Page images
PDF
EPUB

not price, and since the biographical data and salary history, are used to solicit for such contracts, FAR Subparts 15.4 and 15.5 and FAR Parts 52 and 53 are inappropriate and shall not be used. Instead, the solicitation and selection procedures outlined in this Appendix shall govern.

(4) If the appropriate competitive procedure in paragraph (2) above is not followed, the Contracting Officer must prepare a separate justification as required under AIDAR 706.302-70(c)(2).

(5) A list of Government or host country furnished items (e.g., housing); and

(6) If the PSC will be providing consulting services, include the justification required by AIDAR 737.270(b). (b) Contracting Officer's responsibilities.

(1) The Contracting Officer will prepare the solicitation for personal services which shall contain:

(i) Three sets of certified biographical data and salary history. (Upon receipt, one copy of the above information shall be forwarded to the Project Officer.)

(ii) A detailed statement of duties or a completed position description for the position being recruited for.

(iii) A copy of the prescribed contract Cover Page, Contract Schedule, General Provisions and Additional General Provisions, if applicable, as well as the FAR clauses to be incorporated by reference.

(iv) A copy of Attachment 2C to Chapter 2 of A.I.D. Handbook 24, entitled Employee Responsibilities and Conduct.

(2) The Contracting Officer shall comply with the requirements of AIDAR 706.30270(c) as detailed in paragraph 5(c) below.

(c) Competition.

(1) Under AIDAR 706.302-70(b)(1), personal services contracts are exempt from the requirements for full and open competition with two limitations that must be observed by Contracting Officers:

(i) Offers are to be requested from as many potential offerors as is practicable under the circumstances, and

(ii) A justification supporting, less than full and open competition must be prepared in accordance with FAR 6.303.

(2) A class justification was approved by the A.I.D. Procurement Executive on January 20, 1987 which will satisfy the requirements of AIDAR 706.302-70(c)(2) for a justification in accordance with FAR 6.303 subject to the following condition for use for personal services contracts with Cooperating Country Nationals and Third Country Nationals:

(i) New contracts are publicized consistent with Mission/Embassy practice on announcement of direct hire FSN positions. Renewals or extensions with the same individual for continuing service do not need to be publicized.

(ii) A copy of the class justification (which was distributed to all A.I.D. Contracting Officers via Contract Information Bulletin) must be included in the contract file, together with a written statement, signed by the Contracting Officer, that the contract is being awarded pursuant to AIDAR 706.302– 70(b)(1); that the conditions for use of this class justification have been met; and that the cost of the contract is fair and reasonable.

(3) Since the award of a personal services contract is based on technical qualifications,

6. Negotiating a Personal Services Contract

Negotiating a personal services contract is significantly different from negotiating a nonpersonal services contract because of the employer-employee relationship; therefore, the selection procedures are more akin to the personnel selection procedures.

(a) Project Officer's responsibilities. The Project Officer shall be responsible for reviewing and evaluating the applications received in response to the solicitation issued by the Contracting Officer. If deemed appropriate, interviews may be conducted with the applicants before the final selection is submitted to the Contracting Officer.

(b) Contracting Officer's responsibilities.

(1) The Contracting Officer shall forward & copy of each statement of biographical data and salary history received under the solicitation to the Project Officer for evaluation.

(2) On receipt of the Project Officer's recommendation, the Contracting Officer shall conduct negotiations with the recommended applicant. The terms and conditions of the contract will normally be in accordance with the local compensation plan which forms the basis for all compensation payments paid to FSNs which includes CCNs and TCNS.

(3) The Contracting Officer shall use the certified salary history on the certified statement of biographical data and salary history as the basis for salary negotiations, along with the Project Officer's cost estimate.

(4) The Contracting Officer will obtain necessary data for a security and suitability clearance to the extent required by A.I.D. Handbook 6, Security.

7. Executing a Personal Services Contract

Contracting activities, whether A.I.D./W or Mission, may execute personal services contracts, provided that the amount of the contract does not exceed the contracting authority that has been redelegated to them under Delegation of Authority No. 1103 “TO the Assistant to the Administrator for Management, Concerning Acquisition Functions" (50 FR 23842), as amended (see AIDAR 702.170-10).

