LEAVE AND HOLIDAYS (Apr. 1984)

(a) Vacation Leave.

(1) The Contractor may grant to his employees working in the United States under this contract vacations of reasonable duration, but not to exceed the Contractor's oncampus policy and practice for its employ

ees.

(2) Reimbursement to the Contractor for vacation leave is limited to the amount earned by the employees while serving under this contract.

(b) Sick Leave. The Contractor may grant to Contractor employees working in the United States, sick leave at a rate not exceeding its usual on-campus practice. However, reimbursement for sick leave taken under this Contract is limited to the amount earned by the employee while serving under this Contract.

(c) Military Leave. Military leave of not more than 15 calendar days in any calendar year may be granted in accordance with the Contractor's usual on-campus practice to each regular employee who is a reservist of the Armed Forces, provided that such military leave has been approved in advance by the Mission Director or the Contracting Officer.

(d) Leave Records. The Contractor shall maintain current leave records for all Contractor employees and make them available. as requested by the Mission Director or the Contracting Officer.

(e) Holidays. While serving in the United States, contractor employees shall be entitled to holidays in accordance with the contractor's established on-campus policy and practice.

(c) Alternate 72. For use in AID cost reimbursement contracts (except contracts with educational institutions) performed in whole or in part overseas (use in addition to Alternate 70).

LEAVE AND HOLIDAYS (APR. 1984)

(b) Vacation leave overseas.

(1) The Contractor may grant to its employees working overseas under this contract, vacations of reasonable duration in accordance with the Contractor's practice for its employees, but in no event shall such vacation leave be earned at a rate exceeding twenty-six (26) work days per annum. Vacation leave is provided under this contract primarily for purposes of affording necessary rest and recreation to regular employees during their tour of duty in the Cooperating Country. The Contractor's Chief of Party, the employee and the Cooperating Country institution associated with this project shall develop vacation leave schedules early in the employee's tour of duty taking into consideration project require

ments, employee preference and other factors.

(2) Leave taken during the concluding weeks of an employee's tour shall be included in the established leave schedule and be limited to that amount of leave which can be earned during a twelve month period unless approved in accordance with paragraph (a)(3) of this clause.

(3) Vacation leave earned but not taken by the end of the employee's tour pursuant to paragraphs (a) (1) and (2) of this clause will be forfeited, unless the requirements of the project precluded the employee from taking such leave and the Contracting Officer, with the endorsement of the Mission, approves one of the following as an alternative:

(i) Taking, during the concluding weeks of the employee's tour, leave not permitted under (a)(2) of this clause, or

(ii) Lump-sum payment for leave not taken provided such leave does not exceed the number of days which can be earned by the employee during a twelve month period.

(c) Sick Leave. Sick leave is earned by reg. ular and short-term employees in accordance with the Contractor's usual practice but not to exceed 13 work days per annum or 4 hours every 2 weeks. Additional sick leave after use of accrued vacation leave may be advanced in accordance with Contractor's usual practice, if in the judgment of the Contractor's Chief of Party it is determined that such additional leave is in the best interest of the project. In no event shall such additional leave exceed 30 days. The Contractor agrees to reimburse AID for leave used in excess of the amount earned during the employee's assignment under this contract. Sick leave earned and unused at the end of a regular tour of duty may be carried over to an immediately succeeding tour of duty under this contract. The taking of authorized home leave shall not constitute a break in service for the purpose of sick leave carry-over. Contractor employees will not be compensated for unused sick leave at the completion of their duties under this Contract.

(d) Home leave.

(1) Home leave is leave earned for service abroad for use only in the United States, in the Commonwealth of Puerto Rico, or in the possessions of the United States.

(2) A regular employee who is a U.S. citizen or resident and has served at least 2 years overseas, as defined in paragraph (d)(4) of this clause, under this contract and has not taken more than 30 workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home leave of not more than 15 calendar days for each such year of service overseas: Provided, That such regular employees agree to return overseas upon completion of home

leave under an additional 2 year appointment, or for such shorter period of not less than 1 year of overseas service under the contract as the Mission Director may approve in advance. Home leave must be taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States and any days spent elsewhere will be charged to vacation leave or leave without pay.

(3) Notwithstanding the requirement in paragraph (d)(2), of this clause, that the Contractor's regular employee must have served 2 years overseas under this contract to be eligible for home leave, Contractor may grant advance home leave to such regu lar employee subject to all of the following conditions:

(i) Granting of advance home leave would in each case serve to advance the attainment of the objectives of this contract;

(ii) The regular employee shall have served a minimum of 18 months in the Cooperating Country on his/her current tour of duty under this contract; and

(iii) The regular employee shall have agreed to return to the Cooperating Country to serve out the reminder of his/her current tour of duty and an additional 2 year appointment under this contract, or such other additional appointment of not less than 1 year of overseas service as the Mission Director may approve.

