Sec.

7-7.5503-8

Patent provisions. 7-7.5503-9 Care of laboratory animals.

AUTHORITY: Sec. 621, 72 Stat. 445, as amended (22 U.S.C. 2381); E.O. 10973, November 3, 1961, 26 FR 10469; 3 CFR 1959-63 Comp.

§ 7-7.000 Scope of part.

This part sets forth uniform contract clauses for use in connection with AID's procurement of personal property and nonpersonal services.

[35 F.R. 11393, July 16, 1970]

§ 7-7.001 References to "Government".

Whenever it is appropriate, in order to avoid ambiguity or misinterpretation, the words "United States" may be inserted before the word "Government" in a standard clause. Similar clarification may be appropriate for other words which appear in standard clauses, including those which refer to officers of the United States Government. [30 F.R. 12978, Oct. 12, 1965]

Subpart 7-7.1-Fixed-Price Supply Contracts

SOURCE: 30 FR 12978, Oct. 12, 1965, unless otherwise noted. Redesignations at 38 FR 28672, Oct. 16, 1973.

As used throughout this contract, the following terms shall have the meanings set forth below:

(a) The term "head of the agency", "Secretary", or "Administrator", as used herein means the Administrator, Deputy Administrator, or Assistant Administrator for Program and Management Services of the Agency for International Development; and the term "his duly authorized representative" means any person or persons or board (other than the contracting officer) authorized to act for the head of the agency.

(b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

(c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract.

[30 FR 12978, Oct. 12, 1965, as amended at 38 FR 12807, May 16, 1973. Redesignated and amended at 38 FR 28672, Oct. 16, 1973]

The clause set forth in FPR 1-7.102-14 is not generally included in A.I.D. contracts when more stringent source requirements are stated in the contract or when inclusion is not appropriate under FPR 1-6.104-5. (See Executive Order No. 11223, dated May 12, 1965, 30 FR 6635.) Clauses setting forth the A.I.D. source restrictions are included in AIDPR 7-7.

[38 FR 28672, Oct. 16, 1973]

§ 7-7.102-17 Officials not to benefit.

If the procurement is made by an overseas field procurement activity or in other cases where appropriate, the following clause may be substituted for the provision in FPR 1-7.102-17.

UNITED STATES OFFICIALS NOT TO BENEFIT

No member of or delegate to the Congress of the United States of America, or resident commissioner of the United States of America shall be admitted to any share or part of this contract, or to any benefit that might arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

[30 FR 12978, Oct. 12, 1965. Redesignated and amended at 38 FR 28672, Oct. 16, 1973]

§ 7-7.103 Clauses to be used when applicable.

[38 FR 28672, Oct. 16, 1973]

§ 7-7.103-22 Workmen's compensation insurance (Defense Base Act).

As a general rule, waivers will be obtained for persons employed outside the United States who are not United States citizens or residents, provided adequate protection will be given such persons. See AIDPR 7-10.402.

Subpart 7-7.6-Fixed-Price

Construction Contracts

SOURCE: The provisions of this Subpart 7-7.6 appear at 30 F.R. 12978, Oct. 12, 1965, unless otherwise noted.

§ 7-7.602 Additional standardized clauses.

§ 7-7.607-9 Workmen's compensation insurance (Defense Base Act).

See AIDPR 7-7.103-22. [39 FR 21129, June 19, 1974]

§ 7-7.602-10 Federal, State, and local

taxes.

See AIDPR 7-7.102-10.

[39 FR 21129, June 19, 1974]

Subpart 7-7.50-Clauses for Cost Reimbursement Type Contracts SOURCE: 37 FR 3804, Feb. 23, 1972, unless otherwise noted.

§ 7-7.5000 Scope of subpart.

contract

This subpart sets forth clauses for use in cost reimbursement contracts with a contractor other than an educational institution.

§ 7-7.5001 Required clauses.

