« PreviousContinue »
cases shall make a thorough investigation of all facts and issues relevant to each case. Facts and evidence shall be obtained from contractor and Government personnel, and shall include signed statements of material facts within the knowledge of the individuals where documentary evidence is lacking, and audits where considered necessary to establish financial or cost facts. The investigation shall establish both the facts essential to meeting the standards for deciding the particular case and the essential facts as to who has authority to approve the request. (49 FR 13257, Apr. 3, 1984, as amended at 50 FR 503C3, Dec. 10, 1985)
mended with respect to cases falling within section 4 of the Executive Order, the opinion of the signer that such action is necessary to protect the foreign policy interest of the United States; and
(f) The action memorandum shall enclose copies of the contracting offi. cer's findings and recommendations, the evidentiary materials, all other reports and comments of cognizant Government or other officials, and a copy of the contractor's request with a cover sheet providing the following summary information related to the request.
(1) Date of request;
(5) Name, address, and phone number of contractor's representative;
(6) Name, office symbol, and phone number of cognizant contracting officer;
(7) Amount of request. (49 FR 13257, Apr. 3, 1984, as amended at 50 FR 50303, Dec. 10, 1985)
750.7110-2 Intra-agency coordination.
Prior to the submission of a case to the approving authority recommending extraordinary contractual relief, the claim will be fully developed by the Planning, Policy and Evaluation Staff (M/SER/PPE) and concurrences or comments obtained from the Office of General Counsel for the proposed relief to be granted. Such concurrences or comments shall be incorporataed in or accompany the action memorandum submited for consideration to the approving authority in accordance with 750.7110-3. (49 FR 13257, Apr. 3, 1984, as amended at 50 FR 50303, Dec. 10, 1985; 52 FR 38097, Oct. 14, 1987)
750.7110-3 Submission of cases to the ap
proving authority. Cases to be submitted for consideration shall be forwarded by means of an action memorandum signed by the Director, Planning, Policy and Evaluation Staff (M/SER/PPE). The action memorandum shall state:
(a) The nature of the case;
(b) The basis for authority to act under 750.7101; (c) The findings of fact essential to
(see 750.7109-3) arranged chronologically with cross references to supporting enclosures;
(d) The conclusions drawn from applying the standards for deciding cases, as set forth in 750.7106, to the findings of fact;
(e) The disposition recommended, and, if contractual action is recom
750.7110-4 Processing by approving au
thority. In each case, the approving authority, whether approving or denying the request, shall sign a decision which shall be dated and shall contain the following:
(a) The name and address of the contractor, the contract identification, and the nature of the request;
(b) The decision reached and the actual cost or estimated potential cost, if any, of the settlement;
(c) A concise description of the property or services involved;
(d) A statement of the circumstances justifying the decision; and
(e) If some adjustment action is approved with respect to cases falling within section 4 of the Executive Order, a statement in substantially the following form: I find that the action authorized herein is necessary to protect the foreign policy interests of the United States.
The following shall be retained in Agency files as a record of each action
department or agency, AID should maintain liaison with other departments and agencies of the Government and take such joint action as may be proper under the circumstances, including holding joint meetings.
(b) Cases involving funds of other departments or agencies. Requests for adjustment within any category, involving the funds of another department or agency, shall not be approved by AID until advice is requested and received from the department agency whose funds are involved.
processed in accordance with this subpart:
(a) The decision required in 750.7110-4;
(b) The action memorandum and all enclosures as required in 750.7110-3; and
(c) A copy of the contractual document implementing any approved contractual action.
750.7110–6 Inter-agency coordination.
(a) General. Where a case involves matters of interest to more than one
SUBCHAPTER H-CLAUSES AND FORMS
PART 752-SOLICITATION PROVI
SIONS AND CONTRACT CLAUSES
Subpart 752.2—Texts of Provisions and
Sec. 752.200 Scope of subpart. 752.202-1 Definitions. 752.203-1 Officials not to benefit. 752.204-2 Security requirements. 752.209-70 Requirement for past perform
ance references. 752.219-8 Utilization of small business con
cerns and small disadvantaged business
concerns. 752.225-9 Buy American Act-Trade Agree
ments Act-Balance of Payments Pro
gram. 752.228-3 Worker's compensation insur
ance (Defense Base Act). 752.228-7 Insurance-liability to third per
sons 752.228-9 Cargo insurance. 752.229-70 Federal, state and local taxes. 752.232-7 Payments under time-and-mate
rials and labor-hour contracts. 752.232–70 Letter of credit advance pay
ment. 752.245-70 Government property-AID re
porting requirements. 752.245–71 Title to and care of property.
