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Sec.

7-7.5503-8

Patent provisions. 7-7.5503-9 Care of laboratory animals.

AUTHORITY: Sec. 621, 72 Stat. 445, as amended (22 U.S.C. 2381); E.O. 10973, November 3, 1961, 26 FR 10469; 3 CFR 1959-63 Comp.

§ 7-7.000 Scope of part.

This part sets forth uniform contract clauses for use in connection with AID's procurement of personal property and nonpersonal services.

[35 F.R. 11393, July 16, 1970]

§ 7-7.001 References to "Government".

Whenever it is appropriate, in order to avoid ambiguity or misinterpretation, the words "United States" may be inserted before the word "Government" in a standard clause. Similar clarification may be appropriate for other words which appear in standard clauses, including those which refer to officers of the United States Government. [30 F.R. 12978, Oct. 12, 1965]

Subpart 7-7.1-Fixed-Price Supply Contracts

SOURCE: 30 FR 12978, Oct. 12, 1965, unless otherwise noted. Redesignations at 38 FR 28672, Oct. 16, 1973.

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As used throughout this contract, the following terms shall have the meanings set forth below:

(a) The term "head of the agency", "Secretary", or "Administrator", as used herein means the Administrator, Deputy Administrator, or Assistant Administrator for Program and Management Services of the Agency for International Development; and the term "his duly authorized representative" means any person or persons or board (other than the contracting officer) authorized to act for the head of the agency.

(b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract.

[30 FR 12978, Oct. 12, 1965, as amended at 38 FR 12807, May 16, 1973. Redesignated and amended at 38 FR 28672, Oct. 16, 1973]

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The clause set forth in FPR 1-7.102-14 is not generally included in A.I.D. contracts when more stringent source requirements are stated in the contract or when inclusion is not appropriate under FPR 1-6.104-5. (See Executive Order No. 11223, dated May 12, 1965, 30 FR 6635.) Clauses setting forth the A.I.D. source restrictions are included in AIDPR 7-7.

[38 FR 28672, Oct. 16, 1973] § 7-7.102-17

Officials not to benefit.

If the procurement is made by an overseas field procurement activity or in other cases where appropriate, the following clause may be substituted for the provision in FPR 1-7.102-17.

UNITED STATES OFFICIALS NOT TO BENEFIT

No member of or delegate to the Congress of the United States of America, or resident commissioner of the United States of America shall be admitted to any share or part of this contract, or to any benefit that might arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

[30 FR 12978, Oct. 12, 1965. Redesignated and amended at 38 FR 28672, Oct. 16, 1973]

§ 7-7.103 Clauses to be used when applicable.

[38 FR 28672, Oct. 16, 1973]

§ 7-7.103-22 Workmen's compensation insurance (Defense Base Act).

As a general rule, waivers will be obtained for persons employed outside the United States who are not United States citizens or residents, provided adequate protection will be given such persons. See AIDPR 7-10.402.

Subpart 7-7.6-Fixed-Price
Construction Contracts

SOURCE: The provisions of this Subpart 7-7.6 appear at 30 F.R. 12978, Oct. 12, 1965, unless otherwise noted.

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clauses for use in cost reimbursement contracts with a contractor other than an educational institution.

§ 7-7.5001 Required clauses.

These clauses are mandatory for costplus-fixed-fee contracts and, with necessary modifications, for other types of cost reimbursement contracts.

§ 7-7.5001-1 Definitions.

DEFINITIONS (DECEMBER 1970)

(a) "Administrator" shall mean the Administrator or the Deputy Administrator of the Agency for International Development. (b) "A.I.D." shall mean the Agency for International Development.

(c) "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.

(d) "Contracting officer" shall mean the person executing this contract on behalf of the United States Government, and any other government employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(e) "Contractor employee" shall mean an employee of the Contractor assigned to work under this contract.

(f) "Cooperating country or countries" shall mean the foreign country or countries in or for which services are to be rendered hereunder.

(g) "Cooperating Government” shall mean the government of the Cooperating Country. (h) "Economy class" air travel (also known as jet economy, air coach, touristclass, etc.) shall mean a class of air travel which is less than first class.

(1) "Federal Procurement Regulations" (FPR), when referred to herein shall include

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CHANGES (DECEMBER 1970)

(a) The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following: (1) Statement of work or services, (2) drawings, designs, or specifications, (3) method of shipment or packing, (4) place of inspection, delivery, or acceptance, and (5) the amount of logistic support and property of the United States or Cooperating Government to be furnished or made available to the Contractor for performance of this contract. If any such change causes an increase or decrease in the estimated cost of, or the time required for performance of this contract, or otherwise affects any other provision of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (1) in the estimated cost of delivery schedule, or both, (2) in the amount of any fee to be paid to the Contractor, and (3) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60) days from the date of receipt by the Contractor of the notification of change: Provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(b) If this contract is executed by an A.I.D./Washington Contracting Officer, valid change orders may be issued only by an A.I.D./Washington Contracting Officer, such other person as he may in writing designate for such purpose.