These clauses are mandatory for costplus-fixed-fee contracts and, with necessary modifications, for other types of cost reimbursement contracts.

§ 7-7.5001-1 Definitions.

DEFINITIONS (DECEMBER 1970)

(a) "Administrator" shall mean the Administrator or the Deputy Administrator of the Agency for International Development. (b) "A.I.D." shall mean the Agency for International Development.

(c) "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.

(d) "Contracting officer" shall mean the person executing this contract on behalf of the United States Government, and any other government employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority.

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

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

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

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

(1) "Federal Procurement Regulations” (FPR), when referred to herein shall include

Agency for International Development Procurement Regulations (AIDPR).

(j) "Government” shall mean the United States Government.

(k) "Mission" shall mean the United States A.I.D. Mission to, or principal A.I.D. office in, the Cooperating Country.

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

§ 7-7.5001-2 Changes.

CHANGES (DECEMBER 1970)

(a) The Contracting Officer may at any time, by a written order, and without notice to the sureties, if any, make changes, within the general scope of this contract, in any one or more of the following: (1) Statement of work or services, (2) drawings, designs, or specifications, (3) method of shipment or packing, (4) place of inspection, delivery, or acceptance, and (5) the amount of logistic support and property of the United States or Cooperating Government to be furnished or made available to the Contractor for performance of this contract. If any such change causes an increase or decrease in the estimated cost of, or the time required for performance of this contract, or otherwise affects any other provision of this contract, whether changed or not changed by any such order, an equitable adjustment shall be made (1) in the estimated cost of delivery schedule, or both, (2) in the amount of any fee to be paid to the Contractor, and (3) in such other provisions of the contract as may be so affected, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within sixty (60) days from the date of receipt by the Contractor of the notification of change: Provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(b) If this contract is executed by an A.I.D./Washington Contracting Officer, valid change orders may be issued only by an A.I.D./Washington Contracting Officer, or such other person as he may in writing designate for such purpose.

individuals to be sent outside of the United States, (2) key personnel. Biographical data on the other individuals employed under the contract shall be available for review by A.I.D. at the Contractor's principal place of business.

§ 7-7.5001-4 Leave and holidays.

LEAVE AND HOLIDAYS (DECEMBER 1970) *Contractor employees shall be entitled to such leave and holidays while serving in the United States as are provided in accordance with the Contractor's established policy and practice, but in no event shall vacation leave be earned at a rate exceeding 26 working days per annum, or sick leave be earned at a rate exceeding 13 working days per annum. § 7-7.5001-5 Travel and transportation

expenses.

TRAVEL AND TRANSPORTATION EXPENSES

(DECEMBER 1970)

(a) United States travel. The Contractor shall be reimbursed for actual transportation costs and travel allowances of travelers in accordance with the established practice of the Contractor for travel within the United States directly referable to the contract and not continuous with travel to and from the Cooperating Country. Such transportation costs shall not be reimbursed in an amount greater than the cost of, and time required for economy class commercial scheduled air travel by the most expeditious route unless economy air travel or economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents retained as part of his contract records to support his claim for post-audit. Such travel allowances shall be in accordance with the established practice of the Contractor for travel within the United States provided that it shall not exceed the rates and basis for computation of such rates as provided in the Standardized Government Travel Regulations, as from time to time amended.

(b) Actual expense basis. Travel on an actual expense basis may be authorized or approved by the Contractor's Chief Executive Officer, or equivalent official, when it is determined that unusual circumstances of the assignment will require expenditures greatly in excess of the maximum per diem allowance provided herein. Payment on an actual expense basis is limited to specific travel assignments and should be used only in exceptional cases and not merely to cover a small amount of costs in excess of per diem. Normally the authorization will be limited to cases where the cost of lodging (exclusive of meals) at available hotels absorbs practically all of the per diem allowance. In no event, however, shall the amount authorized exceed the applicable maximum amount allowable under section 7.2 of the Standardized Government Travel Regulations, as from time to time amended. Re