7-16.951 Agency for International Development forms. 7-16.951-1 Form for Individual Procurement Action Report (IPAR). 7-16.951-2 Form for Agency for International Development University Contract (May 1, 1965). AUTHORITY: The provisions of this Part 7-16 issued under sec. 621, 75 Stat. 445, as amended; 22 U.S.C. 2381. SOURCE: The provisions of this Part 7-16 appear at 30 F.R. 12982, Oct. 12, 1965, unless otherwise noted. Subpart 7-16.2-Forms for Negotiated Supply Contracts § 7-16.200 Scope of subpart. Illustrations of these forms are contained in AIDPR 7-16.9. § 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. I. Orientation and Language Training. J. Insurance on Private Automobiles. III Institutional Support. IV Reports. V Data and Publications. VI Inspection. VII Assignment. VIII Subcontracts. IX Officials not to Benefit. X Covenant Against Contingent Fees. XII Nondiscrimination. XIII Conformity to Laws and Regulations of Cooperating Country. XIV Taxes and Customs Duties. XV Inspection Trips by Contractor's Of ficers and Executives. XVI Compensation. XVII Salaries. XVIII Allowances. A. Overseas Differential Allowances. B. Quarters Allowances. C. Temporary Lodging Allowance. D. Post Allowances. E. Supplemental Post Allowances. F. Educational Allowances. G. Education Travel. H. Separate Maintenance Allowance. I. Payments During Evacuation. XIX Travel and Transportaton Expenses. A. Necessary Transportation Travel Allowances. 1. U.S. Travel. 2. International Travel. 3. Local Travel. 4. Travel for Consultation. Costs and 5. Special International Travel and Third Country Travel. 6. Indirect Travel for Personal Convenience. 7. Limitation on Travel by Dependents. 8. Delays En Route. 9. Travel by Privately Owned Automobile. B. Emergency and Irregular Travel and Transportation. C. Rest and Recuperation. D. Transportation of Automobiles, Personal Effects, and Household Goods. E. Storage of Household Effects. F. Limitation on Transportation. 1. International Air Transportation. 2. International Ocean Transportation. 3. Transportation of Foreign-made Motor Vehicles. G. Sale of Personal Property or Automobiles. XX Notice of Changes in Allowances. A. Insurance. 1. Workmen's Compensation Insurance. 2. Reimbursable Premiums. 3. Non-reimbursable Premiums. B. Out-of-Pocket Expenses. C. Other Necessary Costs. XXII Indirect Costs (Overhead). XXIII Equipment. A. Following Costs Reimbursable: 1. Teaching Aids and Related Equipment. 2. Other Equipment. 3. Vehicles. B. Limitation. C. Title to and Care of Property. D. Small Business Provision. E. Marking. XXIV Participant Training Programs. XXV Research Activities. XXVI Unallowable Costs. XXVII Facilities and Services to be Ar ranged by AID. XXVIII Method of Payment. A. Dollar Payment. B. Local Currency Payments. XXIX Refund of Unexpended Funds. XXX Documentation Requirements. A. Initial Advance. B. Replenishment Vouchers. C. Final Voucher. D. Documentation for US AID. XXXI Accounting Records. XXXII Miscellaneous. XXXIII Services Provided to Contractor. XXXIV Conflict of Interest. XXXV Disputes. XXXVI Termination. XXXVII Material Changes in Conditions. XXXVIII Salary Adjustment on Termina tion. XXXIX Notices. APPENDIX B OPERATIONAL PLAN I Agreed-upon scope of work, including a general work plan and statement of objectives (to be attached). II Number and types of full time positions to be financed as direct costs under the contract. III Additional substantive matters concerning work to be performed under the contract. APPENDIX C-APPROVED BUDGET Firm Budget. Projected Budget. Total Budget. APPENDIX D SPECIAL PROVISIONS I Necessary special provisions. II Costs to be financed by cooperating country. III Provision to accommodate situation where cooperating country does not meet its commitments as to funding or services. IV Research Component. V Orientation and Language Training. (Institution) ΡΙΟ This contract is made and entered into between the Government of the United States of America, represented by the Agency for International Development (hereafter referred to as AID) and (Contractor) (hereafter referred to as Contractor), an educational institution chartered by the State of with its principal office in WHEREAS, the Contractor is willing and able to render technical assistance requested by the Government of (hereafter referred to as the Cooperating Country) under agreements between said government and the Government of the United States of America. NOW, THEREFORE, the parties hereto mutually agree as follows: I. Scope. The Contractor agrees to use its best efforts to render technical advice and assistance to the cooperating country for the purpose of as more specifically provided for in Appendix B, "Operational Plan", attached hereto and made a part hereof. Contractor will develop in consultation with the United States operations mission (hereafter referred to as Mission) as soon as practicable, but not later than 120 days after arrival in the cooperating country, a detailed work program to implement the project, which work program will be subject to review from time to time as considered necessary by the Mission or the Contractor. II. Conditions Governing Operations. A. It is understood that the services provided in the cooperating country are an integral part of the United States technical assistance program and will be performed under the general policy guidance of the Mission Director. The Contractor will be responsible for all professional and technical details of the contract and shall keep the Mission Director currently informed of the progress of the project. B. Activities under this contract shall be governed by the "Standard Provisions" set forth in Appendix A, the “Approved Budget" set forth in Appendix C, and the "Special Provisions" contained in Appendix D, all of