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consistent with the prevailing practice at post 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.
(iv) 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.
(v) 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 pursuant to paragraph (ix)(1) below 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.
(vi) Delays En Route.
The Contractor may be granted reasonable delays en route in travel status, not circuitous in nature, which are caused by events beyond the control of the Contractor. It is understood that if the delay is caused by physical incapacitation the Contractor shall be eligible for such sick leave as is provided under GP Clause No. 6(b) of this Contract.
(vii) Privately Owned Vehicles (POV).
(1) If travel by POV is authorized in the Schedule or approved by the Contracting Officer, the Contractor shall be reimbursed for the cost of travel by privately owned vehicle at the rate per mile equal to the rate authorized a U.S. Government direct hire employee in equivalent circumstances, plus authorized per diem, if the vehicle is being driven in connection with (A) authorized duties under this Contract, or (B) en route to or from the cooperating country provided
that the total cost of the mileage and the per diem to the Contractor shall not exceed the total constructive cost of fare and normal per diem by (1) surface common carrier or (2) less than first-class air, whichever
(2) Costs of the shipment of vehicle for Contract tours of duty of less than 1 year are not reimbursable under this Contract.
(viii) Emergency and Irregular Travel and Transportation.
Actual transportation costs and travel allowances while en route, as provided in this section, shall be reimbursed under the following conditions:
(1) Subject to the prior written approval of the Mission Director, the costs of going from post of duty in the cooperating country to another approved location for the Contractor when, because of reasons or conditions beyond the Contractor's control, the Contractor has not completed the required service in the cooperating country. The Mission Director may also authorize the return to the cooperating country of such Contractor.
(2) It is agreed that paragraph (viii)(1) above includes, but is not necessarily limited to, the following:
1. Need for medical care beyond that available within the areas to which the Contractor is assigned.
2. Serious effect on physical or mental health if residence is continued at assigned post of duty.
3. Serious illness, injury, or death of a member of the Contractor's immediate family.
4. Emergency evacuation, when ordered by the principal U.S. Diplomatic Officer in the cooperating country. Allowances at safe haven when authorized by the Mission Director shall be payable in accordance with established Government Regulations.
5. Preparation and return of the remains of a deceased Contractor.
(ix) 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 Gov
tive who shall provide, in writing, the policy the Contractor shall follow in the conversion of one currency to another currency. This may include, but not be limited to, the conversion of said currency through the cognizant U.S. Disbursing Officer, or Mission Controller, as appropriate.
ernment 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)
14. Post of Assignment Privileges (Dec 1986)
Privileges such as the use of APO, PX's, commissaries and officer's clubs are established at posts abroad pursuant to agreements between the U.S. and host governments. These facilities are intended for and usually limited to U.S. citizen members of the official U.S. mission including the Embassy, USAID, Peace Corps, U.S. Information Service and the Military. Normally, the agreements do not permit these facilities to be made available to non-U.S. citizens if they are under contract to the United States Government. However, in those cases where the facilities are open to TCN contractor personnel, they may be used. 15. 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 adminisiratively 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. 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 prescribed by Mission policy for the type of payment being made.
13. Conversion of Currency (Dec 1986) Upon arrival in the cooperating country, and from time to time as appropriate, the Contractor shall consult with the Mission Director or his/her authorized representa
16. 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 all duties will be carried out in such a manner as to be fully commensurate with the responsibilities which this entails.
(b) While in the cooperating country, the Contractor is expected to show respect for the conventions, customs, and institutions of the cooperating country and not interfere in its political affairs.
(c) If the Contractor's conduct is not in accordance with paragraph (b), the Contract may be terminated pursuant to the General Provision of this contract, entitled "Termination." The Contractor recognizes the right of the U.S. Ambassador to direct the contractor's immediate removal from any country when, in the discretion of the Ambassador, the interests of the United States so require. The contractor's failure to comply will result in forfeiture of the right of reimbursement for return travel.
(d) The Mission Director is the chief representative of AID in the cooperating country. In that capacity, the Director 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 all duties in accordance with the statement of duties called for by the Contract. However, the Contractor shall be under the general policy guidance of the Mission Director and shall keep the Mission Director currently informed of the progress of the work under the Contract.
17. 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.
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.
(2) For Contractor claims exceeding $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 clairns 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 re
18. Disputes (Apr 1984) (FAR 52.233-1
(Alternate 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 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
garding a Government contract on any basis other than the merits of the matter.
lating to the Contract, and comply with any decision of the Contracting Officer.
19. 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.
22. Notices (Dec 1986) Any notice, given by any of the parties hereunder, shall be sufficient only if in writ. ing and delivered in person or sent by telegraph, telegram, registered, or regular mail as follows:
(a) Notice to AID:
To the Mission Director of the mission in the cooperating country with a copy to the appropriate Contracting Officer.
(b) Notice to the Contractor:
At his post of duty while in the cooperating country and at the Contractor's address shown on the Cover Page of this Contract.
