country to the employee's permanent, legal place of residence at the
time the PSC was employed for work under this contract or other
location for contractor employees and dependents and returning to
the post of duty, subject to the prior written approval of the
Mission Director that such travel is necessary for one of the
following reasons.
(i) Need for medical care beyond that available within the area
to which the employee is assigned, or serious effect on physical or
mental health if residence is continued at assigned post of duty.
The Mission Director may authorize a medical attendant to accompany
the employee at contract expense if, based on medical opinion, such
an attendant is necessary.
(ii) Death, or serious illness or injury of a member of the
immediate family of the employee or the immediate family of the
employee's spouse.
(2) When, for any reason, the Mission Director determines it is
necessary to
[[Page 6822]]
evacuate the PSC or PSC's dependents, the PSC 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 the PSC was employed for work under this
contract or other approved location. The Mission Director will
determine when such employees and dependents can return to the
Mission.
(3) The Mission Director may also authorize emergency or
irregular travel and transportation in other situations, when in the
Mission Director's opinion, the circumstances warrant such action.
The authorization must include the kind of leave to be used and
appropriate restrictions as to time away from post, transportation
of personal and household effects, etc.
(j) Home Leave Travel. To the extent that home leave has been
authorized as provided in the ``Leave and Holidays'' provision of
this contract, the cost of travel for home leave is reimbursable for
travel costs and travel allowances of travelers from the post of
duty in the Cooperating Country to place of residence in the United
States (or other location provided that the cost of such travel does
not exceed the cost of travel to the PSC's residence in the United
States) and return to the post of duty in the Cooperating Country.
Reimbursement for travel must be in accordance with the Department
of State Standardized Regulations, as from time to time amended, and
must be limited to the cost of travel by the most direct and
expeditious route. Travel allowances for travelers must be in
accordance with the rates authorized in the Standardized Regulations
as from time to time amended, for not more than the travel time
required by scheduled commercial air carrier using the most
expeditious route using economy class. One stopover enroute for a
period of not to exceed 24 hours is allowable when the traveler uses
economy class accommodations for a trip of 14 hours or more of
scheduled duration. Such stopover must 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 must be paid in accordance with the
Standardized Regulations.
(k) Rest and Recuperation Travel. If approved in writing by the
Mission Director, the PSC and dependents will be allowed rest and
recuperation travel on the same basis as authorized USAID direct-
hire Mission employees and their dependents.
(l) Transportation of Motor Vehicles, Personal Effects and
Household Goods.
(1) Transportation costs must be paid on the same basis as for
USAID direct-hire employees serving the same length tour of duty, as
authorized in the schedule. Transportation, including packing and
crating costs, will be paid for shipping from the point of origin in
the United States (or other location as approved by the Contracting
Officer) to post of duty in the Cooperating Country and return to
point of origin in the United States (or other location as approved
by the Contracting Officer) of one privately-owned vehicle for the
PSC, personal effects of the PSC and authorized dependents, and
household goods of the PSC not to exceed the limitations in effect
for such shipments for USAID direct-hire employees in accordance
with the Foreign Service Travel Regulations in effect at the time
shipment is made. These limitations may be obtained from the
Contracting Officer.
(2) The cost of transporting motor vehicles and household goods
must not exceed the cost of packing, crating, and transportation by
surface common carrier. In the event that the carrier does not
require boxing or crating of motor vehicles for shipment to the
Cooperating Country, the cost of boxing or crating is not
reimbursable. The transportation of a privately owned motor vehicle
for a PSC may be authorized as a replacement of the last such motor
vehicle shipped under this contract for such PSC when the Mission
Director determines, in advance, and so notifies the PSC in writing,
that the replacement is necessary for reasons not due to the
negligence or malfeasance of the PSC. The determination must be made
under the same rules and regulations that apply to authorized
Mission U.S. citizen direct-hire employees.
(m) Unaccompanied Baggage. Unaccompanied baggage is considered
to be those personal belongings needed by the traveler immediately
upon arrival of the PSC and dependents, and consideration should be
given to advance shipments of unaccompanied baggage. The PSC will be
reimbursed for costs of shipment of unaccompanied baggage (in
addition to the weight allowance for household effects) not to
exceed the limitations in effect for USAID direct-hire employees in
accordance with the Foreign Service Travel Regulations as in effect
when shipment is made. These limitations are available from the
Contracting Officer. This unaccompanied baggage may be shipped as
air freight by the most direct route between authorized points of
origin and destination regardless of the modes of travel used. This
provision is applicable to home leave travel when authorized by the
terms of this contract.
(n) International Ocean Transportation.
(1) (i) Transportation of goods. Where U.S. flag vessels are not
available, or their use would result in a significant delay, the PSC
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.
(ii) Transportation of persons. Where U.S. flag vessels are not
available, or their use would result in a significant delay, the PSC
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 Contracting Officer will,
on request, furnish to the PSC current information concerning the
availability of a reduced rate with respect to any proposed
shipment. The PSC must not be reimbursed for shipments of household
goods or personal effects in amounts in excess of the reduced rates,
which are available in accordance with the foregoing.
(o) Storage of household effects. The cost of storage charges
(including packing, crating, and drayage costs) in the U.S. of
household goods of the PSC will be permitted in lieu of
transportation of all or any part of such goods to the Cooperating
Country under paragraph (l) above provided that the total amount of
effects shipped to the Cooperating Country or stored in the U.S.
must not exceed the amount authorized for USAID direct-hire
employees under the Department of State Standardized Regulations.
These amounts are available from the Contracting Officer.
(p) Repatriation Travel. A PSC must return to the U.S. within 30
days after termination or completion of employment or forfeit all
right to reimbursement for repatriation travel.
12. Payment
(a) As approved and directed by the paying office, time and
attendance will be submitted for PSCs in the same manner as is
approved for direct-hire personnel.
(b) Once each month, or at more frequent intervals, if approved
by the paying office indicated on the Cover Page, the PSC may be
required to submit to such office form SF 1034 ``Public Voucher for
Purchases and Services Other Than Personal'' (original) and SF 1034-
A (three copies), or whatever other form is locally required or
accepted. Each voucher must be identified by the USAID contract
number and properly executed in the amount of dollars claimed during
the period covered. The voucher forms must be supported by:
(1) The PSC'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 PSC was in authorized travel, leave, or
stopover status for which compensation is claimed. All claims for
compensation must be accompanied by, or must incorporate, a
certification signed by the PSC's supervisor covering days or hours
worked, or authorized travel or leave time for which compensation is
claimed.
(ii) For travel and transportation--a statement of itinerary
with attached carrier's receipt and/or passenger's coupons, as
appropriate.
(iii) For reimbursable expenses--an itemized statement supported
by original receipts.
(2) The first voucher submitted must account for and liquidate
the unexpended balance of any funds advanced to the PSC.
[[Page 6823]]
(c) A final voucher and release of claims certification must be
submitted by the PSC promptly following completion of the duties
under this contract but in no event later than 120 days (or such
longer period as the Contracting Officer may approve in writing)
from the date of contract completion. The PSC's claim, which
includes the final settlement of compensation, must not be paid
until after the performance of the duties required under the terms
of this contract has been approved by USAID. Following this approval
by USAID, the PSC will submit the Release of Claims Certification
and the voucher designated by the PSC as the ``final voucher''. This
final voucher must be submitted on Form SF 1034 (original) and SF
1034-A (three copies). This final voucher must include a refund
check for the balance remaining on hand of any funds which may have
been advanced to the PSC, or the Government must pay any amounts due
and owing to the PSC.
(d) Release of Claims Certification. The following Release of
Claims Certification must be included on the final voucher, signed
and dated by the PSC.
``WHERE AS, by the terms of the contract between the PSC,
(insert name) and the United States, it is provided that after
completion of all the work, and prior to final payment, the PSC
shall furnish the United States with a release of all claims.
``NOW, THEREFORE, in consideration of the above premises and the
payment (by the United States to the PSC, or by the PSC to the
United States, as applicable) of the amount now due under the
contract, to wit, the sum of -------- dollars ($--------), the PSC
hereby remises, releases, and forever discharges the United States,
its officers, agents, and employees, of and from all manner of
liabilities, obligations, accounts, claims, and demands whatsoever,
in law and in equity, under or arising from the contract, except:
(if there are no exceptions, state ``None'' on the line below).
----------------------------------------------------------------
I, ---------- certify that I am the PSC in the foregoing
release, and who signed this release.
Signed: ------------ Date:------------''
13. Conversion of U.S. Dollars to Local Currency
The PSC will be provided the policy to be followed in the
conversion of U.S. dollars to local currency. This may include, but
not be limited to the conversion of said currency through the
cognizant U.S. Disbursing Officer, or Mission Controller, as
appropriate.
14. Post of Assignment Privileges
Privileges such as the use of APO, PX's, commissaries, and
officers clubs are established at posts abroad under agreements
between the U.S. and host governments. These facilities are intended
for and usually limited to members of the official U.S.
establishment including the Embassy, USAID Mission, U.S. Information
Service and the Military. Off-shore USPSCs are entitled to use the
pouch and/or APO on the same basis as U.S. Direct-hire employees.
Off-shore USPSCs are also entitled to the privileges and immunities
enjoyed by U.S. direct-hire employees. Normally, the agreements do
not permit these facilities to be made available to non-official
Americans.
