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holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

“Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

7. Allowances.

8. Social Security and Cooperating Country Taxes.

9. Advance of Dollar Funds. 10. Insurance. 11. Travel and Transportation Expenses. 12. Payment.

13. Conversion of U.S. Dollars to Local Currency.

14. Post of Assigninent Privileges.
15. No Access to Classified Information.
16. Contractor-Mission Relationships.
17. Termination.
18. Disputes.
19. Release of Information.
20. Officials Not to Benefit.
21. Covenant Against Contingent Fees.
22. Notices.

18. Notices (Dec 1986) Any notice, given by any of the parties hereunder, shall be sufficient only if in writing and delivered in person or sent by telegraph, telegram, registered, or regular mail as follows:

TO AID: To the Mission Director of the mission in the Cooperating Country with a copy to the appropriate Contracting Officer.

To the Contractor:

At his/her post of duty while in the Cooperating Country and at the Contractor's address shown on the Cover Page of this contract or to such other address as either of such parties shall designate by notice given as herein required.

Notices hereunder shall be effective when delivered in accordance with this clause or on the effective date of the notice, whichever is later.

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 give 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. Identification of the Supervising Officer (by name or title).

D. Orientation or training to be provided by USAID.)

Section 12 Third Country National PSC Contract No.

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

Article 11Period of Service Within

days after written notice from the Contracting Officer that all clearances, including the doctor's certificate required 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 where he/she 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.)

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.

Article III-Contractor's Compensation and

Reimbursement A. Except as U.S. Dollar reimbursement may be specifically authorized by the General Provisions or by the Mission Director or Contracting Officer, AID shall pay the contractor compensation after it has accrued and reimburse him/her in currency consistent with the prevailing practice at post for necessary and reasonable costs actually in. curred by him/her in the performance of

this contract within the categories listed in paragraph C, below, and subject to the conditions and limitations applicable there to as set out herein and in the attached General Provisions (GP) (or Additional General Provisions (AGP) if applicable).

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, AGP Clause No. 4), (2) days for authorized travel (GP Clause 11(b), AGP Clause No. 6), 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

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 per year under the contract.

D. Allowable Costs:

1. Compensation at the rate of LC per (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 LC

per (day) (hour). LC

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

3. Allowances in Cooperating Country (Ref. GP Clause 7 and AGP Clause 5.) LC

4. Travel and Transportation (Ref. GP Clause 11 and AGP Clause 6.) (Includes the value of GTRS furnished by the Government, not payable to Contractor).

Subtotals Item 5.........

LC__

6. Other Direct Costs.

a. Precontract Costs,

passport, visa, inocula-
tions, etc. (Ref. GP
Clause 3 and AGP

Clause 3).
b. Physical Examination

(Ref. GP Clause 3 and

AGP Clause 3.)
C. Communications, Mis-
cellaneous

Subtotal Item 6
Total Estimated Costs

(Lines 1 thru 6)..................

LC__

E. Maximum U.S. Dollar and Local Currency Obligation:

In no event shall the maximum U.S. dollar obligation under this contract exceed

nor shall the maximum local cur. rency obligation exceed LC -. Contractor shall keep a close account of all obligations he/she incurs and accrues hereunder and promptly notify the Contracting Officer whenever in his/her opinion the said maximum is not sufficient to cover all compensation and costs reimbursable which he/ she anticipates under the contract.

Article IV-Costs Reimbursable and Logistic

Support A. General:

The contractor shall be provided with or reimbursed in local currency (. ) for the following: [Complete]

B. Method of Payment of Local Currency Costs:

Those contract costs which are specified as local currency costs in paragraph A, above, if not furnished in kind by the cooperating government or the Mission, shall be paid to the contractor in a manner adapted to the local situation, based on vouchers submitted in accordance with General Provisions Clause 10. The documentation for such costs shall be on such forms and in such manner as the Mission Director shall preso be.

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.)

