Proposed Rule: Acquisition Regulations: Personal Services Direct Contracts

Tuesday,
February 13, 2007
Part II
Agency for
International
Development
48 CFR Chapter 7
USAID Direct Contracts for Personal
Services; Proposed Rule
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6812 Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Proposed Rules
AGENCY FOR INTERNATIONAL Regulatory Information Number ‘‘RIN all Personal Services Contracts awarded
DEVELOPMENT 0412–AA49’’ for this rulemaking. Please by the Agency.
include your name, title, organization, Under this proposed rule, the Agency
48 CFR Chapter 7 postal address, telephone number, and establishes a mechanism intended to be
RIN 0412-AA49 e-mail address in the text of the applicable to all types of Personal
message. Comments can be submitted Services Contracts. This proposed rule
USAID Direct Contracts for Personal using any of the following methods: identifies provisions applicable to all
Services • Federal eRulemaking Portal: http:// personal services contracts,
www.regulations.gov. Follow the distinguishes the differences, and
AGENCY: United States Agency for instructions for submitting comments. organizes and identifies the Agency’s
International Development. applicable rules and regulations to more
• E-mail:
ACTION: Proposed rule. federalregistercomments@usaid.gov. clearly understand what is considered
Include title of the proposed action regulatory in nature and what is
SUMMARY: The U.S. Agency for considered policy.
‘‘USAID Direct Contracts for Personal
International Development (USAID) is
Services’’ and ‘‘RIN 0412–AA49’’ in the B. Regulatory Planning and Review
proposing to consolidate its regulations
subject line of the message.
on USAID Direct Contracts for all types This is not a significant regulatory
of Personal Services into one Appendix. • Fax: (202) 216–3395.
action and, therefore, is not subject to
This will clarify and consolidate all • Mail: USAID, Office of Acquisition review under Section 6(b) of Executive
regulations for personal services & Assistance, Policy Division, RRB Order 12866, Regulatory Planning and
contracts and will eliminate the need for Room No. 7.9–18, 1300 Pennsylvania Review, dated September 30, 1993. This
having to refer to multiple sources. This Avenue NW., Washington, DC 20523– rule is not a major rule under 5 U.S.C.
new Appendix A will replace Appendix 0001. 804.
D—Direct USAID Contracts with a U.S. FOR FURTHER INFORMATION CONTACT: Tom
Citizen or a U.S. Resident Alien for C. Regulatory Flexibility Act
Henson, Telephone 202–712–5448, E-
Personal Services Abroad, and mail: thenson@usaid.gov. Pursuant to requirements set forth in
Appendix J—Direct USAID Contracts the Regulatory Flexibility Act (RFA) (5
SUPPLEMENTARY INFORMATION: Public
with a Cooperative Country National U.S.C. 601 et seq.), USAID has
Participation: Because security considered the economic impact of the
and with a Third Country National for
screening precautions have slowed the rule and has determined that its
Personal Services Abroad. Appendix A
delivery and dependability of surface provisions would not have a significant
will also incorporate all the regulations
mail to USAID/Washington, USAID economic impact on a substantial
and policies currently contained in
recommends sending all comments to number of small entities.
Contract Information Bulletins (CIBs)
the Federal e-Rulemaking Portal, e-mail
and Acquisition and Assistance D. Paperwork Reduction Act
address, or fax number listed above (all
Directives (AAPDs). This will eliminate
comments must be in writing to be The Paperwork Reduction Act does
the need to refer to two different
reviewed). You may submit comments not apply because the proposed changes
appendices and other sources for
by electronic mail as a Microsoft Word to the AIDAR do not impose
regulations and policies on personal
file, avoiding the use of any special information collection requirements that
services contracting.
characters and any form of encryption. require the approval of the Office of
This Appendix will be divided into
four parts—one part containing All comments will be made available Management and Budget under 44
provisions for all types of Personal for public review without change, U.S.C. 3501 et seq.
Services Contracts (PSCs), the second including any personal information
provided, from three days after receipt List of Subjects in 48 CFR Chapter 7
part for U.S. PSCs only, the third part
for Third-Country National (TCN) PSCs to finalization of rule at http:// Government procurement.
only, and the fourth part for Cooperating www.regulations.gov. For the reasons set forth in the
Country National (CCN) PSCs, also A. Background preamble, under the authority of Sec.
known as Foreign Service National 621, Pub. L. 87–195, 75 Stat. 445 (22
(FSN) PSCs only. The USPSC part will Since the late 1990s, the Agency’s U.S.C. 2381) as amended; E.O. 12163,
identify the provisions for U.S. regulations regarding personal services Sept. 29, 1979, 44 FR 56673; 3 CFR 1979
nationals working in AID/W and those contracts—Appendices D and J—have Comp., p. 435, the U.S. Agency for
posted overseas. In addition, all non- not been updated to include changes in International Development proposes to
regulatory information such as the processes and interpretations of the amend 48 CFR Chapter 7 as follows:
procedures and guidance currently Appendices. Further, given the 1. Add Appendix A to Chapter 7 to
contained in Appendices D and J will be changing roles and responsibilities of read as follows:
removed and incorporated into USAID’s the Agency, it is necessary to clarify and
Appendix A to Chapter 7—USAID Direct
internal policy manual—the automated update USAID’s policy and regulation Contracts for Personal Services
directives system (ADS). We believe this for personal services contracts. The
Proposed Rule consolidates Appendices 1. General
separation of regulations and policies
from the procedures and guidance on D and J of the USAID Acquisition (a) Purpose. This appendix sets forth the
Regulations (the ‘‘AIDAR’’) into process for competition of personal services
personal services contracting will clarify contracts, and provides the General
and consolidate the regulatory Appendix A, which was previously
reserved. Appendix A standardizes the Provisions to be included in each type of
requirements. contract. There are three main types of

Agency’s policies, rules, and regulations
DATES: Submit comments on or before personal services contracts:
regarding personal services contracts, (1) Contracts with U.S. citizens or U.S.
April 16, 2007. eliminates repetition between the two resident aliens, referred to as U.S. Personal
ADDRESSES: Submit comments, Appendices, updates the Agency’s Services Contractor (USPSC);
identified by Title: ‘‘USAID Direct general provisions, and clarifies the (2) Contracts with citizens of the
Contracts for Personal Services’’ and Agency’s processes and authorities for cooperating country or non-citizens who
Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / Proposed Rules 6813
reside legally within the cooperating country, way that the Mission announces direct-hire pursuant to AIDAR 706.302–70(b)(1)—‘‘An
referred to as Foreign Service National U.S. citizen positions. Renewals or award under Section 636(a)(3) of the Foreign
Personal Services Contractor (FSNPSC) 1; and extensions with the same individual for the Assistance Act of 1961, as amended,
(3) Contracts with individuals who are same services do not need to be publicized. involving a personal services contractor
neither U.S. citizens/U.S. resident aliens nor (2) Personal services contracts with FSNs serving abroad’’; the conditions for use of the
citizens of the cooperating country and who and TCNs subject to the Local Compensation class justification have been met; and the cost
have repatriation rights at the end of the Plan. New solicitations are publicized of the contract is fair and reasonable.
contract, referred to as Third Country consistent with Mission practice on (2) Extensions and Renewals. This
National Personal Services Contractor announcement of FSN positions. Renewals or exception applies to extensions or renewals
(TCNPSC). extensions with the same individual for the with the same individual for the same or
(b) Federal Acquisition Regulations (FAR) same services do not need to be publicized. similar services. This applies to all personal
and U.S. Agency for International (b) Extensions and Renewals. Publicizing is services contracts except those contracts
Development Acquisition Regulations not required for extensions or renewals with described in 3C above—‘‘Personal services
(AIDAR). Contracts for personal services are the same individual for the same services. contracts for six months or less.’’ For
subject to the FAR and the AIDAR. Other (c) Personal services contracts for six extensions and renewals, the contracting
than the limited exceptions described below, months or less. The Head of USAID’s officer must make the determination that the
Contracting Officers must provide for full Contracting Activity has determined that incumbent is the only practicable, potential
and open competition in soliciting offers and publicizing in FedBizOpps is not required for offeror.
awarding Government contracts. personal services contracts for six months or Regardless of the intent to continue
(c) Definitions (See Part I, General less. However, as required in FAR 37.104 and obtaining the same services from the same
Provision I of this Appendix). FAR 37.105, the CO is responsible for individual, a new contract (as opposed to a
soliciting offers from the maximum number contract modification) must be issued to that
2. Publicizing Solicitations of offerors as is practicable under the individual after a 5-year period of
(a) Contracting Officers must publicize circumstances. The CO always reserves the performance. This allows the requiring office
solicitations for U.S. citizen/U.S. Resident right to use the procedures in paragraph 2— and the CO to ensure the terms and
Alien PSCs (USPSCs) who will be based in Publicizing Solicitations. These personal conditions and the statement of duties are
Washington and in USAID Missions, in services contracts must not be extended or current. In all cases, the CO has the final
FedBizOpps (FBO) at http://www.fbo.gov for renewed. determination as to the need for any
a minimum of ten (10) working days. Specific 4. Competition revisions. If the changes to the statement of
exceptions for advertising locally recruited duties expand it beyond the scope of ‘‘same
USPSCs (also known as resident hires), (a) Full and Open Competition. Contracts or similar services,’’ the CO must ensure that
Foreign Service National PSCs (FSNs), and for personal services are subject to the the appropriate competitive procedures are
Third Country National PSCs (TCNs) are Competition in Contracting Act (CICA). followed for a new procurement.
outlined in paragraph 3 below. In addition, (b) Exceptions to Full and Open (3) Other non-competitive procedures. The
other exceptions to advertising federal Competition. USAID has special authority class justification only covers circumstances
under the Foreign Assistance Act to waive outlined above in paragraph 1 of 4.B.—
opportunities are contained in FAR Part 5
the requirement for full and open ‘‘Exceptions to full and open competition.’’
and AIDAR Part 705. If the publicizing
competition when foreign aid programs To use any other exception in FAR 6.302 or
procedures set out above are not followed,
would be impaired (AIDAR 706.302–70). AIDAR 706.302.70, the Contracting Officer
the Contracting Officer must prepare a
(1) USAID’s Procurement Executive has must adhere to the limitations in AIDAR
deviation and a separate justification as
used this special authority and approved a 706.302.70(c) and must prepare a separate
required under AIDAR 706.302–70(c)(2).
class justification for exception to full and justification as required under FAR 6.303.
