[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: 48CFR752.7016]



[Page 75-76]

 

            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. 752.7016  Family planning and population assistance activities.



    The following clause is applicable to all contracts involving any 

aspect of family planning or population activities.



     Family Planning and Population Assistance Activities (AUG 1986)



    (a) Voluntary Participation. (1) The Contractor agrees to take any 

steps necessary to ensure that funds made available under this contract 

will not be used to coerce any individual to practice methods of family 

planning inconsistent with such individual's moral, philosophical, or 

religious beliefs. Further, the Contractor agrees to conduct its 

activities in a manner which safeguards the rights, health and welfare 

of all individuals who take part in the program.

    (2) Activities which provide family planning services or information 

to individuals, financed in whole or in part under this contract, shall 

provide a broad range of family planning methods and services available 

in the country which the activity is conducted or shall provide 

information to such individuals regarding where such methods and 

services may be obtained.

    (b) Prohibition on Abortion-related Activities. No funds made 

available under this Contract shall be used to finance, support, or be 

attributed to the following activities: (i) Procurement or distribution 

of equipment intended to be used for the purposes of inducing abortions 

as a method of family planning: (ii) special fees or incentives to women 

to coerce or motivate them to have abortions; (iii) payments to persons 

to perform abortions or to solicit persons to undergo abortions; (iv) 

information, education, training, or communication programs that seek to 

promote abortion as a method of family planning; (v) any biomedical 

research which relates, in whole or in part, to methods of, or the 

performance of, abortions or involuntary sterilization as a means of 

family planning (epidemiologic or descriptive research to assess the 

incidence, extent or consequences of abortion is not precluded); or (vi) 

lobbying for abortion.

    (c) Voluntary Participation Requirements for Sterilization Programs. 

(1) None of the funds made available under this contract shall be used 

to pay for the performance of involuntary sterilizations or to coerce or 

provide any financial incentive to any person to practice 

sterilizations.



[[Page 76]]



    (2) The Contractor shall insure that any surgical sterilization 

procedures supported in whole or in part by funds from the contract are 

performed only after the individual has voluntarily come to the 

treatment facility and has given an informed consent to the 

sterilization procedure. Informed consent means the voluntary knowing 

assent from the individual given after being advised of the surgical 

procedures to be followed, the attendant discomforts and risks, the 

benefits to be expected, the availability of alternative methods of 

family planning, the purpose of the operation and its irreversibility, 

and the fact that the consent can be withdrawn at any time prior to the 

operation. An individual's consent is considered voluntary if it is 

based upon the exercise of free choice and is not obtained by any 

special inducement or any element of force, fraud, deceit, duress or 

other forms of coercion or misrepresentation.

    (3) Further, the Contractor shall document the patient's informed 

consent by: (i) A written consent document in a language the patient 

understands and speaks, which explains the basic elements of informed 

consent, as set out above, and which is signed by the individual and by 

the attending physician or by the authorized assistant of the attending 

physician; or (ii) when a patient is unable to read adequately a written 

certification signed by the attending physician or by the authorized 

assistant of the attending physician that the basic elements of informed 

consent above were orally presented to the patient, and that the patient 

thereafter consented to the performance of the operation. The receipt of 

the oral explanation shall be acknowledged by the patient's mark on the 

certification and by the signature or mark of the witness who shall be 

of the same sex and speak the same language as the patient.

    (4) Copies of the informed consent forms and certification documents 

for each voluntary sterilization (VS) procedure must be retained by the 

performing Contractor or subcontractor for a period of three years after 

the performance of the sterilization procedure.

    (d) The Contractor shall insert the substance of this clause in any 

subgrants, subcontracts, purchase orders, and other subordinate 

agreements hereunder whenever appropriate to the goods and services to 

be provided under such agreements.



[49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33669, Aug. 24, 1984; 51 

FR 34985, Oct. 1, 1986]