such manner as the Mission Director shall prescribe. C. Cooperating or U.S. Government Furnished Equipment and Facilities [List any logistical support, equipment, and facilities to be provided by the cooperating government or the U.S. Government at no cost to this contract; e.g., office space, supplies, equipment, secretarial support, etc., and the conditions, if any, for use of such equipment.] Article V-Precontract Expenses No expense incurred before signing of this contract will be reimbursed unless such expense was incurred after receipt and acceptance of a precontract expense letter issued to the contractor by the Contracting Officer, and then only in accordance with the provisions and limitations contained in such letter. The rights and obligations created by such letter shall be considered as merged into this contract. Article VI-Additional Clauses [Additional Schedule clauses may be added, such as the implementation of General Provisions.] Section 11. General Provisions-Contract With a Cooperating Country National for Personal Services To be used to contract with cooperating country nationals for personal services to be performed in the cooperating country. Index of Clauses 1. Definitions (Dec 1986). 2. Compliance with Applicable Laws and Regulations (Dec 1986). 3. Physical Fitness (Dec 1986). 6. Leave and Holidays (Dec 1986). 7. Social Security and Cooperating Country Taxes (Dec 1986). 8. Worker's Compensation (Dec 1986). 9. Travel and Transportation (Dec 1986). 10. Payment (Dec 1986). 11. No Access To Classified Information (Dec 1986). 12. Contractor-Mission Relationships (Dec 1986). 13. Termination (FAR 52.249-12) (APR 1984). 14. Disputes (APR 1984) [(FAR 52.2331)(Alternate I)]. 15. Release of Information (Dec 1986). 16. Officials Not to Benefit [(APR 1984) (FAR 52.203-5)]. 17. Convenant Against Contingent Fees (Dec 1986). 18. Notices (Dec 1986). 1. Definitions (Dec 1986) (a) "Administrator" shall mean the Administrator or the Deputy Administrator of the Agency for International Development. (b) "AID" shall mean the Agency for International Development. (c) "Contracting Officer" shall mean a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (d) "Contractor" shall mean the individual engaged to serve in the cooperating country under this Contract. (e) "Cooperating Country" shall mean the foreign country in or for which services are to be rendered hereunder. (f) "Cooperating Government" shall mean the government of the cooperating country. (g) "Government" shall mean the United States Government. (h) "Local currency" shall mean the currency of the cooperating country. (i) "Mission" shall mean the United States AID Mission to, or principal AID office in, the Cooperating Country. (j) "Mission Director" shall mean the principal officer in the Mission in the cooperating country, or his/her designated representative. (k) "Tour of duty" shall mean the Contractor's period of service under this Contract and shall include authorized leave. 2. Compliance With Applicable Laws and Regulations (Dec 1986) (a) Conformity to Laws and Regulations of the Cooperating Country. Contractor agrees, during the tour of duty under this contract, to abide by all applicable laws and regulations of the cooperating country and political subdivisions thereof. (b) Code of Conduct. The Contractor shall, during the tour of duty under this Contract, be considered an "employee" (or if his/her tour of duty is for less than 130 days, a "special Government employee") for the purposes of, and shall be subject to, the provisions of 22 CFR Part 10, "Employee Responsibilities and Conduct" Attachment 2C to Chapter 2 of AID Handbook 24. By accepting this Contract, the Contractor acknowledges receipt of a copy of said provisions. 3. Physical Fitness (October 1987) The contractor shall be examined by a licensed doctor of medicine, and the contractor shall obtain from the doctor a certificate that, in the doctor's opinion, the contractor is physically qualified to engage in the type of activity for which he/she is to be employed under the contract. A copy of the certificate shall be provided to the contracting officer before the contractor starts work under the contract. The contractor shall be reimbursed for the cost of the physical examination based on the rates prevailing locally for such examinations in accordance with Mission practice. 4. Security Clearance (Dec 1986) The Contractor recognizes that a security check including any record with police authorities, has been performed before the signing of this contract. The Contractor is obligated to notify immediately the Contracting Officer if the Contractor is arrested or charged with any offense during the term of this contract. 5. Workweek (October 1987) The contractor workweek shall not be less than 40 hours, unless otherwise provided in the Schedule, and shall coincide with the workweek for those employees of the Mission or the cooperating country agency most closely associated with the work of this contract. If approved in advance in writing, overtime worked by the contractor shall be paid in accordance with the procedures governing premium compensation applicable to direct hire foreign service national employees. 