In executing a personal services contract, the contracting officer is responsible for insuring that:

(a) The proposed contract is within his/ her delegated authority;

(b) A written detailed statement of duties covering the proposed contract has been received;

(c) The proposed scope of work is contractible, contains a statement of minimum qualifications from the technical office requesting the services, and is suitable for a personal services contract in that:

(1) Performance of the proposed work requires or is best suited for an employer-employee relationship, and is thus not suited to the use of a non-personal services contract;

(2) The scope of work does not require performance of any function normally reserved for Federal employees (see paragraph 4(b) of this Appendix); and

(3) There is no apparent conflict of interest involved (if the contracting officer believes that a conflict of interest may exist, the question should be referred to the cognizant legal counsel).

(d) Selection of the contractor is documented and justified. AIDAR 706.30270(b)(1) provides an exception to the requirement for full and open competition for personal services contracts abroad (see paragraph 5(c) of this Appendix);

(e) The standard contract format prescribed for Cooperating Country Nationals and Third Country Nationals personal services contracts (Sections 10, 11, 12, 13 14, and 15 to this Appendix as appropriate) is used; or that any necessary deviations are processed as required by AIDAR 701.470.

(f) The contractor has submitted the names, addresses, and telephone numbers of at least two persons who may be notified in the event of an emergency (this information is to be retained in the contract file);

(g) The contract is complete and correct and all information required on the contract Cover Page (AID form 1420-36B) has been entered;

(h) The contract has been signed by the contracting officer and the contractor, and fully executed copies are properly distributed;

(i) The following clearances, approvals and forms have been obtained, properly completed, and placed in the contract file before the contract is signed by both parties:

(1) Security clearance to the extent required by A.I.D. Handbook 6, Security;

(2) Mission, host country, and project office clearance, as appropriate;

(3) Medical clearance(s) based on a full medical examination(s) and certification of same by a licensed physician. The physician's certification must be in the possession of the contracting officer prior to signature

of contract. If a TCN is recruited, medical clearance requirements apply to the contractor and for each dependent who is authorized to accompany the contractor.

(4) The approval for any salary in excess of FS-1, in accordance with Appendix G of this chapter;

(5) A copy of the class justification or other appropriate explanation and support required by AIDAR 706.302-70, if applicable;

(6) Any deviation to the policy or procedures of this Appendix, processed and approved under AIDAR 701.470;

(7) The memorandum of negotiation;

(j) The position description is classified in accordance with the LEPCH, and the proposed salary is consistent with the local compensation plan or the alternate procedures established in 4(c)(2)(ii) above;

(k) Funds for the contract are properly obligated to preclude violation of the AntiDeficiency Act, 31 U.S.C. 134 (the contracting officer ensures that the contract has been properly recorded by the appropriate accounting office prior to its release for the signature of the selected contractor);

(1) The contractor receives and understands Attachment 2C of Chapter 2, A.I.D. Handbook 24, General Personnel Policy, entitled “Employee Responsibilities and Conduct,” and a copy is attached to each contract, as provided for in paragraph 2(c) of General Provision 2, Section 11;

(m) Agency conflict of interest requirements, as set out in Chapter 2D and 2F of A.I.D. Handbook 24, are met by the contractor prior to his/her reporting for duty;

(n) A copy of a Checklist for Personal Services Contractors which may be in the form set out above or another form convenient for the contracting officer, provided that a form containing all of the information described in this paragraph 7 shall be prepared for each PSC and placed in the contract file;

(0) In consultation with the regional legal advisor and/or the regional contracting officer, the contract is modified by deleting from the General Provisions (Sections 10, 11, 12, 13, 14, and 15 of this Appendix) the inapplicable clause(s) by a listing in the Schedule; and

(p) The block entitled, “Project No.” on the Cover Page of the contract format is completed by inserting the four-segment project number as prescribed in A.I.D. Handbook 18, Information Services.

8. Contract Provisions (a) The Contract Document.

The prescribed contract Cover Page, Contract Schedule, General Provisions and Additional General Provisions for personal service contracts for TCNs and CCNS cov12. “Schedule for Contract with a Third Country National”.

13. “General Provisions for Contract with a Third Country National.”

14. “Additional Provisions for Contract With a Third Country National."

15. FAR Clauses to be incorporated by reference in personal services contracts.

ered by this Appendix are included as follows:

9. “Cover Page" for a Contract with a Cooperating Country National or with a Third Country National.

10. “Schedule for Contract With a Cooperating Country National."

11. “General Provisions for Contract With a Cooperating Country National.”