Sec. 752.7018 Health and accident coverage for
AID participant trainees. 752.7019 Participant training. 752.7020 Organizational conflicts of inter
est. 752.7021 Changes in tuition and fees. 752.7022 Conflicts between contract and
catalog. 752.7023 Required visa form for AID par
ticipants. 752.7024 Withdrawal of students. 752.7025 Approvals. 752.7026 Reports. 752.7027 Personnel. 752.7028 Differential and allowances. 752.7029 Post privileges. 752.7030 Inspection trips by contractor's
officers and executives. 752.7031 Leave and holidays.
Subpart 752.3–70—AID Clause Matrices,
AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435.
SOURCE: 49 FR 13259, Apr. 3, 1984, unless otherwise noted.
Subpart 752.70—Texts of AID Contract Clauses
Subpart 752.2- Texts of Provisions
752.200 Scope of subpart.
None of the clauses specified in this subpart are for use in AID personal services contract. For personal services contract clauses, see AIDAR Appendix D–Direct AID Contracts with U.S. Citizens or U.S. Residents for Personal Services Abroad.
(49 FR 13259, Apr. 3, 1984, as amended at 51 FR 11450, Apr. 3, 1986; 51 FR 12706, Apr. 15, 1986)
(a) As prescribed in 702.270 and in FAR Subpart 2.2, AID contracts use the Definitions clause in FAR 52.202-1 and its Alternate I, as appropriate, and the following additional definitions.
(b) Alternate 70. For use in all AID contracts. Use in addition to the clause in FAR 52.202-1.
752.7000 Scope of subpart. 752.7001 Biographical data. 752.7002 Travel and transportation. 752.7003 Documentation for payment. 752.7004 Source and nationality require
ments. 752.7005 Language, weights and measures. 752.7006 Notices. 752.7007 Personnel compensation. 752.7008 Use of Government facilities or
personnel. 752.7009 Marking. 752.7010 Conversion of U.S. dollars to local
currency. 752.7011 Orientation and language train
ing. 752.7012 Protection of the individual as a
research subject. 752.7013 Contractor-mission relation
ships. 752.7014 Notice of changes in travel regula
tions. 752.7015 Use of pouch facilities. 752.7016 Family planning and population
assistance activities. 752.7017 Local cost financing with U.S. dol
terms and conditions for enrollment in the Institution, including tuition and fees to be charged. This includes "bulletins," "announcements," or any other similar word the Institution may use.
(b) "Director" shall mean the individual who fills the AII position Director, Office of International Training, or his/her authorized representative acting within the limits of his/her authority. (c) “Fees" shall mean those applicable charges directly related to enrollment in the Institution. This shall not include any permit charge (e.g., parking, vehicle registration), or charges for services of a personal nature (e.g., food, housing, laundry) unless specifically called for in this contract.
(d) “Institution" shall mean the educational institution providing services hereunder. The terms “Institution” and “Contractor” are synonymous.
(e) “Tuition" shall mean the amount of money charged by an institution for instruction, not including fees as described in this section.
(d) Alternate 72. For use in all AID contracts which involve any performance overseas. Use in addition to the clauses in FAR 52.202-1 and in 752.202-1(b) of this chapter.
AID DEFINITIONS CLAUSE–GENERAL SUPPLE
MENT FOR USE IN ALL AID CONTRACTS
(APR. 1984) (a) “AID” shall mean the Agency for International Development.
(b) “Administrator" shall mean the Administrator or the Deputy Administrator of AID.
(c) When this contract is with an educational institution “Campus Coordinator" shall mean the representative of the Contractor at the Contractor's home institution, who shall be responsible for coordinating the activities carried out under the contract.
(d) When this contract is with an educational institution “Campus Personnel” shall mean representatives of the Contractor performing services under the contract at the Contractor's home institution and shall include the Campus Coordinator.
(e) “Consultant" shall mean any especially well qualified person who is engaged, on a temporary or intermittent basis to advise the Contractor and who is not an officer or employee of the Contractor who performs other duties for the Contractor.
(f) “Contractor employee" shall mean an employee of the Contractor assigned to work under this contract.
(g) “Cooperating Country or Countries” shall mean the foreign country or countries in or for which services are to be rendered hereunder.
(h) “Cooperating Government” shall mean the government of the Cooperating Country.
(i) "Economy class” air travel (also known as jet economy, air coach, tourist class, etc.) shall mean a class of air travel which is less than first class.
(j) "Federal Acquisition Regulations (FAR)”, when referred to herein shall include Agency for International Development Acquisition Regulations (AIDAR).
(k) “Government” shall mean the United States Government.
(1) "Mission" shall mean the United States AID Mission to, or principal AID office in, the Cooperating Country.
(m) "Mission Director" shall mean the principal officer in the Mission in the Cooperating Country, or his/her designated representative.
