ally state minimum work week hours. It is not expected that these employees will receive additional pay, overtime or shift premiums, or compensatory time off. When the Contracting Officer determines it is in the best interest of the Government, specific provision may be made in contracts to permit such benefits for non-technical and non-professional employees serving overseas, subject to approvals to be required in the contract. § 7-12.102-4 Approvals.

The heads of procuring activities and the chiefs of contract offices in AID/ Washington procuring activities may make the determinations referred to in FPR 1-12.102-4.

§ 7-12.802-50 AID Contracts Compliance Officer.

"AID Contracts Compliance Officer" means the Special Assistant to the Administrator for Equal Opportunity in Employment and the Deputy AID Contracts Compliance Officer.

§ 7-12.802-51 Predominant Interest Agency.

"Predominant Interest Agency" means the Federal agency which has primary responsibility, as designated by the President's Committee, for the administration of a Contractor's obligations under the Orders. See instructions attached to Standard Form 40 (FPR 1-16.901-40). § 7-12.805 Administration.

§ 7-12.805-1 Duties of agencies.

(a) Each head of a procuring activity is responsible for carrying out and assuring adherence to the equal employment opportunity policy set forth in FPR 1-12.801.

(b) Under the immediate supervision of the Administrator, the AID Contracts Compliance Officer is responsible for the

administration of the AID contracts compliance program, including reporting systems, training of personnel, maintenance of records, development of policies, standards, and guides, review and coordination of AID compliance activities, reporting to the Secretary of Labor. All communications regarding any phase of the AID equal opportunity program which are received from or require transmittal to the Secretary of Labor will be coordinated with or handled by the AID Contracts Compliance Officer. As required by the AID Contracts Compliance Officer, the Director, Office of Contract Management maintains central records for the contracts compliance program. These records include:

(1) A roster of predominant interest agency assignments;

(2) A roster of predominant interest agency assignments that have been made to AID;

(3) A contract compliance card file; (4) Copies of compliance reports; (5) Copies of questionnaires and replies; and

(6) On-site survey files.

[30 FR 12979, Oct. 12, 1965, as amended at 32 FR 8469, June 14, 1967; 38 FR 28676, Oct. 16, 1973]

§ 7-12.805-4 Compliance reports.

If AID is the predominant interest agency, the Contracting Officer will review a prospective Contractor's current compliance report before an award is made. See FPR 1-1.310-5(a) (5). § 7-12.805-5 Compliance reviews.

(a) The AID Contracts Compliance Officer conducts on-site compliance reviews and prepares and signs reports on them. He advises the Secretary of Labor when a review has been conducted. One copy of the report is forwarded to the Director, Office of Contract Management and other copies to such other addresses as he deems appropriate. The original and appropriate attachments are maintained by the AID Contracts Compliance Officer.

(b) On-site compliance reports are divided into 4 parts, as follows:

Part I:

a. Name and Address of Contractor. b. Predominant Interest Agency.

c. Reporting Status of Contractor (Prime, sub, etc.).

d. Facilities Visited (Address). e. Date of Visits.

1. Persons Interviewed and Titles.

g. Subcontracts (if any).

Part II:

a. Employment Policy (brief summary of employment policies, and exhibits, if any, of equal employment policies in use by Contractor).

b. Educational and Training Programs. c. Recruitment Sources and Advertising (discussion of sources and exhibits, if any). d. Organization of Workers (bargaining agreements with labor unions, desegregated facilities in office and field installations, etc.).

Part III-Personnel Distribution

a. Home Office (number of minority group members in executive positions as compared to total executive positions).

b. Field (number of minority group members in executive positions as compared to total executive positions).

