The Foreign Aid and Related Agencies Appropriation Act, 1963, and subsequent appropriation Acts, have imposed the following requirement: None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. See, for example, section 110 of the Foreign Assistance and Related Agencies Appropriation Act, 1965. All policies required by AID will provide that in the event of cancellation or change in policy coverage thirty days prior written notice will be given to the cognizant Contracting Officer. The Contracting Officer will, in turn, notify the Insurance Advisor, Office of Procurement. [30 F.R. 12979, Oct. 12, 1965, as amended at 32 F.R. 8469, June 14, 1967] § 7-10.305 Procedures to be followed in the event of loss or damage to Government property. The Contractor must properly report all the circumstances of loss promptly to the Contracting Officer and advise whether any parties other than the Contractor were responsible and what steps have been taken to recover from them. The Contractor will protect Government subrogation rights. § 7-10.351 Liability insurance for operation of motor vehicles. If a Contractor or any of its employees or their dependents transport or cause to be transported privately owned motor vehicles to a cooperating country, or they or any of them purchase a motor vehicle within a cooperating country, the Contractor must give assurance that adequate liability coverage is provided and kept in force. Before such a motor vehicle is operated in a cooperating country, and whenever requested, the Contractor will provide the Mission Director, or his designee, with satisfactory evidence of such coverage by an insurance carrier satisfactory to him. Coverage will be for amounts equal in dollars or currency of the cooperating country to not less than $10,000/$20,000 for personal injury and $5,000 for property damage, or equal to not less than such other minimums as the Mission Director may prescribe from time to time. The cost of such insurance is not reimbursable. Subpart 7-10.4 Insurance Under § 7-10.402 Workmen's compensation insurance overseas. (a) The words "the Defense Base Act" may be deleted from the clause set forth in FPR 1-10.402(a) and the following substituted for it: "United States Public Law 208, 77th Congress". (b) If the Contractor provides satisfactory coverage for them, waivers are generally granted for employees serving overseas under an AID contract who are not hired in the United States and are not citizens or bona fide residents of the United States. If a waiver is granted, the Contractor must provide, for nationals or permanent residents of the country in which the services are to be rendered, security for compensation benefits pursuant to the applicable law of the country for injury or death in the course of employment, or in the absence of such law, adequate employers' liability insurance, and for all other employees not covered by the Defense Base Act, the Contractor must provide adequate employers' liability insurance. Application for waivers is made by the Contracting Officer directly to the Director, Bureau of Employees' Compensation, Department of Labor, on Labor Department Form BEC 565, an original and 4 copies of which are forwarded to the Director. The following clause is included in all contracts for which a waiver of the kind described above will be applicable: WORKMEN'S COMPENSATION INSURANCE (42 U.S.C. 1651, ET SEQ.) (a) 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, se 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. (b) 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 for 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. (c) The Contractor agrees to insert the provisions of this or a similar Clause, including this sentence, in all subcontracts or subordinate contracts hereunder except subcontracts or subordinate contracts exclusively for furnishing materials or supplies. (d) The Contractor agrees, as evidence of compliance with this clause, to provide the Contracting Officer within a reasonable period of time after the effective date of this AUTHORITY: The provisions of this Part 712 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-12 appear at 30 F.R. 12979, Oct. 12, 1965, unless otherwise noted. Subpart 7-12.1-Basic Labor Policies § 7-12.101 Labor relations. § 7-12.101-1 General. § 7-12.101-1.50 Overseas employment. AID Contractors who employ cooperating country nationals or other local labor are expected to consult with the appropriate Mission Director, or such official as he designates, concerning local labor laws, regulations, and standards with a view to adopting and demonstrating good employment practices. Most contracts covered by this regulation call for the performance of professional or technical services overseas on a cost-reimbursement basis. The compensation for employees performing such services is normally ixed on a monthly or annual basis, and the contracts usually state minimum work week hours. It is not expected that these employees will receive additional pay, overtime or shift premiums, or compensatory time off. When the Contracting Officer determines it is in the best interest of the Government, specific provision may be made in contracts to permit such benefits for non-technical and non-professional employees serving overseas, subject to approvals to be required in the contract. § 7-12.102-4 Approvals. The heads of procuring activities and the chiefs of contract offices in AID/ Washington procuring activities may make the determinations referred to in FPR 1-12.102-4. § 7-12.105 Location allowances at unfavorable sites. 86-089 O-68-6 (a) Each head of a procuring activity is responsible for carrying out and assuring adherence to the equal employment opportunity policy set forth in FPR 1-12.801. (b) Under the immediate supervision of the Administrator, the AID Contracts Compliance Officer is responsible for the administration of the AID contracts compliance program, including reporting systems, training of personnel, maintenance of records, development of policies, standards, and guides, review and coordination of AID compliance activities, reporting to the Secretary of Labor. All communications regarding any phase of the AID equal opportunity program which are received from or require transmittal to the Secretary of Labor will be coordinated with or handled by the AID Contracts Compliance Officer. As required by the AID Contracts Compliance Officer, the Director, Office of Procurement maintains central records for the contracts compliance program. These records include: (1) A roster of predominant interest agency assignments; (2) A roster of predominant interest agency assignments that have been made to AID; (3) A contract compliance card file; (4) Copies of compliance reports; (5) Copies of questionnaires and replies; and (6) On-site survey files. [30 F.R. 12979, Oct. 12, 1965, as amended at 32 F.R. 8469, June 14, 1967] a. Employment Policy (brief summary of employment policies, and exhibits, if any, of equal employment policies in use by Contractor). b. Educational and Training Programs. c. Recruitment Sources and Advertising (discussion of sources and exhibits, if any). d. Organization of Workers (bargaining agreements with labor unions, desegregated facilities in office and field installations, etc.). Part III-Personnel Distribution a. Home Office (number of minority group members in executive positions as compared to total executive positions). b. Field (number of minority group members in executive positions as compared to total executive positions). Part IV-Remarks |