15. Security
(a) Security Requirements
(1) This entire provision applies to the extent that this
contract involves access to information classified as
``Confidential'', ``Secret'', or ``Top Secret'' or access to
administratively controlled information ``Sensitive But
Unclassified'' (SBU). PSCs that are not U.S. citizens must not have
access to classified or administratively controlled information.
(2) Security provisions apply to this contract where no
individual is to be awarded a contract until a personnel security
investigation is completed at the level appropriate for the position
and a temporary clearance or Facility Access Authorization is issued
by SEC. If the PSC does not receive a final security clearance, the
contract will be terminated in accordance with the termination
provision of this contract.
(3) The PSC
(i) Will be responsible for safeguarding all classified or
administratively controlled information in accordance with all
applicable security rules, regulations, policies and procedures and
must not supply, disclose, or otherwise permit access to classified
information or administratively controlled information to any
unauthorized person;
(ii) Must not make or permit to be made any reproductions of
classified information or administratively controlled information
except with the prior written authorization of the Contracting
Officer or Mission Director;
(iii) Must submit to the Contracting Officer, at such times as
the Contracting Officer may direct, an accounting of all
reproductions of classified or administratively controlled
information; and
(iv) Must not incorporate in any other project any matter which
will disclose classified and/or administratively controlled
information except with the prior written authorization of the
Contracting Officer.
(4) The PSC must follow the procedures for classifying, marking,
handling, transmitting, disseminating, storing, and destroying
official material in accordance with all applicable security rules,
regulations, policies and procedures.
(5) The PSC agrees to submit immediately to the Mission Director
or Contracting Officer a complete detailed report, appropriately
classified, of any information which the PSC may have concerning
existing or threatened espionage, sabotage, or subversive activity.
(6) The Government agrees that, when necessary, it will indicate
by security classification or administratively controlled
designation, the degree of importance to the national defense of
information to be furnished by the PSC to the Government or by the
Government to the PSC, and the Government will give written notice
of such security classification or administratively controlled
designation to the PSC and of any subsequent changes. The PSC is
authorized to rely on any letter or other written instrument signed
by the Contracting Officer changing a security classification or
administratively controlled designation of information.
(7) The PSC agrees to certify after completion of the assignment
under this contract that s/he has surrendered or disposed of all
classified and/or administratively controlled information in the
custody in accordance with applicable security instructions.
(b) Conditions for Contracting Before Receipt of Security Clearance
(1) U.S. Resident Hire PSC. The PSC may begin work before
receiving final security clearance. However, until such time as the
final clearance is received, the PSC will have no access to
classified or administratively controlled materials. Further,
failure to obtain clearance will constitute cause for contract
termination in accordance with the termination provision of this
contract.
(2) Off-shore/Washington based U.S. PSC. If the Contracting
Officer so authorizes, the PSC may begin travel to post to start
work, or if Washington based may begin work, before receipt of the
final security clearance. However, until such time as the final
security clearance is received, the PSC will:
(i) Have no access to classified or administratively controlled
materials;
(ii) Be authorized to travel to post but without any dependents;
and
(iii) Be authorized no entitlements other than those normally
authorized for short term (less than a year) USDH employees at post.
(iv) Even if the contract is for one year or more, dependents
may not accompany the PSC, and transportation/storage of household/
personal effects and motor vehicle will not be authorized by USAID
before the receipt of the final security clearance. If appropriate,
after receipt of the final clearance and given the length of time
remaining, the Contracting Officer may authorize dependent travel
and shipment/storage of motor vehicle and effects. Allowances and
benefits which are subsequently authorized by the Contracting
Officer will be paid to or on behalf of the PSC. The Contracting
Officer will determine the effective date of such allowances and
benefits, subject to the availability of funds. Failure to obtain
the final security clearance will constitute cause for contract
termination in accordance with the termination provision of this
contract.
16. Notices
(a) Any notice, given by any of the parties involved in this
contract, will be sufficient only if in writing and delivered in
person or sent by telegraph, telegram, registered, or regular mail
as follows:
(1) To: Director of U.S. Foreign Assistance and USAID
Administrator, U.S. Agency for International Development,
Washington, DC 20523-0001, Attention: Contracting Officer (name of
the cognizant Contracting Officer with a copy to the appropriate
Mission Director).
(2) To PSC: [Name], [Address].
(b) At the post of duty while in the Cooperating Country and at
the PSC's address shown on the Cover Page of this contract or to
another address as either party designates by notice given as
required here. Notices must be effective in accordance with
[[Page 6824]]
this provision or on the effective date of the notice that changes
this provision, whichever is later.
17. Use of Pouch
(a) Use of diplomatic pouch is controlled by the Department of
State. The Department of State has authorized the use of pouch
facilities for USAID off-shore USPSCs on the same basis as USDH
employees. In consideration of the use of pouch facilities, the PSC
agrees to indemnify and hold harmless the Department of State and
USAID for loss or damage occurring in pouch transmission.
(1) Official and personal mail, sent by pouch, must be addressed
in accordance with Mission instructions.
(2) Mail sent via the diplomatic pouch must not be in violation
of U.S. Postal laws and must not contain material ineligible for
pouch transmission.
(3) Use of military postal facilities (APO/FPO) is authorized
for off-shore USPSCs on the same basis as approved for direct-hire
employees at the USAID Mission. Posts having access to APO/FPO
facilities and using them for diplomatic pouch dispatch, may,
however, accept official and personal mail for the pouch provided,
of course, adequate postage is affixed when onward transmission
(mail to other than USAID/W) through U.S. postal channels is
required.
(b) The PSC is responsible for compliance with the guidelines
and limitations on use of pouch facilities and military postal
facilities.
(c) Specific additional guidance on use of mail facilities in
accordance with this provision is available from the Post
Communication Center at the Embassy or USAID Mission.
18. Biographical Data
(a) The PSC agrees to furnish biographical information to the
Contracting Officer on the required application forms.
(b) The PSC agrees to provide the following information to the
Mission Administrative Officer on arrival in the host country
regarding the PSC and dependents:
(1) PSC's full name, home address, and telephone number
including any after-hours emergency number(s).
(2) The name and number of the contract, and whether the
individual is the PSC or the PSC's dependent.
(3) The name, address, and home and office telephone number(s)
of each individual's next of kin.
(4) Any special instructions pertaining to emergency situations
such as power of attorney designees or alternate contact persons.
19. U.S. Resident Hire Personal Services Contractor (for Inclusion
in U.S. Resident Hire Personal Services Contracts)
A PSC meeting the definition of a U.S. Resident Hire PSC, is
subject to U.S. Federal Income Tax, but is not eligible for any
allowances, differentials or fringe benefits (except contributions
for FICA, health insurance, life insurance and MEDEVAC).
20. Orientation and Language Training
Orientation and language training will not be provided unless
specifically required for the position and included in the contract.
21. Medical Evacuation (MEDEVAC) Insurance (Pursuant to class
deviation OAA-DEV-2006-1c)
(a) The PSC must obtain MEDEVAC service coverage including
coverage for authorized dependents while performing personal
services abroad. USAID will reimburse the total cost of MEDEVAC
insurance to the PSC. The PSC must provide proof of coverage to the
CO in order to receive reimbursement.
(b) Exceptions.
(1) A PSC and authorized dependents with a health insurance
program that includes sufficient MEDEVAC coverage as approved by the
Contracting Officer are not required to obtain MEDEVAC service
coverage.
(2) The Mission Director at the post of assignment may make a
written determination to waive the requirement for such coverage.
The determination must be based on findings that the quality of
local medical services or other circumstances obviate the need for
such coverage for PSCs and their dependents located at post.
22. Governing Law
This contract is established under the procurement authorities
of the United States Government and is governed by the laws of the
United States including the procurement laws of the United States.
This contract contains the entire agreement of the parties with
respect to the subject matter hereof, and no representations,
inducements, promises or agreements, oral or written between the
parties not embodied herein shall have any force or effect. This
contract is a complete statement of the duties, compensation,
benefits, leave, and all terms and conditions; therefore, the laws
of the country of performance with respect to labor and contract
matters will not apply to carrying out of the obligations of the
parties under this contract, to the interpretation of this contract
or to disputes arising under or relating to this contract. Any such
disputes shall be resolved by the courts or administrative tribunals
of the United States.
23. Incentive Awards
USPSCs may receive certain monetary and non-monetary awards. The
monetary awards are limited solely to:
(a) On-the-Spot Cash Awards. This cash award is given to
encourage and reward superior accomplishments, beyond the minimum
satisfactory performance required under the contract, that
contribute to the quality, efficiency, and/or economy of Government
operations, or for special and specific nonrecurring commendable
acts or contributions during the contract performance period. The
Parameters/Limitations are as follows:
(1) (A USPSC may receive one or more On-The-Spot Award not to
exceed a total of $500 in any one year period from the individual's
employing Bureau/Mission/Independent Office. A USPSC may receive
additional On-The-Spot Cash Awards up to $500 combined total from
USAID organizations outside of the individual's Bureau/Independent
Office/Mission, in the same one year period.
(2) The minimum dollar value for an individual On-The-Spot Cash
Award is $25. The maximum dollar value of an individual On-The-Spot
Award is $500. An award may be provided in any amount between $25
and $500, ensuring compliance with the limitation noted in paragraph
(a)(1) of this provision.
These awards are considered income for U.S. citizens/resident
aliens by the Internal Revenue Service, and are subject to
withholding and other taxes.
(b) Special Act Awards. This cash award recognizes a specific
nonrecurring superior act or contribution to the public interest
that is beyond or outside normal job responsibilities as covered by
the individual's job description. The specific act or contribution
must be beyond the standard for minimum satisfactory performance
required by the contract. Unlike other cash awards, this award may
not be given for general superior performance of the work required
by the contract. The Parameters/Limitations are as follows:
(1) No more than one Special Act Award may be granted to a USPSC
in any one year period.
(2) Special Act Awards are considered income by the Internal
Revenue Service, and are subject to withholding and other taxes for
U.S. citizens and U.S. resident aliens.
(c) Time-Off Awards. This award is given in the form of excused
absence from official duty time, without loss of pay or charge to
the individual's leave balance. This award is given to encourage and
reward superior accomplishments, beyond minimum satisfactory
performance required under the contract, that contribute to the
quality, efficiency, and/or economy of Government operations, or for
special and specific nonrecurring commendable acts or contributions
during the contract performance period.
A Time Off award is granted based on the same criteria as an On-
the-Spot Cash award, and there is no general preference for one or
the other, as a matter of agency policy. Conditions within the
operating unit and circumstances of the individual being nominated
will dictate the most appropriate choice. A Time-Off Award is
categorized as a ``cash'' award because it represents paid time away
from official duty. The Parameters/Limitations are as follows:
(1) A full-time USPSC (i.e., 2087 work hours/year) may be
granted up to a total of 27 hours in awards during any one-year
period of the contract.
(2) The minimum amount of time for which a full-time USPSC may
be granted time off is one (1) hour. The maximum amount of time for
which an individual Time-Off Award may be granted is 27 hours. An
award may be granted in any one-hour time increment between 1-27
hours for a full-time USPSC.
(3) The maximum amount of time for which any part-time USPSC may
be granted a Time-Off Award is to be calculated by prorating the
maximum available to a full-time USPSC (27 hours/year) commensurate
with the number of work hours in the part-
[[Page 6825]]
time USPSC's work year. As an example, if the individual works
approximately 1044 hours/year the maximum amount of time in a year
for which he/she may be granted a time-off award is 14 hours.
(4) The following scale is provided as a general guide in
determining the appropriate amount of time to grant for a Time-Off
Award. The scale is based on an individual working under a full-time
(2087 hours/year) contract. The figures are to be prorated as noted
above for individuals working under a part-time contract:
------------------------------------------------------------------------
Contribution above and beyond
satisfactory performance Recommended time off award
------------------------------------------------------------------------
A contribution that is of sufficient Up to One Work Day, (not to
value to merit recognition. Beneficial exceed 9 hours).
change or modification to policies/
procedures. Contribution benefits
immediate unit or staff.
An important contribution to the value Up to Two Work Days, (not to
of an activity program, or service. exceed 18 hours).
Significant change to policies/
procedures. Contribution benefits
several units or an entire Mission/
Bureau/Office.
A highly significant contribution to Up to Three Work Days, (not to
the value of an activity, program, or exceed 27 hours).
service. A complete revision of
policies/procedures with considerable
impact. Contribution benefits an
entire Mission/Bureau/Office or is of
a cross-cutting nature impacting
several organizations within the
Agency.
------------------------------------------------------------------------
(5) The scheduling of Time-Off Awards must be approved by the
individual's supervisor because this award type represents time away
from official duty, which has the potential to impact the operating
unit's operations.
(6) A PSC who becomes physically incapacitated while using a
Time-Off Award may be granted sick leave for the period of
incapacitation. The employee is responsible for notifying the
supervisor immediately to report the illness during the period of
excused absence.
(7) A Time-Off Award is granted to recognize a superior
achievement and may not be used as a substitute for compensatory
time off.
(8) In deciding whether a Time-Off Award is the appropriate
award type, the supervisor must consider the individual's leave
balance. If the individual has an excessive leave balance, a cash
award may be more appropriate, so as not to adversely affect the PSC
who may have annual leave subject to forfeiture at the end of the
contract.
(9) Time-Off Awards must be used within 6 months of approval and
may not be transferred to a new or follow-on contract with either
the same or new work unit under any circumstances. In cases where
the time off is not used within six months after the date of
approval, the time-off must be forfeited.
(10) Under no circumstances may a Time-Off Award be converted to
a lump-sum payment or transferred to any other contract. A Time-Off
Award not used by the end of the contract period must be forfeited,
even if less than 6 months from the date of approval.
USPSCs are not eligible for nomination for any other types of
cash awards other than the specific awards outlined above.
(d) Multiple Award Nominations:
(1) A USPSC may be nominated for more than one award within the
period of contract performance, or other benchmark period stated in
the contract. Each award nomination will be reviewed on its own
merit, and decisions to approve it will be based on whether the
employee's performance meets the criteria for that particular award.
However, a USPSC may not receive multiple cash or time-off awards
for the same act or service.
(2) Cash Awards are separate and distinct from the pay
comparability increase, and the annual increase for satisfactory
performance available within the personal services contract.
PART III: For Inclusion in Third Country National Personal Service
Contracts (TCNPSCs) Only
1. Purchase or Sale of Personal Property or Automobiles
(a) To the extent permitted by the cooperating country, the
purchase, sale, import, or export of personal property or
automobiles in the cooperating country by the PSC is subject to the
same limitations and prohibitions that apply to Mission U.S.-citizen
direct-hire employees.
(b) Insurance on Private Automobiles. If the PSC or the
dependents transport, or have transported, privately owned
automobile(s) to the Cooperating Country or purchase an automobile
within the Cooperating Country, the PSC agrees to cover such
automobile(s) (during such ownership within the Cooperating Country)
by a current, i.e., not in arrears, insurance policy. The insurance
policy must be issued by a reliable company providing the following
minimum coverage, or such other minimum coverage as may be set by
the Mission Director, payable in U.S. dollars or their equivalent in
the currency of the Cooperating Country: injury to persons, $10,000/
$20,000; and property damage, $5,000. The PSC further agrees to
deliver, or have delivered, to the Mission Director, the insurance
policies required by this provision or satisfactory proof of their
existence, before the automobile(s) is operated within the
Cooperating Country. The premium costs for such insurance are not
reimbursable under this contract.
2. Physical Exams and Health Room Privileges
(a) Physical Fitness.
(1) The PSC must obtain a physical examination including for any
accompanying dependents by a licensed doctor of medicine. The PSC
must obtain a statement of medical opinion from the doctor that, in
the doctor's opinion, the PSC is physically qualified to engage in
the type of activity under the contract, and the PSC's dependents
are physically qualified to reside in the cooperating country. A
copy of that medical opinion must be provided to the Contracting
Officer before the PSC and the dependent's departure for the
cooperating country. Neither the TCN nor the dependents will have
access to the Embassy Health Unit.
(2) The PSC is reimbursed for the cost of the physical
examinations mentioned in paragraph (a)(1) of this provision not to
exceed $700 per examination for the PSC and the PSC's dependents of
12 years of age and over; and not to exceed $350 per examination for
PSC's dependents under 12 years of age. The PSC will also be
reimbursed by USAID for the cost of all immunizations normally
authorized for USPSCs.
3. Leave and Holidays
(a) Vacation Leave. The PSC may accrue, accumulate, use, and be
paid for vacation in accordance with the Local Compensation Plan
(LCP). No vacation leave is earned if the contract is for less than
90 days. Unused vacation leave may be carried over under an
extension or renewal of the contract as long as it conforms to
Mission policy, practice and the LCP. With the approval of the PSC's
supervisor and concurrence by the CO and if the circumstances
warrant, a PSC may be granted advance vacation leave in excess of
that earned, but in no case will a PSC be granted advance vacation
leave in excess of that which the PSC will earn in one year of the
contract. The PSC agrees to reimburse USAID for leave used in excess
of the amount earned during the PSC's assignment under the contract.
(b) Sick Leave. The PSC may accrue, accumulate, and use sick
leave in accordance with the LCP. Unused sick leave may be carried
over under an extension or renewal of the contract. Leave earned but
unused at the completion of this contract will be disposed of in
accordance with the LCP.
(c) Leave Without Pay. Leave without pay may be granted only
with the written approval of the PSC's supervisor and concurrence by
the Contracting Officer.
(d) Holidays. The PSC is entitled to all holidays granted by the
Mission in accordance with the LCP.
(e) Compensatory Time. Comp time or overtime for TCNPSCs is
governed by the local compensation plans. If the LCP does not
[[Page 6826]]
include procedures for comp time or overtime, the prevailing
practice of each respective Mission must be followed. Comp time is
not transferable from one contract to another and is not
reimbursable.
3A. Leave and Holidays for TcNPSCs Paid Under the General Schedule
(a) Vacation Leave.
(1) The PSC shall earn vacation leave at the rate of 13 workdays
per annum or 4 hours every 2 weeks. However, no vacation shall be
earned if the tour of duty is less than 90 days.
(2) Notwithstanding paragraph (a)(1) of this provision, if the
PSC has had previous: USAID PSC service (i.e., has served under
other personal services contracts (PSCs) covered by Sec. 636(a)(3)
of the FAA or other statutory provision applicable to USAID); and/or
former U.S. Government (USG) direct hire service--civilian and/or
military), the PSC will earn vacation leave based on time in service
as follows:
------------------------------------------------------------------------
Time in service Calculated vacation time
------------------------------------------------------------------------
Up to 3 years of service............... Four hours of vacation leave
for each two week period.
over 3 years and up to 15 years of Six hours of vacation leave for
service. each two week period
(including 10 hours vacation
leave for the final pay period
of a calendar year).
15+ years of service................... Eight hours of vacation leave
for each two week period.
------------------------------------------------------------------------
(3)(i) Vacation leave is provided under this contract for the
purposes of affording necessary rest and recreation during the
period of performance. The PSC in consultation with the USAID
Mission or USAID/Washington, as appropriate, shall develop a
vacation leave schedule early in the PSC's period of performance
taking into consideration project requirements, employee preference
and other factors. All vacation leave earned by the PSC must be used
during the PSC's period of performance. All vacation leave earned by
the PSC, but not taken by the end of the PSC's contract, will be
forfeited. However, to prevent forfeiture of vacation leave, the
Contracting Officer may approve the PSC taking vacation leave during
the concluding weeks of the PSC's contract.
(ii) As an exception to paragraph 3(i) of this provision, the
PSC may receive lump-sum payment for leave not taken. To approve
this exception, the PSC's supervisor must provide the Contracting
Officer with a signed, written Determination and Findings. The
Determination and Findings must set out the facts and circumstances
that prevented the contractor from taking vacation leave and the
Contracting Officer must find that these facts and circumstances
were not caused by and were beyond the control of the PSC. This
leave payment must not exceed the number of days which could be
earned by the PSC during a twelve month period.
(4) With the approval of the Mission Director or the cognizant
AA, as appropriate, and if the circumstances warrant, a Contracting
Officer may grant the PSC advance vacation leave in excess of that
earned, but in no case may the Contracting Officer grant advance
vacation leave in excess of that earned in one year or over the life
of the contract, whichever is less. The PSC agrees to reimburse
USAID for any outstanding balance of advance vacation leave provided
during the PSC's assignment under the contract.
(5) Applicants for PSC positions will provide evidence of their
PSC and/or USG direct hire service--civilian and/or military
experience, as applicable, on their signed and dated SF-171 or OF-
612. By signing the appropriate form, the applicant attests to the
accuracy of the information provided. Any applicant providing
incorrect information is subject to the penalty provisions in the
form. If required to satisfy due diligence requirements on behalf of
the Contracting Officer, PSCs may be required to furnish evidence
that verifies length of service, e.g., SF 50, DD Form 214, and/or
signed contracts.
(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/renewal of this contract.
Otherwise, sick leave will not be carried over from one post to
another or from one contract to another. The PSC will not be
compensated for unused sick leave upon completion of this contract.
(c) Leave Without Pay. Leave without pay may be granted only
with the written approval of the Contracting Officer or Mission
Director.
(d) Compensatory Time. Compensatory leave may be granted only
with the written 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.
(e) Sunday Pay (if applicable). Each Mission has the option
whether or not to authorize Sunday pay for PSCs, with two
stipulations: the decision whether or not to pay must be
administered consistently throughout the Mission; and if Sunday pay
is authorized, it must be paid under the same terms and conditions
that Foreign Service direct-hire employees would receive in
accordance with 3 FAM 3136.
(f) Leave Records. The PSC shall maintain current leave records
and make them available, as requested by the Mission Director or the
Contracting Officer.
[FOR INCLUSION IN TCNPSCs, if granted country leave]
(g) Country Leave.
(1) Country leave is leave earned for service abroad for use
only in the TCN's home country or country of recruitment.
(2) A TCNPSC who has been authorized country leave must have
served at least two years at the same USAID Mission, under the same
contract, and must not have taken more than 30 work days leave
(vacation, sick or leave without pay) in the home country or country
of recruitment, to be granted country leave of not more than 30 work
days. This applies only if the PSC agrees to return to post upon
completion of country leave under an additional two year contract,
or for such shorter period of not less than one year of service
under the contract as the Mission Director may approve in advance in
writing. Country leave must be taken in the TCN's home country or
country of recruitment, and any days spent elsewhere are charged to
vacation leave or leave without pay.
(3) Notwithstanding the requirement in paragraph (g)(2) of this
provision that the PSC must have served 2 years overseas under
personal services contract with the same Mission to be eligible for
country leave, the PSC may be granted advance country leave subject
to all of the following conditions:
(i) Granting of advanced country leave would in each case serve
to advance the attainment of the objectives of this contract; and
(ii) The PSC has served a minimum of 18 months in the
Cooperating Country under this contract; and
(iii) The PSC agrees to return to the Cooperating Country to
serve out the remainder of the current contract, plus an additional
2 years under the current contract or under a new contract for the
same or similar services at the same Mission. If approved in advance
by the Mission Director, the PSC may return to serve out the
remainder of the current contract, and an additional period of not
less than 1 year under the current contract or under a new contract
for the same or similar services at the same Mission.
(4) Salary during the travel to and from the home country or
country of recruitment for country leave will be limited to the time
required for travel by the most expeditious air route. Except for
reasons beyond the PSC's control as determined by the Contracting
Officer, the PSC must return to duty after country leave and
complete the additional required service or be responsible for
reimbursing USAID for payments made during home leave. Unused
country leave is not reimbursable under this contract, nor can it be
taken incrementally in separate time periods, or transferred to
another contract, regardless of the location.
(i) Country Leave Policy for Qualifying Posts.
(1) On June 15, 2006, the Congress passed and the President
signed an amendment to the Foreign Service Act of 1980, as amended,
that allows home leave for direct-hire employees following
completion of 12-month overseas assignments at qualifying posts.
(2) USAID is extending this new home leave policy to its TCNPSCs
who ordinarily qualify for country leave, and is effective as of
July 20, 2006. This new country leave policy is in addition to the
country leave a TCNPSC would earn under the contract.
[[Page 6827]]
USAID TCNPSCs who complete their 12-month assignment at one of the
qualifying posts on or after July 20, 2006, may be eligible for
country leave under this new provision. For USAID, a list of
qualifying posts can be obtained from the Human Resources Office in
USAID/W.
(3) If an eligible TCNPSC elects to take this new country leave,
the TCNPSC must take a minimum of ten workdays of country leave.
There is no requirement that an eligible TCNPSC take country leave
after serving 12 months at a designated post; it is only an option.
If a TCNPSC is returning to the home country or country of
recruitment, and not returning overseas to the same or different
USAID Mission, this new country leave policy will not apply.
(j) Holidays. The contractor, while serving abroad, shall be
entitled to all holidays granted by the Mission to U.S.-citizen
direct-hire employees.
4. Allowances
[FOR INCLUSION IN TCNPSCs, paid under the local compensation plan]
Allowances are granted to the PSC and dependents on the same
basis as FSNs under the local compensation plan. The allowances
provided are paid to the PSC in the currency of the cooperating
country or in accordance with the practice prevailing at the
mission.
[FOR INCLUSIONS IN TCNPSCs, paid under the General Schedule (GS)]
The following allowances may be granted to the PSC and
dependents on the same basis and to the same extent as off-shore
USPSCs at the same Mission:
(a) By definition, a PSC is different from a direct-hire
employee. Differentials and allowances are not entitlements. Not all
differentials and allowances available to direct-hire employees are
available to a PSC. As a result, differences in entitlements may
result between USDH and USPSCs. While USAID strives for equity
between USDH and USPSCs, it is recognized that the differences in
the systems do not entirely allow for such equity.
(b) USPSCs (excluding resident hire) are granted applicable
differentials and allowances 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 Department of State Standardized Regulations
(Government Civilians, Foreign Areas)(DSSR), as from time to time
amended. The rate or percentage of the allowance/differential is not
negotiable. U.S. resident-hire PSCs are not eligible for any fringe
benefits (except contributions for FICA, health insurance, and life
insurance), including differentials and allowances. Neither the
Contracting Officer nor the Mission Director has the discretion to
provide any additional benefits and allowances without M/OAA/P's
clearance of a request for deviation.
(c) An explanation for each of the differentials and allowances
can be found on the U.S. Department of State Web site at
www.state.gov. If an allowance or differential is not addressed in
the DSSR, USAID reserves the right to apply any other guidance that
is also used for USDH.
(d) The following differential and allowances may be granted to
the PSC in accordance with governing regulations:
Applicable Reference to Standardized Regulations
(1) Post Differential Chapter 500 and Tables in Chapter 900.
(2) Living Quarters Allowance Section 130.
(3) Temporary Lodging Allowance Section 120.
(4) Post Allowance Section 220.
(5) Supplemental Post Allowance Section 230.
(6) Payments During Evacuation Section 600.
(7) Education Allowance Section 270.
(8) Separate Maintenance Allowance Section 260.
(9) Danger Pay Allowance Section 650.
(10) Education Travel Section 280.
