The term "contract(s)" includes "delivery order(s)"; "hour(s)", or "hourly" may be calculated in terms of "day(s)" or "daily (8 hours)" and "materials" includes "other direct costs".

[50 FR 11450, Apr. 3, 1986]

752.232-70 Letter of Credit Advance Payment.

As required by 732.406.70-4, insert the following clause in contracts being paid by Letter of Credit.

LETTER OF CREDIT ADVANCE PAYMENT (AUG. 1984)

(a) Payment under this contract shall be by means of a Letter of Credit (LOC) in accordance with the terms and conditions of the LOC and any instructions issued by the AID Office of Financial Management, Program Accounting and Finance Division (M/ FM/PAFD).

(b) As long as the LOC is in effect, the terms and conditions of the LOC and any instructions issued by M/FM/PAFD constitute the payment conditions of this contract, superseding and taking precedence over any other clause of this contract concerning payment.

(c) If the LOC is revoked, payment may be made on a cost-reimbursement basis, in accordance with the other clauses of this contract concerning payment.

(d) Revocation of the LOC is at the discretion of M/FM PAFD after consultation with the contracting officer. Notification to the contractor of revocation must be in writing and must specify the reasons for such action. The contractor may appeal any such revocation to the contracting officer, in accordance with the Disputes clause of this contract. Pending final decision, payments under the contact will be in accordance with paragraph (c) of this clause.

[49 FR 13259. Apr. 3. 1984, as amended at 49 FR 33668, Aug. 24, 1984]

either prior to or during the performance of this contract by any U.S. Government accountable officer to the contractor for use in connection with performance of this contract and identified by such officer as accountable. The term "government property", wherever it may appear in the following clause, shall mean government-furnished property and non-expendable personal property title to which vests in the US. Government under this contract. Non-expendable property, for purposes of this contract, is defined as property which is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and which has a unit cost of more than $500.

Reporting Requirement, to be inserted following the text of the FAR clause.

Reporting Requirements: The contractor will submit an annual report on all non-expendable property in a form and manner acceptable to AID substantially as follows.

PROPERTY INVENTORY VERIFICATIONS

I attest that (1) physical inventories of Government property are taken not less frequently than annually; (2) the accountability records maintained or Government property in our possession are in agreement with such inventories; and (3) the total of the detailed accountability records maintained agrees with the property value shown opposite line C above, and the estimated average age of each category of property is as cited opposite line D above.

Authorized Signature

752.245-71 Title to and Care of Property. It is AID policy to vest title with the cooperating country for contractor acquired property used in a cooperating country. The following clause is for use in all AID contracts under which the contractor will acquire property for use overseas under the contract.

TITLE TO AND Care of Property (Apr. 1984)

(a) Title to all non-expendable property purchased with contract funds under this contract and used in the Cooperating Coun. try, shall at all times be in the name of the Cooperating Government, or such public or private agency as the Cooperating Government may designate, unless title to specified types or classes of non-expendable property is reserved to AID under provisions set forth in the schedule of this contract; but all such property shall be under the custody and control of Contractor until the owner of title directs otherwise, or completion of work under this contract or its termination, at which time custody and control shall be turned over to the owner of title or disposed of in accordance with its instructions. All performance guaranties and warranties obtained from suppliers shall be taken in the name of the title owner. (Non-expendable property is property which is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and which has a unit cost of $500 of more.)

(b) Contractor shall prepare and establish a program, to be approved by the Mission, for the receipt, use, maintenance, protec. tion, custody, and care of non-expendable property for which it has custodial responsibility, including the establishment of reasonable controls to enforce such program.

(c)1) For non-expendable property to which title is reserved to the U.S. Government under provisions set forth in the schedule of this contract, Contractor shall submit an annual report on all non-expendable property under its custody as required

in the clause of this contract entitled "Government Property".

(2) For non-expendable property titled to the Cooperating Government, the Contractor shall, within 90 days after completion of this contract, or at such other date as may be fixed by the Contracting Officer, submit an inventory schedule covering all items of non-expendable property under its custody. which have not been consumed in the performance of this contract. The Contractor shall also indicate what disposition has been made of such property.

Subpart 752.70-Texts of AID Contract Clauses

752.7000 Scope of subpart.

Subpart 752.70 contains the text of AID-specific contract clauses for

which there is no FAR equivalent. The clauses in this Subpart do not apply to contracts for personal services. For personal service contract clauses see AIDAR Appendix D-Direct AID Contracts with U.S. Citizens or U.S. Residents for Personal Services Abroad.

752.7001 Biographical data.

This clause is required in all AID contracts.

BIOGRAPHICAL Data (Apr. 1984)

(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) any employees designated as "key personnel", such as the campus coordinator, etc. Biographical data on the other individuals employed under the contract shall be available for review by AID at the Contractor's headquarters.

(b) Emergency locator information. The Contractor agrees to provide the following information to the Mission Administrative Officer on or before the arrival in the host country of every contract employee or dependent:

(1) The individual's full name, home address, and telephone number.

(2) The name and number of the contract, and whether the individual is an employee or dependent.

(3) The contractor's name, home office address, and telephone number, including any after-hours emergency number(s), and the name of the contractor's home office staff member having administrative responsibility for the contract.

752.200

752 7010 Conversion of US Dollars to Local Currency.

752 7011 Orientation and Language Train

ing

Sec.

752.7020 Organizational Conflicts of Interest.

752.7021 Changes in Tuition and Fees

752 7022 Conflicts Between Contract and Catalog.

752.7023 Required Visa Form for AID Par

ticipants.