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Article V-Precontract Expenses No expense incurred before execution 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 ito this contract.

Article VIAdditional Clauses (Additional Schedule clauses may be added, such as the implementation of General Provisions or Additional General Provi. sions clauses.)

Section 13. General ProvisionsContract

With a Third Country National for Personal Services

To be used on tours of duty of less than 1 year. For tours of duty of 1 year or more these “General Provisions" will be supplemented by “Additional General Provisions" (see Section 14).

provided in this contract, the authorized representative of a Contracting Officer acting within authorized limits.

(d) “Contractor" means the individual engaged to serve in the cooperating country under this Contract.

(e) “Cooperating country" means the foreign country in or for which services are to be rendered hereunder.

(f) Cooperating government” means the government of the cooperating country.

(g) "Economy class" air travel (also known as jet-economy, air coach, tourist-class, etc.) means a class of air travel which is less than business or first class.

(h) “Government" means the United States Government.

(i) “Local currency" means the currency of the cooperating country.

(j) “Mission" means the United States AID Mission to, or principal AID office in, the cooperating country.

(k) “Mission Director" means the principal officer in the Mission in the cooperating country, or that person's officially-designated deputy.

(1) "Tour of duty” means the Contractor's period of service under this Contract and shall include authorized leave and international travel.

(m) "Traveler” means the Contractor in authorized travel status.

(n) “Supervising Officer" means the AID official to whom the Contractor reports, and who is responsible for monitoring the Contractor's performance.

Index of Clauses 1. Definitions.

2. Compliance with Applicable Laws and Regulations.

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

8. Social Security and Cooperating Country Taxes.

9. Advance of Dollar Funds. 10. Insurance. 11. Travel and Transportation Expenses. 12. Payment.

13. Conversion of U.S. Dollars to Local Currency.

14. Post of Assignment Privileges.
15. No Access to Classified Information.
16. Contractor-Mission Relationships.
17. Termination.
18. Disputes.
19. Release of Information.
20. Officials Not to Benefit.
21. Covenant Against Contingent Fees.
22. Notices.

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) Purchase or Sale of Personal Property or Automobiles.

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 Contractor shall be subject to the same limitations and prohibitions which apply to Mission U.S.-citizen direct-hire employees.

(c) Code of Conduct.

The Contractor shall, during the tour of duty under this Contract, be considered an "employee" (or if the 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 AID Handbook 24, Chapter 2. By accepting this contract, the Contractor acknowledges receipt of a copy of said provisions.

1. Definitions (Dec 1986) (a) “Administrator” means the Administrator or the Deputy Administrator of the Agency for International Development.

(b) “AID” means the Agency for International Development.

(c) “Contracting Officer" means the person executing this Contract on behalf of the U.S. Government, or a properly designated successor to the Contracting Officer; and the term includes, except as otherwise

7. Allowances (Dec 1986) Allowances will be granted to the Contractor on the same basis as to direct-hire TCN employees at the post under the Post Compensation Plan. The allowances provided shall be paid to the Contractor in the currency of the cooperating country or in accordance with the practice prevailing at the Mission.

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, or not to exceed $100 if not done locally.

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 office if the Contractor is arrested or charged with any offense during the term of this contract.

8. 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 of the cooperating country or any agreement concerning such withholding entered into between the cooperating government and the United States government.

9. Advance of Dollar Funds (Dec 1986) If requested by the Contractor and authorized in writing by the Contracting Officer, AID will arrange for an advance of funds to defray the initial cost of travel, travel allowances, authorized precontract expenses, and shipment of personal property. The advance shall be granted on the same basis as to an AID U.S.-citizen directhire employee in accordance with AID Handbook 22, Chapter 4.

5. Workweek (Dec 1986) The Contractor's 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 the Contract is for less than full time (40 hours weekly), the leave earned shall be prorated.

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 but 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 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) Holidays.