(c) Alternate 71. For use in AID contracts with an educational institution for participant training. Use in addition to the clauses in FAR 52.202-1 and in 752.202-1(b) of this chapter. AID DEFINITIONS CLAUSE_SUPPLEMENT FOR
CONTRACTS WITH AN EDUCATIONAL INSTI-
1984) (a) "Catalog" shall mean any medium by which the Institution publicly announces
AID DEFINITIONS CLAUSE_SUPPLEMENT FOR
AID CONTRACTS INVOLVING PERFORMANCE
OVERSEAS (DEC. 1986) (a) “Contractor's Chief of Party" shall mean the representative of the Contractor in the Cooperating Country who shall be responsible for supervision of the performance of all duties undertaken by the Contractor in the Cooperating Country.
(b) “Cooperating Country National (CCN) employee” means an individual who meets the citizenship requirements of 48 CFR 702.170-5 and is hired while residing outside the United States for work in a cooperating country.
(c) “Dependents” shall mean: (1) Spouse;
(2) Children (including step and adopted children) who are unmarried and under 21 years of age or, regardless of age, are incapable of self support.
(3) Parents (including step and legally adoptive parents), of the employee or of the spouse, when such parents are at least 51 percent dependent on the employee for support; and
(4) Sisters and brothers (including step or adoptive sisters or brothers) of the employee, or of the spouse, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age, or regardless of age, are incapable of self support.
(d) “Local currency" shall mean the currency of the Cooperating Country.
(e) “Regular employee" shall mean a Contractor employee appointed to serve one year or more in the Cooperating Country.
(f)“Short-term employee" shall mean a Contractor employee appointed to serve less than one year in the Cooperating Country.
(g) “Third Country National (TCN) employee" means an individual who meets the citizenship requirements of 48 CFR 702.17015 and is hired while residing outside the United States for work in a Cooperating Country. (49 FR 13259, Apr. 3, 1984, as amended at 52 FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, 1987)
similar/related contracts, grants or cooperative agreements may result in eventual disqualification. The information supplied must include the name and address of the organization for which services were performed; the current telephone number of a responsible technical representative of the organization; the number, if any, of each contract, grant or cooperative agreement; and a brief description of the services provided, including the period during which the services were provided. AID may use this information to contact technical representatives on prior contracts, grants or cooperative agreements to obtain information on performance. The contracting officer will consider such performance data along with other factors specified herein in determining whether the offeror/bidder is to be considered responsible as defined in FAR 9.101. (50 FR 23712, July 5, 1985]
752.203-1 Officials not to benefit.
For contracts involving performance overseas the clause prescribed in FAR 3.102–2 may be modified to specify that it refers to United States officials.
752.219-8 Utilization of small business
concerns and small disadvantaged busi
752.204-2 Security requirements.
Pursuant to the Uniform State/ AID/USIA Regulations (Volume 5, Foreign Affairs Manual, Chapter 900), AID applies the safeguards applicable to “Confidential” information to administratively controlled information designated as “Limited Official Use". Therefore, when the clause in FAR 52.204-2 is used in AID contracts, pursuant to 704.405, paragraph (a) of the clause is revised as follows:
(a) This clause applies to the extent that this contract involves access to classified ('Confidential', 'Secret', or “Top Secret”), or administratively controlled ('Limited Official Use') info mation. (49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33668, Aug. 24, 1984)
The Foreign Assistance Act calls for AID to give small businesses an opportunity to provide supplies and services for foreign assistance projects. To help AID meet this obligation, the following paragraph is to be added to the clause prescribed in FAR 19.7008(a):
AID small business provision. To permit AID, in accordance with the small business provisions of the Foreign Assistance Act, to give small business firms an opportunity to participate in supplying equipment supplies and services financed under this contract, the Contractor shall, to the maximum extent possible, provide the following information to the Office of Small and Disadvantaged Business Utilization (OSDBU), AID, Washington, DC 20523, at least 45 days prior to placing any order in excess of $25,000 except where a shorter time is requested of, and granted by OSDBU:
(1) Brief general description and quantity of commodities or services;
(2) Closing date for receiving quotations or bids; and
(3) Address where invitations or specifications may be obtained." [49 FR 13259, Apr. 3, 1984, as amended at 52 FR 21059, June 4, 1987)
752.209-70 Requirement for past perform
ance references. The following provision shall be included in all solicitations substantially as follows:
REQUIREMENT FOR PAST PERFORMANCE
REFERENCES (Nov. 1982) The offeror/bidder is required to submit, as part of its proposal/bid, the following additional information with respect to all contracts, grants or cooperative agreements involving the provision of similar or related services over the past three years to AID and to other organizations (both commercial and Governmental). Failure to provide complete information regarding previous
752.225-9 Buy American Act-Trade
Agreements Act-Balance of Payments
Program. The clause prescribed by FAR 25.407(a)(2) is not generally included in AID contracts when more stringent source requirements are stated in the