6. Leave and Holidays (October 1987) (a) Vacation Leave. The contractor may accrue, accumulate, use and be paid for vacation leave in the same manner as such leave is accrued, accumulated, used and paid to foreign service national direct hire employees of the Mission. No vacation leave shall be 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 and practice. (b) Sick Leave. The contractor may accrue, accumulate, and use sick leave in the same manner as such leave is accrued, accumulated and used by foreign service national direct hire employees of the Mission. Unused sick leave may be carried over under an extension of the contract. The contractor will not be paid for sick leave earned but unused at the completion of this contract. (c) Leave Without Pay. Leave without pay may be granted only with the written approval of the contracting officer or Mission Director. (d) Holidays. The contractor shall be entitled to all holidays granted by the Mission to direct hire cooperating country national employees who are on comparable assignments. 7. Social Security and Cooperating Country Taxes (Dec 1986) Funds for Social Security, retirement, pension, vacation or other cooperating country programs as required by local law may be deducted and withheld in accordance with laws and regulations and rulings of the cooperating country or any agreement concerning such withholding entered into between the cooperating government and the United States Government. 8. Worker's Compensation Benefits (Dec The Contractor shall be provided worker's compensation benefits in accordance with the Federal Employees' Compensation Act. 9. Travel and Transportation (Dec 1986) (a) The Contractor shall 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 Contractor shall be reimbursed for actual costs of authorized travel in the cooperating country if not provided by the cooperating government or the Mission in connection with duties directly referable to work hereunder, including travel allowances at rates prescribed by AID Handbook 22, as from time to time amended. (b) Special International Travel and Third-Country Travel. For special travel which (1) advances the purpose of the Contract, (2) is not otherwise provided by the cooperating government, and (3) has the prior written approval of the Contracting Officer or the Mission Director, the Contractor shall travel under Government Travel Requests, or if appropriate, be reimbursed for (i) the costs of international transportation and for local transportation within other countries, and (ii) travel allowances while in official travel status and while performing services under the Contract in such other countries at rates prescribed by AID Handbook 22, as from time to time amended. (c) Preference for U.S.-Flag Air Carriers (April 1984). (1) "International air transportation," as used in this clause, means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. "United States," as used in this clause, means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and possessions of the United States. "U.S.-flag air carrier," as used in this clause, means an air carrier holding a certif icate under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371). (2) Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1517) (Fly America Act) requires all Federal agencies and Government contractors and subcontractors use U.S.-flag carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. (3) The Contractor agrees, in performing work under this contract, to use U.S.-flag air carriers for international air transportation of personnel (and their personal effects) or property to the extent that service by those carriers is available. (4) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a certification on vouchers involving such transportation essentially as follows: Certification of the Unavailability of U.S.Flag Air Carriers I hereby certify that international air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section 47.403 of the Federal Acquisition Regulation): [State reasons]: (End of Certification) (d) Indirect Travel for Personal Convenience. (1) 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 economy class air fare via the direct usually traveled route between the authorized points of departure and destination. (2) If such costs include fares for air or ocean transportation by foreign-flag carriers, approval for indirect travel by such foreign-flag carrier must be obtained from the Contracting Officer or the Mission Director before such travel is undertaken, otherwise only that portion of travel accomplished by U.S.-flag carriers will be reimbursable within the above limitation of allowable costs. (e) Delays En Route. The Contractor may be granted reasonable delays en route, provided that such delays are caused by events beyond the control of the Contractor and are not due to circuitous routing. It is understood that if the delay is caused by physical incapacitation the Contractor shall be eligible for sick leave, as provided for under the General Provision of this Contract entitled Leave and Holidays. (f) Privately Owned Vehicle (POV). If travel by POV is authorized in the Contract Schedule or approved by the Contracting Officer, the Contractor shall be reimbursed for the cost of travel in his/her privately owned vehicle in accordance with Mission practice and regulations. 