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pensation (pay comparability) adjustment should be included.
**Do not include the value of any costs to be paid or reimbursed in local currency. Total estimated costs (lines 1 thru 8).
her in the performance of this contract within the categories listed in paragraph C, below, and subject to the conditions and limitations applicable thereto as set out herein and in the attached General Provi. sions (GP).
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, sick, and home leave which may be earned during the contractor's tour of duty (GP Clause No. 5, AGP Clause No. 29), (2) days for authorized travel (GP Clause 10(b)), and (3)
days for orientation and consultation in the United States.
C. Allowable Costs:
1. Compensation at the rate of $- per (year) (month) (week) (day). Adjustments in compensation (pay) for periods when the contractor is not in compensable pay status shall be calculated as follows: Rate of
- per (day) (hour). Contingency for Compensation (Pay Comparability) Adjustments.
2. Overtime (Unless specifically authorized in the Schedule of this contract, no overtime hours shall be allowed hereunder.)
D. Maximum U.S.-Dollar Obligation:
In no event shall the maximum U.S.dollar obligation under this contract, exceed
- 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 in U.S. dollars 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:
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 Provision Clause 12. The documentation for such costs shall be on such forms and in such manner as the Mission Director shall prescribe.
*3. Overseas Differential (Ref. GP Clause No. 6.) Rate and Contingency $
**4. Allowances in Cooperating Country (Ref. GP Clause 6 and AGP Clause 30.)
**5. Travel and Transportation (Ref. GP Clause 10 and AGP Clause 31.) (Includes the value of GTRS furnished by the Government, not payable to Contractor).
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 into this contract.
a. United States
**6. Subsistence or Per Diem (Ref. GP Clause 10 and AGP Clause 31.) a. United States b. International c. Cooperating and Third Country Subtotal Item 6 $
7. Other Direct Costs. a. Health and Life Insurance Ref. GP
(Clause 9-b.) $b. Precontract Costs, passport, visa, inocula
tions, etc. (Ref. GP Clause 8.) $c. Physical Examination (Ref. GP Clause 3
and AGP Clause 23.) d. Communications, Miscellaneous. $Subtotal Item 7
8. F.I.C.A.-U.S.C. contribution (not payable to contractor). $
*If post differential is applicable to the assigned post, a contingency for the adjusted amount of differential resulting from com
Article VI-Additional Clauses (Additional Schedule clauses may be added such as the implementation of General Provisions or Additional General Provi. sions clauses.)
Section 11. General Provisions
Contract With a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad
The following clauses are to be used for tours of duty of less than 1 year. For tours of duty of 1 year or more these “General
Provisions" will be supplemented by the "Additional General Provisions”, Section 12.
Index of Clauses 1. Definitions (DEC 1985) 2. Laws and Regulations Applicable Abroad
(DEC 1985) 3. Physical Fitness (DEC 1985) 4. Workweek and Compensation (Pay Com
parability Adjustments) (DEC 1985) 5. Leave and Holidays (DEC 1985) 6. Differential and Allowances (DEC 1985) 7. Social Security and Federal Income Tax
(DEC 1985) 8. Advance of Dollar Funds (DEC 1985) 9. Insurance (DEC 1985) 10 Travel and Transportation Expenses
(DEC 1985) 11. Preference for U.S.-Flag Air Carriers
(APR 1984) (FAR 52.247-63) 12. Payment (DEC 1985) 13. Conversion of U.S. Dollars to Local Cur
rency (DEC 1985) 14. Post of Assignment Privileges (DEC
1985) 15. Security Requirements (DEC 1985) 16. Contractor-Mission Relationships (DEC
1985) 17. Termination (APR 1984) (FAR 52.249
12) 18. Disputes (APR 1984) ((FAR 52.233-1)
(Alternate I)] 19. Release of Information (DEC 1985) 20. Officials Not to Benefit ((APR 1984)
(FAR 52.203-5)] 21. Covenant Against Contingent Fees
[(DEC 1985) (FAR 52.203-5)] 22. Notices (DEC 1985) 23. Reports (DEC 1985) 24. Use of Pouch Facilities (DEC 1985) 25. Biographical Data 26. Resident Hire PSC
(g) "Economy class" air travel (also known as jet-economy, air coach, tourist-class, etc.) shall mean a class of travel which is less than first class.
(h) “Government” shall mean the United States Government.
(i) "Local currency" shall mean the currency of the Cooperating Country.
(j) “Mission" shall mean the United States AID Mission to, or principal AID office in, the Cooperating Country.
(k) "Mission Director" shall mean the principal officer in the Mission in the Cooperating Country, or his/her designated representative.
(1) “Tour of duty” shall mean the Contractor's period of service under this Contract and shall include orientation in the United States (less language training), authorized leave, and international travel.
(m) “Traveler" shall mean the Contractor in authorized travel status.
(n) “Project Officer" shall mean the AID official to whom the Contractor reports, and who is responsible for monitoring the Contractor's performance.
(0) “U.S. Resident Alien", as used in this contract shall mean an alien immigrant, legally resident in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States, and having a valid “Alien Registration and Receipt Card” (Immigration and Naturalization Service forms I-151 or 1-551).
