[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR752.7013]



[Page 74]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

             Subpart 752.70_Texts of USAID Contract Clauses

 

Sec. 752.7013  Contractor-mission relationships.



    For use in all USAID contracts involving performance overseas. Note 

that paragraph (f) of this clause is applicable only in contracts with 

an educational institution.



               Contractor-Mission Relationships (OCT 1989)



    (a) The Contractor acknowledges that this contract is an important 

part of the United States Foreign Assistance Program and agrees that its 

operations and those of its employees in the Cooperating Country will be 

carried out in such a manner as to be fully commensurate with the 

responsibility which this entails.

    (b) The Mission Director is the chief representative of USAID in the 

Cooperating Country. In this capacity, he/she is responsible for both 

the total USAID program in the cooperating country including certain 

administrative responsibilities set forth in this contract, and for 

advising USAID regarding the performance of the work under the contract 

and its effect on the United States Foreign Assistance Program. Although 

the Contractor will be responsible for all professional, technical, and 

administrative details of the work called for by the contract, it shall 

be under the guidance of the Mission Director in matters relating to 

foreign policy. The Chief of Party shall keep the Mission Director 

currently informed of the progress of the work under the contract.

    (c) In the event the conduct of any Contractor employee is not in 

accordance with the preceding paragraphs, the Contractor's Chief of 

Party shall consult with the Mission Director and the employee involved 

and shall recommend to the Contractor a course of action with regard to 

such employee.

    (d) The parties recognize the right of the U.S. Ambassador to direct 

the removal from a country of any U.S. citizen or the discharge from 

this contract of any third-country national or cooperating-country 

national when, at the discretion of the Ambassador, the interests of the 

United States so require. Under these circumstances termination of an 

employee and replacement by an acceptable substitute shall be at no cost 

to USAID.

    (e) If it is determined that the services of such employee shall be 

terminated, the Contractor shall use its best efforts to cause the 

return of such employee to the United States or point of origin as 

appropriate.



[The following paragraph (f) is applicable if the contract is with an 

educational institution:]



    (f) It is understood by the parties that the Contractor's 

responsibilities shall not be restrictive of academic freedom. 

Notwithstanding these academic freedoms, the Contractor's employees, 

while in the Cooperating Country, are expected to show respect for its 

conventions, customs, and institutions, to abide by applicable laws and 

regulations, and not to interfere in its internal political affairs.



                             (End of clause)



[54 FR 46391, Nov. 3, 1989]