The contractor shall be entitled to all holidays granted by the Mission to direct hire cooperating country national employ. ees who are on comparable assignments.

10. Insurance (Dec 1986) (a) Worker's Compensation Benefits.

The Contractor shall be provided worker's compensation benefits under the Federal Employees Compensation Act.

(b) Health and Life Insurance.

The Contractor shall be provided personal health and life insurance benefits on the same basis as they are granted to direct-hire TCN employees at the post under the Post Compensation Plan.

(c) Insurance on Private AutomobilesContractor Responsibility.

If the Contractor or dependents transport, or cause to be transported, any privately owned automobile(s) to the cooperating country, or any of them purchase an automobile within the cooperating country, the Contractor agrees to insure that all such automobile(s) during such ownership within the cooperating country will be covered by a paid-up insurance policy issued by a reliable company providing the following minimum coverages, or such other minimum coverages as may be set by the Mission Director, payable in U.S. dollars or its equivalent in the currency of the cooperating country: injury to persons, $10,000/ $20,000; property damage, $5,000. The Contractor further agrees to deliver, or cause to be delivered to the Mission Director, the insurance policies required by this clause or satisfactory proof of the existence thereof, before such automobile(s) is operated within the cooperating country. The premium costs for such insurance shall not be a reimbursable cost under this Contract.

(d) Claims for Private Personal Property Losses. The Contractor shall be reimbursed for private personal property losses in accordance with AID Handbook 23, “Overseas Support”, Chapter 10.

11. Travel and Transportation Expenses

(October 1987) (a) General.

The executive or administrative officer at the Mission may furnish Transportacion Requests (TR's) 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 Government issued TR, the Contractor shall procure the transportation and the costs will be reimbursed in accordance with the following:

(b) Travel and Transportation.

(1) Notwithstanding other provisions of this Clause 11, 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 will 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.

(2) Country of Recruitment Travel and Transportation,

The Contractor shall 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 shall 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 (b)(6) below, unless economy air travel is not available and the Contractor certifies to this in the voucher or other documents submitted for reimbursement.

(3) International Travel.

(i) The Contractor shall be reimbursed for actual transportation 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 travel from the place of residence), to post of duty in the cooperating country and return to place of residence in the country of recruitment (or other loca

tion, provided that the cost of such travel does not exceed the cost of travel from the post of duty to the place of residence) upon completion of the contract. Such transportation costs shall not be reimbursed in an amount greater than economy-class commercial-scheduled air travel by the most expeditious route, except as otherwise provided in paragraph (b)(6) below and unless economy air travel is not available and the Contractor certifies to the facts in the voucher or other documents submitted for reimbursement. When travel to or from the cooperating country is by economy-class accommodations, the Contractor will be reimbursed for the costs of transporting up to 22 pounds gross weight of accompanied personal baggage 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 shall be at the rate of $6 per day for not more than the travel time required by scheduled economy-class commercial air carrier using the most expeditious route and computed in accordance with AID Handbook 22, as from time to time amended. One stopover of 24 hours is allowable when the Contractor uses economy-class accommodations for a trip of 14 hours or more of scheduled duration. Such stopover shall not be authorized when travel is by indirect route for the convenience of the Contractor. Per diem during authorized stopover shall be paid in accordance with AID Handbook 22, as from time to time amended.

(ii) Unaccompanied Baggage.

Except as provided in the Schedule or approved by the Contracting Officer, the Contractor who is on a tour of duty of 90 days or more under this Contract shall be reimbursed for the cost of unaccompanied personal effects not to exceed 400 pounds gross weight, 100 pounds gross weight of which may be shipped via airfreight and the balance by surface carrier from place of residence in the country of recruitment (or other location, provided that the cost of such shipment does not exceed the cost of shipment from the place of residence) to 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 shipment does not exceed the cost of shipment from the post of duty to the place of residence) upon completion of the contract.

(iii) Local Travel.

The Contractor shall be reimbursed 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 in currency

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