Page images
PDF
EPUB

the Contracting Officer must prepare a separate justification as required under AIDAR 706.302–70(c)(2).

(iv) A copy of Attachment 2C to Chapter 2 of A.I.D. Handbook 24, entitled Employee Responsibilities and Conduct.

(2) The Contracting Officer shall comply with the requirements of AIDAR 706.30270(c) as detailed in paragraph 5(c) below.

(c) Competition.

(1) Under AIDAR 706.302-70(b)(1), personal services contracts are exempt from the requirements for full and open competition with two limitations that must be observed by Contracting Officers:

(i) Offers are to be requested from as many potential offerors as is practicable under the circumstances, and

(ii) A justification supporting less than full and open competition must be prepared in accordance with FAR 6.303.

(2) A class justification was approved by the A.I.D. Procurement Executive on January 20, 1987 which will satisfy the requirements of AIDAR 706.302-70(c)(2) for a justification in accordance with FAR 6.303 subject to the following conditions for use for personal services contracts with U.S. citizens or U.S. resident aliens:

(i) If recruited from the United States, the position was either publicized in a U.S. trade/professional/ technical publication, the Commerce Business Daily or a newspaper or similar publication, or the procedure in paragraph (iii) below was followed.

(ii) If recruited locally, the position was publicized in the same way that the Mission announces direct hire U.S. citizen positions, or the procedure in paragraph (iii) below was followed.

(iii) As an alternative to the procedures in paragraphs (i) and (ii) above, at least 3 individuals were considered by consulting source lists (e.g., applications or resumes on hand) or conducting other informal solicitation.

(iv) A copy of the class justification (which was distributed to all A.I.D. Contracting Officers via Contract Information Bulletin) must be included in the contract file, together with a written statement, signed by the Contracting Officer, that the contract is being awarded pursuant to AIDAR 706.302-70(b)(1); that the conditions for use of this class justification have been met; and that the cost of the contract is fair and reasonable.

(3) Since the award of a personal services contract is based on technical qualifications, not price, and since the SF 171, Personal Qualifications Statement”, and SF 171A, Continuation Sheet for Standard Form 171", are used to solicit for such contracts, FAR Subparts 15.4 and 15.5 and FAR Parts 52 and 53 are inappropriate and shall not be used. Instead, the solicitation and selection procedures outlined in this Appendix shall govern.

(4) If the appropriate competitive procedure in paragraph (2) above is not followed,

6. Negotiating a Personal Services Contract

Negotiating a personal services contract is significantly different from negotiating a nonpersonal services contract because of the employer-employee relationship; therefore, the selection procedures are more akin to the personnel selection procedures.

(a) Project Officer's responsibilities. The Project Officer shall be responsible for reviewing and evaluating the applications (i.e., SF 171s) received in response to the solicitation issued by the Contracting Officer. If deemed appropriate, interviews may be conducted with the applicants before the final selection is submitted to the Contracting Officer.

(b) Contracting Officer's responsibilities.

(1) The Contracting Officer shall forward a copy of each SF 171 received under the solicitation to the Project Officer for evaluation.

(2) On receipt of the Project Officer's recommendation, the Contracting Officer shall conduct negotiations with the recommended applicant. Normally, the Contracting Officer shall negotiate only the salary (see the salary setting coverage in paragraph 4(f) of this Appendix). The terms and conditions of the contract, including differentials and allowances, are not negotiable or waivable without a properly approved deviation (see AIDAR 701.470). If the Contracting Officer can negotiate a salary that is fair and reasonable, then the award shall be made.

(3) The Contracting Officer shall use the certified salary history on the SF 171 as the basis for salary negotiations, along with the Project Officer's cost estimate.

(4) The Contracting Officer will obtain two copies of IRS Form W-4, Employee's Withholding Allowance Certificate from the successful applicant. (Upon receipt, the Contracting Officer will forward one copy of the W-4 to the office of the Controller.)

(5) The Contracting Officer will obtain four sets of SF 26, Security Investigation Data for Sensitive Position from the successful applicant if a security clearance is required for the position.

7. Executing a Personal Services Contract

Contracting activities, whether A.I.D./W or Mission, may execute personal services contracts, provided that the amount of the contract does not exceed the contracting authority that has been redelegated to them under Delegation of Authority No. 1103 "TO the Assistant to the Administrator for Management, Concerning Acquisition Functions" (50 FR 23842), as amended (see AIDAR 702.170-10).