9

Section 9

AGENCY FOR INTERNATIONAL DEVELOPMENT

WASHINGTON, D.C. 20523

CONTRACT WITH A COOPERATING COUNTRY NATIONAL POR PERSONAL SERVICES ABROADI)

CONTRACT WITH A THIRD COUNTRY NATIONAL POR PERSONAL SERVICES ABROAD ]

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

The United States of America, hereinafter called the government, represented by the contracting Office executing this contract, and the contractor agree that the contractor shall perform all the services set forth in the attached Scheduie, for the consideration stated therein. The rights and obligations of the parties to this contract shall be subject to and governed by the Schedule and the General Provisions. To the extent of any inconsistency between the schedule or the General Provisions and any specifications or other provisions which are made a part of this contract, by reference or otherwise, the Schedule and the General Provisions shall control. To the extent of any inconsistency between the schedule and the General Provisions, the Schedule shall control.

iFill in appropriate spaces)

This contract consists of this cove: Page, the Schedule of

pages, including the Table of contents, the General Provisions for a CCN (Section ll dated

), or the General Provisions for a TCN (Section 13 dated

), the Additional General Provisions for ITCN (Section 14 dated

), and Section 15 PAR Clauses dated

[blocks in formation]

Section 10 Cooperating Country National PSC Contract No.

under General Provisions Clause 3, have been received or unless another date is specified by the Contracting Officer in writing, the contractor shall proceed to and shall promptly commence performance of the duties specified above. The contractor's period of service shall be approximately in -. (Specify time of duties in each location.)

Table of Contents The Schedule consists of this Table of Contents and the following Articles: Article 1-Statement of Duties Article II–Period of Service Article III—Contractor's Compensation and

Reimbursement
Article IV-Costs Reimbursable and Logistic

Support
Article V-Precontract Expenses
Article VI-Additional Clauses

General Provisions The following provisions, numbered as shown below, omitting number(s) are the General Provisions (GPs) of this Contract:

1. Definitions.

2. Compliance with Applicable Laws and Regulations.

3. Physical Fitness.
4. Security Clearance.
5. Workweek.
6. Leave and Holidays.

7. Social Security and Cooperating Country Taxes.

8. Worker's Compensation.
9. Travel and Transportation Expenses.
10. Payment.
11. No Access to Classified Information.
12. Contractor-Mission Relationships.
13. Termination.
14. Disputes.
15. Release of Information.
16. Officials Not To Benefit.
17. Covenant Against Contingent Fees.
18. Notices.

Article III-Contractor's Compensation and

Reimbursement A. Except as reimbursement may be specifically authorized by the Mission Director or Contracting Officer, AID shall pay the contractor compensation after it has accrued and make reimbursements, if any are due, in currency of the cooperating country (LC) in accordance with the prevailing practice of the post or for necessary and reasonable costs actually incurred in the performance of this contract within the categories listed in paragraph D, below, and subject to the conditions and limitations applicable thereto as set out herein and in the attached General Provisions (GP).

B. The amount budgeted and available as personal compensation to the contractor is calculated to cover a calendar period of approximately (days) (weeks) (months) (years) (which is to include (1) vacation and sick leave which may be earned during the contractor's tour of duty (GP Clause No. 6), (2) days for authorized travel (GP Clause 9), and (3) days for orientation and consultation if required by the Statement of Duties.

C. The contractor shall earn vacation leave at the rate of days per year under the contract (provided the contract is in force for at least 90 days) and shall earn sick leave at the rate of days per year under the contract.

D. Allowable Costs:

1. Compensation at the rate of LC_ (year) (month) (week) (day), equivalent to Grade FSN-_/ in accordance with the Mission's Local Compensation Plan. If during the effective period of this contract the Local Compensation Plan is revised, contractor's compensation will be revised accordingly and contractor will be notified in writing by the Contracting Officer. Adjustments in compensation for periods when the contractor is not in compensable pay status shall be calculated as follows: Rate of per (day) (hour).

LC_ 2. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall be allowed hereunder.)

LC 3. Travel and Transportation (Ref. GP Clause 9). (Includes the value of GTRs fur

per

Schedule NOTE: Use of the following Schedule articles is not mandatory. They are intended to serve as guidelines and as a checklist for contracting offices in drafting contract schedules. Article language shall be changed to suit the needs of the particular contract. Special attention should be given to the financial planning sections where unnecessary line items should be eliminated.

Article 1-Statement of Duties [The statement of duties shall include:

A. General statement of the purpose of the contract.

B. Statement of duties to be performed.

C. Orientation or training to be provided by USAID.]

LC

Article IIPeriod of Service Within days after written notice from the Contracting Officer that all clearances, including the doctor's certificate required

« PreviousContinue »