752.7024 Withdrawal of Students.

752.7025 Approvals.

752.7026 Reports.

752.7027

752.7028

Personnel.

Differentials and Allowances.

752.7029 Post privileges.

752.7030 Inspection Trips by Contractor's Officers and Executives.

752.7031 Leave and Holidays.

Subpart 752.3-70-AID Clause Matrices—

[Reserved]

AUTHORITY Sec. 621. Pub. L. 87 195, 75 Stat. 445, (22 U.S.C. 2381) as amended. EO 12163, Sept. 29, 1979, 44 FR 56673, 3 CFR 1979 Comp., p. 435.

SOURCE 49 FR 13259, Apr. 3, 1984, unless otherwise noted.

Subpart 752.2-Texts of Provisions and Clauses

752.200 Scope of subpart.

None of the clauses specified in this subpart are for use in AID personal services contract. For personal services contract clauses, see AIDAR Appendix D-Direct AID Contracts with U.S. Citizens or U.S. Residents for Personal Services Abroad.

149 FR 13259. Apr 3 1984, as amended at 51 FR 11450, Apr 3, 1986, 51 FR 12706, Apr 15, 1986]

(a) As prescribed in 702.270 and in

Research Subject.

752 7013 Contractor-Mission

ships.

Relation

752 7014 Notice of Changes in Travel Regulations

752.7015 Use of Pouch Facilities

752 7016 Family Planning and Population Assistance Activities

752 7017 Local Cost Financing With US. Dollars

752 7018 Health and Accident Coverage for

AID Participant Trainees

752 7019 Participant Training

the Definitions clause in FAR 52.202-1 and its Alternate I. as appropriate, and the following additional definitions.

(b) Alternate 70. For use in all AID contracts. Use in addition to the clause in FAR 52.202-1.

AID DEFINITIONS CLAUSE GEneral SuppleMENT FOR USE IN ALL AID CONTRACTS (APL. 1984)

(a) "AID" shall mean the Agency for International Development

(b) "Administrator" shall mean the Administrator or the Deputy Administrator of AID.

(c) When this contract is with an educational institution "Campus Coordinator" shall mean the representative of the Contractor at the Contractor's home institution, who shall be responsible for coordinating the activities carried out under the contract.

(d) When this contract is with an educational institution "Campus Personnel" shall mean representatives of the Contractor performing services under the contract at the Contractor's home institution and shall include the Campus Coordinator.

(e) "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.

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

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

(h) "Cooperating Government" shall mean the government of the Cooperating Country.

(i) "Economy class" air travel (also known as jet economy, air coach, tourist class, etc.) shall mean a class of air travel which is less than first class.

(j) "Federal Acquisition Regulations (FAR)", when referred to herein shall include Agency for International Development Acquisition Regulations (AIDAR).

(k) "Government" shall mean the United States Government.

(1) "Mission" shall mean the United States AID Mission to, or principal AID office in, the Cooperating Country.

(m) "Mission Director" shall mean the principal officer in the Mission in the Cooperating Country, or his/her designated representative.

(c) Alternate 71. For use in AID contracts with an educational institution for participant training. Use in addition to the clauses in FAR 52.202-1 and in 752.202-1(b) of this chapter. AID DEFINITIONS CLAUSE-SUPPLEMENT FOR CONTRACTS WITH AN EDUCATIONAL INSTITUTION FOR PARTICIPANT TRAINING (APR. 1984)

(a) “Catalog" shall mean any medium by which the Institution publicly announces terms and conditions for enrollment in the Institution, including tuition and fees to be charged. This includes "bulletins," "announcements." or any other similar word the Institution may use.

(b) "Director" shall mean the individual who fills the AID position of Director, Office of International Training, or his/her authorized representative acting within the limits of his/her authority. (c) "Fees" shall mean those applicable charges directly related to enrollment in the Institution. This shall not include any permit charge (e.g.. parking, vehicle registration), or charges for services of a personal nature (e.g., food, housing, laundry) unless specifically called for in this contract.

(d) "Institution" shall mean the educational institution providing services hereunder. The terms "Institution" and "Contractor" are synonymous.

(e) "Tuition" shall mean the amount of money charged by an institution for instruction, not including fees as described in this section.

(d) Alternate 72. For use in all AID contracts which involve any performance overseas. Use in addition to the clauses in FAR 52.202-1 and in 752.202-1(b) of this chapter.

AID DEFINITIONS CLAUSE-SUPPLEMENT FOR AID CONTRACTS INVOLVING PERFORMANCE OVERSEAS (DEC. 1986)

(a) "Contractor's Chief of Party" shall mean the representative of the Contractor in the Cooperating Country who shall be responsible for supervision of the performance of all duties undertaken by the Contractor in the Cooperating Country.

(b) "Cooperating Country National (CCN) employee" means an individual who meets the citizenship requirements of 48 CFR 702.170-5 and is hired while residing outside the United States for work in a cooperating country.

(c) "Dependents" shall mean: (1) Spouse;

(2) Children (including step and adopted children) who are unmarried and under 21 years of age or, regardless of age, are incapable of self support.

(3) Parents (including step and legally adoptive parents), of the employee or of the spouse, when such parents are at least 51 percent dependent on the employee for support; and

(4) Sisters and brothers (including step or adoptive sisters or brothers) of the employee, or of the spouse, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age, or regardless of age, are incapable of self support.

(d) "Local currency" shall mean the currency of the Cooperating Country.

(e) "Regular employee" shall mean a Contractor employee appointed to serve one year or more in the Cooperating Country.