(1) Post Differential. Post differential is an additional
compensation for service at places in foreign areas where conditions
of environment differ substantially from conditions of environment
in the continental United States and warrant additional compensation
as a recruitment and retention incentive. In areas where post
differential is paid to USAID direct-hire employees, post
differential not to exceed the percentage of salary as is provided
such USAID direct-hire employees in accordance with the Standardized
Regulations (Government Civilians, Foreign Areas) Chapter 500
(except the limitation contained in Section 552, ``Ceiling on
Payment'') Tables--Chapter 900, as from time to time amended, will
be reimbursable hereunder for employees in respect to amounts earned
during the time such employees actually spend overseas on work under
this contract. When such post differential is provided to the PSC,
it must be payable beginning on the date of arrival at the post of
assignment and continue, including periods away from post on
official business, until the close of business on the day of
departure from post of assignment enroute to the United States. Sick
or vacation leave taken at or away from the post of assignment will
not interrupt the continuity of the assignment or require a
discontinuance of such post differential payments, provided such
leave is not taken within the United States or the territories of
the United States. Post differential will not be payable while the
employee is away from the post of assignment for purposes of home
leave. Short-term employees will be entitled to post differential
beginning with the forty-third (43rd) day at post.
(2) Living Quarters Allowance. Living quarters allowance is an
allowance granted to reimburse an employee for substantially all of
the cost for either temporary or residence quarters whenever
Government-owned or Government-rented quarters are not provided to
the PSC at the post without charge. Such costs are those incurred
for temporary lodging (temporary lodging allowance) or one unit of
residence quarters (living quarters allowance) and include rent,
plus any costs not included therein for heat, light, fuel, gas,
electricity and water. The temporary lodging allowance and the
living quarters allowance are never both payable to an employee for
the same period of time. The PSC will receive living quarters
allowance for payment of rent and utilities if such facilities are
not supplied. Such allowance must not exceed the amount paid USAID
employees of equivalent rank in the Cooperating Country, in
accordance with either, the Standardized Regulations (Government
Civilians, Foreign Areas), Chapter 130, as from time to time
amended; or other rates approved by the Mission Director. Subject to
the written approval of the Mission Director, short-term employees
may be paid per diem (in lieu of living quarters allowance) at rates
prescribed by the Federal Travel Regulations, as from time to time
amended, during the time such short-term employees spend at posts of
duty in the Cooperating Country under this contract. In authorizing
such per diem rates, the Mission Director must consider the
particular circumstances involved with respect to each such short-
term employee including the extent to which meals and/or lodging may
be made available without charge or at nominal cost by an agency of
the United States Government or of the Cooperating Government and
similar factors.
(3) Temporary Lodging Allowance. Temporary lodging allowance is
a quarters allowance granted to an employee for the reasonable cost
of temporary quarters incurred by the employee and the family for a
period not in excess of three months after first arrival at a new
post in a foreign area or a period ending with the occupation of
residence (permanent) quarters, if earlier, and one month
immediately preceding final departure from the post subsequent to
the necessary vacating of residence quarters. The PSC and authorized
dependents will receive temporary lodging allowance in lieu of
living quarters allowance, not to exceed the amount set forth in the
Standardized Regulations (Government Civilians, Foreign Areas),
Chapter 120, as from time to time amended.
(4) Post Allowance. Post allowance is a cost-of-living allowance
granted to an employee officially stationed at a post where the cost
of living, exclusive of quarters cost, is substantially higher than
in Washington, DC. The PSC will receive post allowance payments not
to exceed those paid USAID employees in the Cooperating Country, in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 220, as from time to time amended.
(5) Supplemental Post Allowance. Supplemental post allowance is
a form of post allowance granted to an employee at the post when it
is determined that assistance is necessary to defray extraordinary
subsistence costs. The PSC will receive supplemental post allowance
payments not to exceed the amount set forth in the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter 230, as
from time to time amended.
(6) Payments during Evacuation. The Standardized Regulations
(Government Civilians, Foreign Areas) provide the authority for
efficient, orderly, and equitable procedure for the payment of
compensation, post differential and allowances in the event of an
emergency evacuation of employees or their dependents, or both, from
duty stations for military or other reasons or because of
[[Page 6828]]
imminent danger to their lives. If evacuation has been authorized by
the Mission Director, the PSC and authorized dependents will receive
payments during evacuation from their post of assignment in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 600, and the Federal Travel Regulations, as
from time to time amended.
(7) Educational Allowance. Educational allowance is an allowance
to assist the PSC in meeting the extraordinary and necessary
expenses, not otherwise compensated for, incurred by reason of the
service in a foreign area in providing adequate elementary and
secondary education for the children. The PSC will receive
educational allowance payments for the 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 the post of assignment in a foreign area, or
for the convenience of the Government, to meet the additional
expense of maintaining the dependents elsewhere than at such post.
The PSC will receive separate maintenance allowance payments not to
exceed that made to USAID employees in accordance with the
Standardized Regulations (Government Civilians, Foreign Areas),
Chapter 260, as from time to time amended.
(9) Danger Pay Allowance. Danger pay allowance is an allowance
to provide additional compensation above basic compensation to
employees in foreign areas where civil insurrection, civil war,
terrorism or wartime conditions threaten physical harm or imminent
danger to the health or well-being of the employee. The danger pay
allowance is in lieu of that part of the post differential, which is
attributable to political violence. Consequently, the post
differential may be reduced while danger pay is in effect to avoid
dual crediting for political violence. The PSC will be allowed
danger pay allowance not to exceed that paid USAID employees in the
Cooperating Country, in accordance with the Standardized Regulations
(Government Civilians, Foreign Areas), Chapter 650, as from time to
time amended.
(10) Educational Travel. Educational travel is travel to and
from a school in the United States for secondary education (in lieu
of an educational allowance) and for college education. The PSC will
receive educational travel payments for the dependent children
provided such payment does not exceed that which would be payable in
accordance with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 280, as from time to time amended.
Educational travel must not be authorized for PSCs whose assignment
is less than two years.
(e) The allowances provided in paragraphs (a) (1) through (10)
of this provision must be paid to the PSC in accordance with
practice prevailing at the Mission, or the Mission Director may
direct that the PSC be paid a per diem in lieu thereof as prescribed
by the Standardized Regulations (Government Civilians, Foreign
Areas), as from time to time amended.
5. Cooperating Country Taxes and Social Security
Funds for the Cooperating Country's Social Security, retirement,
pension, vacation or other cooperating country programs as required
by local law are 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.
6. Advance of Funds
If requested by the PSC and authorized in writing by the
Contracting Officer, USAID will arrange for an advance of funds to
defray the initial cost of travel, authorized pre-contract expenses,
and shipment of personal property. The advance is granted on the
same basis as to a USAID U.S.-citizen direct-hire employee.
7. Health and Life Insurance
Health and Life Insurance. The PSC is provided personal health
and life insurance benefits in accordance with the LCP.
8. Travel and Transportation
(a) General.
The PSC will be reimbursed in currency consistent with the
prevailing practice at post and at the rates established by the
Mission Director for authorized travel in the cooperating country in
connection with duties directly referable to work under this
contract. In the absence of such established rates, the PSC will 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 the Department of
State Standardized Regulations (DSSR) as from time to time amended.
The Executive Officer at the Mission may furnish Travel
Authorizations (TAs) for transportation authorized by this contract
which is payable in local currency or is to originate outside the
United States. When transportation is not provided by the
Government-issued TA, the PSC must procure transportation, the costs
of which will be reimbursed in accordance with the terms of this
contract.
(b) International Travel. For travel to and from post of
assignment the TCN PSC will be reimbursed for travel costs and
travel allowances from place of residence in the country of
recruitment (or other location provided that the cost of such travel
does not exceed the cost of the travel from the place of residence)
to the post of duty in the cooperating country and return to place
of residence in the country of recruitment (or other location
provided that the cost of such travel does not exceed the cost of
travel from the post of duty in the cooperating country to the PSC's
residence) upon completion of services by the individual.
Reimbursement for travel must be in accordance with USAID's
established policies and procedures and the provisions of this
contract, and must 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 PSC does not complete one full year at post of duty
(except for reasons beyond the PSC's control), the cost of going to
and from the post of duty for the PSC and dependents are not
reimbursable hereunder. If the PSC serves more than one year but
less than the required service in the cooperating country (except
for reasons beyond the PSC's control) costs of going to the post of
duty are reimbursable hereunder but the cost of going from post of
duty to the PSC's permanent, legal place of residence at the time
the PSC was employed for work under this contract are not
reimbursable under this contract for the PSC and dependents. When
travel is by economy class accommodations, the PSC will be
reimbursed for the cost of transporting up to 10 kilograms/22 pounds
of accompanied personal baggage per traveler in addition to that
regularly allowed with the economy ticket provided that the total
number of pounds of baggage does not exceed that regularly allowed
for first class travelers. Travel allowances for travelers must not
be in excess of the rates authorized in the Standardized Regulations
(Government Civilians, Foreign Areas) hereinafter referred to as the
Standardized Regulations--as from time to time amended, for not more
than the travel time required by scheduled commercial air carrier
using the most expeditious route. One stopover enroute for a period
of not to exceed 24 hours is allowable when the traveler uses
economy class accommodations for a trip of 14 hours or more of
scheduled duration. Such stopover must not be authorized when travel
is by indirect route or is delayed for the convenience of the
traveler. Per-diem during such stopover must be paid in accordance
with the Federal Travel Regulations as from time to time amended.
(c) Local Travel. Reimbursement for local travel in connection
with duties directly referable to the contract must 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 PSC will be reimbursed for actual travel
costs in the Cooperating Country by the Mission, including travel
allowances at rates not in excess of those prescribed by the
Standardized Regulations.