(b) In addition to advertising in
open competition for USPSCs recruited The class justification is not valid in these
FedBizOpps, the M/OAA Director, acting as
locally, and for FSNs, and TCNs subject to instances.
head of the Agency under the authority of the local compensation plan, awarded
AIDAR 701.601(a)(1), has authorized USAID pursuant to AIDAR 706.302–70(b)(1)—‘‘An 5. Issuance of the Solicitation and Receipt of
Contracting Officers to place paid award under Section 636(a)(3) of the Foreign Applications
advertisements and notices in newspapers Assistance Act of 1961, as amended,
and periodicals. This specific authorization Once the solicitation is issued, USPSCs
involving a personal services contractor must submit an OF–612 or SF–171 form,
is found in AIDAR 705.502. Contracting serving abroad.’’ The term ‘‘Locally
Officers must document the contract file to completed and signed, to the individual
Recruited’’ does not apply to those designated for the receipt of applications in
reflect consideration of the requirements of individuals recruited for work in the United
(48 CFR) FAR 5.101(b)(4). Any advertising in the solicitation. FSN and TCN PSCs must
States. It also does not apply to those submit an AID Form 1420–17—Contractor
addition to FedBizOpps must be approved by individuals who are recruited from the U.S.
the cognizant CO. When using two sources of Employee Biographical Data Sheet along with
to work in a mission outside the U.S. any other required documentation requested
advertising, publishing dates and deadlines The conditions for use of this class
must be taken into consideration as the FBO in the solicitation to the individual
justification are listed in 3.A above—‘‘Locally
posting must occur first. Other means of designated for the receipt of application in
Recruited PSCs’’, and the limitations,
advertising a solicitation prior to publication the solicitation. Individuals responding to
certification and file documentation below
in FedBizOpps is a violation of Federal the solicitation may use any transmission
must be satisfied. This class justification does
procurement regulations and statutes (FAR method authorized by the solicitation (i.e.
not apply to hiring offshore-PSCs and must
5.101 and FAR 5.102). regular mail, electronic commerce, or
not be used for hiring a PSC under a sole
facsimile). See FAR Part 15.207 for handling
3. Exceptions to Publicizing in FedBizOpps source procurement.
proposals and information.
(a) Locally Recruited PSCs. For locally (i) Limitations
6. General Provisions
recruited PSCs, advertising requirements When using the Class Justification, offers
have been met by soliciting offers from as must be requested from as many potential This section contains the General
many potential offerors as is practicable offerors as is practicable under the Provisions, which are to be used as specified
under the circumstances and by meeting the circumstances and the advertising in contracts with a U.S. Citizen or a Resident
following conditions for use of the Class requirements in 3.A above—‘‘Locally Alien (USPSC), Foreign Service National
Justification (See Attachment 1): Recruited PSCs’’ must be followed. (FSNPSC) or a Third Country National
(1) Personal services contracts with United (TCNPSC)
States Citizens Recruited Locally. If recruited (ii) Certification and File Documentation The General Provisions are divided into
locally, the position is publicized in the same A copy of the class justification must be four parts as follows:
included in the contract file, together with a PART I: For inclusion in all types of Personal
1 Also referred to/known as Cooperating Country written statement, signed by the Contracting Service Contracts (USPSCs, TCNs and
National Personal Services Contractor (CCNPSC). Officer, that: The contract is being awarded FSNs)
PART II: For inclusion in U.S. Personal percent dependent on the employee for (1) As a spouse or dependent of a U.S.
Service Contracts (USPSCs) only support; and citizen employed by a U.S. Government
PART III: For inclusion in Third Country (4) Brothers and/or sisters (including Agency or under any U.S. Government-
National Personal Service Contracts step—and adoptive—brothers and/or sisters) financed contract or agreement, or under any
(TCNPSCs) only who are 51 percent or more dependent on the other contract or agreement that provides for
PART IV: For inclusion in Foreign Service employee, unmarried and under 21 years of repatriation to the United States; or
National Personal Service Contracts age. However, there is no age limit if they are (2) For reasons other than for employment
(FSNPSCs) only physically or mentally incapable of self- with a U.S. Government Agency or under any
support. U.S. Government-financed contract or
PART I: For Inclusion in All Types of (j) Economy Class means a class of air agreement, or under any other contract or
Personal Service Contracts (USPSCs, travel that is less than business or first class. agreement that provides for repatriation to
TCNPSCs and FSNPSCs) (k) Employer-employee relationship means the United States.
an employment relationship under a service (3) A U.S. citizen for purposes of this
1. Definitions
contract with an individual, which occurs definition also includes a person who at the
(a) USAID means the United States Agency when, as a result of the contract’s terms or time of contracting, is a lawfully admitted
for International Development offices, the manner of its administration during permanent resident of the United States.
bureaus, and divisions, in both Washington performance, the PSC is subject to the (v) Short-term personal services contract
and field missions, and its predecessor relatively continuous supervision and control means a contract for less than one year.
agencies, including the International of a Government officer or employee. (w) Third Country National (TCN) means
Cooperation Administration (ICA). (l) Foreign Service National (FSN) means an individual who is neither a citizen of the
(b) Administrator means the Administrator the individual who is a Cooperating Country United States nor a citizen of the country to
of USAID or representative delegated citizen or a non-Cooperating Country citizen which assigned for duty, AND who is eligible
administrator’s authority. lawfully admitted for permanent residence in for return travel to their home country or
(c) Class Justification means a document the Cooperating Country. For the purpose of country from which recruited at U.S.
signed by the Procurement Executive that this Appendix, FSN employees are the same Government expenses, AND who is on a
describes specific circumstances in which as CCN employees and are used limited assignment for a specific period of
full and open competition is not required. interchangeably. Note that FSN is the most time.
(d) Cognizant Technical Officer (CTO) widely used terminology to describe non- (x) Traveler means:
means the individual who performs U.S. citizen employees. (1) The PSC when in authorized travel
functions that are designated by the (m) Government means the United States status, and/or
Contracting Officer, or is specifically Government. (2) Dependent(s) of the PSC who are in
designated by policy or regulation as part of (n) Local currency means the currency of authorized travel status.
contract administration. The CTO has no the Cooperating Country. (y) U.S. Resident Alien means a non-U.S.
warrant and has no authority other than (o) Locally Recruited means recruitment of citizen lawfully admitted for permanent
those noted above. In other parts of the U.S. individuals residing in the cooperating residence in the United States.
Government, the synonymous term is usually country. Locally recruited does not apply to 2. Compliance With Laws and Regulations
Contracting Officer’s Technical those individuals recruited for work in the
(a) Standards of Conduct.
Representative (COTR). United States. It also does not apply to those
(1) The PSC will be required to comply
(e) Contracting Officer (CO) means a person individuals who are recruited from the U.S.
with the same ethics laws, rules, and
representing the U.S. Government through to work in a mission outside the U.S.
regulations as required of USAID direct hire
the exercise of his/her delegated authority to (p) Mission means the USAID Mission or employees. However, if the PSC’s period of
enter into, administer, and/or terminate the principal USAID office or representative performance is less than 130 days during any
contracts and make related determinations (including an embassy designated to so act) period of 360 days, the PSC will be subject
and findings. This authority is delegated by in a Cooperating Country in which there is to the same laws, rules, and regulations as a
one of two methods: to the individual by a program or activity administered by ‘‘special Government employee’’ and subject
means of a ‘‘Certificate of Appointment’’, SF USAID. to the provisions of Title 18—Crimes and
1402, as prescribed in FAR 1.603–3, (q) Mission Director means the principal Criminal Procedure, Part I—Crimes, Chapter
including any limitations on the scope of officer in the Mission in the Cooperating 11—Bribery, Graft, and Conflict of Interest, as
authority to be exercised, or to the head of Country, or the designated representative of set forth in 18 U.S.C. 202(a).
each contracting activity (as defined in the Mission Director. (2) By signing this contract, the PSC agrees
AIDAR 702.170), as specified in AIDAR (r) Offshore PSCs 2 means an individual to comply with all ethics laws, rules, and
701.601. (ADS 302). who is brought into the host country at regulations that are applicable to other
(f) Contractor means a non-direct hire Government expense and has repatriation USAID direct hire employees, including 18
individual acting as an agent of USAID and rights. U.S.C. 202, 203, 205, 207, 208, 209, and 219,
carrying out a scope of work specified by (s) Period of Performance means the PSC’s the USAID General Notice entitled
USAID (ADS 102). period of service as defined under the ‘‘Employee Review of the New Standards of
(g) Cooperating Country or Host Country contract. Time spent initially traveling to Conduct,’’ and 5 CFR part 2635.
means the country receiving the USAID post and final travel when departing from (3) If, however, the PSC’s period of
assistance. Cooperating Country means the post is not included in the period of performance is less than 130 days during any
same as ‘‘host country.’’ performance and is not subject to salary even period of 360 days, by signing this contract,
(h) Cooperating Country Government though travel expenses may be allowable. the PSC agrees to comply with the same laws,
means the government of the Cooperating (t) Personal services contract means a rules, and regulations as a ‘‘special
Country. contract that, by its express terms or as Government employee’’ and subject to the
(i) Dependent(s) means: administered, makes the contractor personnel provisions as set forth in 18 U.S.C. 202(a), the
(1) A spouse; appear, in effect, Government employees (see USAID General Notice entitled ‘‘Employee
(2) Children who are under 21 years of age FAR 37.104) (FAR 2.101) The acronym Review of the New Standards of Conduct,’’
and unmarried or, regardless of age, are ‘‘PSC’’ is used to describe a personal services and the portions of 5 C.F.R. Part 2635 that
incapable of self-support (children include contractor. are applicable to ‘‘Special Government
step—and adopted—children and those who (u) Resident Hire (also referred to as Employees.’’
are under legal custody of the employee or Locally Recruited USPSCs) means (b) Conformity to Laws and Regulations of
spouse and are dependent upon and individuals who are U.S. citizens who at the the Cooperating Country. PSC agrees that,
normally reside with the employee and are time of hiring as a PSC, reside in the while in the cooperating country, the PSC as
expected to be under guardianship of the cooperating country: well as dependents, must abide by all
employee until 21 years of age); applicable laws and regulations of the
(3) Parents (including step—and legally 2 Also referred to/known as ‘‘Internationally cooperating country and its political
adoptive—parents) who are at least 51 Recruited PSCs’’ subdivisions.