Notice may also be given to such other address as either of such parties shall desig. nate by notice given as herein required. Notices hereunder shall be effective in accordarice with this clause or on the effective date of the notice, whichever is later.
20. Officials Not To Benefit (Dec 1986) No member of or delegate to the Congress of the United States or United States resi. dent commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom.
Section 14. Additional General Provisions
Contract With a Third Country National for Personal Services
(To be used with Section 13–General Provisions when the tour of duty will be 1 year or more.)
Table of Contents 1. Definitions (long tour).
2. Compliance with Applicable Laws and Regulations (dependents).
3. Physical Fitness (long tour). 4. Vacation Leave (long tour). 5. Allowances (long tour).
6. Travel and Transportation Expenses (long tour).
21. 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 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 re
1. Definitions (Long Tour) (Dec 1986) (a) “Dependents" means: (1) Spouse
(2) Children (including step anci adopted children) who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support.
(b) "Traveler" also means dependents of the Contractor who are in authorized travel status.
2. Compliance With Applicable Laws and
Regulations (Long Tour) (Dec 1986) (Dependents)
(a) Conformity to Laws and Regulations of the Cooperating Country.
While in the cooperating country, the Contractor agrees to make every effort to assure that authorized dependents shall abide by all applicable laws and regulations of the cooperating country and political subdivisions thereof.
(b) Purchase, Sale, Import, or Export of Personal Property or Automobiles.
To the extent permitted by the cooperating country, the purchase, sale, import, or export of personal property or automobiles by the Contractor's authorized dependents in the cooperating country shall also be subject to the limitations and prohibitions which apply to U.S. national direct-hire employee dependents.
3. Physical Fitness (October 1987) (a) Predeparture.
The contractor's authorized dependents shall also be required to be examined by a licensed doctor of medicine. The contractor shall require the doctor to certify that in the doctor's opinion, the contractor's authorized dependents are physically qualified to reside in the cooperating country. A copy of the certificate shall be provided to the contracting officer prior to the dependent's departure for the cooperating country.
(b) End of Tour.
The contractor and his/her authorized dependents are authorized physical examinations within 60 days after completion of the contractor's tour of duty.
The contractor shall be reimbursed for the cost of the physical examinations mentioned in paragraphs (a) and (b) above as follows: (1) Based on those rates prevailing locally for such examinations in accordance with Mission practice or (2) if not done locally, not to exceed $100 per examination for the contractor's dependents of 12 years of age and over and not to exceed $40 per examination for contractor's dependents under 12 years of age. The contractor shall also be reimbursed for the cost of all immunizations normally authorized and extended to FSN employees. 4. Vacation Leave (Long Tour) (Dec 1986)
With the approval of the Mission Director, and if the circumstances warrant, a Contractor may be granted advance vacation leave in excess of that earned but in no case shall a Contractor be granted advance vacation leave in excess of that which will be earned over the life of the Contract. The Contractor agrees to reimburse AID for leave used in excess of the amount earned during the Contractor's assignment under the Contract.
6. Travel and Transportation Expenses
(Long Tour) (Dec 1986) (a) General.
Pursuant to paragraph (a) of Clause 11 of the General Provisions, when transportation is not provided by Government-issued TR for the items listed below, the Contractor shall procure the transportation and the cost will be reimbursed in accordance with the following:
(1) International Travel.
(i) International travel costs and allowances and stopovers for authorized dependents shall be reimbursed on the same basis as for the Contractor under General Provision Clause No. 11(b)(2)(i) of this Contract except that travel allowances for such dependents shall be at the rate of $6 per day for persons 11 years of age or over and $3 per day for persons under 11 years of age payable 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.
(ii) 1. All international ocean transportation of things which is to be reimbursed in U.S. dollars as authorized under this Contract shall be by U.S.-flag vessels to the extent they are available. When U.S.-flag vessels are not available, or their use would result in a significant delay, the Contractor may request a release from this requirement from the M/SER/OP/TRANS, Transportation Support Division, Agency for International Development, Washington, DC 20523, giving the basis for the request.
2. All international air transportation of dependents shall be in accordance with paragraph (b)(ix) of Clause 11 of the General Provisions, entitled "Preference for U.S. Flag Air Carriers."
(b) Limitation on Travel by Dependents.
Travel costs and allowances will be allowed for authorized dependents of the Contractor and such costs shall be reimbursed for travel from place of abode in the country of recruitment to the assigned station in the cooperating country and return, only if the dependent remains in the cooperating country for at least 9 months or one-half of the required tour of duty of the Contractor, whichever is greater, except as otherwise authorized hereunder for education, medical, or emergency visitation travel.
Dependents of the Contractor must return to the country of recruitment or home country within thirty days of the termination or completion of the Contractor's employment, otherwise such travel will not be reimbursed under this contract.
(c) Delays En Route.
Dependents may be granted reasonable delays en route, not circuitous in nature,
5. Allowances (Long Tour) (Dec 1986) Allowances shall be granted to the Contractor and authorized dependents to the same extent, and on the same basis as, they are granted to direct-hire TCN employees and their dependents 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.