(d) Indirect Travel for Personal Convenience of a TCN. When
travel is performed by an indirect route for the personal
convenience of the traveler, the allowable costs of such travel will
be computed on the basis of the cost of allowable air fare via the
direct usually traveled route. If such costs include fares for air
or ocean travel by foreign flag carriers, approval for indirect
travel by such foreign flag carriers must be obtained from the
Contracting Officer or the Mission Director before such travel is
undertaken, otherwise only that portion of travel accomplished by
the United States-flag carriers will be reimbursable within the
above limitation of allowable costs.
(e) Limitation on Travel by TCN Dependents. Travel costs and
allowances will
[[Page 6829]]
be allowed for authorized dependents of the PSC and such costs will
be reimbursed for travel from place of abode in the country of
recruitment to the assigned station in the Cooperating Country and
return, only if the dependent remains in the Cooperating Country for
at least 9 months or one-half of the required tour of duty of the
contract, whichever is greater, except as otherwise authorized
hereunder for education, medical, or emergency visitation travel.
Dependents of the TCN PSC must return to the country of recruitment
or home country within thirty days of the termination or completion
of the PSC's employment, otherwise such travel will not be
reimbursed under this contract.
(f) Delays Enroute. The PSC may be granted reasonable delays
enroute while in travel status when such delays are caused by events
beyond the control of the PSC and are not due to circuitous routing.
It is understood that if delay is caused by physical incapacitation,
the PSC will be eligible for such sick leave as provided under the
``Leave and Holidays'' provision of this contract.
(g) Travel by Privately Owned Automobile (POV). If travel by POV
is authorized in the contract schedule or approved by the
Contracting Officer, the PSC will be reimbursed for the cost of
travel performed in the POV at a rate not to exceed that authorized
in the Federal Travel Regulations plus authorized per diem for the
employee and, if the POV is being driven to or from the cooperating
country as authorized under the contract, for each of the authorized
dependents traveling in the POV, provided that the total cost of the
mileage and per diem paid to all authorized travelers must not
exceed the total constructive cost of fare and normal per diem by
all authorized travelers by surface common carrier or authorized air
fare, whichever is less.
(h) Emergency and Irregular Travel and Transportation. Emergency
transportation costs and travel allowances while enroute, as
provided in this section, will be reimbursed not to exceed amounts
authorized by the DSSR 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 PSC 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 PSC is assigned.
(ii) Serious effect on physical or mental health if residence is
continued at assigned post of duty.
(iii) Serious illness, injury, or death of a member of the PSC's
immediate family or a dependent, including preparation and return of
the remains of a deceased PSC or dependents.
(2) Emergency evacuation when ordered by the principal U.S.
Diplomatic Officer in the cooperating country. Transportation and
travel allowances at safe haven and the transportation of household
effects and automobile or storage thereof when authorized by the
Mission Director, must be payable in accordance with established
Government regulations.
(3) The Mission Director may also authorize emergency or
irregular travel and transportation in other situations when in the
Mission Director's opinion the circumstances warrant such action.
The authorization must include the kind of leave to be used and
appropriate restrictions as to time away from post, transportation
of personal and household effects, etc.
(i) Country of Recruitment Travel and Transportation. The PSC
will be reimbursed for actual transportation costs and travel
allowances in the country of recruitment as authorized in the
Schedule or approved in advance by the Contracting Officer or the
Mission Director. Transportation costs and travel allowances must
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)
of this provision, unless economy air travel is not available and
the PSC adequately documents this to the satisfaction of the
Contracting Officer in documents submitted with the voucher.
(j) Rest and Recuperation Travel. If a TCN is being compensated
under the LCP, the TCN is not entitled to R&R unless specified in
the LCP, and only then as specified and applied to Foreign Service
Nationals (FSNs). If however, a TCN is compensated outside of the
LCP, the TCN is entitled to the R&R in the same way as applied to
offshore USPSCs and USDH, provided that the post is classified an
``R&R Post'' by the Department of State and the Mission Director
approves in writing the R&R travel for the TCN and the TCN's
dependents at Post.
(k) Transportation of Personal Effects (Excluding Automobiles
and Household Goods).
(1) General. Transportation costs must be paid on the same basis
as for direct-hire employees at post serving the same length tour of
duty, as authorized in the schedule. Transportation, including
packing and crating costs, will be paid for shipping from PSC'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 PSC's residence) to
post of duty in the cooperating country and return to the country of
recruitment or other location provided the cost of transportation of
the personal effects of the PSC not to exceed the limitations in
effect for such shipments for USAID direct-hire employees in
accordance with the DSSR in effect at the time shipment is made.
These limitations may be obtained from the Contracting Officer. The
cost of transporting household goods must not exceed the cost of
packing, crating, and transportation by surface common carrier.
(2) Unaccompanied Baggage. Unaccompanied baggage is considered
to be those personal belongings needed by the traveler immediately
upon arrival of the PSC and dependents. To permit the arrival of
effects to coincide with the arrival of the PSC and dependents,
consideration should be given to advance shipments of unaccompanied
baggage. The PSC will be reimbursed for costs of shipment of
unaccompanied baggage (in addition to the weight allowance for
household effects) not to exceed the limitations in effect for USAID
direct-hire employees in accordance with the DSSR 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
personal effects of USAID contractors between certain locations.
These reduced rates are available provided the shipper furnishes to
the carrier at the time of the issuance of the Bill of Lading
documentary evidence that the shipment is for the account of USAID.
The Contracting Officer will, on request, furnish to the PSC current
information concerning the availability of a reduced rate with
respect to any proposed shipment. The PSC must not be reimbursed for
shipments of household goods or personal effects in amounts in
excess of the reduced rates which are available in accordance with
the foregoing.
(m) Transportation of Goods. Where U.S. flag vessels are not
available, or their use would result in a significant delay, the PSC
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. Notwithstanding other provisions of
this provision, 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. Storage charges for household
goods (including packing, crating, and drayage costs), in the home
country or the country of recruitment, will be permitted in lieu of
transportation of all or any part of such goods to the Cooperating
Country under paragraph (k) above provided that the total amount of
effects shipped to the Cooperating Country or stored in the home
country or country of recruitment must not exceed the amount
authorized for USAID direct-hire employees under the DSSR. These
amounts are available from the Contracting Officer.
9. Payment
(a) Payment of compensation is based on written documentation
supporting time and attendance. Such written documentation must be
in accordance with Mission policy and practice.
(b) Any other payments due under this contract are as prescribed
by Mission policy.
[[Page 6830]]
(c) A final voucher and release of claims certification must be
submitted by the PSC promptly following completion of the duties
under this contract but in no event later than 120 days (or such
longer period as the Contracting Officer may approve in writing)
from the date of contract completion. The PSC's claim, which
includes the final settlement of compensation, must not be paid
until after the performance of the duties required under the terms
of this contract has been approved by USAID. Following this approval
by USAID, the PSC will submit the Release of Claims Certification
and the voucher designated by the PSC as the ``final voucher''. This
final voucher must be submitted on Form SF 1034 (original) and SF
1034-A (three copies). This final voucher must include a refund
check for the balance remaining on hand of any funds which may have
been advanced to the PSC, or the Government must pay any amounts due
and owing to the PSC.
(d) Release of Claims Certification. The following Release of
Claims Certification must be included on the final voucher, signed
and dated by the PSC:
``WHERE AS, by the terms of the contract between the PSC,
(insert name) and the United States, it is provided that after
completion of all the work, and prior to final payment, the PSC
shall furnish the United States with a release of all claims.
``NOW, THEREFORE, in consideration of the above premises and the
payment (by the United States to the PSC, or by the PSC to the
United States, as applicable) of the amount now due under the
contract, to wit, the sum of-------- dollars ($--------), the PSC
hereby remises, releases, and forever discharges the United States,
its officers, agents, and employees, of and from all manner of
liabilities, obligations, accounts, claims, and demands whatsoever,
in law and in equity, under or arising from the contract, except:
(if there are no exceptions, state ``None'' on the line below).
----------------------------------------------------------------
I, ------------, certify that I am the PSC in the foregoing
release, and who signed this release.
Signed:------------ Date:------------''
10. Conversion of Currency
Conversion of one currency to another currency at the Mission
must be in accordance with Mission policy. This may include the
conversion of currency through the cognizant U.S. Disbursing
Officer, or Mission Controller, as appropriate.
11. Post of Assignment Privileges
Privileges such as the use of APO, PX's, commissaries, and
officers clubs are established at posts abroad under agreements
between the U.S. and host governments. These facilities are intended
for and usually limited to U.S. citizens who are officials of the
U.S. Government. Normally, these facilities are not available to non
U.S. citizens. However, in those cases where facilities are open to
non U.S. citizens, they may be used by the PSC.
12. Security
(a) The PSC is obligated to immediately notify the Contracting
Officer if the PSC is arrested or charged with any offense during
the term of this contract.
(b) The PSC will not normally have access to classified or
administratively controlled information and must take conscious
steps to avoid receiving or learning of such information. However,
based on PSC's need to know, the Mission may authorize access to
administratively controlled information for performance of assigned
scope of work on a case-by-case basis in accordance with security
policies and procedures.
(c) The PSC agrees to immediately submit to the Mission Director
or Contracting Officer a complete detailed report, marked
``Privileged Information'' of any information which the PSC 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.
13. Notices
(a) Any notice, given by any of the parties involved in this
contract, will be sufficient only if in writing and delivered in
person or sent by telegraph, telegram, registered, or regular mail
as follows:
(1) TO USAID: To the Mission Director of the Mission in the
Cooperating Country with a copy to the cognizant Contracting
Officer.