3. Contractor—USAID Relationships specified in the written notice expires or the the PSC and all reports and
(a) The PSC acknowledges that this last day on which the PSC performs services recommendations hereunder must be treated
contract is an important part of the U.S. in support of this contract, whichever is as confidential by the PSC and must not,
Foreign Assistance Program and agrees that earlier. No costs of any kind incurred by the without the prior written approval of the
the duties will be carried out in such a PSC after the effective date in this notice may Contracting Officer, be made available to any
manner as to be fully commensurate with the be reimbursed except the cost of return person, party, or government, other than
responsibilities which this entails. transportation (not including travel USAID, except as otherwise expressly
(b) The PSC is expected to show respect for allowances), if approved by the Contracting provided in this contract. All data and
the conventions, customs, and institutions of Officer. If any costs relating to the period reports, including copies, will remain the
the Cooperating Country and not interfere in subsequent to such date have been paid by property of USAID.
its political affairs. USAID, the PSC must promptly refund to 9. Training
(c) If the PSC’s conduct is not in USAID any such prepayment as directed by
the Contracting Officer. The PSC may be provided job related
accordance with paragraph (b) of this
(2) For the convenience of USAID, by training to expand capabilities and increase
provision, the contract may be terminated
giving not less than 15 calendar days advance knowledge and skills.
under the General Provision of this contract,
entitled ‘‘Termination’’. In addition, the U.S. written notice to the PSC. Upon such a 10. Reports
Ambassador may direct the immediate termination, PSC’s right to compensation
stops when the period specified in the (a) The PSC must prepare and submit two
removal of a USPSC or a TCNPSC from any copies of each technical report required by
country when, in the discretion of the written notice expires except that the PSC is
entitled to any unused vacation leave, return the schedule of this contract to the
Ambassador, the interests of the United Development Experience Clearinghouse, Via
States so require. transportation costs and travel allowances
E-mail: docsubmit@dec.cdie.org; Via U.S.
(d) The Mission Director is the chief and transportation of unaccompanied
Postal Service: Development Experience
representative of USAID in the Cooperating baggage costs at the rate specified in the
Clearinghouse, 8403 Colesville Road, Suite
Country. In this capacity, s/he is responsible contract and subject to the limitations that
210 Silver Spring, MD 20910, USA; 3c) Via
for the total USAID Program in the apply to authorized travel status.
Fax: (301) 588–7787; or Online: http://
Cooperating Country including certain (3) For the convenience of USAID, when
www.dec.org/
administrative responsibilities set forth in the PSC is unable to complete performance
index.cfm?fuseaction=docSubmit.home.
this contract and for advising USAID of the services under the contract by reason
(b) The title page of all reports forwarded
regarding the performance of the work under of sickness or physical or emotional
to the Development Experience
the contract and its effect on the U.S. Foreign incapacity based upon a certification of such
Clearinghouse under this paragraph must
Assistance Program. The PSC will be circumstances by a duly qualified doctor of include a descriptive title, the author’s
responsible for performing duties in medicine approved by the Mission. The Name(s), contract number, project number
accordance with the statement of duties contract will be deemed terminated upon and title, PSC’s name, name of the USAID
called for by the contract, and as required delivery to the PSC of a written termination project office, and the publication or issuance
and necessary, report on the progress of the notice. Upon such a termination, the PSC date of the report.
work under the contract. will not be entitled to compensation except (c) When preparing reports, the PSC must
to the extent of any unused vacation or sick refrain from using elaborate art work,
4. Workweek leave, but will be entitled to return multicolor printing, and expensive paper/
The PSC’s workweek must not be less than transportation, travel allowances, and binding, unless it is specifically authorized
40 hours, unless otherwise provided in the unaccompanied baggage costs at rates in the Contract Schedule. Wherever possible,
Contract Schedule, and must coincide with specified in the contract and subject to the pages must be printed on both sides using
the workweek as defined by the Mission. If limitations that apply to authorized travel single spaced type.
the contract is for less than full time (40 status.
hours weekly), the annual and sick leave (4) For convenience, when a final security 11. Prohibition on the Use of Federal Funds
earned must be prorated (see the General clearance is denied. The contract will be To Promote, Support, or Advocate for the
Provision of this contract entitled Leave and deemed terminated upon issuance to the PSC Legalization or Practice of Prostitution—
Holidays). of a written termination notice. Upon such a Acquisition
termination, the PSC’s right to compensation (a) The U.S. Government is opposed to
5. Insurance
stops when the period specified in the prostitution and related activities, which are
Worker’s Compensation Benefits. USAID written notice expires or the last day on inherently harmful and dehumanizing, and
will provide the PSC with worker’s which the PSC performs services in support contribute to the phenomenon of trafficking
compensation benefits in accordance with of this contract, whichever is earlier. The in persons. None of the funds made available
the Federal Employees’ Compensation Act. PSC will be entitled to any unused vacation under this contract may be used to promote,
6. Termination leave, and will be entitled to return support, or advocate the legalization or
transportation, travel allowances, and practice of prostitution. Nothing in the
(This is an approved deviation to be used unaccompanied baggage costs at rates preceding sentence will be construed to
in place of the clause specified in FAR specified in the contract and subject to the preclude assistance designed to ameliorate
52.249–12.) limitations that apply to authorized travel the suffering of, or health risks to, victims
(a) The Government may terminate status. while they are being trafficked or after they
performance of work under this contract in (b) The PSC, with the written consent of are out of the situation that resulted from
whole or, from time to time, in part: the Contracting Officer, may terminate this such victims being trafficked.
(1)(i) For cause, which may be effected contract upon at least 15 days’ written notice (b) The contractor shall insert this
immediately after establishing the facts to the Contracting Officer. provision in all sub-awards under this award.
warranting the termination, by giving written (c) This provision includes express terms
notice and a statement of reasons to the PSC 7. Termination of PSCs Hired Under the and conditions of the contract and any
in the event of: Local Compensation Plan violation of it shall be grounds for unilateral
(A) A breach or violation of any obligations For those PSCs hired under the local termination, in whole or in part, of the
contained in this contract; or compensation plan, termination will be in contract by USAID prior to the end of its
(B) Fraud being committed in obtaining the accordance with the local compensation term.
contract; or plan.
(C) Misconduct by the PSC (as determined 12. Homeland Security Presidential
by the USAID Mission Director or 8. Release of Information Directive–12 (HSPD–12)
Contracting Officer) in or affecting the All rights in data and reports required by (a) In response to the general threat of
Cooperating Country. or developed under this contract become the unauthorized access to federal facilities and
(ii) Upon such a termination, the PSC’s property of the U.S. Government. All information systems, the President issued
right to compensation stops when the period information gathered under this contract by Homeland Security Presidential Directive–
12. HSPD–12 requires all Federal agencies to precedence, unless otherwise instructed by set by the Mission Director, payable in U.S.
use a common Personal Identity Verification the Contracting Officer. dollars or their equivalent in the currency of
(PIV) standard when identifying and issuing (e) The contractor is required to include the Cooperating Country: injury to persons,
access rights to users of Federally-controlled this clause in any subcontracts that require $10,000/$20,000; and property damage,
facilities and/or Federal Information the subcontractor or subcontractor employee $5,000. The PSC further agrees to deliver, or
Systems. USAID will begin issuing HSPD–12 to have routine physical access to USAID have delivered, to the Mission Director, the
‘‘smart card’’ IDs to applicable contracts, space or logical access to USAID’s insurance policies required by this provision
using a phased approach. Effective October information systems. or satisfactory proof of their existence, before
27, 2006, USAID will begin issuing new the automobile(s) is operated within the
‘‘smart card’’ IDs to new contractors (and 13. Federal Acquisition Regulation (FAR)
Cooperating Country. The premium costs for
new contractor employees) requiring routine Clauses To Be Incorporated in Full Text in
such insurance are not reimbursable under
access to USAID controlled facilities and/or All Personal Services Contracts
this contract.
access to USAID’s information systems. The following FAR Clauses are always to
USAID will begin issuance of the new smart be used along with the General Provisions. 2. Physical Exams (for Inclusion in
card IDs to existing contractors (and existing They are required in full text. Washington-Based USPSCs)
contractor employees) on October 27, 2007. (a) Covenant Against Contingent Fees (a) Physical Fitness. Washington-based
(Exceptions would include those situations 52.203–5 USPSCs are not required to obtain a physical
where an existing contractor (or contractor (b) Payment by Electronic Funds exam unless their work schedule calls for
employee) loses or damages his/her existing Transfer—Other than Central Contractor overseas TDY assignments of 60 days or more
ID and would need a replacement ID prior to Registration 52.232–34 in the aggregate during a 12-month period.
Oct 27, 2007. In those situations, the existing (c) Disputes 52.233–1 (Alternate 1) (b) For Washington based USPSCs whose
contractor (or contractor employee) would (d) Preference for U.S. Flag Air Carriers contracts require TDYs, which in the
need to follow the PIV processes described 52.247–63 aggregate amount to 60 days or more in a
below, and be issued one of the new smart calendar year, the PSC must obtain a medical
14. FAR Clauses To Be Incorporated by
cards.) clearance from State M/MED prior to any
Reference in All Personal Services Contracts
(b) Accordingly, before a contractor travel overseas. The Contracting Officer will
(including a PSC* or a contractor employee) The following FAR Clauses are to be used provide the USPSC with a medical clearance
may obtain a USAID ID (new or replacement) along with the General Provisions, and when packet for this purpose.
authorizing him/her routine access to USAID appropriate, be incorporated in each personal
facilities, or logical access to USAID’s services contract by reference: 3. Physical Exams and Health Room
information systems, the individual must (a) Anti-Kickback Procedures 52.203–7 Privileges (for Inclusion in Offshore USPSCs)
provide two forms of identity source (b) Limitation on Payments to Influence (a) Physical Fitness.
documents in original form and a passport Certain Federal Transactions 52.203–12 (1) For contracts performed outside the
size photo. One identity source document (c) Audit and Records—Negotiation United States for less than 60 days in a
must be a valid Federal or state government- 52.215–2 calendar year, the PSC is required to be
issued picture ID. (Overseas foreign nationals (d) Privacy Act Notification 52.224–1 examined by a licensed doctor of medicine
must comply with the requirements of the (e) Privacy Act 52.224–2 and obtain from the doctor a statement of
Regional Security Office.) USAID/W (f) Taxes—Foreign Cost Reimbursement medical opinion that, in the doctor’s opinion,
contractors must contact the USAID Security Contracts 52.229–8 the contractor is physically able to engage in
Office to obtain the list of acceptable forms (g) Interest 52.232–17 the type of activity for which the PSC is
of documentation, and contractors working (h) Limitation of Cost 52.232–20 being employed under the contract. A copy
in overseas Missions must obtain the (i) Limitation of Funds 52.232–22 of the statement(s) shall be provided to the
acceptable documentation list from the (j) Assignment of Claims 52.232–23 Contracting Officer prior to the contractor’s
Regional Security Officer. Submission of (k) Protection of Government Buildings, departure overseas, or for a U.S. resident
these documents, and related background Equipment, and Vegetation 52.237–2 hire, before the PSC starts work under the
(l) Notice of Intent to Disallow Costs
checks, are mandatory in order for the contract. As an example, the doctor may
52.242–1
contractor to receive a building access ID, choose to use the language of the doctor’s
(m) Inspection of Services—Cost-
and before access will be granted to any of statement of medical opinion at the end of
Reimbursement 52.246–5
USAID’s information systems. All contractors the form AID 1420–62 which identifies the
(n) Limitation of Liability—Services
must physically present these two source contractor by name, to meet this requirement.