which are attached hereto and made a part hereof. III. Financing. The Contractor will be reimbursed for the costs incurred by it in performing services hereunder in accordance with the applicable provisions of Appendix A and Appendix D, subject to the following limitations made in respect thereto: A. Total AID commitment subject to limitations expressed in Appendix C B. Estimated additional financing which may be provided if funds are available TOTAL C. Advance of funds IV. Term. The contract shall be effective on the date of the last signature hereto and the services to be rendered and the right to incur obligations hereunder shall continue until unless previously terminated in accordance with the provisions set forth in Appendix A. In Witness Whereof, the parties hereto have executed this contract on the day and year last specified below. Name of contractor By Date of signature Typed name Title UNITED STATES OF AMERICA AGENCY FOR INTERNATIONAL DEVELOPMENT By Date of signature 1. Definitions. A. "AID" shall mean the Agency for International Development. B. "Contractor" shall mean the educational institution providing services hereunder. C. "Cooperating Country" shall mean the country receiving assistance from the United States and in which services are to be rendered under this contract. D. "Cooperating Government" shall mean the official government of the Cooperating Country. E. "Mission" shall mean the United States AID Mission to, or principal AID office in, the Cooperating Country. F. "Contracting Officer" shall mean the person executing this contract on behalf of the United States Government, and any other AID employee who is a properly designated Contracting Officer: Provided, however, That in the case of contracts executed by an AID Washington Contracting Officer, the term shall mean an AID Washington Contracting Officer except as otherwise notified to Contractor in writing by an AID Washington Contracting Officer. G. "Staff Member" shall mean a representative of the Contractor appointed to serve in the Cooperating Country under the contract. H. "Regular Staff Member" shall mean a staff member appointed to serve one year or more in the Cooperating Country. I. "Short Term Staff Member" shall mean a staff member appointed to serve less than one year in the Cooperating Country. J. "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. K. "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 in the Cooperating Country with those carried out at the home institution. He shall not be considered a staff member while serving in the Cooperating Country. L. "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. M. "Dependents" shall mean: (1) Wife. (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 employees for support. (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. (5) Husband who is at least 51 percent dependent on the employee for support. N. "Traveler" shall mean staff members, dependents of regular staff member, campus coordinator, Contractor's executives in travel status, and prospective staff members and spouses for personal interviews, in accordance with Contractor's normal practice in selecting its personnel. O. "Local Currency" shall mean the currency of the Cooperating Country. P. "Participants" shall mean nationals of the Cooperating Country brought to the United States or to third countries for training. Q. Economy class air travel (also known as jet-economy, air coach, tourist-class, etc.) shall mean class which is less than first-class I air travel. (a) Contractor shall exercise reasonable I precautions in assigning employees for work under this contract in the Cooperating Country to assure that such employees are physiCcally fit for work and residence in the Cooperating Country. In carrying out this responsibility Contractor shall require all such employees (other than those hired in the Cooperating Country) and their dependents authorized to accompany such employees to be examined by a licensed doctor of medicine. Contractor shall require the doctor to certify that, in the doctor's opinion, the staff member is physically qualified to engage in the specific duties and the staff member and authorized dependents are physically qualified to reside in the country to which the staff member is recommended for duty. If Contractor has no such medical certificate on file prior to the departure for the Cooperating Country of any staff member or authorized dependent and such staff member is unable to perform his specific duties 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 author ized dependent is unable to reside in the Cooperating Country for at least nine months or one-half the period of the related staff member'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 staff member and his dependents and their effects or for the return transportation of the physically disabled dependent and any other persons required to return because of such disability. (b) 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 staff members and dependents with physical examinations upon completion of their regular tours of duty. C. Approval. No individual shall be sent outside of the United States by the Contractor under this contract without the prior written approval of the Contracting Officer. D. Staff Appointments. All staff members will be given institutional appointments to the Contractor's staff at the rank or classification appropriate to their respective duties and responsibilities under the Contract. E. Duration of Appointments. 