In executing a personal services contract, the contracting officer is responsible for insuring that:

(a) The proposed contract is within his/ her delegated authority;

(b) A PIO/T covering the proposed contract has been received;

(c) The proposed scope of work is contractible, contains a statement of minimum qualifications from the technical office requesting the services, and is suitable for a personal services contract in that:

(1) Performance of the proposed work requires or is best suited for an employer-employee relationship, and is thus not suited to the use of a non-personal services contract;

(2) The scope of work does not require performance of any function normally reserved for Federal employees (see paragraph 4(b) of this appendix); and

(3) There is no apparent conflict of interest involved (if the contracting officer believes that a conflict of interest may exist, the question should be referred to the cognizant legal counsel).

(d) Selection of the contractor is documented and justified. AIDAR 706.30270(b)(1) provides an exception to the requirement for full and open competition for personal services contracts abroad (see paragraph 5(c) of this Appendix);

(e) The standard contract format prescribed for personal services contracts (Sections 10, 11, 12 and 13 to AIDAR Appendix D) is used; or that any necessary deviations are

processed as required by AIDAR 701.470. (NOTE: The prescribed contract format is designed for use with contractors who are residing in the U.S. when hired. If the contract is with a U.S. citizen residing in the cooperating country when hired, contract provisions governing physical fitness and travel/transportation expenses, and Additional General Provisions dealing with home leave, allowances, and orientation should be suitably modified (see paragraph 4(g) of this Appendix). These modifications are not considered deviations subject to AIDAR 701.470. Justification and explanation of these modifications is to be included in the contract file);

(f) Orientation is arranged in accordance with Additional General Provision 32;

(g) The contractor has submitted the names, addresses, and telephone numbers of at least two persons who may be notified in the event of an emergency (this information is to be retained in the contract file);

(h) The contract is complete and correct and all information required on the contract Cover Page (AID form 1420-36A) has been entered;

(i) The contract has been signed by the contracting officer and the contractor, and fully executed copies are properly distributed;

(j) The following clearances, approvals and forms have been obtained, properly completed, and placed in the contract file before the contract is signed by both parties:

(1) Security clearance, including the completed SF 86, to the extent required by A.I.D. Handbook 6, Security;

(2) Mission, host country, and project office clearance, as appropriate;

(3) Medical clearance(s) for the contractor and for each dependent who is authorized to travel to the overseas post based on a full medical examination(s) and certification of same by a licensed physician. The physi. cian's certification must be in the possession of the contracting officer prior to any travel undertaken by contractor or his/her dependents;

(4) One original executed IRS Form W-4 entitled “Employee's Withholding Allowance Certificate" and one copy shall be obtained. The original shall be sent to the Controller of the paying office and one shall be placed in the contract file;

(5) The approval for any salary in excess of FS-1, in accordance with Appendix G of this chapter;

(6) A copy of the class justification or other appropriate explanation and support required by AIDAR 706.302-70, if applicable;

(7) Any deviation to the policy or procedures of this appendix, processed and approved under AIDAR 701.470;

(8) A fully executed SF 171;
(9) The memorandum of negotiation;

(k) Funds for the contract are properly obligated to preclude violation of the AntiDeficiency Act, 31 U.S.C. 134 (the contracting officer ensures that the contract has been properly recorded by the appropriate accounting office prior to its release for the signature of the selected contractor);

(1) The contractor receives and understands Attachment 2C of Chapter 2, A.I.D. Handbook 24, General Personnel Policy, entitled “Employee Responsibilities and Conduct," and a copy is attached to each contract, as provided for in paragraph 2(c) of General Provision 2, Section 11;

(m) Agency conflict of interest requirements, as set out in Chapter 2D and 2F of A.I.D. Handbook 24, are met by the contractor prior to his/her reporting for duty;

(n) A copy of a Checklist for Personal Services Contractors which may be in the form set out above or another form convenient for the contracting officer, provided that a form containing all of the information described in this paragraph 7 shall be prepared for each PSC and placed in the contract file; and

(0) The block entitled, “Project No.” on the Cover Page of the contract format is completed by inserting the four-segment

project number as prescribed in A.I.D. Handbook 18, Information Services.

8. Post Audit The Inspector General, or his/her designee, audits the personal services contracts of all contracting activities for the purpose of ensuring conformance to applicable policy and regulations.