(2) TO THE PSC: At the post of duty while in the Cooperating
Country and at the PSC's address shown on the Cover Page of this
contract or to another address as either party designates by notice
given as required here.
(b) Notices must be effective when delivered in accordance with
this provision or on the effective date of the notice that changes
this provision, whichever is later.
14. Medical Evacuation (MEDEVAC) Services (Pursuant to class
deviation OAA-DEV-2006-1c)
(a) The PSC must obtain MEDEVAC service coverage including
coverage for authorized dependents while performing personal
services abroad.
(b) Exceptions.
(1) A PSC and authorized dependents with a health insurance
program that includes sufficient MEDEVAC coverage as approved by the
Contracting Officer are not required to obtain MEDEVAC service
coverage.
(2) The Mission Director at the post of assignment may make a
written determination to waive the requirement for such coverage.
The determination must be based on findings that the quality of
local medical services or other circumstances obviate the need for
such coverage for PSCs and their dependents located at post.
15. Incentive Awards
(a) TCNs paid under the local compensation plan are eligible to
participate in the Joint Embassy Incentive Awards Program. The
program is administered by an Embassy Joint Country Awards
Committee.
(b) Meritorious step increases may be granted to TCNs paid under
the local compensation plan provided the granting of such increases
is the general practice locally.
(c) TCNPSCs whose compensation is based on the General Schedule
for U.S. direct-hires may receive certain monetary and non-monetary
awards. The monetary awards are limited solely to:
(1) On-the-Spot Cash Awards. This cash award is given to
encourage and reward superior accomplishments, beyond the minimum
satisfactory performance required under the contract, that
contribute to the quality, efficiency, and/or economy of Government
operations, or for special and specific nonrecurring commendable
acts or contributions during the contract performance period. The
Parameters/Limitations are as follows:
(i) A TCNPSC may receive one or more On-The-Spot Award not to
exceed a total of $500 in any one year period from the individual's
employing Bureau/Mission/Independent Office. A TCNPSC may receive
additional On-The-Spot Cash Awards up to $500 combined total from
USAID organizations outside of the individual's Bureau/Independent
Office/Mission, in the same one year period.
(ii) The minimum dollar value for an individual On-The-Spot Cash
Award is $25. The maximum dollar value of an individual On-The-Spot
Award is $500. An award may be provided in any amount between $25
and $500, ensuring compliance with the limitation noted in paragraph
(c)(1) of this provision.
(2) Special Act Awards. This cash award recognizes a specific
nonrecurring superior act or contribution to the public interest
that is beyond or outside normal job responsibilities as covered by
the individual's job description. The specific act or contribution
must be beyond the standard for minimum satisfactory performance
required by the contract. Unlike other cash awards, this award may
not be given for general superior performance of the work required
by the contract. No more than one Special Act Award may be granted
to a TCNPSC in any one year period.
(3) Time-Off Awards.
(i) This award is given in the form of excused absence from
official duty time, without loss of pay or charge to the
individual's leave balance. This award is given to encourage and
reward superior accomplishments, beyond minimum satisfactory
performance required under the contract, that contribute to the
quality, efficiency, and/or economy of Government operations, or for
special and specific nonrecurring commendable acts or contributions
during the contract performance period.
(ii) A Time Off award is granted based on the same criteria as
an On-the-Spot Cash award, and there is no general preference for
one or the other, as a matter of agency policy. Conditions within
the operating unit and circumstances of the individual being
nominated will dictate the most appropriate choice. A Time-Off Award
is categorized as a ``cash'' award because it represents paid time
away from official duty. The Parameters/Limitations are as follows:
(A) A full-time TCNPSC (i.e., 2087 work hours/year) may be
granted up to a total of 27 hours in awards during any one-year
period of the contract.
[[Page 6831]]
(B) The minimum amount of time for which a full-time TCNPSC may
be granted time off is one (1) hour. The maximum amount of time for
which an individual Time-Off Award may be granted is 27 hours. An
award may be granted in any one-hour time increment between 1-27
hours for a full-time TCNPSC.
(C) The maximum amount of time for which any part-time TCNPSC
may be granted a Time-Off Award is to be calculated by prorating the
maximum available to a full-time TCNPSC (27 hours/year) commensurate
with the number of work hours in the part-time TCNPSC's work year.
As an example, if the individual works approximately 1044 hours/year
the maximum amount of time in a year for which he/she may be granted
a time-off award is 14 hours.
(D) The following scale is provided as a general guide in
determining the appropriate amount of time to grant for a Time-Off
Award. The scale is based on an individual working under a full-time
(2087 hours/year) contract. The figures are to be prorated as noted
above for individuals working under a part-time contract:
------------------------------------------------------------------------
Contribution above and beyond
satisfactory performance Recommended time off award
------------------------------------------------------------------------
A contribution that is of sufficient Up to One Work Day, (not to
value to merit recognition. Beneficial exceed 9 hours).
change or modification to policies/
procedures. Contribution benefits
immediate unit or staff.
An important contribution to the value Up to Two Work Days, (not to
of an activity program, or service. exceed 18 hours).
Significant change to policies/
procedures. Contribution benefits
several units or an entire Mission/
Bureau/Office.
A highly significant contribution to Up to Three Work Days, (not to
the value of an activity, program, or exceed 27 hours).
service. A complete revision of
policies/procedures with considerable
impact. Contribution benefits an
entire Mission/Bureau/Office or is of
a cross-cutting nature impacting
several organizations within the
Agency.
------------------------------------------------------------------------
(E) The scheduling of Time-Off Awards must be approved by the
individual's supervisor because this award type represents time away
from official duty, which has the potential to impact the operating
unit's operations.
(F) A PSC who becomes physically incapacitated while using a
Time-Off Award may be granted sick leave for the period of
incapacitation. The employee is responsible for notifying the
supervisor immediately to report the illness during the period of
excused absence.
(G) A Time-Off Award is granted to recognize a superior
achievement and may not be used as a substitute for compensatory
time off.
(H) In deciding whether a Time-Off award is the appropriate
award type, the supervisor must consider the individual's leave
balance. If the individual has an excessive leave balance, a cash
award may be more appropriate, so as not to adversely affect the PSC
who may have annual leave subject to forfeiture at the end of the
contract.
(I) Time-Off Awards must be used within 6 months of approval and
may not be transferred to a new or follow-on contract with either
the same or new work unit under any circumstances. In cases where
the time off is not used within six months after the date of
approval, the time-off must be forfeited.
(J) Under no circumstances may a Time-Off Award be converted to
a lump-sum payment or transferred to any other contract. A Time-Off
Award not used by the end of the contract period must be forfeited,
even if less than 6 months from the date of approval.
TCNPSCs are not eligible for nomination for any other types of
cash awards other than the specific awards outlined above.
(4) Multiple Award Nominations:
(i) A TCNPSC may be nominated for more than one award within the
period of contract performance, or other benchmark period stated in
the contract. Each award nomination will be reviewed on its own
merit, and decisions to approve it will be based on whether the
employee's performance meets the criteria for that particular award.
However, a TCNPSC may not receive multiple cash or time-off awards
for the same act or service.
(ii) Cash Awards are separate and distinct from the pay
comparability increase, and the annual increase for satisfactory
performance available within the personal services contract.
16. Governing Law
This contract is established under the procurement authority of
the United States Government and is governed by the laws of the
United States including the procurement laws of the United States.
This contract contains the entire agreement of the parties with
respect to the subject matter thereof, and no representations,
inducements, promises or arrangements, oral or written between the
parties not embodied here shall have any force or effect. This
contract is a complete statement of duties, compensation, benefits,
leave, and all terms and conditions. Any disputes shall be resolved
by the courts or administrative tribunals of the United States.
PART IV: For Inclusion in Foreign Service National Personal Service
Contracts (FSNPSCs)
1. Physical Exams
Physical Fitness. The PSC must be examined by a licensed doctor
of medicine, and must obtain a statement of medical opinion that, in
the doctor's opinion, the PSC is physically qualified to engage in
the type of activity for which s/he is to be employed under the
contract. A copy of the medical opinion is provided to the
Contracting Officer before the PSC starts work under the contract.
USAID will pay for the cost of the physical examination based on
current Mission practice.
2. Leave and Holidays
(a) Vacation Leave. The PSC may accrue, accumulate, use, and be
paid for vacation in accordance with the Local Compensation Plan
(LCP). No vacation leave is earned if the contract is for less than
90 days. Unused vacation leave may be carried over under an
extension or renewal of the contract as long as it conforms to
Mission policy, practice and the LCP. With the approval of the
individual's supervisor and concurrence by the CO and if the
circumstances warrant, a PSC may be granted advance vacation leave
in excess of that earned, but in no case will a PSC be granted
advance vacation leave in excess of that which the PSC will earn in
one year of the contract. At the end of the contract, the PSC agrees
to reimburse USAID for leave used in excess of the amount earned
during the period of performance under the contract.
(b) Sick Leave. The PSC may accrue, accumulate, and use sick
leave in accordance with the LCP. Unused sick leave may be carried
over under an extension or renewal of the contract. Leave earned but
unused at the completion of this contract will be disposed of in
accordance with the LCP.
(c) Leave Without Pay. Leave without pay may be granted only
with the written approval of the PSC's supervisor and concurrence by
the Contracting Officer.