52.246–25
documents for identity proofing at their However, form AID 1420–62 is not required
USAID/W or Mission Security Briefing. The PART II: For Inclusion in U.S. Personal to be completed for contracts less than 60
contractor or his/her Facilities Security Service Contracts (USPSCs) Only days.
Officer must return any issued building (2) For all contracts performed outside of
access ID and remote authentication token to 1. Purchase or Sale of Personal Property or the United States in excess of 60 days, the
USAID custody upon termination of the Automobiles (August 2006). (Only for PSC and any authorized dependents must be
individual’s employment with the contractor inclusion in offshore USPSCs) examined by a licensed doctor of medicine
or completion of the contract, whichever (a) To the extent permitted by the and must obtain a medical clearance from the
occurs first. cooperating country, the purchase, sale, U.S. Department of State, Office of Medical
(c) The contractor must comply with all import, or export of personal property or Services, Medical Clearance Unit (M/MED).
applicable HSPD–12 and PIV procedures, as automobiles in the cooperating country by A copy of the M/MED Medical Clearance
described above, and any subsequent USAID the PSC is subject to the same limitations and abstract must be provided to the Contracting
or government-wide HSPD–12 and PIV prohibitions that apply to Mission U.S.- Officer before the contract is signed.
procedures/policies, including any citizen direct-hire employees. (3) The PSC and the dependents are
subsequent related USAID General Notices, (b) Insurance on Private Automobiles. If authorized physical examinations within 60
Office of Security Directives and/or the PSC or the dependents transport, or have days after completion of the PSC’s period of
Automated Directives System (ADS) policy transported, privately owned automobile(s) performance. The PSC is subject to the same
directives and required procedures. This to the Cooperating Country or purchase an re-imbursement restrictions as the initial
includes HSPD–12 procedures established in automobile within the Cooperating Country, exam.
USAID/Washington and those procedures the PSC agrees to cover such automobile(s) (b) Reimbursement.
established by the overseas Regional Security (during such ownership within the (1) As a contribution to the cost of medical
Office. Cooperating Country) by a current, i.e., not in examinations required by paragraph (a)(1) of
(d) In the event of inconsistencies between arrears, insurance policy. The insurance this provision, USAID shall reimburse the
this clause and later issued Agency or policy must be issued by a reliable company contractor not to exceed $250 for each
government-wide HSPD–12 guidance, the providing the following minimum coverage, physical examination, plus reimbursement of
most recent issued guidance should take or such other minimum coverage as may be charges for immunizations.
(2) (i) As a contribution to the cost of is the primary payer for medical services may offset the cost from the contractor’s
medical examinations required by paragraph provided to that contractor or dependent(s) invoice payments under this contract, any
(a)(2) and (3) of this provision, USAID will both in the United States and abroad. The other contract the individual has with the
reimburse the PSC in an amount not to primary insurer’s liability is determined by U.S. Government, or through any other
exceed half of the cost of the examination up the terms, conditions, limitations, and available debt collection mechanism.
to a maximum of $700 per examination plus exclusions of the insurance policy. (g) When USAID pays medical expenses
reimbursement of charges for immunizations (2) When the contractor or dependent is (e.g., pursuant to Form DS–3067,
for the PSC and for each authorized not covered by health insurance, the Authorization for Medical Services for
dependent 12 years of age or over. The contractor is the primary payer for the total Employees and/or Dependents), repayment
USAID contribution for dependents under 12 amount of medical costs incurred and the must be made to USAID either by insurance
years of age will not exceed half of the cost U.S. Government has no payment obligation payment or directly by the contractor, except
of the examination up to a maximum of $350 (see paragraph (f) of this provision). for the amount of such expenses USAID is
per individual plus reimbursement of charges (d) USAID serves as a secondary payer for obligated to pay under this provision. The
for immunizations. The PSC must obtain the medical expenses of the contractor and Contracting Officer will determine the
prior written approval of the Contracting dependents who are covered by health repayment amount in accordance with the
Officer to receive any USAID obligations insurance, where the following conditions terms of this provision and the policies and
higher than these limits. are met: procedures for employees contained in 16
(ii) If M/MED requires the proposed PSC (1) The illness, injury, or medical FAM 521. When USAID pays the medical
and/or dependents to have additional tests condition giving rise to the expense is expenses, including medical travel costs (see
done before providing medical clearance, the incurred, caused, or materially aggravated section (e) above), of an individual (either the
proposed PSC shall notify the Contracting while the eligible individual is stationed or contractor or a dependent) who is covered by
Officer and the responsible individual in the assigned abroad; insurance, that individual promptly must
requiring office. These additional tests shall (2) The illness, injury, or medical claim his or her benefits under any
be reimbursed to the proposed PSC at 100% condition giving rise to the expense required applicable insurance policy or policies. As
of incurred costs, minus any payments by the or requires hospitalization and the expense is soon as the individual receives the insurance
proposed PSC’s insurance company. directly related to the treatment of such payment, the contractor must reimburse
(c) Health Unit Privileges. After the PSC illness, injury, or medical condition, USAID for the full amount that USAID paid
and dependents receive M/MED clearance, including obstetrical care; and on the individual’s behalf or the repayment
routine medical services shall be available in (3) The Office of Medical Services (M/ amount determined by the Contracting
their overseas location. Procedures at the MED) or a Foreign Service medical provider Officer in accordance with this paragraph,
Health Room shall be in accordance with (FSMP) determines that the treatment is whichever is less. If an individual is not
post policy at the post of duty. These services appropriate for, and directly related to, the covered by insurance, the contractor must
do not include hospitalization or illness, injury, or medical condition. reimburse USAID for the entire amount of all
predeparture examinations. The services (e) The Mission Director may, on the medical expenses and any travel costs the
normally include such medications as may advice of M/MED or an FSMP at post,
be available, immunizations and preventive contractor receives from his/her MEDEVAC
authorize medical travel for the contractor or provider.
health measures, diagnostic examinations
a dependent in accordance with the Travel (h) In the event that the contractor or
and advice, and home visits as medically
and Transportation Expenses General dependent fails to recover insurance
indicated. Emergency medical treatment is
Provision section entitled ‘‘Emergency and payments or transfer the amount of such
provided to U.S. citizen PSCs and
Irregular Travel and Transportation.’’ In the payments to USAID within 90 days, USAID
dependents, whether or not they may have
event of a medical emergency, when time will take appropriate action to collect the
been granted access to routine health room
does not permit consultation, the Mission payments due, unless such failure is for
services, on the same basis as would be to
Director may issue a Travel Authorization reasons beyond the control of the USPSC/
any U.S. citizen in an emergency medical
Form or Medical Services Authorization dependent.
situation in the country, including post
support for medevac (although medevac Form DS–3067, provided that the FSMP or (i) Before departing post or terminating the
service will be paid for by the PSC’s medevac Post Medical Advisor (PMA) is notified as contract, the contractor must settle all
insurer) and post support for hospitalizations soon as possible following such an issuance. medical expense and medical travel costs. If
per the terms of the personal services The contractor must promptly file a claim the contractor is insured, he or she must
contract. with his or her MEDEVAC insurance provide proof to the Contracting Officer that
provider and repay to USAID any amount the those insurance claims have been submitted
4. Medical Expense Payment Responsibility MEDEVAC insurer pays for medical travel, to the insurance carrier(s) and sign a
Include the following provision in all up to the amount USAID paid under this repayment agreement to repay to USAID any
USPSCs (excluding resident hire USPSCs): section. The contractor must repay USAID for amounts paid by the insurance carrier(s).
(a) Definitions. Terms used in this General medical costs paid by the MEDEVAC insurer
in accordance with sections (f) and (g) below. 5. Compensation Adjustments
Provision are defined in 16 FAM 116
(available at http://www.foia.state.gov/REGS/ In order for medical travel to be an allowable (a) Annual Salary Increase.
fams.asp?level=2&id=59&fam=0). Note: cost under General Provision entitled Travel (1) All U.S. PSC positions are classified
personal services contractors are not eligible and Transportation Expenses, the contractor based on the General Service (GS) schedule
to participate in the Federal Employees must provide USAID written evidence that at the grade USAID considers to be the
Health Programs. MEDEVAC insurance does not cover these market value and salary range of the position.
(b) The regulations in the Foreign Affairs medical travel costs. When the salary is negotiated and agreed
Manual, Volume 16, Chapter 520 (16 FAM (f) If the contractor or dependent is not upon, the salary must be fixed at a specific
520), Responsibility for Payment of Medical covered by primary health insurance, the step within the salary range, as classified at
Expenses, apply to this contract, except as contractor is the primary payer for the total the GS-equivalent grade, for the specified
stated below. The contractor and each amount of medical costs incurred. In the position (e.g., GS–13, step 5).
dependent are strongly encouraged to obtain event of a medical emergency, the Medical (2) Future salary increases based on written
health insurance that covers this assignment. and Health Program may authorize issuance evaluation of satisfactory performance or
Nothing in this provision supersedes or of Form DS–3067, Authorization for Medical better must be consistent with U. S. direct-
contradicts any other term or provision in Services for Employees and/or Dependents, hire employee salary increases in accordance
this contract that pertains to insurance or to secure admission to a hospital located with OMB policy in 5 CFR Section 531.405—
medical costs, except that section (e) abroad for the uninsured contractor or ‘‘Waiting periods for within-grade increases.’’
supplements General Provision entitled dependent. In that case, the contractor will (3) For extensions and renewals, when a
‘‘MEDICAL EVACUATION (MEDEVAC) be required to reimburse USAID in full for PSC’s current salary is between steps (for
SERVICES.’’ funds advanced by USAID pursuant to the example between a step 5 and a step 6), the
(c)(1) When the contractor or dependent is issuance of the authorization. The contractor base for extension or renewal will be
covered by health insurance, that insurance may reimburse USAID directly or USAID established at the higher step (for example,
step 6), and the ‘‘step increase’’ will be to January). Any adjustments authorized are (1) The PSC shall earn vacation leave at the
step 7. subject to the availability of funds and must rate of 13 workdays per annum or 4 hours
(4) When an individual reaches the upper not exceed that percentage stated in the every 2 weeks. However, no vacation shall be
limit of a position’s market value, i.e., the top Executive Order granting the adjustment. earned if the tour of duty is less than 90 days.
of the GS-equivalent grade, the individual’s Further, the adjusted compensation may not (2) Notwithstanding paragraph (a)(1) above,
salary must be ‘‘capped’’ in the same way as if the PSC has had previous: USAID PSC
exceed the annual ‘‘USAID Contractor Salary
that of a USDH salary. This does not affect service (i.e., has served under other personal
Threshold (USAID CST)’’ which is equivalent
the annual pay comparability adjustment. services contracts (PSCs) covered by Sec.
