the employee and authorized dependents are physically qualified to reside in the country to which the employee is recommended for duty. If 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 nine months or onehalf 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) Contractor shall not be reimbursed for the return transportation costs of the physically disabled employee and his dependents and any other persons required to return because of such disability; and (ii) Contractor shall require all employees and dependents who are returning to their post of assignment after a period of home leave to be examined by a licensed doctor of medicine as required in this paragraph (1). (2) End of tour. Contractor is authorized to provide its regular employees and dependents with physical examinations upon completion of their regular tours of duty. (e) Conformity to laws and regulations of cooperating country. Contractor agrees to use its best efforts to assure that its personnel, while in the Cooperating Country, will abide by all applicable laws and regulations of the Cooperating Country and political subdivisions thereof. (f) 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 by Contractor employees and their dependents in the Cooperating Country shall be subject to the same limitations and prohibitions which apply to U.S. Nationals employed by the Mission. (g) Conflict of interest. Other than work to be performed under this contract for which an employee or consultant is assigned by the Contractor, no regular or short term employee or consultant of the Contractor shall engage, directly or indirectly, either in his 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 is assigned. (h) 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 departure from a foreign country or a particular foreign locale. [37 FR 3804, Feb. 23, 1972, as amended at 38 FR 28674, Oct. 16, 1973] § 7-7.5002-7 Differentials and allow ances. DIFFERENTIAL AND ALLOWANCES (SEPT. 1974) (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 Payments") 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 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 post of assignment for purposes of home leave. Short-term employees appointed to serve at least 90 days shall be entitled to post differential beginning with the fortythird (43rd) day at post retroactive to the date of arrival at post. (b) Living quarters allowance. Living quarters allowance is an allowance granted to reimburse an employee for substantially all of his cost for either temporary or resi dence quarters whenever Government-owned or Government-rented quarters are not provided to him at his 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 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. (c) 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 family for a period not in excess of (1) 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 be reimbursed for payments made to employees and authorized dependents for temporary lodging allowance, 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. (d) 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 or quarters costs, is substantially higher than in Washington, D.C. The Contractor will be reimbursed for payments made to employees for post allowance 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. (e) Supplemental post allowance. Supplemental post allowance is a form of post allowance granted to an employee at his post when it is determined that assistance is necessary to defray extraordinary subsistence costs. The Contractor will be reimbursed for payments made to employees for supplemental post allowance not to exceed the amount set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 230, as from time to time amended. (f) Educational allowance. Educational allowance is an allowance to assist an employee in meeting the extraordinary and necessary expenses, not otherwise compensated for, incurred by reason of his service in a foreign area in providing adequate elementary and secondary education for his children. The Contractor will be reimbursed for payments made to regular employees for educational allowances for their dependent children in amounts not to exceed those set forth in the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 270, as from time to time amended. (g) Educational travel. Educational travel is travel to and from a school in the United States for secondary education (in lieu of an educational allowance) and for college education. The Contractor will be reimbursed for payments made to regular employees for educational travel for their dependent children provided such payment does not exceed that which would be payable in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 280, as from time to time amended. Educational travel shall not be authorized for regular employees whose assignment is less than two years. maintenance (h) Separate allowance. Separate maintenance allowance is an allowance to assist an employee who is compelled, by reason of dangerous, notably unhealthful, or excessively adverse living conditions at his post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining his dependents elsewhere than at such post. The Contractor will be reimbursed for payments made to regular employees for a separate maintenance allowance not to exceed that made to AID employees in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 260, as from time to time amended. (1) 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 be reimbursed for payments made to employees and authorized dependents evacuated from their post of assignment in accordance with the Standardized Regulations (Government Civilians, Foreign Areas), Chapter 600, and the United States Federal Travel Regulations, as from time to time amended. [39 FR 21130, June 19, 1974] § 7-7.5002-8 Conversion of U.S. dollars to local currency. CONVERSION OF UNITED STATES DOLLARS TO LOCAL CURRENCY (DECEMBER 1970) Upon arrival in the Cooperating Country, and from time to time as appropriate, the Contractor's Chief of Party shall consult with the Mission Director who shall provide, in writing, the procedure the Contractor and his employees shall follow in the conversion of United States dollars to local currency. This may include, but is not limited to, the conversion of said currency through