(p) “Resident Hire Personal Services Contractor (PSC)” means a U.S. citizen who, at the time they are hired as a PSC, resides in the cooperating country (a) as a spouse or dependent of a U.S. citizen employed by a U.S. Government Agency or under any U.S. Government-financed contract or agreement, or (b) for reasons other than for employment with a U.S. Government Agency or under any U.S. Government-financed contract or agreement. A U.S. citizen for purposes of this definition also includes persons who at the time of contracting, are lawfully admitted permanent residents of the United States.
1. Definitions (Dec. 1985) (a) “Administrator" shall mean the Administrator or the Deputy Administrator of AID.
(b) “AID” shall mean the Agency for International Development.
(c) “Contracting Officer" shall mean a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.
(d) “Contractor" shall mean the individual engaged to serve in the Cooperating Country under this Contract.
(e) “Cooperating Country” shall mean the foreign country in or for which services are to be rendered hereunder.
(f) “Cooperating Government” shall mean the government of the Cooperating Country.
2. Laws and Regulations Applicable Abroad
(Dec. 1985) (a) Conformity to Laws and Regulations of the Cooperating Country.
Contractor agrees that, while in the cooperating country, he/she shall abide by all applicable laws and regulations of the cooperating country and political subdivision 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
exceed the maximum FS-1 annual compensation (or the equivalent daily rate).
and prohibitions which apply to Mission U.S.-citizen direct-hire employees.
(c) Code of Conduct.
The Contractor shall, during his/her tour of duty under this Contract, be considered an “employee" (or if his/her 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 22 CFR Part 10, "Employee Responsibilities and Conduct" (Attachment 2C to Chapter 2 of AID Handbook 24). The Contractor acknowledges receipt of a copy of said provisions by his/her acceptance of this contract.
3. Physical Fitness (Dec. 1985) The Contractor shall be required to 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 and is physically qualified to reside in the cooperating in the cooperating country. A copy of the certificate shall be provided to the Contracting Officer prior to the Contractor's departure for the cooperating country, or
Contract is entered into in the cooperating country, the Contractor shall provide the certificate before he/she starts work under the Contract. The Contractor shall be reimbursed not to exceed $100 for the cost of the physical examination, plus reimbursement of charges for immunizations if such costs are not covered by the Contractor's health insurance policy.
5. Leave and Holidays (Dec. 1985) (a) Vacation Leave.
(1) The Contractor shall earn vacation leave at the rate of 13 workdays per annum or 4 hours every 2 weeks. However, no vacation shall be earned if the tour of duty is less than 90 days.
(2) Notwithstanding paragraph (a)(1) of this provision, if the Contractor has had previous PSC service (i.e., has served under other personal services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA), the Contractor shall earn vacation leave at the rate of either 6 hours every two weeks for cumulative PSC service exceeding 3 years or 8 hours every two weeks for cumulative PSC service exceeding 15 years. Former Civil Service, Foreign Service, or a Military Service experience is not creditable towards PSC service for annual leave purposes.
(3) It is understood that vacation leave is provided under this Contract primarily for the purposes of affording necessary rest and recreation during the tour of duty in the cooperating country. The Contractor in consultation with the AID Mission shall develop a vacation leave schedule early in his/ her tour of duty taking into consideration project requirements, employee preference and other factors. All vacation leave earned by the Contractor must be used during the his/her tour of duty. All vacation leave earned by the Contractor but not taken by the end of the his/her tour of duty will be forfeited unless otherwise approved in writing by the Contracting Officer or Mission Director.
(b) Sick Leave.
Sick leave is earned at a rate not to exceed 13 work-days per annum or 4 hours every 2 weeks. Unused sick leave may be carried over under an extension of this Contract but the Contractor will not be compensated for unused sick leave at the completion of this Contract.
(c) Leave Without Pay.
Leave without pay may be granted only with the written approval of the Contracting Officer or Mission Director.
The Contractor, while serving abroad, shall be entitled to all holidays granted by the Mission to U.S.-citizen direct-hire employees.
(e) Leave Records.
The Contractor shall maintain current leave records for himself/herself and make them available, as requested by the Mission Director or the Contracting Officer.
4. Workweek and Compensation (Pay Comparability Adjustments) (Dec. 1985) (a) Workweek.
The Contractor's workweek shall not be less than 40 hours, unless otherwise provided in the Contract 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 annual and sick leave earned shall be prorated (see the General Provision of this Contract entitled Leave and Holidays).
(b) Compensation (Pay Comparability) Adjustments.
The Contractor's compensation shall be adjusted to reflect the pay comparability adjustments which are granted from time to time to U.S. direct-hire employees by Executive Order for the statutory pay systems. Any adjustments authorized shall not exceed that percentage stated in the Executive Order granting the adjustment. Further, the adjusted compensation may not
6. Differential and Allowances (Dec. 1985)
(a) The following differential and allowances will be granted to the Contractor to the same extent and on the same basis as they are granted to U.S.-citizen direct-hire employees at the Mission by the Standardized Regulations (Government Civilians, Foreign Areas), as from time to time amended, except as noted to the contrary below: Applicable Reference to Standardized
Regulations (1) Post Differential-Chapter 500 and
Tables in Chapter 900 (2) Living Quarters Allowance-Section 130 (3) Temporary Lodging Allowance-Section
120 (4) Post Allowance-Section 220 (5) Supplemental Post Allowance-Section
230 (6) Payments During Evacuation-Section
600 (i) 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 the Contractor, 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.