1. Regular staff members normally will be appointed for a minimum of two years (including orientation) under the contract except: a. When the remaining period of this contract is less than 2 years and in the judgment of the Contractor it is deemed desirable to fill a vacancy, then appointment may be made for the remaining period of the contract provided the contract has 1 year or more to run, and provided further that if it is contemplated that the contract is to be extended, then the appointment will be for 2 years subject to the actual extension being made. b. When a position to be filled does not require a 2-year appointment, then an appointment may be made for less than 2 years but in no event less than 1 year. If services are required for less than one year a shortterm staff appointment may be made in accordance with the applicable provisions of the contract. c. When the normal tour of duty established for AID personnel at a particular post is less than 2 years, then a normal appointment under the contract may be of the same duration. 2. Contractor may make appointments of regular staff members under this contract for less than 2 years whenever Contractor is unable to make a full two-year appointment, provided that the Contracting Officer approves such appointment, and provided further that in no event shall such appointment be less than 1 year. F. Right to Recall. After consultation by the Contracting Officer with the Contractor and on the written request of the Contracting Officer, or of the Cooperating Government, the Contractor will terminate the employment under the contract of any individual serving thereunder. G. Leave (Vacation, Sick, Home and Military). 1. Vacation Leave. Contractor may grant to personnel employed under this contract vacations of reasonable duration in accordance with Contractor's usual practice, but in no event shall vacation leave be earned at a rate exceeding 26 working days per annum. It is understood that vacation leave is provided under this contract primarily for the purposes of affording necessary rest and recreation to staff members during their tours of duty in the Cooperating Country and that the contractor will use its best efforts to arrange that earned vacation leave will be used for the above stated purpose during his tour of duty unless the interest of the project dictates otherwise. Lump-sum payments for vacation leave earned but not taken may be made at the end of an employee's service under the contract, provided that such lump-sum payment shall be limited to leave earned during a 12-month period (not to exceed 26 working days). 2. Sick Leave. Sick leave may be granted in accordance with the Contractor's usual practice but not to exceed 13 working days per annum. 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 and with the prior approval of the Mission Director it is determined that such additional leave is in the best interest of the project. In no event shall such additional leave exceed 30 calendar days. Contractor agrees to reimburse AID for leave used in excess of the amount earned during the staff members assignment under this contract. Sick leave earned and unused at the end of a regular tour of duty may be carried over to a succeeding tour of duty. Unused sick leave is not reimbursable under this contract. 3. Home Leave. a. For Contractor's regular staff members who have served 2 years overseas (which period includes orientation in the United States) under this contract and have not taken more than thirty (30) days leave (vacation, sick or leave without pay) in the United States, home leave of up to thirty (30) calendar days in the United States will be allowed, provided that such staff members agree to return overseas under an additional 2-year appointment, or for such shorter period of not less than 1 year of overseas service as the Contracting Officer may approve in advance, under the contract upon completion of home leave. b. Notwithstanding the requirement in subparagraph a immediately above that Contractor's regular staff member must have served 2 years overseas under this contract to be eligible for home leave, Contractor may grant advance home leave to such staff members subject to all of the following conditions: (1) Granting of advance home leave would in each case serve to advance the attainment of the objectives of this contract, and (2) The staff member shall have served a minimum of 18 months in the Cooperating Country on his current tour of duty under this contract, and (3) The staff member shall have agreed to return to the Cooperating Country to serve out the remainder of his 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 Contracting Officer may approve in advance, and (4) The Mission Director shall have given prior written approval in each case of such advance home leave. c. The period of service overseas required under paragraph a. or paragraph b. above shall include the actual days in orientation in the United States 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, but not leave without pay, shall be included in the required period of service overseas, provided that any such vacation and sick leave was not taken within the limits of the North American continent, Hawaii or the territories of the United States. d. 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 staff member, except for reasons beyond his 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. e. To the extent deemed necessary by Contractor, regular staff members in the U.S. on home leave may be authorized to spend not to exceed 5 days in work status on campus or at AID/W for consultation before returning to their post of duty. 4. 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 staff member whose appointment is not limited to 1 year or less and who is a reservist of the Armed Forces, provided that such military leave has been approved in advance by the Mission Director. 5. Leave Records. Contractor shall maintain current leave records for all staff members, and the Contractor's Chief of Party shall |