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or

(a) Contractor agrees to furnish to the Contracting Officer, on forms provided for that purpose, biographical information on the following individuals to be employed in the performance of the contract: (1) All

individuals to be sent outside of the United States, (2) key personnel. Biographical data on the other individuals employed under the contract shall be available for review by A.I.D. at the Contractor's principal place of business.

§ 7-7.5001-4 Leave and holidays.

LEAVE AND HOLIDAYS (DECEMBER 1970) Contractor employees shall be entitled to such leave and holidays while serving in the United States as are provided in accordance with the Contractor's established policy and practice, but in no event shall vacation leave be earned at a rate exceeding 26 working days per annum, or sick leave be earned at a rate exceeding 13 working days per annum, § 7-7.5001-5 Travel and transportation

expenses.

TRAVEL AND TRANSPORTATION EXPENSES

(DECEMBER 1970)

(a) United States travel. The Contractor shall be reimbursed for actual transportation costs and travel allowances of travelers in accordance with the established practice of the Contractor for travel within the United States directly referable to the contract and not continuous with travel to and from the Cooperating Country. Such transportation costs shall not be reimbursed in an amount greater than the cost of, and time required for economy class commercial

scheduled air travel by the most expeditious route unless economy air travel or economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents retained as part of his contract records to support his claim for post-audit. Such travel allowances shall be in accordance with the established practice of the Contractor for travel within the United States provided that it shall not exceed the rates and basis for computation of such rates as provided in the Standardized Government Travel Regulations, as from time to time amended.

(b) Actual expense basis. Travel on an actual expense basis may be authorized or approved by the Contractor's Chief Executive Officer, or equivalent official, when it is determined that unusual circumstances of the assignment will require expenditures greatly in excess of the maximum per diem allowance provided herein. Payment on an actual expense basis is limited to specific travel assignments and should be used only in exceptional cases and not merely to cover a small amount of costs in excess of per diem. Normally the authorization will be limited to cases where the cost of lodging (exclusive of meals) at available hotels absorbs practically all of the per diem allowance. In no event, however, shall the amount authorized exceed the applicable maximum amount allowable under section 7.2 of the Standardized Government Travel Regulations, as from time to time amended. Re

ceipts covering all expenses claimed hereunder shall be filed by the traveler with his voucher and shall be retained as a part of the Contractor's records to support the Contractor's claim for reimbursement, or for post audit.

[37 FR 3804, Feb. 23, 1972, as amended at 38 FR 28672, Oct. 16, 1973]

§ 7-7.5001-6

Standards of work.

STANDARDS OF WORK (DECEMBER 1970)

The Contractor agrees that the performance of work and services, pursuant to the requirements of this contract, shall conform to high professional standards.

§ 7-7.5001-7 Inspection.

INSPECTION (DECEMBER 1970)

The Government, through any authorized representatives, has the right at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made by the Government on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.

§ 7-7.5001-8 Limitation of cost.

LIMITATION OF COST (DECEMBER 1970)

(a) It is estimated that the total cost to the Government, exclusive of fixed fee, for the performance of this contract will not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use his best efforts to perform the work specified in the Schedule, and all obligations under this contract within such estimated cost. If at any time the Contractor has reason to believe that the cost which he expects to incur in the performance of this contract in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed seventy-five percent (75%) of the estimated cost then set forth in the Schedule or if at any time, the Contractor has reason to believe that the total cost to the Government, exclusive of any fixed fee, for the performance of this contract will be substantially greater or less than the then estimated cost thereof, the Contractor shall notify the Contracting Officer in writing to that effect, giving the revised estimate of such total cost for the performance of this contract.

(b) The Government shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the Schedule, and the Contractor shall not be obligated to continue performance under the contract or to incur costs in

excess of the estimated cost set forth in the Schedule, unless and until the Contracting Officer shall have notified the Contractor in writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of performance of this contract. When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of such estimated cost prior to the increase in estimated cost shall be allowable to the same extent as if such costs had been incurred after such increase in estimated cost. § 7-7.5001-9 Allowable cost, fixed fee and payment.

ALLOWABLE COST, FIXED FEE AND PAYMENT (SEPTEMBER 1974)

(a) For the performance of this contract, the Government shall pay to the Contractor:

(1) The cost thereof (hereinafter referred to as "allowable cost") determined by the Contracting Officer to be allowable in accordance with:

(1) Subpart 1-15.2 (Principles and Procedures for Use in Cost Reimbursement Type Supply and Research Contracts with Commercial Organizations) of the Federal Procurement Regulations as in effect on the date of this contract; and

(ii) The terms of this contract; and

(2) Such fixed fee, if any, as may be provided for the Schedule.

