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ments for personal services (including fees and honoraria) computed on a daily or other time basis different from an annual rate. Daily rates of compensation are computed on the basis of a 260-daywork year made up of 5-day (8-hour) work weeks.

(1) Salary ceiling. Reimbursement will not be allowed with respect to any salary or wage charged as a direct cost which exceeds the annual rate specified for the maximum level of Foreign Service Reserve Class I (or a daily rate to be determined by dividing such annual salary by 260, if payment is not on an annual basis) as set forth in Manual Order 432.3 entitled "Payment Schedules, Uniform State/AID/USIA Regulations," as from time to time amended, without written approval of the Contracting Officer. Consultants or experts shall not be paid a daily rate exceeding the amount determined by dividing the maximum annual salary of the Foreign Service Reserve Class I by 260 nor may they be employed for more than ninety (90) days in any 12-month period without written approval of the Contracting Officer. Justifications for such approvals should show the present scale attached to the position and the earnings of the person chosen to fill it, if someone has been selected; the reasons which make it necessary to pay the amount proposed, including reasonable efforts to recruit personnel of adequate qualifications and experience at a lower rate of compensation; and the reasons why payment at the proposed level is needed to accomplish AID objectives.

(2) Salary scale approval. Contractor salary and wage scales for positions which will be charged as direct costs are subject to written approval of the Contracting Officer.

(3) Individual salary approval. Unless approved by the Contracting Officer, reimbursement will not be allowed with respect to any salary or wage charged as a direct cost which exceeds the employee's current salary or wage or highest rate of annual salary or wage during any full year of the immediately preceding 3 years, plus a reasonable incentive for overseas service not to exceed 10 percent. Provision may be made for merit increases in accord with the Contractor's established practice as approved by the Contracting Officer or for a merit increase after one year of service overseas, provided that, as a general rule, merit increases do not exceed 5 percent of the salary at the time of the increase.

(4) Approval procedures. In giving approval to salaries exceeding the limits established in subparagraphs (1) and (3) of this paragraph, Contracting Officers shall follow the procedures set forth in Manual Order 1423.2, entitled "Approval of Salaries under AID-Direct Contracts".

(c)-(f) [Reserved]

(g) Fringe benefits: AID contracts generally spell out rules and principles governing reimbursement of specific "fringe benefits" costs associated with overseas operations. These may include vacations, holidays, sick leave, military leave, employee insurance, medical examinations, overseas differential, quarters allowance, temporary lodging allowance, post allowance, supplemental post allowance, education allowance, education travel allowance, separate maintenance allowance, compassionate travel, rest and recuperation travel, transportation of motor vehicles, personal effects, and household goods, and storage.

(1) Leave (vacation, sick military) [Reserved]

(2) Holidays. [Reserved]

(3) Employee insurance. [Reserved] (4) Medical examinations. [Reserved] (5) Overseas differential allowances. [Reserved]

(6) Quarters allowances. [Reserved] (7) Temporary lodging allowances [Reserved]

(8) Post allowances. [Reserved]

(9) Supplemental post allowances. [Reserved]

(10) Education allowances. [Reserved] (11) Education travel allowances. [Reserved]

(12) Separate maintenance allowance. [Reserved]

(13) Transportation and storage of motor vehicles, personal effects, and household goods. [Reserved]

(See AIDPR 7-15.205-45.53 with respect to a restriction on transportation of nonU.S. made motor vehicles.)

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Transportation of

non-U.S. made motor vehicles.

No reimbursement will be allowed for the cost of transporting any non-U.S. made motor vehicle between the United States and any other country except when the Contractor obtains a release from this requirement from the Contracting Officer or a Mission Director because of compelling circumstances. The Contractor should have written evidence of such releases available to support its claims for reimbursement and for post audit.

§ 7-15.205-46 Travel costs.

§ 7-15.205-46.50

Special restrictions.

§ 7-15.205-46.51 Air travel.

(a) Class of travel. The difference in cost between first-class air accommodations and less than first-class air commodations is unallowable except when less than first-class accommodations are not reasonably available to meet necessary requirements. A responsible officer of the Contractor must certify to the facts justifying an exception in the voucher or other documents retained as part of its contract records to support the claim or for post-audit. One stopover en route for a period not to exceed 24 hours is allowable when the traveller uses less than first-class accommodations for an international trip of 14 hours or more of scheduled duration.

For international travel, the cost incurred for transporting not to exceed 22 pounds of accompanied personal baggage per traveller will be allowed if reasonable, in addition to that regularly allowed with a ticket for less than firstclass accommodations.