(4) The period of service overseas required under paragraph (d)(2), or paragraph (d)(3) of this clause, shall include the actual days in orientation in the United States (less lan

guage training) and the actual days overseas beginning on the date of departure from the United States port of embarkation on international travel and continuing, inclusive of authorized delays en route, to the date of arrival at the United States port of debarkation from international travel. Allowable vacation and sick leave taken while overseas, but not leave without pay, shall be included in the required period of service overseas. An amount equal to the number of days vacation and sick leave taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States will be added to the required period of service overseas.

(5) Salary during travel to and from the United States for home leave will be limited to the time required for travel by the most expeditious air route. The Contractor will be responsible for reimbursing AID for salary payments made during home leave, if in spite of the undertaking of the new appointment, the regular employee, except for reasons beyond his her control as determined by the Contracting Officer, does not return overseas and complete the additional required service. Unused home leave is not reimbursable under this contract.

(6) To the extent deemed necessary by the Contractor, regular employees in the United States on home leave may be authorized to spend not more than 5 days in work status for consultation at home office or at AID Washington before returning to their post of duty. Consultation at locations other than AID/Washington or home office. as well as any time in excess of 5 days spent for consultation, must be approved by the Mission Director or the Contracting Officer

(7) Except as provided in the schedule or approved by the Mission Director or the Contracting Officer, home leave is not authorized for TCN or CCN employees.

(e) Holidays. Holidays for Contractor em ployees serving overseas should take into consideration local practices and shall be established in collaboration with the Mission Director.

(1) Military leave. Military leave of not more than 15 calendar days in any calendar year may be granted in accordance with the Contractor's usual practice to each regular employee whose appointment is not limited to 1 year or less and who is a reservist of the United States Armed Forces, provided that such military leave has been approved in advance by the cognizant Mission Director or Assistant Administrator. A copy of any such approval shall be provided to the Contracting Officer.

(d) Alternate 73. For use in AID cost reimbursement contracts with an educational institution, to be performed in whole or in part overseas (use in addition to Alternate 71).

LEAVE AND HOLIDAYS (APR. 1984)

(d) Vacation leave overseas.

(1) The Contractor may grant to its employees working overseas under this contract, vacations of reasonable duration in accordance with the Contractor's on-campus practice for its employees, but in no event shall such vacation leave be earned at a rate exceeding twenty-six (26) work days per annum. Vacation leave is provided under this contract primarily for purposes of affording necessary rest and recreation to reg ular employees during their tour of duty in the Cooperating Country. The Contractor s Chief of Party, the employee and the Cooperating Country institution associated with this project shall develop vacation leave schedules early in the employee's tour of duty taking into consideration project requirements, employee preference and other factors.

(2) Leave taken during the concluding weeks of an employee's tour shall be includ. ed in the established leave schedule and be limited to that amount of leave which can be earned during a twelve month period

unless approved in accordance with paragraph (a)(3) of this clause.

(3) Vacation leave earned but not taken by the end of the employee's tour pursuant to paragraphs (a) (1) and (2) of this clause will be forfeited, unless the requirements of the project precluded the employee from taking such leave and the Contracting Officer, with the endorsement of the Mission, approves one of the following as an alternative:

(i) Taking, during the concluding weeks of the employee's tour, leave not permitted under (a)(2) of this clause or

(ii) Lump-sum payment for leave not taken provided such leave does not exceed the number of days which can be earned by the employee during a twelve month period.

(e) Sick leave. Sick leave is earned by regular and short-term employees in accordance with the Contractor's usual on-campus practice but not to exceed 13 workdays per annum or 4 hours every 2 weeks. Additional sick leave after use of accrued vacation leave may be advanced in accordance with Contractor's usual practice, if in the judg ment of the Contractor's Chief of Party it is determined that such additional leave is in the best interest of the project. In no event shall such additional leave exceed 30 days. The Contractor agrees to reimburse AID for leave used in excess of the amount earned during the employee's assignment under this contract. Sick leave earned and unused at the end of a regular tour of duty may be carried over to an immediately succeeding tour of duty under this contract. The taking of authorized home leave shall not constitute a break in service for the purpose of sick leave carry-over. Contractor employees will not be compensated for unused sick leave at the completion of their duties under this Contract.

(1) Home leave.

(1) Home leave is leave earned for service abroad for use only in the United States, in the Commonwealth of Puerto Rico, or in the possessions of the United States.

(2) A regular employee who is a U.S. citizen or resident and has served at least 2 years overseas, as defined in paragraph (cx4) of this clause, under this contract, and has not taken more than 30 workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home leave of not more than 15 calendar days for each such year of service overseas: Provided, That such regular employees agree to return overseas upon completion of home leave under an additional 2 year appointment, or for such shorter period of not less than 1 year of overseas service under the contract as the Mission Director may approve in advance. Home leave must be taken in the United States, the Commonwealth of Puerto Rico, or in the possessions of the United States and any days spent elsewhere

will be charged to vacation leave or leave without pay.

(3) Notwithstanding the requirement in paragraph (c)(2), of this clause, that the Contractor's regular employee must have served 2 years overseas under this contract to be eligible for home leave, Contractor may grant advance home leave to such regular employee subject to all of the following conditions.