the cognizant United States Disbursing Officer or Mission Controller, as appropriate. § 7-7.5002-9 training. Orientation and language ORIENTATION AND LANGUAGE TRAINING (a) Regular employees shall receive a maximum of two weeks A.I.D. orientation before travel overseas. The dates of orientation shall be selected by the Contractor and approved by the Contracting Officer from the orientation schedule provided by A.I.D. (b) As either set forth in the Contract Schedule, or provided in writing by the Contracting Officer, the following may be authorized taking into consideration specific job requirements, an employee's prior overseas experience, or unusual circumstances, in connection with orientation of individual Contractor employees: (1) Modified orientation. (3) Orientation for regular employee's dependents at Contract expense. (4) Contractor-sponsored orientation program. (5) Waiver or orientation for individual Contractor employees. (c) Transportation costs and travel allowances not to exceed one round trip from regular employee's residence to place of orientation and return will be reimbursed, pursuant to the provisions of the clause of this Contract entitled "Travel and Transportation Expenses", if the orientation is more than 50 miles from the regular employee's residence. Allowable salary costs during the period of orientation are also reimbursable. (d) Contractor employee participation in A.I.D. orientation does not in any way relieve the Contractor of his responsibility for assuring that the employee is properly oriented in all matters related to the administrative, logistical, and technical aspects of his movement to, and tour of duty in, the Cooperating Country as provided for elsewhere in this Contract. § 7-7.5002-10 compensation, private automobiles, marine and air cargo. INSURANCE-WORKMEN'S COMPENSATION, PRIVATE AUTOMOBILES, MARINE AND AIR CARGO (SEPTEMBER 1974) (a) Workmen's compensation insurance. (1) The Contractor shall provide and thereafter maintain workmen's compensation insurance as required by United States Public Law 208, 77th. Congress, as amended (42 U.S.C. 1651 et seq.), with respect to and prior to the departure for overseas employment under this contract of all employees who are hired in the United States or who are American citizens or bona fide residents of the United States. (2) The Contractor shall further provide for all employees who are nationals or permanent residents of the country in which services are being rendered, if the contract authorizes their employment, security for compensation benefits pursuant to the applicable law of such country or injury or death in the course of such employment, or in the absence of such law, employer's liability insurance. For all other authorized employees not hired in the United States or who are not American citizens or bona fide residents of the United States, Contractor shall provide the necessary employer's liability insurance. (3) The Contractor agrees to insert the provisions of this clause, including this paragraph (3), in all subcontracts or subordinate contracts hereunder except subcontracts or subordinate contracts exclusively for furnishing materials or supplies. (4) The Contractor agrees, as evidence of compliance with (1), (2), and (3) above, to provide the Contracting Officer within a reasonable period of time after the effective date of this contract with a copy of the actual insurance policy indicating the coverage provided for employees assigned by the Contractor to overseas employment under this contract and the Contractor agrees to provide the Contracting Officer with a similar copy of the insurance policy within a reasonable time after each renewal of this coverage, so long as this contract remains in effect. All such insurance policies shall be subject to the written approval of the Contracting Officer prior to reimbursement by A.I.D. to the Contractor of the costs thereof. (5) The Contractor further agrees to provide the Contracting Officer with three copies of Department of Labor Form BEC-239-1 or US-240 "Certificate That Employer Has Secured Payment of Compensation", herein identified as a "Certificate of Compliance". The Contractor can obtain this Certificate from the insurance carrier through the Deputy Commissioner, Bureau of Employees' Compensation, Department of Labor, for appropriate Compensation District. (b) Insurance on private automobiles. If Contractor or any of its employees or their dependents transport or cause to be transported (whether or not at contract expense) privately owned automobiles to the Cooperating Country, or they or any of them purchase an automobile within the Cooperating Country, Contractor agrees to make certain that all such automobiles 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 United States dollars or its equivalent in the currency of the Cooperating Country: injury to persons, $10,000/ $20,000; property damage, $5,000. 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 automobiles are operated within the Cooperating Country. The premium costs for such insurance shall not be a reimbursable cost under this contract. (c) Marine and air cargo insurance. Contractor may obtain cargo insurance on equipment, materials, and supplies procured under this contract only after obtaining the prior written approval of the Contracting Officer. [37 FR 3804, Feb. 23, 1972, as amended at 39 FR 21131, June 19, 1974] this contract and for advising A.I.D. regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional and technical details of the work called for by the contract, he shall be under the general policy guidance of the Mission Director and shall keep the Mission Director currently informed of the progress of the work under the contract. § 7-7.5002-14 Notice of changes in reg. ulations. NOTICE OF CHANGES IN REGULATIONS Changes in allowances shall be effective 30 days after the effective date of such changes for A.I.D. direct-hire employees or on the date of notice, whichever is later. Notice of changes shall be sufficient as provided in the Clause of this contract entitled "Notices". § 7-7.5002-15 Transportation and Storage Expenses. TRANSPORTATION AND STORAGE EXPENSES (a) Transportation of Motor Vehicles, Personal Effects and Household Goods. Transportation, including packing and crating costs, will be paid for shipping from the