The Foreign Assistance and Related Agency Appropriation Act, 1966, imposes the following requirement:

None of the funds appropriated or made available by this or any predecessor Act for the year subsequent to fiscal year 1962 for carrying out the Foreign Assistance Act of 1961, as amended, may be used on or after 60 days from the date of enactment of this Act to make payments with respect to any contract for the performance of services outside the United States by U.S. citizens unless the President shall have promulgated regulations that provide for the investigation of such citizens for loyalty and security to the extent necessary to protect the security and other interests of the United States: Provided, That such regulations shall require that any such U.S. citizen who will have access, in connection with the performance of such services, to information or material classified for security reasons shall be subject to such investigation as may otherwise be provided by law and executive order. [31 F.R. 11030, Aug. 19, 1966]

§ 7-12.5101 Contract provision.

AID contracts provide for necessary approvals of contract personnel.

§ 7-12.5102 AID Directives.

(a) Regulations have been issued under the statutory provision cited in AIDPR S7-12.5100 and are set out in AID Regulation 10, published in Part 210, Title 22 of the Code of Federal Regulations.

(b) See also Manual Order 610.2, entitled "Security Clearance for Contrac

tors and Contractor Personnel under AID Financed Contracts".

[31 F.R. 11030, Aug. 19, 1966]

Subpart 7-12.52-Foreign Nationals § 7-12.5201 Construction work.

§ 7-12.5201-1 Legislation.

Beginning with the Foreign Assistance and Related Agencies Appropriation Act, 1964, the appropriation Acts governing AID have imposed the following requirement:

None of the funds made available by this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be obligated on or after April 30, 1964, for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall, on or before such date, have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be used to finance the direct costs under such contracts for construction work performed by persons other than qualified nationals of the recipient country or qualified citizens of the United States: Provided, however, That the President may waive the application of this amendment if it is important to the national interest.

See, for example, section 117 of the Foreign Assistance and Related Agencies Appropriation Act, 1965.

§ 7-12.5201-2 Regulations.

Regulations have been issued under the statutory provision cited in AIDPR 7-12.5201-1. They are set out in AID Regulation 7, published in Part 207, Title 22 of the Code of Federal Regulations, and reproduced in AID Manual Order 1412.1.2.

Subpart 7-12.53-Workmen's Compensation (Defense Base Act) and War Hazards Compensation for Overseas Employees

7-13.703

7-13.704

7-13.705

7-13.706

Government property clause for commercial cost-reim

bursement contracts. Government property clause for fixed-price type contracts with non-profit institutions. Government property clause for cost-reimbursement contracts with nonprofit institutions. Government property clause for all contracts under which title vests in the cooperating country.

AUTHORITY: The provisions of this Part 7-13 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

SOURCE: The provisions of this Part 7-13 appear at 35 F.R. 7964, May 23, 1970, unless otherwise noted.

Subpart 7-13.1-General

§ 7-13.100 Scope of subpart.

This subpart sets forth the policies and procedures of AID with respect to providing property for use by contractors.

(a) A negotiated, fixed-price contract for which the price is not based on (1) adequate price competition, (2) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (3) prices set by law or regulation; or

(b) A cost-type contract.

§ 7-13.103 Furnishing motor vehicles to A.I.D. contractors.

When it is anticipated that one or more motor vehicles will be required for use by contractor personnel, a determination shall be made as early as possible during contract negotiation as to the feasibility of providing the vehicles as Government-furnished property. Unless there are substantial reasons to the contrary, the vehicles shall be so provided when the following conditions are met:

(a) All costs related to operation of the vehicles are totally allocable to the contract;

(b) The prospective contractors do not have, or would not be expected to have, an existing and continuing capability for providing the vehicles necessary to perform the contract from their own resources;

(c) The number of vehicles required in the performance of the contract is predictable with a reasonable degree of accuracy and is expected to remain fairly constant over 1 year or more; and

(d) Substantial savings can be expected: The required vehicles shall not be provided by the Government unless they will be used exclusively in the performance of the AID contract. § 7-13.104

property.

Control of Government

The control of Government property shall be in accordance with the Government-property clause of the contract.

§ 7-13.105 Disposition of Government property.