(b) Flag of carrier. International air travel must be carried out on U.S. flag carriers. Exceptions to this requirement will be allowed in the following situations provided that a responsible officer of the Contractor certifies to the facts in the voucher or other documents retained as a part of its contract records to support its claim for reimbursement and for post audit:

(1) Where a flight by a U.S. carrier is not scheduled to arrive in time for the conduct of official business.,

(2) Where a flight by U.S. carrier is scheduled but does not have accommodations available when reservations are sought.

(3) Where the departure time, routing, or other features of a U.S. carrier flight would interfere with or prevent the satisfactory performance of official business.

(4) Where a scheduled flight by a U.S. carrier is delayed because of weather, mechanical, or other conditions to such an extent that use of a non-U.S. carrier is in the Government's interest.

(5) Where the appropriate class of accommodations is available on both U.S. and non-U.S. carriers, but the use of the U.S. carriers will result in higher total U.S. dollar cost to the contract due to additional per diem or other expenses.

(6) Where the appropriate class of accommodations is available only on a non-U.S. carrier and the cost of transportation and related per diem is less than the cost of available accommodations of another class on a U.S. carrier and related per diem.

§ 7-15.205-46.52 Ocean travel.

International ocean travel the cost of which is to be reimbursed in U.S. dollars must be carried out in U.S. flag vessels except when the Contractor obtains a release from this requirement from the Contracting Officer or a Mission Director on grounds that U.S. flag vessels are not available or their use would result in a significant delay. The Contractor should have written evidence of such releases available to support its claims for reimbursement and for post audit.

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In accordance with the authority contained in section 635 (k) of the Foreign Assistance Act of 1961, as amended, and Subpart 1-15.307-4 of the Federal Procurement Regulations, the following clause entitled "Indirect Costs (Overhead)-Predetermined (November 1966)" is authorized for use in cost-reimbursement contracts with educational institutions for payment of reimbursable indirect costs: Provided, That predetermined overhead rates are used as the basis for reimbursing indirect costs under all of the applicable AID contracts with an institution.

INDIRECT COSTS (OVERHEAD)—PREDETERMINED (NOVEMBER 1966)

(A) Notwithstanding the provisions of any other clause of this contract, the allowable indirect costs under this contract shall be obtained by applying predetermined overhead rates to bases agreed upon by the parties, as specified below.

(B) The contractor, as soon as possible but not later than three (3) months after the expiration of his fiscal year, shall submit to the Contracting Officer, with a copy to the cognizant audit activity, a proposed predetermined overhead rate or rates based on the contractor's actual cost experience during that fiscal year, together with supporting cost data. Negotiation of predetermined overhead rates shall be undertaken as promptly as practicable after receipt of the contractor's proposal.

(C) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with the provisions of Subpart 1-15.3 (Principles for Determining Costs Applicable to Research and Develop

ment Under Grants and Contracts With Educational Institutions), of the Federal Procurement Regulations as in effect on the date of this contract.

(D) The results of each negotiation shall be set forth in a modification to this contract, which shall specify (1) the agreed predetermined overhead rates, (11) the bases to which the rates apply, (ii) the fiscal year unless the parties agree to a different period for which the rates apply, and (iv) the specific items treated as direct costs or any changes in the items previously agreed to be direct costs.

(E) Pending establishment of predetermined overhead rates for any fiscal year on different period agreed to by the parties, the contractor shall be reimbursed either at the rates fixed for the previous fiscal year or other period or at billing rates acceptable to the Contracting Officer subject to appropriate adjustment when the final rates for that fiscal year or other period are established.

(F) Any failure by the parties to agree on any predetermined overhead rate or rates under this clause shall not be considered a dispute concerning a question of fact for decision by the Contracting Officer within the meaning of the "Disputes" clause of this contract. If for any fiscal year or other period specified in Appendix D of this contract the parties fail to agree to a predetermined overhead rate or rates, it is agreed that the allowable indirect costs under this contract shall be obtained by applying negotiated final overhead rates in accordance with the terms of the "Indirect Costs (Overhead)" clause set forth in § 7-16.951 of the Agency for International Development Procurement Regulations as in effect on the date of this contract.

(G) Allowable indirect costs for the period until the end of the contractor's fiscal year during which performance begins shall be obtained by applying the predetermined overhead rates set forth in Appendix D to the bases set forth therein.