(b) Annual Pay Comparability Adjustment. to the maximum rate for agencies without a 636(a)(3) of the FAA or other statutory
The PSC’s compensation shall be adjusted to certified SES performance appraisal system provision applicable to USAID); and/or
reflect the pay comparability adjustments (or the equivalent hourly rate). former U.S. Government (USG) direct hire
that are granted from time to time to U.S. service—civilian and/or military), the PSC
6. Leave and Holidays
direct-hire employees by Executive Order for will earn vacation leave based on time in
the statutory pay systems (usually in (a) Vacation Leave. service as follows:
Time in service Calculated vacation time
Up to 3 years of service ........................................................................... Four hours of vacation leave for each two week period.
over 3 years and up to 15 years of service ............................................. Six hours of vacation leave for each two week period (including 10
hours vacation leave for the final pay period of a calendar year).
15+ years of service ................................................................................. Eight hours of vacation leave for each two week period.
(3) (i) Vacation leave is provided under this applicant providing incorrect information is FOR INCLUSION IN USPSCS Posted
contract for the purposes of affording subject to the penalty provisions in the form. Overseas
necessary rest and recreation during the If required to satisfy due diligence (h) Home Leave.
period of performance. The PSC in requirements on behalf of the Contracting (1) Home leave is leave earned for service
consultation with the USAID Mission or Officer, PSCs may be required to furnish abroad for use only in the United States, its
USAID/Washington, as appropriate, shall evidence that verifies length of service, e.g., commonwealths and territories.
develop a vacation leave schedule early in SF 50, DD Form 214, and/or signed contracts. (2) A USPSC who is a U.S. citizen or U.S.
the PSC’s period of performance taking into resident alien and has served at least two
(b) Sick Leave. Sick leave is earned at a rate
consideration project requirements, PSC years overseas at the same USAID Mission,
preference and other factors. All vacation not to exceed 13 work-days per annum or 4
hours every 2 weeks. Unused sick leave may under the same contract, as defined in
leave earned by the PSC must be used during paragraph (c)(4) below, and has not taken
the PSC’s period of performance. All vacation be carried over under an extension/renewal
of this contract. Otherwise, sick leave will more than 30 work days leave (vacation, sick
leave earned by the PSC, but not taken by the or leave without pay) in the United States
end of the PSC’s contract, will be forfeited. not be carried over from one post to another
may be granted home leave in accordance
However, to prevent forfeiture of vacation or from one contract to another. The PSC will with the following:
leave, the Contracting Officer may approve not be compensated for unused sick leave (i) If the PSC returns to the same overseas
the PSC taking vacation leave during the upon completion of this contract. post upon completion of home leave for an
concluding weeks of the PSC’s contract. (c) Military Leave. Military leave of not additional 2 years under the same contract,
(ii) As an exception to 3(i) above, the PSC more than 15 calendar days in any calendar or for such shorter period of not less than one
may receive lump-sum payment for leave not year may be granted to a PSC who is a year, as approved in writing by the Mission
taken. To approve this exception, the PSC’s reservist of the Armed Forces. The PSC must Director prior to the USPSC’s departure on
supervisor must provide the Contracting provide advance notice of the pending home leave, the PSC will receive home leave,
Officer with a signed, written Determination military leave to the Contracting Officer or to be taken at one time, for a period of not
and Findings. The Determination and more than 30 work days, provided advance
the Mission Director as soon as known. A
Findings must set out the facts and approval is obtained from the Mission
copy of any such notice must be part of the
circumstances that prevented the PSC from Director;
taking vacation leave and the Contracting contract file.
(d) Leave Without Pay. Leave without pay (ii) If the contractor is returning to a
Officer must find that these facts and different USAID Mission under a USAID
circumstances were not caused by and were may be granted only with the written
personal services contract immediately
beyond the control of the contractor. This approval of the Contracting Officer or
following completion of the USPSC’s home
leave payment must not exceed the number Mission Director. leave, for an additional 2 years under
of days which could be earned by the PSC (e) Compensatory Time. Compensatory contract, or for such shorter period of not less
during a twelve month period. leave may be granted only with the written than one year, as approved by the Mission
(4) With the approval of the Mission approval of the Contracting Officer or Directors of the ‘‘losing’’ and ‘‘gaining’’
Director or the cognizant AA, as appropriate, Mission Director in rare instances when it Missions, the PSC will receive home leave,
and if the circumstances warrant, a has been determined absolutely essential and to be taken at one time, for a period of not
Contracting Officer may grant the PSC used under those guidelines which apply to more than 20 work days. When the PSC is
advance vacation leave in excess of that direct-hire employees. returning to a different USAID Mission, the
earned, but in no case may the Contracting (f) Sunday Pay (if applicable). Each former Mission will pay for the home leave
Officer grant advance vacation leave in Mission has the option whether or not to regardless of what country the PSC will be
excess of that earned in one year or over the authorize Sunday pay for U.S. PSCs, with working in following the home leave;
life of the contract, whichever is less. The two stipulations: the decision whether or not (iii) If home leave eligibility is based on
PSC agrees to reimburse USAID for any paragraph (c)(2)(ii) of this provision, the PSC
to pay must be administered consistently
outstanding balance of advance vacation must submit written verification to the losing
throughout the Mission; and if Sunday pay
leave provided during the PSC’s assignment Mission at the time home leave is requested
under the contract. is authorized, it must be paid under the same
that the PSC has accepted a USAID personal
(5) Applicants for PSC positions will terms and conditions that Foreign Service services contract at another USAID Mission
provide evidence of their PSC and/or USG direct-hire employees would receive in following completion of the home leave;
direct hire service—civilian and/or military accordance with 3 FAM 3136. (iv) Travel time by the most direct route is
experience, as applicable, on their signed and (g) Leave Records. The PSC shall maintain authorized in addition to the number of work
dated SF–171 or OF–612. By signing the current leave records and make them days authorized for home leave;
appropriate form, the applicant attests to the available, as requested by the Mission (v) Home leave must be taken in the United
accuracy of the information provided. Any Director or the Contracting Officer. States, the Commonwealth of Puerto Rico or
the possessions of the United States, and any Consultation at locations other than USAID/ is not addressed in the DSSR, USAID
days spent elsewhere will be charged to Washington as well as any time in excess of reserves the right to apply any other guidance
vacation leave. If the PSC does not have 5 days spent for consultation must be that is also used for USDH.
accrued vacation leave, the PSC will be approved by the Mission Director or the (d) The following differential and
placed on leave without pay. Contracting Officer. allowances may be granted to the PSC in
(vi) If the PSC does not complete the (i) Home Leave Policy for Qualifying Posts. accordance with governing regulations:
additional service required under (c)(2)(i) or (1) On June 15, 2006, the Congress passed Applicable Reference to Standardized
(ii) (that the Contracting Officer finds are and the President signed an amendment to Regulations
other than for reasons beyond the PSC’s the Foreign Service Act of 1980, as amended, (1) Post Differential Chapter 500 and
control), the cost of home leave, travel and that allows home leave for direct-hire Tables in Chapter 900.
transportation and any other related costs employees following completion of 12-month (2) Living Quarters Allowance Section 130.
must be repaid by the PSC to the overseas assignments at qualifying posts. (3) Temporary Lodging Allowance Section
Government. (2) USAID is extending this new home 120.
(3) Notwithstanding the requirement in leave policy to its USPSCs who ordinarily (4) Post Allowance Section 220.
paragraph (c)(2) above that the contractor qualify for home leave, and is effective as of (5) Supplemental Post Allowance Section
must have served 2 years overseas under July 20, 2006. This new home leave policy 230.
personal services contract with the same is in addition to the home leave a USPSC (6) Payments During Evacuation Section
Mission to be eligible for home leave, the would earn under the contract. USAID 600.
PSC may be granted advance home leave USPSCs who complete their 12-month (7) Education Allowance Section 270.
subject to all of the following conditions: assignment at one of the qualifying posts on (8) Separate Maintenance Allowance
(i) Granting of advanced home leave would or after July 20, 2006, may be eligible for Section 260.
in each case serve to advance the attainment home leave under this new provision. For (9) Danger Pay Allowance Section 650.
of the objectives of this contract; and USAID, a list of qualifying posts can be (10) Education Travel Section 280.