(ii) Living quarters allowance.
Living quarters allowance is an allowance granted to reimburse an employee for substantially all of his/her cost for either tem
porary or residence quarters whenever Government-owned 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 cost 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 receive living quarters allowance for payment of 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 accordance with either the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 130, as from time to time amended, or other rates approved by the Mission Director. Subject to the written approval of the Mission Director, short-term employees may be paid per diem (in lieu of living quarters allowance) at rates prescribed by the Federal Travel Regulations, as from time to time amended, during the time such short-term employees spend at posts of duty in the Cooperating Country under this contract. In authorizing such per diem rates, the Mission Director shall consider the particular circumstances involved with respect to each such short-term employee including the extent to which meals and/or lodging may be made available without charge or at nominal cost by an agency of the United States Government or of the Cooperating Government, and similar factors.
(iii) Temporary lodging allowance.
Temporary lodging allowance is a quarters allowance granted to an employee for the reasonable cost of temporary quarters incurred by the employee and his/her family for a period not in excess of: (i) Three months after first arrival at a new post in a foreign area or a period ending with the occupation of residence (permanent) quarters, if earlier, and (ii) one (1) month immediately preceding final departure from the post subsequent to the necessary vacating of residence quarters. The Contractor will receive temporary lodging allowance for himself/ herself and authorized dependents, in lieu of living quarters allowance, not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 120, as from time to time amended.
(iv) Post allowance.
Post allowance is a cost-of-living allowance granted to an employee officially stationed at a post where the cost of living, exclusive of quarters cost, is substantially higher than in Washington, DC. The Contractor will re
8. Advance of Dollar Funds (Dec. 1985) 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.
ceive post allowance payments not to exceed those paid AID employees in the Cooperating Country, in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 220, as from time to time amended.
(v) Supplemental post allowance.
Supplemental post allowance is a form of post allowance granted to an employee at his/her post when it is determined that assistance is necessary to defray extraordinary subsistence costs. The Contractor will receive supplemental post allowance payments not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 230, as from time to time amended.
(vi) Payments during evacuation.
The Standardized Regulations (Government Civilians, Foreign Areas) provide the authority for efficient, orderly, and equitable procedure for the payment of compensation, post differential and allowances in the event of an emergency evacuation of employees or their dependents, or both, from duty stations for military or other reasons or because of imminent danger to their lives. If evacuation has been authorized by the Mission Director, the Contractor will receive payments during evacuation for himself/herself and authorized dependents evacuated from their post of assignment in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 600, and the Federal Travel Regulations, as from time to time amended.
The allowances provided in paragraphs (a)(1) through (a)(6) of this provision shall be paid to the Contractor in dollars or in the currency of the cooperating country in accordance with the practice prevailing at the Mission, or the Mission Director may direct that the Contractor be paid a per diem in lieu thereof as prescribed by the Standardized Regulations (Government Civilians, Foreign Areas), as from time to time amended.
(b) The Contractor shall not be eligible for any allowance, differential, or other employment benefit that is not expressly authorized by AIDAR Appendix D.
9. Insurance (Dec. 1985) (a) Worker's Compensation Benefits.
The Contractor shall be provided worker's compensation benefits in accordance with the Federal Employees Compensation Act.
(b) Health and Life Insurance.
(1) The Contractor shall be provided a maximum contribution of up to 50% against the actual costs of the Contractor's annual health insurance costs, provided that such costs may not exceed the maximum U.S. Government contribution for direct-hire personnel as announced annually by the Office of Personnel Management.
(2) The Contractor shall be provided a contribution of up to 50% against the actual costs of annual life insurance not to exceed $500.00 per year.
(3) A Contractor who is a spouse of a current or retired Civil Service, Foreign Service, or Military Service member and who is covered by their spouse's Government health or life insurance policy is ineligible for the contribution under paragraphs (a)(1) or (a)(2) of this provision. Proof of insurance coverage shall be submitted to the Contracting Officer before any contribution is paid.
(c) Insurance on Private Automobiles.
If the Contractor or his/her dependents transport, or cause to be transported, privately owned automobile(s) to the cooperating country, or any of them purchase an automobile within the cooperating country, the Contractor agrees to ensure 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.
7. Social Security and Federal Income Tax
(Dec. 1985) (a) Since the Contractor is an employee, F.I.C.A. contributions and U.S. Federal Income Tax withholding shall be deducted in accordance with regulations and rulings of the Social Security Administration and the U.S. Internal Revenue Service, respectively.
(b) As an employee, the Contractor is not eligible for the “foreign earned income” exclusion under the IRS regulations (see 26 CFR 1.911-3(c)(3)).