[31 F.R. 11301, Aug. 19, 1966, as amended at 32 F.R. 8469, June 14, 1967]

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7-16.951

7-16.952

7-16.953

7-16.954

7-16.955

7-16.956-1

Form for Agency for Interna-
tional Development University
Contract (May 1, 1965).
Form for Agency for Interna-
tional Development Cost-Re-
imbursement Contract for Re-
search and Development, 8-67.
Form for Agency for Interna-
tional Development Cost Re-
imbursement Contract for
Technical Services Overseas,
3-67.
Forms for Agency for Interna-
tional Development Basic Or-
dering Agreement and Task
Order for Engineering Serv-
ices, 3-67.

Form for Offeror's Analysis of
Cost Proposal.

Cover page for Basic Ordering
Agreement (Participant Train-
ing).

7-16.956-2 Task Order for Participant Training (Individual).

7-16.956-3 Task Order for Participant Training (Group).

7-16.957-1 Cover page for Contract for Participant Training (Individual).

7-16.957-2 Cover

page for Contract for Participant Training (Group).

AUTHORITY: The provisions of this Part 7-16 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381.

Subpart 7-16.2-Forms for
Negotiated Procurement

SOURCE: The provisions of this Subpart 7-16.2 appear at 32 F.R. 8470, June 14, 1967, unless otherwise noted.

§ 7-16.200 Scope of subpart.

This subpart prescribes forms for use by the Agency for International Development in the procurement of supplies or services by negotiation. Illustrations

of these forms are contained in Subpart 7-16.9 of this part.

§ 7-16.251 Form for Agency for International Development University Contract.

Agency for International Development University Contract form is prescribed for use in procuring, by negotiation, technical advice and assistance to be provided by an educational institution to or for a Cooperating Country under agreements between the government of the Cooperating Country and the Government of the United States of America. This form is for a cost-reimbursement contract without fee.

[30 F.R. 12982, Oct. 12, 1965]

§ 7-16.252 Form for Agency for International Development Cost-Reimbursement Contract for Research and Development.

This form is for use in procuring research and development on a cost-reimbursement basis from a contractor other than an educational institution. The General Provisions are mandatory for cost-plus-fixed-fee contracts, and, with necessary modifications, for other types of cost-reimbursement contracts. The Cover Page and Schedule may be adapted as appropriate. The block entitled "Project No." on the Cover Page will show a four-segment project number as prescribed in Manual Order 1095.2, "Coding of Program Implementation Documents".

§ 7-16.253 Form for Agency for International Development Cost-Reimbursement Contract for Technical Services Overseas.

This form is for use in procuring technical services on a cost-reimbursement basis from a contractor other than an educational institution to be performed overseas for a cooperating country under an agreement between the cooperating country and the United States. The General Provisions are mandatory for cost-plus-fixed-fee contracts and, with necessary modifications, for other types of cost-reimbursement contracts. The Cover Page and Schedule may be adapted as appropriate. The block entitled "Project No." on the Cover Page will show a four-segment project number as prescribed in Manual Order 1095.2, "Coding of Program Implementation Documents".

§ 7-16.254 Forms for Agency for International Development Basic Ordering Agreement and Task Order for Engineering Services.

These forms are for use in procuring expert engineering services by means of a basic ordering agreement and task order from a contractor other than an educational institution. The basic ordering agreement is written by the AID Contract Services Division in Washington. Individual procurements will be made by task orders which are issued under the basic ordering agreement, as provided in FPR 1-3.410-2. The General Provisions are mandatory for basic ordering agreements that provide for pricing on a fixed rate plus reimbursement of specific, identified costs, and, with necessary modifications, for other pricing arrangements. The Cover Page and Schedule may be adapted as appropriate. The block entitled "Project No." on the Cover Page will show a four-segment project number as prescribed in Manual Order 1095.2 "Coding of Program Implementation Documents". Offeror's Analysis of Cost

§ 7-16.255

Proposal.

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§ 7-16.553 Forms for Task Orders for Participant Training: Individual and Group.

These forms are for use in issuing Task Orders under the Basic Ordering Agreements for Participant Training. Use of the appropriate form is mandatory.

§ 7-16.554 Cover page for Contracts for Participant Training: Individual and Group.

These forms are for use with the General Provisions for Contracts for Participant Training. Use of the appropriate Cover page is mandatory, as are the General Provisions set forth in AIDPR 7-7.53.

Subpart 7-16.9-Illustrations of
Forms

SOURCE: The provisions of this Subpart 7-16.9 appear at 32 F.R. 8470, June 14, 1967, unless otherwise noted.

§ 7-16.900 Scope of subpart.

Agency for International Development forms are illustrated in this subpart to show the text, format, and arrangement and to provide a ready source of reference.

§ 7-16.951 Form for Agency for International Development University Contract (May 1, 1965).

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