point of origin in the United States (or other location as approved by the Contracting Officer) to post of duty in the Cooperating Country and return to point of origin in the United States (or other location as approved by the Contracting Officer): (1) Of one privately-owned vehicle for each regular employee, (2) Of personal effects of travelers, and (3) Of household goods of each regular employee not to exceed the limitations: following § 7-7.5002-13 CONTRACTOR-MISSION RELATIONSHIPS (DECEMBER 1970) Contractor acknowledges that this contract is an important part of the United States Foreign Assistance Program and agrees that Contractor's operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibilities which this entails. The Mission Director is the chief representative of A.I.D. in the Cooperating Country. In this capacity, he has responsibility for the total A.I.D. program in the Cooperating Country including certain administrative responsibilities set forth in NOTE. For the purpose of this clause, "net weight" and "gross weight" are defined and determined in accordance with the provisions of § 162.1 of the Uniform State/ AID/USIA Foreign Service Travel Regulations. The cost of transporting motor vehicles and household goods shall not exceed the cost of packing, crating and transportation by surface. In the event that the carrier does not require boxing or crating of motor vehicles for shipment to the Cooperating Country, the cost of boxing or crating is not reimbursable. The transportation of a privately-owned motor vehicle for a regular employee may be authorized by the Contractor, as replacement of the last such motor vehicle shipped under this Contract for such employee when the Mission Director or his designee determines in advance and so notifies the Contractor in writing, that the replacement is necessary for reasons not due to the negligence or malfeasance of the regular employee. The determination shall be made under the same rules and regulations that apply to Mission employees. (b) Unaccompanied baggage. The Contractor will be reimbursed for costs of shipment of unaccompanied baggage (in addition to the weight allowance above for household effects) not to exceed the following: This unaccompanied baggage may be shipped as air freight by the most direct route between authorized points of origin and destination regardless of the modes of travel used. Unaccompanied baggage is considered to be those personal belongings needed by the traveler immediately upon arrival at destination. To permit the arrival of effects to coincide with the arrival of regular employees and dependents, consideration should be given to advance shipments of unaccompanied baggage. The foregoing provision concerning "unaccompanied baggage" is also applicable to home leave travel. The foregoing provision "unaccompanied baggage" is also applicable to short-term employees when these are authorized by the terms of this Contract. (c) Storage of household effects. The cost of storage charges (including packing, crating and drayage costs) in the U.S. of household goods of regular employees will be permitted in lieu of transportation of all or any part of such goods to the Cooperating Country under paragraph (a) above: Provided, That the total amount of household goods shipped to the Cooperating Country and stored in the U.S. shall not exceed 4,500 pounds net for each regular employee without dependents in the Cooperating Country and 7,500 pounds net for each regular employee with dependents in the Cooperating Country. (d) Limitation on transportation.-(1) International Air Transportation. All international air shipments under this contract shall be made on U.S. flag carriers unless shipment would, in the judgment of the Contractor, be delayed unreasonably awaiting a U.S. carrier either at point of origin or transshipment: Provided, That the Contractor certifies to the facts in the vouchers or other documents retained as part of the contract record to support his claim for reimbursement and for post audit by AID. (2) International Ocean transportation. All international ocean transportation of persons and things which is to be reimbursed in U.S. dollars under this contract shall be by U.S. flag vessels to the extent they are available. (i) Transportation of things. Where U.S. flag vessels are not available, or their use would result in a significant delay, the Contractor may obtain a release from this requirement from the Transportation Division, Agency for International Development, Washington, D.C. 20523, or the Mission Director, as appropriate, giving the basis for the request. (ii) Transportation of persons. Where U.S. flag vessels are not available, or their use would result in a significant delay, the Contractor may obtain a release from this requirement from the Contracting Officer or the Mission Director, as appropriate. (3) Transportation of foreign-made motor vehicles. Reimbursement of the costs of transporting a foreign (non-U.S.) made motor vehicle will be made in accordance with the provisions of the Uniform State/ AID/USIA Foreign Service Travel Regulations, as from time to time amended. (4) Reduced rates on U.S. flag carriers. Reduced rates on United States flag carriers are in effect for shipments of household goods and personal effects of AID contract personnel. These reduced rates are available: Provided, The shipper states on the bill of lading that the cargo is "Personal property-not for resale-payment of freight charges is at U.S. Government (AID) expense and any special or diplomatic discounts accorded this type cargo are applicable." The Contractor will not be reimbursed for shipments of household goods or personal effects in amounts in excess of the reduced rates available in accordance with the foregoing. [39 FR 21132, June 19, 1974] § 7-7.5003 Clauses to be used when applicable. § 7-7.5003-1 Alterations in Contract. ALTERATIONS IN CONTRACT (DECEMBER 1970) The following alterations have been made in the provisions of this contract. § 7-7.5003-2 Care of Laboratory Animals. Insert the following clause in applicable contracts to be performed in the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States: CARE OF LABORATORY ANIMALS (a) Before undertaking performance of any contract involving the use of laboratory animals, the Contractor shall register with |