9. Contracting Format The prescribed Contract Cover Page, Contract Schedule, General Provisions, and Additional General Provisions for personal services contracts covered by this appendix are included as follows:

10. Form AID 1420-36, “Cover Page" and "Schedule"

11. "General Provisions" 12. “Additional Provisions"

13. FAR Clauses to be incorporated by ref. erence in personal services contracts.

SECTION 10

OMB No. 04120620 Expiration Date: 05/31/87

AGENCY FOR INTERNATIONAL DEVELOPMENT

WASWINOTON, D.G. 20183

CONTRACT WITH A U.S. CITIZEN OR U.S. RESIDENT FOR PERSONAL SERVICES ABROAD

[blocks in formation]

The United States of Americe, hereinafter called the Government, represented by the Contracting Officer executing this contract, and the Contractor agree that the Contractor shall perform all the services set forth in the attached Schedule, for the consideration stated therein. The rights and obligations of the parties to this contract shall be subject to and governed by the Schedule and the General Provisions. To the extent of any inconsistency between the Schedule or the General Provisions and any specifications or other provisions which are made a part of this contract, by reference or otherwise, the Schedule and the General Provisions shall control. To the extent any inconsistency between the Schedule and the General Provisions, the Schedule shall control

SPECIAL NOTE: As an employee under 22 U.S.C. 2396(2X3), the Contractor is subject

to both FICA and Federal Income Tax withholding.

(Fill in eppropriate space) This contract consists of this Cover Page, the Schedule of

pages, including the Table of Contents, the General Provisions (Section 11, dated

), the Additional General Provisions (Section 12, dated

and Section 13 FAR Clauses, dated

[ocr errors]
[blocks in formation]

PRIVACY ACT STATEMENT This information is provided pursuant to Public Law 93-579 (Privacy Act of 1974), December 31, 1974, for individuals who complete this form.

The Executive Office of the President, Office of Management and Budget has required that all departments and agencies comply with the reporting requirements of Section 6041 of the Internal Revenue Code. Section 6041 states that all departments and agencies making payments totalling $600.00 or more in one year to a recipient for services provided must be reported to the Internal Revenue Service (IRS). The SSN and all financial numbers will be disclosed to Agency for International Development (AID) payroll office personnel and personnel in the Department of the Treasury, Division of Disbursements. AID will use this SSN to complete Form W-2 of the Code on employee compensation. Disclosure by the personal services contractor of the SSN is necessary to obtain the services, benefits or processes provided by this contract. Disclosure of the SSN may be made outside AID (a) pursuant to any applicable routine use listed in AID's Notice for implementing the Privacy Act as published in the FEDERAL REGISTER, or (b) when disclosure by virture of a contract being a public document after signatures is authorized under the Freedom of Information Act.

11. Preference for U.S.-Flag Air Carriers

(FAR 52.247-63) 12. Payment 13. Conversion of U.S. Dollars To Local Cur.

rency 14. Post of Assignment Privileges 15. Security Requirements 16. Contractor-Mission Relationships 17. Termination (FAR 52.249-2) 18. Disputes (FAR 52.233-1 Alternate I) 19. Release of Information 20. Officials Not to Benefit 21. Convenant Against Contingent Fees 22. Notices 23. Reports 24. Use of Pouch Facilities 25. Biographical Data 26. Resident Hire PSC

For a tour of duty of 1 year or more, “Additional General Provisions (AGP)" will be attached and be applicable to this contract. References to individual - clauses should specify for example, "GP 9” (insurance), or AGP 34" (termination).

SCHEDULE NOTE: Use of the following Schedule articles are not mandatory. They are intended to serve as guidelines for contracting offices in drafting contract schedules. Article lan. guage may be changed to suit the needs of the particular contract.

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. Any AID Consultation or orientation.)

Table of Contents

SCHEDULE The Schedule on pages 2 through 5 consists of this Table of Contents and the following Articles: Articles:

Article 1-Statement of Duties
Article II–Period of Service Overseas
Article III–Contractor's Compensation

and Reimbursement in U.S. Dollars Article IV-Costs Reimbursable and Logis

tic Support Article V-Precontract Expenses Article VI-Additional Clauses

Article IIPeriod of Service Overseas Within

days after written notice from the Contracting Officer that all clear. ances, 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 overseas shall be approximately

in (Specify time of duties in each location as well as authorized stopovers with purpose of each.)

GENERAL PROVISIONS The following provisions numbered as shown below omitting number(s)

are the General Provisions (GPs) of this Contract: 1. Definitions 2. Laws and Regulations Applicable Abroad 3. Physical Fitness 4. Workweek and Compensation (Pay Com

parability Adjustments) 5. Leave and Holidays 6. Differential and Allowances 7. Social Security and Federal Income Tax 8. Advance of Dollar Funds 9. Insurance 10. Travel and Transportation Expenses

Article III-Contractor's Compensation and

Reimbursement in U.S. Dollars A. Except to the extent reimbursement therefor is payable in the currency of the Cooperating Country pursuant to Article IV, AID shall pay the contractor compensation after it has accrued and reimburse him/her in U.S. dollars for necessary and reasonable costs actually incurred by him/

« PreviousContinue »