(ii) The PSC has served a minimum of 18 obtained from the Human Resources Office in (1) Post Differential. Post differential is an
months in the Cooperating Country under USAID/W. additional compensation for service at places
this contract; and (3) If an eligible USPSC elects to take this in foreign areas where conditions of
(iii) The contractor agrees to return to the new home leave, the USPSC must take a environment differ substantially from
Cooperating Country to serve out the minimum of ten workdays of home leave. conditions of environment in the continental
remainder of the current contract, plus an There is no requirement that an eligible United States and warrant additional
additional 2 years under the current contract USPSC take home leave after serving 12 compensation as a recruitment and retention
or under a new contract for the same or months at a designated post; it is only an incentive. In areas where post differential is
similar services at the same Mission. If option. If a USPSC is returning to the United paid to USAID direct-hire employees, post
approved in advance by the Mission Director, States, and not returning overseas to the same differential not to exceed the percentage of
the contractor may return to serve out the or different USAID Mission, this new home salary as is provided such USAID direct-hire
remainder of the current contract, and an leave policy will not apply. employees in accordance with the
additional period of not less than 1 year (j) Holidays. The contractor, while serving Standardized Regulations (Government
under the current contract or under a new abroad, shall be entitled to all holidays Civilians, Foreign Areas) Chapter 500 (except
contract for the same or similar services at granted by the Mission to U.S.-citizen direct- the limitation contained in Section 552,
the same Mission. hire employees. ‘‘Ceiling on Payment’’) Tables—Chapter 900,
(4) The period of service overseas required as from time to time amended, will be
under paragraph (c)(2), or paragraph (c)(3) 7. Differential and Allowances (for Inclusion reimbursable hereunder for PSCs in respect
above, will include the actual days in IN USPSCs, Excluding Resident Hires) to amounts earned during the time such PSCs
orientation in the United States (less (a) By definition, a PSC is different from a actually spend overseas on work under this
language training). The actual days overseas direct-hire employee. Differentials and contract. When such post differential is
begin on the date of arrival in the allowances are not entitlements. Not all provided to the PSC, it must be payable
Cooperating Country inclusive of authorized differentials and allowances available to beginning on the date of arrival at the post
delays enroute. Allowable vacation and sick direct-hire employees are available to a PSC. of assignment and continue, including
leave taken while overseas, but not leave As a result, differences in entitlements may periods away from post on official business,
without pay, shall be included in the result between USDH and USPSCs. While until the close of business on the day of
required period of service overseas. An USAID strives for equity between USDH and departure from post of assignment enroute to
amount equal to the number of days of USPSCs, it is recognized that the differences the United States. Sick or vacation leave
vacation and sick leave taken in the United in the systems do not entirely allow for such taken at or away from the post of assignment
States, the Commonwealth of Puerto Rico, or equity. will not interrupt the continuity of the
the possessions of the United States will be (b) USPSCs (excluding resident hire) are assignment or require a discontinuance of
added to the required period of service granted applicable differentials and such post differential payments, provided
overseas. allowances to the same extent and on the such leave is not taken within the United
(5) Salary during the travel to and from the same basis as they are granted to U.S. citizen States or the territories of the United States.
United States for home leave will be limited direct-hire employees at the Mission by the Post differential will not be payable while the
to the time required for travel by the most Department of State Standardized employee is away from the post of
expeditious air route. Except for reasons Regulations (Government Civilians, Foreign assignment for purposes of home leave.
beyond the PSC’s control as determined by Areas)(DSSR), as from time to time amended. Short-term employees will be entitled to post
the Contracting Officer, the PSC must return The rate or percentage of the allowance/ differential beginning with the forty-third
to duty after home leave and complete the differential is not negotiable. U.S. resident- (43rd) day at post.
additional required service or be responsible hire PSCs are not eligible for any fringe (2) Living Quarters Allowance. Living
for reimbursing USAID for payments made benefits (except contributions for FICA, quarters allowance is an allowance granted to
during home leave. Unused home leave is not health insurance, and life insurance), reimburse an employee for substantially all
reimbursable under this contract, nor can it including differentials and allowances. of the cost for either temporary or residence
be taken incrementally in separate time Neither the Contracting Officer nor the quarters whenever Government-owned or
periods. Mission Director has the discretion to Government-rented quarters are not provided
(6) Home leave must be taken at one time, provide any additional benefits and to the PSC at the post without charge. Such
and to the extent deemed necessary by the allowances without M/OAA/P’s clearance of costs are those incurred for temporary
Contracting Officer, a contractor in the a request for deviation. lodging (temporary lodging allowance) or one
United States on home leave may be (c) An explanation for each of the unit of residence quarters (living quarters
authorized to spend not more than 5 days in differentials and allowances can be found on allowance) and include rent, plus any costs
work status for consultation at USAID/ the U.S. Department of State website at not included therein for heat, light, fuel, gas,
Washington before returning to post. www.state.gov. If an allowance or differential electricity and water. The temporary lodging
allowance and the living quarters allowance of an emergency evacuation of employees or paid to the PSC in accordance with practice
are never both payable to an employee for the their dependents, or both, from duty stations prevailing at the Mission, or the Mission
same period of time. The PSC will receive for military or other reasons or because of Director may direct that the PSC be paid a
living quarters allowance for payment of rent imminent danger to their lives. If evacuation per diem in lieu thereof as prescribed by the
and utilities if such facilities are not has been authorized by the Mission Director, Standardized Regulations (Government
supplied. Such allowance must not exceed the PSC and authorized dependents will Civilians, Foreign Areas), as from time to
the amount paid USAID employees of receive payments during evacuation from time amended.
equivalent rank in the Cooperating Country, their post of assignment in accordance with
8. Social Security and Income Tax
in accordance with either, the Standardized the Standardized Regulations (Government
Regulations (Government Civilians, Foreign Civilians, Foreign Areas), Chapter 600, and (a) F.I.C.A. and Medicare contributions at
Areas), Chapter 130, as from time to time the Federal Travel Regulations, as from time the prevailing rate, and U.S. Federal Income
amended; or other rates approved by the to time amended. Tax withholding are deducted in accordance
Mission Director. Subject to the written (7) Educational Allowance. Educational with regulations and rulings of the Social
approval of the Mission Director, short-term allowance is an allowance to assist the PSC Security Administration and the U.S. Internal
employees may be paid per diem (in lieu of in meeting the extraordinary and necessary Revenue Service, respectively.
living quarters allowance) at rates prescribed expenses, not otherwise compensated for, (b) The PSC is not eligible for the ‘‘foreign
by the Federal Travel Regulations, as from incurred by reason of the service in a foreign earned income’’ exclusion under the IRS
time to time amended, during the time such area in providing adequate elementary and Regulations (see 26 CFR 1.911–3(c)(3)).
short-term employees spend at posts of duty secondary education for the children. The 9. Advance of Dollar Funds
in the Cooperating Country under this PSC will receive educational allowance
contract. In authorizing such per diem rates, payments for the dependent children in If requested by the PSC and authorized in
the Mission Director must consider the amounts not to exceed those set forth in writing by the Contracting Officer, USAID
particular circumstances involved with Standardized Regulations (Government will arrange for an advance of funds to defray
respect to each such short-term employee Civilians, Foreign Areas), Chapter 270, as the initial cost of travel, travel allowances,
including the extent to which meals and/or from time to time amended. authorized pre-contract expenses, and
lodging may be made available without (8) Separate Maintenance Allowance. shipment of personal property. The advance
charge or at nominal cost by an agency of the Separate maintenance allowance is an is granted on the same basis as to a USAID
United States Government or of the allowance to assist an employee who is U.S.-citizen direct-hire employee in
Cooperating Government and similar factors. compelled by reason of dangerous, notably accordance with ADS 633.
(3) Temporary Lodging Allowance. unhealthful, or excessively adverse living 10. Health and Life Insurance
Temporary lodging allowance is a quarters conditions at the post of assignment in a
(a) USAID will provide the PSC a
allowance granted to an employee for the foreign area, or for the convenience of the
maximum contribution of up to 50% against
reasonable cost of temporary quarters Government, to meet the additional expense
the actual costs of the PSC’s annual health
incurred by the employee and the family for of maintaining the dependents elsewhere
insurance costs, provided that such costs do
a period not in excess of three months after than at such post. The PSC will receive
not exceed the maximum U.S. Government
first arrival at a new post in a foreign area separate maintenance allowance payments
contribution for direct-hire personnel as
or a period ending with the occupation of not to exceed that made to USAID employees announced annually by the Office of
residence (permanent) quarters, if earlier, and in accordance with the Standardized Personnel Management.
one month immediately preceding final Regulations (Government Civilians, Foreign (b) USAID will provide the PSC with a
departure from the post subsequent to the Areas), Chapter 260, as from time to time contribution of up to 50% against the actual
necessary vacating of residence quarters. The amended. costs of annual life insurance not to exceed
PSC and authorized dependents will receive (9) Danger Pay Allowance. Danger pay $500.00 per year.
temporary lodging allowance in lieu of living allowance is an allowance to provide (c) Retired U.S. Government employees
quarters allowance, not to exceed the amount additional compensation above basic must not be paid additional contributions for
set forth in the Standardized Regulations compensation to employees in foreign areas health or life insurance under their contracts.
(Government Civilians, Foreign Areas), where civil insurrection, civil war, terrorism The Government will normally have already
Chapter 120, as from time to time amended. or wartime conditions threaten physical paid its contribution for the retiree unless the
(4) Post Allowance. Post allowance is a harm or imminent danger to the health or former employee can prove to the satisfaction
cost-of-living allowance granted to an well-being of the employee. The danger pay of the Contracting Officer that the health and
employee officially stationed at a post where allowance is in lieu of that part of the post life insurance does not provide or
the cost of living, exclusive of quarters cost, differential, which is attributable to political specifically excludes coverage overseas. In
is substantially higher than in Washington, violence. Consequently, the post differential such case, the PSC would be eligible for
D.C. The PSC will receive post allowance may be reduced while danger pay is in effect contributions under paragraphs (a) and (b) of
payments not to exceed those paid USAID to avoid dual crediting for political violence. this provision, as appropriate.
employees in the Cooperating Country, in The PSC will be allowed danger pay (d) The PSC must submit proof of health
accordance with the Standardized allowance not to exceed that paid USAID and life insurance coverage to the
Regulations (Government Civilians, Foreign employees in the Cooperating Country, in Contracting Officer before any contribution is
Areas), Chapter 220, as from time to time accordance with the Standardized paid. On assignments of less than one year,
amended. Regulations (Government Civilians, Foreign costs for health and life insurance are
(5) Supplemental Post Allowance. Areas), Chapter 650, as from time to time prorated and paid accordingly.
Supplemental post allowance is a form of amended. (e) A PSC who is a spouse of a current or
post allowance granted to an employee at the (10) Educational Travel. Educational travel retired Civil Service, Foreign Service, or
post when it is determined that assistance is is travel to and from a school in the United Military Service member and who is covered
necessary to defray extraordinary subsistence States for secondary education (in lieu of an by their spouse’s Government health or life
costs. The PSC will receive supplemental educational allowance) and for college insurance policy is ineligible for the
post allowance payments not to exceed the education. The PSC will receive educational contribution under paragraphs (a) and (b) of
amount set forth in the Standardized travel payments for the dependent children this provision.