(d) Holidays. The PSC is entitled to all holidays granted by the
Mission in accordance with the LCP.
(e) Compensatory Time. Comp time or overtime for FSNPSCs is
governed by the local compensation plan. If the LCP does not address
compensatory time, then the prevailing practice of the Mission must
be followed. Comp time is not transferable from one contract to
another.
3. Cooperating Country Taxes and Social Security
Funds for the Cooperating Country's Social Security, retirement,
pension, vacation or other cooperating country programs as required
by local law are 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.
[[Page 6832]]
4. Insurance
Health and Life Insurance. The PSC is provided personal health
and life insurance benefits in accordance with the Local
Compensation Plan.
5. Travel and Transportation
(a) General. The Executive Officer at the Mission may furnish
Travel Authorization (TAs) for travel authorized by this contract.
When travel is not provided by Government issued TA, the PSC will
procure the travel, and the costs are reimbursed. The following
paragraphs provide specific guidance and limitations on particular
items of cost.
(b) Travel by Privately Owned Automobile (POV). If travel by POV
is authorized, USAID will reimburse the PSC for the cost of travel
performed in the POV, provided that
(1) The POV is being driven within the cooperating country as
authorized under the contract,
(2) The total cost of the mileage and per diem, if any, will be
paid in accordance with Mission policy and procedures and Federal
Travel Regulations.
6. Payment
(a) Payment of compensation is based on written documentation
supporting time and attendance in accordance with Mission policies
and procedures.
(b) Any other payments due under this contract are as prescribed
by Mission policy for the type of payment being made.
(c) A final voucher and release of claims certification must be
submitted by the PSC promptly following completion of the duties
under this contract but in no event later than 120 days (or such
longer period as the Contracting Officer may approve in writing)
from the date of contract completion. The PSC's claim, which
includes the final settlement of compensation, must not be paid
until after the performance of the duties required under the terms
of this contract has been approved by USAID. Following this approval
by USAID, the PSC will submit the Release of Claims Certification
and the voucher designated by the PSC as the ``final voucher''. This
final voucher must be submitted on Form SF 1034 (original) and SF
1034-A (three copies). This final voucher must include a refund
check for the balance remaining on hand of any funds which may have
been advanced to the PSC, or the Government must pay any amounts due
and owing to the PSC.
(d) Release of Claims Certification. The following Release of
Claims Certification must be included on the final voucher, signed
and dated by the PSC.
``WHERE AS, by the terms of the contract between the PSC,
(insert name) and the United States, it is provided that after
completion of all the work, and prior to final payment, the PSC
shall furnish the United States with a release of all claims.
``NOW, THEREFORE, in consideration of the above premises and the
payment (by the United States to the PSC, or by the PSC to the
United States, as applicable) of the amount now due under the
contract, to wit, the sum of -------- dollars ($--------), the PSC
hereby remises, releases, and forever discharges the United States,
its officers, agents, and employees, of and from all manner of
liabilities, obligations, accounts, claims, and demands whatsoever,
in law and in equity, under or arising from the contract, except:
(if there are no exceptions, state ``None'' on the line below).
I, ------------, certify that I am the PSC in the foregoing
release, and who signed this release.
----------------------------------------------------------------
Signed: ------------ Date: ------------''
7. Security
(a) The PSC is obligated to immediately notify the Contracting
Officer if the PSC is arrested or charged with any offense during
the term of this contract.
(b) The PSC will not normally have access to classified or
administratively controlled information and must take conscious
steps to avoid receiving or learning of such information. However,
based on PSC's need to know, the Mission may authorize access to
administratively controlled information for performance of assigned
scope of work on a case-by-case basis in accordance with current
security policies and procedures.
(c) The PSC agrees to submit immediately to the Mission Director
or Contracting Officer a complete detailed report, marked
``Privileged Information'' of any information which the PSC 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.
8. Notices
(a) Any notice, given by any of the parties involved in this
contract, will be sufficient only if in writing and delivered in
person or sent by telegraph, telegram, registered, or regular mail
as follows:
(1) TO USAID: To the Mission Director of the Mission in the
Cooperating Country with a copy to the appropriate Contracting
Officer.
(2) TO THE PSC: At the post of duty while in the Cooperating
Country and at the PSC's address shown on the Cover Page of this
contract or to another address as either party designates by notice
given as required here.
(b) Notices must be effective when delivered in accordance with
this provision or on the effective date of the notice that changes
this provision, whichever is later.
9. Incentive Awards
(a) The PSC is eligible to participate in the Joint Embassy
Incentive Awards Program. The program is administered by each post's
Embassy Joint Country Awards Committee.
(b) Meritorious step increases may be granted to FSNs paid under
the local compensation plan provided the granting of such increases
is the general practice locally.
10. Governing Law
This contract is established under the procurement authority of
the United States Government and is governed by the laws of the
United States including the procurement laws of the United States.
This contract contains the entire agreement of the parties with
respect to the subject matter thereof, and no representations,
inducements, promises or arrangements, oral or written between the
parties not embodied here shall have any force or effect. This
contract is a complete statement of duties, compensation, benefits,
leave, and all terms and conditions. Any disputes shall be resolved
by the courts or administrative tribunals of the United States.
Attachment 1 to Appendix A--Class Justification for Other Than Full and
Open Competition for Personal Services Contracts With U.S. Citizens
Contracted With Locally, With CCNs and TCNs Subject to the Local
Compensation Plan, and for Overseas Contracts of $250,000 or Less
I. General
This document is a class justification for other than full and
open competition as authorized by Section 6.303-1(c) of the Federal
Acquisition Regulation (FAR). This class justification may be used
in accordance with its terms by any USAID Contracting Officer acting
within the scope of his/her delegated authority. This class
justification is applicable to locally recruited U.S. personal
services contracts and CCN and TCN personal services contracts,
subject to the local compensation plan awarded pursuant to AID
Acquisition Regulation (AIDAR) 706.302-70(b)(1), and to any contract
of $250,000 or less awarded by an overseas contracting activity
pursuant to AIDAR 706.302-70(b)(2), as authorized by 40 U.S.C. 474,
provided the appropriate requirements for competition in Section II
of this class justification are followed.
It has been determined that requiring full and open competition
for procurement of U.S. locally recruited personal services
contracts and CCN and TCN personal services (subject to the local
compensation plan) or for procurement of $250,000 or less by
overseas contracting activities would impair USAID's ability to meet
the objectives of the foreign assistance program. Thus, Section
706.302-70 of the AIDAR provides that such procurements may be
exempted from the full and open competition requirements. This class
justification may be used to satisfy the requirements of AIDAR
706.302-70(c)(2) regarding preparation of justifications pursuant to
FAR 6.303. It applies only to procurements specified above.
II. Conditions for Use
A. PSCs With United States Citizens Recruited Locally
If recruited locally, the position was publicized in the same
way that the Mission announces direct-hire U.S. citizen positions.
Renewals or extensions with the same individual for continuing
service \3\ do not need to be publicized.
---------------------------------------------------------------------------
\3\ ``continuing service'' means ``same services.''
---------------------------------------------------------------------------
B. PSCs With Cooperating Country Nationals and Third Country Nationals
Subject to the Local Compensation Plan
New contracts were publicized consistent with Mission/Embassy
practice on announcement of direct-hire FSN positions.\4\ Renewals
or extensions with the same
[[Page 6833]]
individual for continuing service \5\ do not need to be publicized.
---------------------------------------------------------------------------
\4\ The reference to direct-hire means all FSN positions
including FSN/CCN PSCs.
\5\ ``continuing services'' means ``same services.''
---------------------------------------------------------------------------
C. Local Procurements for Supplies and Services \6\ Up to $250,000
---------------------------------------------------------------------------
\6\ The term ``services'' in this part of the class
justification does not include ``personal services.''
---------------------------------------------------------------------------
This applies to procurements where the aggregate amount of the
contract does not exceed the limits stated below:
(1) Procurements up to $100,000 were competed as provided in FAR
13.106, except that synopsis in the Commerce Business Daily \7\ is
not required in any case.
---------------------------------------------------------------------------
\7\ ``Commerce Business Daily'' has been replaced with
``FedBizOpps.''
---------------------------------------------------------------------------
(2) Procurements between $100,001 and $250,000 were publicized
locally sufficiently to ensure that a reasonable number of
contractors were notified. This class justification may not be used
if only one source was considered.
D. Certification, File Documentation
A copy of this class justification must be included in the
contract file, together with a written statement, signed by the
Contracting Officer, that: the contract is being awarded pursuant to
AIDAR 706.302-70(b)(1) or (2), as applicable; that the conditions in
Section II of this class justification have been met; and that the
cost of the contract is fair and reasonable.
III. Effective Date
This class justification is effective on the date of signature
below.
Date: July 22, 1997
/s/ Marcus L. Stevenson
USAID Procurement Executive
Appendix D [Removed and Reserved]
2. Remove and Reserve Appendix D--``Direct USAID Contracts with a
U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad'' in
its entirety.
Appendix J [Removed and Reserved]
3. Remove and Reserve Appendix J--``Direct USAID Contracts with a
Cooperating Country National and with a Third Country National for
Personal Services Abroad'' in its entirety.
Michael F. Walsh,
Procurement Executive.
[FR Doc. E7-2311 Filed 2-12-07; 8:45 am]
BILLING CODE 6116-01-P