(i) Granting of advance home leave would in each case serve to advance the attainment of the objectives of this contract;

(ii) The regular employee shall have served a minimum of 18 months in the Cooperating Country on his/her current tour of duty under this contract; and

(iii) The regular employee shall have agreed to return to the Cooperating Country to serve out the remainder of his/her current tour of duty and an additional 2 year appointment under this contract, or such other additional appointment of not less than 1 year of overseas service as the Mission Director may approve.

(4) The period of service overseas required under paragraph (c)(2), or paragraph (c)(3) of this clause, shall include the actual days in orientation in the United States (less language training) and the actual days overseas beginning on the date of departure from the United States port of embarkation on international travel and continuing, inclusive of authorized delays en route, to the date of arrival at the United States port of debarkation from international travel. Allowable vacation and sick leave taken while overseas, but not leave without pay, shall be included in the required period of service overseas. An amount equal to the number of days of vacation and sick leave in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States will be added to the required period of service overseas.

(5) Salary during travel to and from the United States for home leave will be limited to the time required for travel by the most expeditious air route. The Contractor will be responsible for reimbursing AID for salary payments made during home leave, if in spite of the undertaking of the new appointment, the regular employee, except for reasons beyond his/her control as determined by the Contracting Officer, does not return overseas and complete the additional required service. Unused home leave is not reimbursable under this contract.

(6) To the extent deemed necessary by the Contractor, regular employees in the United States on home leave may be authorized to spend not more than 5 days in work status for consultation on campus or at AID/ Washington before returning to their post of duty. Consultation at locations other than AID/Washington or on campus, as

Subpart 753.370-Illustrations of AID Forms

753.370-1 Scope of Subpart. 753.370-2 Form AID 1420-47 (8-80), Negotiated Indirect Cost Rate Agreement. 753.370-3 Form AID 1410-14 (2-81), Small Business/Minority Business Enterprise Procurement Review Form.

753.370-4 Form AID 1420-40 (1-72), Contractor's Release and/ or Assignment of Refunds, Rebates, Credits, and Other Amounts.

753.370-5 Form AID 1420-44 (11-72), Assignees's Release and/or Assignment of Refunds, Rebates, Credits, and Other Amounts.

753.370-6 Form AID 1420-17 (3-80), Con

tractor Employee Biographical Data Sheet.

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

SOURCE 49 FR 13276, Apr. 3. 1984, unless otherwise noted

Subpart 753.1-General

753.107 Obtaining forms.

Copies of the Forms prescribed and illustrated in this part are available from SER MO PM D (Room B 926 New State), Department of State. AID, Washington, DC 20523.

[49 FR 13276. Apr. 3, 1984, as amended at 50 FR 50303, Dec. 10, 1985]

Subpart 753.270-Prescription of AID Forms

753.270-1 Negotiated Indirect Cost Rate Agreement.

Form AID 1420-47, "Negotiated Indirect Cost Rate Agreement" is for use in establishing indirect cost rates for Agency contracts.

753.270-2 Small Business/Minority Business Enterprise Procurement Review Form.

Form AID 1410-14 (Small Business/ Minority Business Enterprise Procurement Review Form) is prescribed for use in accordance with 719.271-6.

753.270-3 Release and Assignment Forms.

(a) The forms set forth below are required for use in complying with the Contractor's release and assignment responsibilities (if any) in accordance with the payment clause of the contract. The forms shall be completed in accordance with the instructions contained thereon and submitted to the contracting officer administering the contract.

(b) Contractor's release and/or assignment of refunds, rebates, credits. and other amounts. Form AID 1420-40 (Contractor's Release and/or Assignment of Refunds. Rebates, Credits, and Other Amounts) is the form for the Contractor's release and assignment required by the clauses cited in paragraph (a), above.

(c) Assignee's release and/or assignment of refunds, rebates, credits, and other amounts. Form AID 1420-44 (Assignee's Release and/or Assignment of Refunds, Rebates, Credits, and Other Amounts) is the form for the assignee's release and assignment, if required by the payment clause of the contract.

753.270-4 Contractor Employee Biographical Data Sheet.

(a) Form AID 1420 17. Contractor Employee Biographical Data Sheet, is the prescribed form for use in submitting the data required by 752.7001.

(b) The form shall be included in each solicitation document when it is intended that the "Biographical Data" clause will be utilized. As required by the terms of either the solicitation or the contract clause entitled "Biographical Data," the offeror, bidder, or contractor shall, upon the contracting officer making such form available, submit the completed Form AID 1420-17 for each employee, in triplicate, to the contracting officer or other AID office designated by the contracting officer.

(c) The contracting officer or other designated AID office evaluates the information submitted and utilizes it as the basis for determining the reasonableness of proposed salaries and/or

country clearance. Any required notifications of approval or disapproval to the contractor shall be handled as expeditiously as possible by the cognizant AID office. One copy of each Form AID 1420-17 submitted by the contractor shall be retained in the official contract file.

Subpart 753.370-Illustrations of Forms

753.370-1 Scope of subpart.

This subpart contains illustrations of all forms prescribed in Subpart 753.270.

[49 FR 13276, Apr. 3, 1984. Redesignated at 49 FR 33669, Aug. 24, 1984]