Regulations (Government Civilians, Foreign provided such payment does not exceed that (f) If the PSC is covered under a spouse’s
Areas), Chapter 230, as from time to time which would be payable in accordance with health insurance plan, where the spouse’s
amended. the Standardized Regulations (Government employer pays some or all of the health
(6) Payments during Evacuation. The Civilians, Foreign Areas), Chapter 280, as insurance costs for the spouse and the PSC,
Standardized Regulations (Government from time to time amended. Educational the PSC is ineligible for the contribution
Civilians, Foreign Areas) provide the travel must not be authorized for PSCs whose under paragraphs (a) and (b) of this
authority for efficient, orderly, and equitable assignment is less than two years. provision.
procedure for the payment of compensation, (e) The allowances provided in paragraphs (g) If the PSC is covered under a spouse’s
post differential and allowances in the event (a)(1) through (10) of this provision must be health insurance plan, where the spouse’s
employer pays only for the spouse’s share of and expeditious route. If the contract is for such costs will be reimbursed for travel from
the insurance cost and the employer does not longer than one year and the PSC does not place of abode to assigned station in the
pay for any portion of the premium for the complete one full year at post of duty (except Cooperating Country and returned, only if
PSC, the PSC is eligible for the contributions for reasons beyond the PSC’s control as the dependent remains in the Cooperating
in (a) and (b) of this provision. The PSC must determined by the CO), the costs of going to Country for at least 9 months or one-half of
provide to the Contracting Officer proof of and from the post of duty for the PSC and the required tour of duty of the PSC,
this coverage and premiums paid. dependents are not reimbursable hereunder. whichever is greater, except as otherwise
If the PSC serves more than one year but less authorized hereunder for education, medical
11. Travel and Transportation Expenses than the required service in the Cooperating or emergency visitation travel. If the
(a) General. Country (except for reasons beyond the PSC’s dependent is eligible for educational travel
(1) Generally a travel authorization (TA) control as determined by the CO) the costs pursuant to the ‘‘Differential and
will be provided to the PSC for transportation of going to the post of duty are reimbursable Allowances’’ provision of this contract, time
authorized by this contract originating in the hereunder but the costs of going from post of spent away from post resulting from
United States. The executive officer at the duty to the PSC’s permanent, legal place of educational travel will be counted as time at
Mission will provide a TA for authorized residence at the time he or she was employed post.
transportation which is payable in local for work under this contract, or other (g) Delays Enroute. The PSC may be
currency or is to originate overseas. When location as approved by the Contracting granted reasonable delays enroute while in
transportation is not provided by the Officer, are not reimbursable under this travel status when such delays are caused by
Government-issued TA, the PSC must contract for the PSC and dependents. When events beyond the control of the PSC and are
procure transportation, the costs of which travel is by economy class accommodations, not due to circuitous routing. It is understood
will be reimbursed in accordance with the the PSC will be reimbursed for the cost of that if delay is caused by physical
terms of this contract. transporting up to 10 kilograms/22 pounds of incapacitation, the PSC will be eligible for
(2) The PSC will be reimbursed for accompanied personal baggage per traveler in such sick leave as provided under the ‘‘Leave
reasonable, allocable and allowable travel addition to that regularly allowed with the and Holidays’’ provision of this contract.
and transportation expenses incurred under economy ticket provided that the total (h) Travel by Privately Owned Automobile
and for the performance of this contract. number of pounds of baggage does not (POV). If travel by POV is authorized in the
Determination of reasonableness, allocability exceed that regularly allowed for first class contract schedule or approved by the
and allowability will be made by the travelers. Travel allowances for travelers Contracting Officer, the PSC will be
Contracting Officer in accordance with must not be in excess of the rates authorized reimbursed for the cost of travel performed
USAID’s established policies and procedures in the Standardized Regulations (Government in the POV at a rate not to exceed that
and the particular needs of the activity being Civilians, Foreign areas)—hereinafter referred authorized in the Federal Travel Regulations
implemented by this contract. Salary will not to as the Standardized Regulations—as from plus authorized per diem for the employee
be paid during initial travel to the Mission time to time amended, for not more than the and for each of the authorized dependents
and return at the end of the contract, unless travel time required by scheduled traveling in the POV, if the POV is being
specifically authorized in the contract. The commercial air carrier using the most driven to or from the Cooperating Country as
following paragraphs provide specific expeditious route. One stopover enroute for authorized under the contract, provided that
guidance and limitations on particular items a period of not to exceed 24 hours is the total cost of the mileage and the per diem
of cost. allowable when the traveler uses economy paid to all authorized travelers must not
(b) U.S. Travel and Transportation. The class accommodations for a trip of 14 hours exceed the total constructive cost of fare and
PSC will be reimbursed for actual or more of scheduled duration. Such normal per diem by all authorized travelers
transportation costs and travel allowances in stopover must not be authorized when travel by surface common carrier or authorized air
the United States as authorized in the is by indirect route or is delayed for the fare, whichever is less.
Contract Schedule or approved in advance by convenience of the traveler. Per-diem during (i) Emergency and Irregular Travel and
the Contracting Officer or the Mission such stopover must be paid in accordance Transportation. Emergency transportation
Director. Transportation costs and travel with the Federal Travel Regulations as from costs and travel allowances while enroute, as
allowances must not be reimbursed in any time to time amended. provided in this section, will be reimbursed
amount greater than the cost of, and time (d) Local Travel. Reimbursement for local not to exceed amounts authorized by the
required for, Economy-class commercially travel in connection with duties directly Foreign Service Travel Regulations for
scheduled air travel by the most expeditious referable to the contract must not be in excess USAID direct hire employees in like
route except as otherwise provided in of the rates established by the Mission circumstances under the following
paragraph (g) of this provision. Any travel Director for the travel costs of travelers in the conditions:
other than by economy class must be Cooperating Country. In the absence of such (1) The costs of going from post of duty in
approved in advance by the CO and the PSC established rates the PSC will be reimbursed the Cooperating Country to the employee’s
must certify to the unavailability of economy for actual travel costs in the Cooperating permanent, legal place of residence at the
class in the voucher or other documents Country or the Mission, including travel time the PSC was employed for work under
submitted for reimbursement. allowances at rates not in excess of those this contract or other location for contractor
(c) International Travel. For travel to and prescribed by the Standardized Regulations. employees and dependents and returning to
from post of assignment, the PSC will be (e) Indirect Travel for Personal the post of duty, subject to the prior written
reimbursed for travel costs and travel Convenience. When travel is performed by an approval of the Mission Director that such
allowances from place of residence in the indirect route for the personal convenience of travel is necessary for one of the following
United States (or other location provided that the traveler, the allowable costs of such travel reasons.
the cost of such travel does not exceed the will be computed on the basis of the cost of (i) Need for medical care beyond that
cost of the travel from the PSC’s residence in allowable air fare via the direct usually available within the area to which the
the United States) to the post of duty in the traveled route. If such costs include fares for employee is assigned, or serious effect on
Cooperating Country and return to place of air or ocean travel by foreign flag carriers, physical or mental health if residence is
residence in the United States (or other approval for indirect travel by such foreign continued at assigned post of duty. The
location provided that the cost of such travel flag carriers must be obtained from the Mission Director may authorize a medical
does not exceed the cost of travel from the Contracting Officer or the Mission Director attendant to accompany the employee at
post of duty in the Cooperating Country to before such travel is undertaken, otherwise contract expense if, based on medical
the PSC’s residence) upon completion of only that portion of travel accomplished by opinion, such an attendant is necessary.
services by the individual. Reimbursement the United States-flag carriers will be (ii) Death, or serious illness or injury of a
for travel must be in accordance with reimbursable within the above limitation of member of the immediate family of the
USAID’s established policies and procedures allowable costs. employee or the immediate family of the
for its direct-hire employees and the (f) Limitation on Travel by Dependents. employee’s spouse.
provisions of this contract, and must be Travel costs and allowances will be allowed (2) When, for any reason, the Mission
limited to the cost of travel by the most direct for authorized dependents of the PSC and Director determines it is necessary to
evacuate the PSC or PSC’s dependents, the owned vehicle for the PSC, personal effects and personal effects of USAID contractors
PSC will be reimbursed for travel and of the PSC and authorized dependents, and between certain locations. These reduced
transportation expenses and travel allowance household goods of the PSC not to exceed the rates are available provided the shipper
while enroute, for the cost of the individuals limitations in effect for such shipments for furnishes to the carrier at the time of the
going from post of duty in the Cooperating USAID direct-hire employees in accordance issuance of the Bill of Lading documentary
Country to the employee’s permanent, legal with the Foreign Service Travel Regulations evidence that the shipment is for the account
place of residence at the time the PSC was in effect at the time shipment is made. These of USAID. The Contracting Officer will, on
employed for work under this contract or limitations may be obtained from the request, furnish to the PSC current
other approved location. The Mission Contracting Officer. information concerning the availability of a
Director will determine when such (2) The cost of transporting motor vehicles reduced rate with respect to any proposed
employees and dependents can return to the and household goods must not exceed the shipment. The PSC must not be reimbursed
Mission. cost of packing, crating, and transportation for shipments of household goods or personal
(3) The Mission Director may also by surface common carrier. In the event that effects in amounts in excess of the reduced
authorize emergency or irregular travel and the carrier does not require boxing or crating rates, which are available in accordance with
transportation in other situations, when in of motor vehicles for shipment to the the foregoing.
the Mission Director’s opinion, the Cooperating Country, the cost of boxing or (o) Storage of household effects. The cost
circumstances warrant such action. The crating is not reimbursable. The of storage charges (including packing,
authorization must include the kind of leave transportation of a privately owned motor crating, and drayage costs) in the U.S. of
to be used and appropriate restrictions as to vehicle for a PSC may be authorized as a household goods of the PSC will be
time away from post, transportation of replacement of the last such motor vehicle permitted in lieu of transportation of all or
personal and household effects, etc. shipped under this contract for such PSC any part of such goods to the Cooperating
(j) Home Leave Travel. To the extent that when the Mission Director determines, in Country under paragraph (l) above provided
home leave has been authorized as provided advance, and so notifies the PSC in writing, that the total amount of effects shipped to the
in the ‘‘Leave and Holidays’’ provision of this that the replacement is necessary for reasons Cooperating Country or stored in the U.S.
contract, the cost of travel for home leave is not due to the negligence or malfeasance of must not exceed the amount authorized for
reimbursable for travel costs and travel the PSC. The determination must be made USAID direct-hire employees under the
allowances of travelers from the post of duty under the same rules and regulations that Department of State Standardized
in the Cooperating Country to place of apply to authorized Mission U.S. citizen Regulations. These amounts are available
residence in the United States (or other direct-hire employees. from the Contracting Officer.
location provided that the cost of such travel (m) Unaccompanied Baggage. (p) Repatriation Travel. A PSC must return
does not exceed the cost of travel to the PSC’s Unaccompanied baggage is considered to be to the U.S. within 30 days after termination
those personal belongings needed by the or completion of employment or forfeit all
residence in the United States) and return to
traveler immediately upon arrival of the PSC right to reimbursement for repatriation travel.
the post of duty in the Cooperating Country.