10. Payment (October 1987) (a) Payment of compensation shall be based on written documentation supporting time and attendance which may be (1) maintained by the Mission in the same way as for direct hire FSN's or (2) the contractor may submit such written documentation in a form acceptable to Mission policy and practice as required for other personal service contractors and as directed by the Mission Controller or paying office. The documentation will also provide information required to be filed under Cooperating Country laws to permit withholding by A.I.D. of funds, if required, as described in the clause of these General Provisions entitled Social Security and Cooperating Country Taxes. (b) Any other payments due under this contract shall be as prescribed by Mission policy for the type of payment being made. 11. No Access to Classified Information (October 1987) (a) The contractor shall not normally have access to classified or administratively controlled information and shall take conscious steps to avoid receiving or learning of such information. However, based on contractor's need to know, Mission may authorize access to administratively controlled information for performance of assigned scope of work on a case-by-case basis in accordance with A.I.D. Handbook 6. (b) The Contractor agrees to submit immediately to the Mission Director or Contracting Officer a complete detailed report, marked "Privileged Information", of any information which the Contractor may have concerning existing or threatened espionage, sabotage, or subversive activity against the United States of America or the USAID Mission or the Cooperating Country Government. 12. Contractor-Mission Relationships (Dec 1986) (a) The Contractor acknowledges that this Contract is an important part of the U.S. Foreign Assistance Program and agrees that his/her duties will be carried out in such a manner as to be fully commensurate with the responsibilities which this entails. Favorable relations between the Mission and the Cooperating Government as well as with the people of the cooperating country require that the Contractor shall show respect for the conventions, customs, and institutions of the cooperating country and not become involved in any illegal political activities. (b) If the Contractor's conduct is not in accordance with paragraph (a), the Contract may be terminated pursuant to the General Provision of this contract, entitled "Termination." (c) The Mission Director is the chief representative of AID in the cooperating country. In this capacity, he/she is responsible for the total AID Program in the cooperating country including certain administrative responsibilities set forth in this Contract and for advising AID regarding the performance of the work under the Contract and its effect on the U.S. Foreign Assistance Program. The Contractor will be responsible for performing his/her duties in accordance with the statement of duties called for by the Contract. However, he/she shall be under the general policy guidance of the Mission Director and shall keep the Mission Director or his/her designated representative currently informed of the progress of the work under this Contract. 13. Termination (Apr 1984) 【FAR 52.249-12] The Government may terminate this contract at any time upon at least 15 days' written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least 15 days' written notice to the Contracting Officer. 14. Disputes (Apr 1984) [FAR 52.233–1 (This clause is drawn directly from the FAR. We recognize that paragraphs (3)(ii) (A) and (B) are not applicable to personal services contracts.) (a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601613) (the Act). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to his/her contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. exceeding (2) For Contractor claims $50,000, the Contractor shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and belief; and (iii) The amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable. (3)(i) If the Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Contractor's plant or location involved; or (B) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6month period as fixed by the Treasury Secretary during the pendency of the claim. (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the Contract, and comply with any decision of the Contracting Officer. 15. Release of Information (Dec 1986) All rights in data and reports shall become the property of the U.S. Government. All information gathered under this Contract by the Contractor and all reports and recommendations hereunder shall be treated as privileged information by the Contractor and shall not, without the prior written approval of the Contracting Officer, be made available to any person, party, or government, other than AID, except as otherwise expressly provided in this Contract. 16. Officials Not to Benefit (Dec 1986) No member of or delegate to the Congress of the United States or United States resident commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom. 17. Covenant Against Contingent Fees (Apr 1984) [FAR 52.203-5] The Contractor warrants that no person or selling agency has been employed or retained to solicit or obtain this Contract upon an agreement or understanding for a contingent fee, except a bona fide employee/agency. For breach or violation of this warranty, AID shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor |