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(e) Mandatory use of form IAP 66A, “Cer: tificate for Exchange Visitor (J-1) Status." The Contractor shall insure that any foreign students brought to the United States for training under this contract use from IAP 36A to obtain a visa.
752.7020 Organizational conflicts of inter
est. For use in all AID contracts.
and observation to participants in the United States or other approved location:
(1) Customary tuition and fees of the institution in which the training takes place, as published in catalogs and announcements.
(2) Typing of papers and allowances for required textbooks, the titles of which will be approved by the Contractor.
(3) Travel within the United States or other countries (other than the country of the participant), as approved by the Contractor, including the cost of travel from port of entry into the United States to Contractor's campus and from the Contractor's campus to port of embarkation from the United States.
(4) Subsistence while in the United States or in third countries not to exceed maximum AID rates established in the applicable AID Handbook, furnished to the Contractor, as from time to time amended.
(5) Other direct costs authorized in the operational plan or otherwise determined by the Contracting Officer to be allowable in accordance with the general provisions clause of this contract entitled "Allowable Cost and Payment".
(b)(1) Health and accident coverage for foreign country nationals is governed by the clause of this contract entitled “Health and Accident Coverage for AID Participant Trainees."
(2) The Contractor shall prepare and submit to the Office of International Training three copies of Form AID 1381-4, “Participant Data Form" on the last day of each month.
(c) For participants assigned to the Contractor for whom specifically designed courses not otherwise covered in paragraph (a)(1) of this clause are authorized, the Contractor shall be paid the following in lieu of the costs authorized in paragraph (a)(1) of this clause.
(1) For not exceeding 20 instructional days (days on which such courses are scheduled to meet and are actually conducted):
(i) One participant: $150 for the first day, and $50 per day for each additional day, up to 19 days.
(ii) Groups up to and including 10 participants: for the first day, $150 for the first participant, and $50 for each additional participant. For each additional day, up to 19 days, $50 for each participant.
(2) For more than 20 instructional days, or more than 10 participants: The Contractor shall submit a proposal including supporting costs and pricing data to the Contracting Officer for approval.
(d) The Contractor shall prepare and submit to the Office of International Training a nonobligating Project Implementation Order/Participant, AID Form 1380-1, on all participants training under this contract, either in the United States or third country.
ORGANIZATIONAL CONFLICTS OF INTEREST
(MAR. 1985) (a) The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest.
(1) The term “organizational conflict of interest” means that a relationship exists whereby an offeror or a contractor (including chief executives, directors, proposed consultants or subcontractors) has interests which (i) may diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product or, (ii) may result in an unfair competitive advantage. It does not include the "normal flow of benefits". from the performance of a contract.
(2) The term "Contractor” means any person, firm, unincorporated association, joint venture, partnership, corporation or affiliate thereof, which is a party to a contract with the United States of America. As used in this definition, the term “affiliate" has the same meaning as provided in FAR 9.403.
(b) The Contractor agrees that, if after award it discovers an organizational conflict of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.
(c) The Contractor agrees further that if the award follows a sealed bidding solicitation and a conflict of interest was identified prior to award, it will adequately avoid, eliminate or neutralize the conflict in a manner satisfactory to the Contracting Officer.
(d) In the event that the Contractor was aware of an organizational conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.
(49 FR 13259, Apr. 3, 1984, as amended at 50 FR 16088, Apr. 24, 1985)
752.7024 Withdrawal of students.
For use in contracts for participant training with an educational institution.
752.7021 Changes in tuition and fees.
For use in contracts for participant training with an educational institution.
CHANGES IN TUITION AND FEES (APR. 1984)
While educational programs for participants will be established utilizing the Contractor's currently applicable tuition and fee schedule, the parties understand that such standard tuition and fees may be subject to change during the course of the program. If such event results in an increase in the cost of the program, AID agrees to pay such increased standard tuition and fees in the next applicable academic term as a condition for the continuation of the program. If such change results in a decrease in the cost of the program, the Contractor agrees to charge to AID only the amount of such revised standard tuition and fees in the next applicable academic term. The Contractor shall undertake to keep AID currently advised as to changes in its standard tuition and fees. At such time as increases in the amounts of tuition and fees results in there being inadequate funds remaining in this contract to meet the costs of the next academic term, the Contractor will so advise AID. AID may then provide such additional funds as required to complete the program.
WITHDRAWAL OF STUDENTS (APR. 1984) (a) The Government may, at its option and at any time, withdraw any student.
(b) The Contractor may request withdrawal by the Government of any student for academic or disciplinary reasons.
(c) If such withdrawal occurs prior to the end of a term, the Government shall pay any tuition and fees due for the current term in which the student may be enrolled, and the Contractor shall credit the Government with any charges eligible for refund under the Contractor's standard procedures for civilian students in effect on the effective date of such withdrawal.
(d) Withdrawal of students by the Gov. ernment shall not be the basis for any special charge or claim by the Contractor other than as provided by the Contractor's standard procedures.
For use in all AID contracts.
752.7022 Conflicts between contract and
catalog. For use in contracts for participant training with an educational institution.
APPROVALS (APR. 1984) All approvals required to be given under the contract by the Contracting Officer or the Mission Director shall be in writing and, except when extraordinary circumstances make it impracticable, shall be requested by the Contractor sufficiently in advance of the contemplated action to permit approval, disapproval or other disposition prior to that action. If, because of existing conditions, it is impossible to obtain prior written approval, the approving official may, at his discretion, ratify the action after the fact.
CONFLICTS BETWEEN CONTRACT AND CATALOG
(APR. 1984) In the event of any inconsistency between the provisions of this contract and any catalog, or other document incorporated in this contract by reference or otherwise or any of the Contractor's rules and regulations, the provisions of this contract shall govern.
(a) Alternate 70. For use in all A.I.D.direct contracts for technical services except fixed-price contracts; for fixedprice contracts for technical services see paragraph (b), Alternate 71, of this section.
752.7023 Required visa form for AID par
ticipants. For use in any AID direct contract which involves training of AID participants. REQUIRED VISA FORM FOR AID PARTICIPANTS
(APR. 1984) The Contractor shall insure that any foreign student brought to the United States for training under this contract uses visa form IAP 66A “Certificate for Exchange Visitor (J-1) Status".
REPORTS (JUNE 1987) (a) Unless otherwise provided in the schedule of this contract, the contractor shall prepare and submit to the contracting officer 3 copies, to PPC/CDIE/DI, ACQUI. SITIONS 2 copies (see paragraph (d)], and to the Mission 4 copies, of a semi-annual report, within 45 days following the end of the period being covered, which shall include the following:
(1) A substantive report covering the status of the work under the contract, indi
cating progress made with respect thereto, 752.7027 Personnel. setting forth plans for the ensuing period,
(a) Alternate 70. For use in AID including recommendations covering the current needs in the fields of activity cov
fixed-price contracts involving perered under the terms of this contract.
formance overseas. (2) An administrative report covering ex
PERSONNEL (APR. 1984) penditures, foreign country national trainees, and personnel employed under the con- (a) Cooperating country clearance. The tract.
Contractor shall not send any individual (b) Contractor shall prepare and submit to
outside the United States to perform work
under the contract without first obtaining the contracting officer and to PPC/CDIE/
written notification from the Contracting DI, ACQUISITIONS (see paragraph (d)]
Officer of country clearance for the employ. such other reports as may be specified in
ee. the schedule.
(b) Individuals engaged or assigned when (c) Unless otherwise provided in the
outside the United States. No individual schedule of this contract, at the conclusion
shall be engaged or assigned when outside of the work hereunder, the contractor shall
the United States to perform work outside prepare and submit to the contracting offi
the United States unless authorized in the cer 3 copies; to PPC/CDIE/DI, ACQUISI- Schedule or otherwise approved by the ConTIONS 2 copies (see paragraph (d)], and to tracting Officer or Mission Director. the Mission 4 copies, of a final report which (c) Physical fitness of employees. Contracsummarizes the accomplishments of the as- tor shall exercise reasonable precautions in signment, methods of work used and recom- assigning employees for work under this mendations regarding unfinished work and/ contract in the Cooperating Country to or program continuations. The final report assure that such employees are physically shall be submitted within 60 days after com- fit for work and residence in the Cooperatpletion of the work hereunder unless the re- ing Country. In carrying out this responsiquired date of submission is extended by the bility Contractor shall require all such emcontracting officer.
ployees (other than those hired in the Co(d) Contractor shall submit 2 copies of
operating Country) to be examined by a li
censed doctor of medicine. Contractor shall each report required by paragraphs (a)(1), (b), and (c) of this clause or of any other re
require the doctor to certify that, in the ports required by the schedule of this con
doctor's opinion, the employee is physically
qualified to engage in the type of activity tract to the Bureau for Program and Policy
for which he/she is employed and the emCoordination, Center for Development In
ployee is physically qualified to reside in formation and Evaluation, Development In
the country to which he is assigned for formation Division (PPC/CDIE/DI). All
duty. The employee's medical certification documents should be mailed to: PPC/CDIE/
shall be retained by the Contractor and DI, ACQUISITIONS, Room 209, SA-18, made available to AID if so required. Agency for International Development, (d) Conformity to laws and regulations of Washington, DC 20523.
Cooperating Country. Contractor agrees to The title page of all reports forwarded to use its best efforts to assure that its personPPC/CDIE/DI pursuant to this paragraph
nel, while in the Cooperating Country, will (d) shall include a descriptive title, the au
abide by all applicable laws and regulations thor's name(s), contract number, project
of the Cooperating Country and political number and title, contractor's name, name
subdivisions thereof. of the A.I.D. project office, and the publica
(e) Sale of personal property or automotion or issuance date of the report.
biles. To the extent permitted by Cooperat
ing Country laws, the importation and sale (e) When preparing reports, the contrac
of personal property or automobiles by Contor shall refrain from using elaborate art
tractor employees and their dependents in work, multicolor printing and expensive
the Cooperating Country shall be subject to paper/binding, unless it is specifically au
the same limitations and prohibitions which thorized in the Contract Schedule. Wherev
apply to U.S. nationals employed by the er possible, pages should be printed on both Mission. This provision does not apply to sides using single spaced type.
employees or consultants who are citizens or (b) Alternate 71. For use in fixed
legal residents of the Cooperating Country.
(f) Conflict of Interest. Other than work price contracts for technical services,
to be performed under this contract for use the clause in Alternate 70, less
which an employee or consultant is assigned paragraph (a)(2).
by the Contractor, no such employee or con
sultant of the Contractor, shall engage, di(52 FR 38098, Oct. 14, 1987, as amended at
rectly or indirectly, either in his/her own 54 FR 16123, Apr. 21, 1989; 54 FR 37334, Sept.
name or in the name or through the agency 8, 1989)
of another person, in any business, profession or occupation in the Cooperating Country or other foreign countries to which he/ she is assigned, nor shall he make loans or investments to or in any business, profession or occupation in the Cooperating Country or other foreign countries in which he/ she is assigned. This provision does not apply to employees or consultants who are citizens or legal residents of the Cooperating Country.
(g) Right to recall. On the written request of the Contracting Officer or of a cognizant Mission Director, the Contractor will terminate the assignment of any individual to any work under the contract and, as requested, will use its best efforts to cause the return to the United States of the individual from overseas or his/her departure from a foreign country or a particular foreign locale. Termination of each employee and placement of a substitute employee shall be at no cost to AID.
(b) Alternate 71. For use in AID cost reimbursement contracts involving performance overseas.
PERSONNEL (APR. 1984) (a) Clearance.
(1) Individuals Engaged or Assigned Within the United States.
The Contractor will obtain written notification from the Contracting Officer of Cooperating Country clearance of any employee sent outside the United States to perform duties under this contract.
(2) Individuals Engaged or Assigned When Outside the United States. No individual shall be engaged or assigned when outside the United States to perform work outside the United States under this contract unless authorized in the schedule or otherwise approved by the Contracting Officer or Mission Director. However, when services are performed in the Cooperating Country on a casual or irregular basis or in an emergency, exception to this provision can be made in accordance with instructions or regulations established by the Mission Director.
(b) Duration of Appointments.
(1) Regular employees will normally be appointed for a minimum of 2 years which period includes orientation (less language training) in the United States and authorized international travel under the contract except:
(i) An appointment may be made for less than 2 years if the contract has less than 2 years but more than 1 year to run; provided, that if the contract is extended the appointee shall also be extended to the full 2 years. This provision shall be reflected in the employment agreement prior to employment under this contract.
(ii) When a 2-year appointment is not required, appointment may be made for less
than 2 years but in no event less than 1 year.
(iii) When the normal tour of duty established for AID personnel at a particular post is less than 2 years, then a normal appointment under this contract may be of the same duration; or
(iv) When the Contractor is unable to make appointments of regular employees for a full 2 years, the Contractor may make appointments of less than 2 but not less than 1 year, provided that such appointment is approved by the Contracting Officer.
(2) Services required for less than 1 year will be considered short-term appointments and the employee will be considered a shortterm employee.
(c) Employment of Dependents. If any person who is employed for services in the Cooperating Country under this contract is either (1) a dependent of an employee of the Government working in the Cooperating Country, or (2) a dependent of a Contractor employee working under a contract with the Government in the Cooperating Country, such person shall continue to hold the status of a dependent and be entitled and subject to the contract provisions which apply to dependents except as they apply to employees. He or she shall be entitled to salary for the time services are actually performed in the cooperating country, and differential and allowances as established by the Standardized Regulations (Government Civilians, Foreign Areas).
(d) Physical Fitness of Employees and Dependents.
(1) Predeparture. For all employees (other than those hired in the Cooperating Country) and their authorized dependents, it shall be certified by a licensed doctor of medicine that in his/her opinion the employee is physically qualified to engage in the type of activity for which he/she is to be employed and that he/she and his/her dependents are physically able to reside in the country to which he/she is assigned. If the Contractor has no such medical certificate on file prior to the departure for the cooperating country of any employee or authorized dependent and such employee is unable to perform the type of activity for which he is employed and complete his tour of duty because of any physical disability (other than physical disability arising from an accident while employed under this contract) or such authorized dependent is unable to reside in the cooperating country for at least 9 months or one-half of the period, whichever is greater, of the related employee's initial tour of duty because of any physical disability (other than physical disability arising from an accident while a dependent under this contract), the contractor shall not be reimbursed for the return Comptroller General" and "Audit” clauses of this contract).
transportation of the physically disabled employee or dependent required to return because of such disability.
(2) End of tour. The contractor is authorized to provide its regular employees and dependents with physical examinations within 60 days after completion of their regular tours of duty.
(3) The Contractor is encouraged to establish its own policy of pre- and post-tour medical examinations. As a contribution, AID shall reimburse the Contractor for physical examinations authorized in paragraphs (d) (1) and (2) of this clause as follows:
(i) For the employee and dependents 12 years of age and over: Not to exceed $100 for the physical examination plus reimbursement of charges for immunizations.
(ii) For dependents under 12 years of age: Not to exceed $40 for each child plus reimbursement of charges for immunizations.
(e) Importation, purchase, or sale of personal property or automobiles. To the extent permitted by the Cooperating Country laws and regulations, the importation, purchase, and sale of personal property or automobiles by Contractor employees and their dependents in the Cooperating Country shall be subject to the same limitations and prohibitions which apply to Mission employees and their dependents.
(f) Economic and financial activities. Other than work to be performed under this contract for which an employee is assigned by the contractor, no regular or short-term employee of the Contractor shall engage, directly or indirectly, either in his/or her own name or in the name or through the agency of another person, in any business, profession, or occupation in the Cooperating Country or other foreign countries to which he/she is assigned, nor shall he make loans or investments to or in any business, profession, or occupation in the Cooperating Country or other foreign countries to which he/she is assigned.
(a) Post differential. Post differential is an additional compensation for service at places in foreign areas where conditions of environment differ substantially from conditions of environment in the continental United States and warrant additional compensation as a recruitment and retention incentive. In areas where post differential is paid to AID direct-hire employees, post differential not to exceed the percentage of salary as is provided such AID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 500 (except the limitation contained in Section 552, “Ceiling on Payment") Tables-Chapter 900, as from time to time amended, will be reimbursable hereunder for employees in respect to amounts earned during the time such employees actually spend overseas on work under this contract. When such post differential is provided to Contractor employees, it shall be payable beginning on the date of arrival at the post of assignment and continue, including periods away from post on official business, until the close of business on the day of departure from post of assignment en route to the United States. Sick or vacation leave taken at or away from the post of assignment will not interrupt the continuity of the assignment or require a discontinuance of such post differential payments, provided such leave is not taken within the United States or the territories of the United States. Post differential will not be payable while the employee is away from his/her post of assignment for purposes of home leave. Short-term employees shall be entitled to post differential beginning with the forty-third (43rd) day at post.
(b) Living quarters allowance. Living quarters allownce is an allowance granted to reimburse an employee for substantially all of his/her cost for either temporary or residence quarters whenever Governmentowned or Government-rented quarters are not provided to him/her at his/her post without charge. Such costs are those incurred for temporary lodging (temporary lodging allowance) or one unit of residence quarters (living quarters allowance) and include rent, plus any costs not included therein for heat, light, fuel, gas, electricity and water. The temporary lodging allowance and the living quarters allowance are never both payable to an employee for the same period of time. The Contractor will be reimbursed for payments made to employees for a living quarters allowance for rent and utilities if such facilities are not supplied. Such allowance shall not exceed the amount paid AID employees of equivalent rank in the Cooperating Country, in accord
752.7028 Differential and allowances.
The following clause is for use in all AID cost reimbursement contracts performed in whole or in part overseas.
DIFFERENTIALS AND ALLOWANCES (DEC. 1988)
(This clause does not apply to TCN or CCN employees. TCN and CCN employees are not eligible for differentials and allowances, unless specifically authorized by the cognizant Assistant Administrator or Mission Director. A copy of such authorization shall be retained and made available as part of the contractor's records which are required to be preserved and made available by the "Examination of Records by the