Contractor-acquired or Governmentfurnished property not consumed in the performance of the contract is returned to A.I.D.'s custody upon completion of the contract or at such earlier time as may be fixed by the Contracting Officer. Such return is accomplished in accordance with the written instructions of the Contracting Officer. If, however, it is determined by appropriate authority that any Government property is excess to the Agency's needs, other disposition may be made in accordance with applicable statutes, regulations, and manual orders.

The following clause shall be used in fixed-price contracts (except those with educational or nonprofit institutions) which are performed in the United States or under which title to Government property vests in the U.S. Government and for which the price is based on (a) adequate price competition, (b) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (c) prices set by law or regulation. GOVERNMENT PROPERTY (FIXED PRICE

COMMERCIAL-UNITED STATES)

(a) Government-Furnished Property. The Government shall deliver to the Contractor, for use in connection with and under the the terms of this contract, property described in the Schedule or specifications as Government-furnished property together with such related data and information as the Contractor may request and as may reasonably be required for the intended use of such property (hereinafter referred to as "Government-furnished property"). The delivery or performance dates for the supplies or services to be furnished by the Contractor under this Contract are based upon the expectation that Government-furnished property suitable for use (except for such property furnished "as is") will be delivered to the Contractor at the times stated in the Schedule or, if not so stated, in sufficient time to enable the Contractor to meet such delivery or performance dates. In the event that Government-furnished property is not delivered to the Contractor by such time or times, the Contracting Officer shall, upon timely written request made by the Contractor, make a determination of the delay, if any, occasioned the Contractor thereby, and shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by any such delay, in accordance with the procedures provided for in the clause of this Contract entitled "Changes". Except for Government-furnished property furnished "as is", in the event the Government-furnishd property is received by

the Contractor in a condition not suitable for the intended use, the Contractor shall, upon receipt thereof, notify the Contracting Officer of such fact and, as directed by the Contracting Officer, either (1) return such property at the Government's expense or otherwise dispose of the property, or (ii) effect repairs or modifications. Upon the completion of (1) or (ii) above, the Contracting Officer upon written request of the Contractor, shall equitably adjust the delivery or performance dates or the contract price, or both, and any other contractual provision affected by the rejection or disposition, or the repair or modification, in accordance with the procedures provided for in the clause of this Contract entitled "Changes". The foregoing provisions for adjustments are exclusive and the Government shall not be liable to suit for breach of contract by reason of any delay in delivery of Governmentfurnished property or delivery of such property in a condition not suitable for its intended use.

(b) Changes in Property.

Government-Furnished

(1) By notice in writing, the Contracting Officer may (1) decrease the property provided by the Government under this Contract, or (11) substitute other Governmentowned property for property to be provided by the Government, or to be acquired by the Contractor for the Government, under this Contract. The Contractor shall promptly take such action as the Contracting Officer may direct with respect to the removal and shipping of property covered by such notice.

(2) In the event of any decrease in or substitution of property pursuant to subparagraph (1) above, or any withdrawal of authority to use property provided under any other contract or lease, which property the Government had agreed in the Schedule to make available for the performance of this Contract, the Contracting Officer, upon the written request of the Contractor (or, if the substitution of property causes a decrease in the cost of performance, on his own initiative), shall equitably adjust such contractual provisions as may be affected by the decrease, substitution, or withdrawal, in accordance with the procedures provided for in the "Changes" clause of this Contract. (c) Title.

Title to all property furnished by the Government shall remain in the Government. In order to define the obligations of the parties under this clause, title to each item acquired by the Contractor pursuant to this Contract shall pass to and vest in the Government upon purchase. All Governmentfurnished property, together with all property acquired by the Contractor title to which vests in the U.S. Government under this paragraph, is subject to the provisions of this clause and is hereinafter collectively referred to as "Government Property". Title to Government property shall not be affected by the incorporation or attachment thereof to any property not owned by the Govern