(b) Once each month (or at more frequent intervals, if approved by the paying office indicated on the Cover Page), the Contractor may submit to such office Voucher Form SF-1034 (original) and SF-1034(a) three copies, each voucher identified by the appropriate A.I.D. contract number properly executed, in the amount of dollar expenditures made during the period covered, which voucher forms shall be supported by:

(1) Original and two copies of a certified fiscal report rendered by the Contractor in the form and manner satisfactory to A.I.D. substantially as follows:

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The undersigned hereby certifies: (1) That payment of the sum claimed under the cited contract is proper and due and that appropriate refund to A.I.D. will be made promptly upon request of A.I.D. in the event of nonperformance, in whole or in part, under the contract or for any breach of the terms of the contract, (2) that information on the fiscal report is correct and such detailed supporting information as A.I.D. may require will be furnished at the Contractor's home office or base office as appropriate promptly to A.I.D. on request and (3) that all requirements called for by the contract to the date of this certification have been met.

By Title

Date___

(3) In certain cases, the Contracting Officer may require the Contractor to submit, in lieu of the certified fiscal report required in subparagraph (b) (1) above, detailed documentation in support of Contractor requests for reimbursement. However, such detailed documentation shall be submitted in support of Contractor requests for reimbursement under all contracts in which the total contract amount is $50,000 or less, and may be required by the Contracting Officer under contracts in which the total contract amount is in excess of $50,000; provided, however, that if the Contractor has a contract in excess of $50,000 for which a fiscal report is required, then all contracts which he may have shall be supported in the same manner. The detailed documentation shall include the following:

(1) Copy of Contractor's payroll indicating names, pay rates and pay periods with regard to salaries, fees and any related allowances paid Contractor's employees and consultants.

(ii) Statement of itinerary and originals or copies of carriers' receipts for employee's and dependents' transportation costs. Travel allowances must be stated separately.

(iii) Receipted supplier's invoices for cost of commodities, equipment and supplies, insurance and other items. Invoices must show quantity, description and price (less applicable discounts and purchasing agents commission). Individual transactions under $100.00 may be supported by an itemized listing containing the numbers of the Contractor's checks used to make payment. Delivery of supplies and equipment to appropriate destination must be supported by copy or photostat of bill of lading, airways bill or parcel post receipt. Voucher SF-1034 or SF1036, as appropriate, must state whether or not items procured by Contractor were procured through advertising.

(iv) Receipted invoice of transporter showing name of vessel, flag and transportation charge for transportation of supplies or equipment, plus copy or photostat of ocean or charter party bill of lading or airway bill if applicable. No invoice is required

if the bill of lading contains all the required information.

(4) The Contractor shall submit a vendor's invoice or photostat covering each transaction for procurement of commodities, supplies or equipment totaling in excess of $2,500 appropriately detailed as to quantity, description and price for each individual item of equipment purchased.

(5) The Contractor shall submit a Supplier's Certificate, A.I.D. Form 282, in triplicate, executed by the vendor for each transaction in excess of $2,500.

(c) Promptly after receipt of each voucher and statement of dollar cost, the Government shall, except as otherwise provided in this contract, subject to the provisions of (d) below, make payment thereon as approved by the paying office indicated on the Cover Page. Payment of the fixed fee, if any, shall be made to the Contractor as specified in the Schedule; provided, however, that after payment of eighty-five percent (85%) of the fixed fee set forth in the Schedule, further payment on account of the fixed fee shall be withheld until a reserve of either fifteen percent (15%) of the total fixed fee, or one hundred thousand dollars ($100,000), whichever is less, shall have been set aside.

(d) At any time or times prior to final payment under this contract, the Contracting Officer may have the vouchers and statements of cost audited. Each payment theretofore made shall be subject to reduction for amounts included in the related voucher which are found by the Contracting Officer on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for overpayments, or increased for underpayments, on preceding vouchers.

(e) On receipt and approval of the voucher designated by the Contractor as the "final voucher" (which is to be submitted on Form SF-1034 (original) and SF-1034(a) in three copies and supported by:

(1) Original and two copies of a certified fiscal report rendered by the Contractor as in (b) (1) and (2) above;

(2) Vendor's invoices as in (b)(3) or (b) (4) above;

(3) Supplier's Certificate as in (b) (5) above; and

(4) Refund check for the balance of funds if any remaining on hand and not obligated by the Contractor), and upon compliance by the Contractor with all provisions of this contract (including, without limitation, the provisions relating to patents and the provisions of (f), (g) and (h) below), the Government shall promptly pay to the Contractor any balance of allowable dollar cost, and any part of the fixed fee, which has been withheld pursuant to (d) above or otherwise not paid to the Contractor. The completion voucher shall be submitted by the Contractor promptly following completion of the work under this contract but in no event later than one hundred and twenty (120) days (or such longer period as the Contracting Officer may in his dis

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