and dependents, and consideration should be
Reimbursement for travel must be in 12. Payment
given to advance shipments of
accordance with the Department of State
unaccompanied baggage. The PSC will be (a) As approved and directed by the paying
Standardized Regulations, as from time to
reimbursed for costs of shipment of office, time and attendance will be submitted
time amended, and must be limited to the unaccompanied baggage (in addition to the for PSCs in the same manner as is approved
cost of travel by the most direct and weight allowance for household effects) not for direct-hire personnel.
expeditious route. Travel allowances for to exceed the limitations in effect for USAID (b) Once each month, or at more frequent
travelers must be in accordance with the direct-hire employees in accordance with the intervals, if approved by the paying office
rates authorized in the Standardized Foreign Service Travel Regulations as in indicated on the Cover Page, the PSC may be
Regulations as from time to time amended, effect when shipment is made. These required to submit to such office form SF
for not more than the travel time required by limitations are available from the Contracting 1034 ‘‘Public Voucher for Purchases and
scheduled commercial air carrier using the Officer. This unaccompanied baggage may be Services Other Than Personal’’ (original) and
most expeditious route using economy class. shipped as air freight by the most direct route SF 1034–A (three copies), or whatever other
One stopover enroute for a period of not to between authorized points of origin and form is locally required or accepted. Each
exceed 24 hours is allowable when the destination regardless of the modes of travel voucher must be identified by the USAID
traveler uses economy class accommodations used. This provision is applicable to home contract number and properly executed in
for a trip of 14 hours or more of scheduled leave travel when authorized by the terms of the amount of dollars claimed during the
duration. Such stopover must not be this contract. period covered. The voucher forms must be
authorized when travel is by indirect route or (n) International Ocean Transportation. supported by:
is delayed for the convenience of the traveler (1) (i) Transportation of goods. Where U.S. (1) The PSC’s detailed invoice, in original
or the traveler uses other than economy class. flag vessels are not available, or their use and two copies, indicating for each amount
Per-diem during such stopover must be paid would result in a significant delay, the PSC claimed the paragraph of the contract under
in accordance with the Standardized may obtain a release from the requirement to which payment is to be made, supported
Regulations. use U.S.-flag vessels from the Transportation when applicable as follows:
(k) Rest and Recuperation Travel. If Division, Office of Acquisition and (i) For compensation—a statement showing
approved in writing by the Mission Director, Assistance, U.S. Agency for International period covered, days worked, and days when
the PSC and dependents will be allowed rest Development, Washington, DC 20523–1419, PSC was in authorized travel, leave, or
and recuperation travel on the same basis as or the Mission Director, as appropriate, stopover status for which compensation is
authorized USAID direct-hire Mission giving the basis for the request. claimed. All claims for compensation must
employees and their dependents. (ii) Transportation of persons. Where U.S. be accompanied by, or must incorporate, a
(l) Transportation of Motor Vehicles, flag vessels are not available, or their use certification signed by the PSC’s supervisor
Personal Effects and Household Goods. would result in a significant delay, the PSC covering days or hours worked, or authorized
(1) Transportation costs must be paid on may obtain a release from the requirement to travel or leave time for which compensation
the same basis as for USAID direct-hire use U.S.-flag vessels from the Contracting is claimed.
employees serving the same length tour of Officer or the Mission Director, as (ii) For travel and transportation—a
duty, as authorized in the schedule. appropriate. statement of itinerary with attached carrier’s
Transportation, including packing and (2) Transportation of foreign-made receipt and/or passenger’s coupons, as
crating costs, will be paid for shipping from vehicles. Reimbursement of the costs of appropriate.
the point of origin in the United States (or transporting a foreign-made motor vehicle (iii) For reimbursable expenses—an
other location as approved by the Contracting will be made in accordance with the itemized statement supported by original
Officer) to post of duty in the Cooperating provisions of the Foreign Service Travel receipts.
Country and return to point of origin in the Regulations. (2) The first voucher submitted must
United States (or other location as approved (3) Reduced rates on U.S.-flag carriers are account for and liquidate the unexpended
by the Contracting Officer) of one privately- in effect for shipments of household goods balance of any funds advanced to the PSC.
(c) A final voucher and release of claims immunities enjoyed by U.S. direct-hire administratively controlled designation of
certification must be submitted by the PSC employees. Normally, the agreements do not information.
promptly following completion of the duties permit these facilities to be made available to (7) The PSC agrees to certify after
under this contract but in no event later than non-official Americans. completion of the assignment under this
120 days (or such longer period as the contract that s/he has surrendered or
Contracting Officer may approve in writing) 15. Security disposed of all classified and/or
from the date of contract completion. The (a) Security Requirements administratively controlled information in
PSC’s claim, which includes the final (1) This entire provision applies to the the custody in accordance with applicable
settlement of compensation, must not be paid extent that this contract involves access to security instructions.
until after the performance of the duties information classified as ‘‘Confidential’’, (b) Conditions for Contracting Before Receipt
required under the terms of this contract has ‘‘Secret’’, or ‘‘Top Secret’’ or access to of Security Clearance
been approved by USAID. Following this administratively controlled information
approval by USAID, the PSC will submit the (1) U.S. Resident Hire PSC. The PSC may
‘‘Sensitive But Unclassified’’ (SBU). PSCs
Release of Claims Certification and the begin work before receiving final security
that are not U.S. citizens must not have
voucher designated by the PSC as the ‘‘final clearance. However, until such time as the
access to classified or administratively
voucher’’. This final voucher must be final clearance is received, the PSC will have
controlled information.
submitted on Form SF 1034 (original) and SF no access to classified or administratively
(2) Security provisions apply to this
1034–A (three copies). This final voucher controlled materials. Further, failure to
contract where no individual is to be
must include a refund check for the balance obtain clearance will constitute cause for
awarded a contract until a personnel security
remaining on hand of any funds which may contract termination in accordance with the
investigation is completed at the level
have been advanced to the PSC, or the termination provision of this contract.
appropriate for the position and a temporary
Government must pay any amounts due and (2) Off-shore/Washington based U.S. PSC.
clearance or Facility Access Authorization is
owing to the PSC. If the Contracting Officer so authorizes, the
issued by SEC. If the PSC does not receive
(d) Release of Claims Certification. The PSC may begin travel to post to start work,
a final security clearance, the contract will be
following Release of Claims Certification or if Washington based may begin work,
terminated in accordance with the
must be included on the final voucher, before receipt of the final security clearance.
termination provision of this contract.
signed and dated by the PSC. However, until such time as the final security
(3) The PSC
‘‘WHERE AS, by the terms of the contract clearance is received, the PSC will:
(i) Will be responsible for safeguarding all
between the PSC, (insert name) and the (i) Have no access to classified or
classified or administratively controlled
United States, it is provided that after administratively controlled materials;
information in accordance with all applicable
completion of all the work, and prior to final (ii) Be authorized to travel to post but
security rules, regulations, policies and
payment, the PSC shall furnish the United without any dependents; and
procedures and must not supply, disclose, or
States with a release of all claims. (iii) Be authorized no entitlements other
otherwise permit access to classified
‘‘NOW, THEREFORE, in consideration of than those normally authorized for short term
information or administratively controlled
the above premises and the payment (by the (less than a year) USDH employees at post.
information to any unauthorized person;
United States to the PSC, or by the PSC to (iv) Even if the contract is for one year or
(ii) Must not make or permit to be made
the United States, as applicable) of the more, dependents may not accompany the
any reproductions of classified information
amount now due under the contract, to wit, PSC, and transportation/storage of
or administratively controlled information
the sum of llll dollars ($llll), the household/personal effects and motor vehicle
except with the prior written authorization of
PSC hereby remises, releases, and forever will not be authorized by USAID before the
the Contracting Officer or Mission Director;
discharges the United States, its officers, receipt of the final security clearance. If
(iii) Must submit to the Contracting Officer,
agents, and employees, of and from all appropriate, after receipt of the final
at such times as the Contracting Officer may
manner of liabilities, obligations, accounts, clearance and given the length of time
direct, an accounting of all reproductions of remaining, the Contracting Officer may
claims, and demands whatsoever, in law and classified or administratively controlled
in equity, under or arising from the contract, authorize dependent travel and shipment/
information; and storage of motor vehicle and effects.
except: (if there are no exceptions, state (iv) Must not incorporate in any other
‘‘None’’ on the line below). Allowances and benefits which are
project any matter which will disclose subsequently authorized by the Contracting
lllllllllllllllllllll classified and/or administratively controlled Officer will be paid to or on behalf of the
I, lllll certify that I am the PSC in information except with the prior written PSC. The Contracting Officer will determine
the foregoing release, and who signed this authorization of the Contracting Officer. the effective date of such allowances and
release. (4) The PSC must follow the procedures for benefits, subject to the availability of funds.
Signed: llllll classifying, marking, handling, transmitting, Failure to obtain the final security clearance
Date:llllll’’ disseminating, storing, and destroying will constitute cause for contract termination
official material in accordance with all in accordance with the termination provision
13. Conversion of U.S. Dollars to Local applicable security rules, regulations, of this contract.
Currency policies and procedures.
The PSC will be provided the policy to be (5) The PSC agrees to submit immediately 16. Notices
followed in the conversion of U.S. dollars to to the Mission Director or Contracting Officer (a) Any notice, given by any of the parties
local currency. This may include, but not be a complete detailed report, appropriately involved in this contract, will be sufficient
limited to the conversion of said currency classified, of any information which the PSC only if in writing and delivered in person or
through the cognizant U.S. Disbursing may have concerning existing or threatened sent by telegraph, telegram, registered, or
Officer, or Mission Controller, as appropriate. espionage, sabotage, or subversive activity. regular mail as follows:
(6) The Government agrees that, when (1) To: Director of U.S. Foreign Assistance
14. Post of Assignment Privileges necessary, it will indicate by security and USAID Administrator, U.S. Agency for
Privileges such as the use of APO, PX’s, classification or administratively controlled International Development, Washington, DC
commissaries, and officers clubs are designation, the degree of importance to the 20523–0001, Attention: Contracting Officer
established at posts abroad under agreements national defense of information to be (name of the cognizant Contracting Officer
between the U.S. and host governments. furnished by the PSC to the Government or with a copy to the appropriate Mission
These facilities are intended for and usually by the Government to the PSC, and the Director).
limited to members of the official U.S. Government will give written notice of such (2) To PSC: [Name], [Address].
establishment including the Embassy, USAID security classification or administratively (b) At the post of duty while in the
Mission, U.S. Information Service and the controlled designation to the PSC and of any Cooperating Country and at the PSC’s
Military. Off-shore USPSCs are entitled to subsequent changes. The PSC is authorized address shown on the Cover Page of this
use the pouch and/or APO on the same basis to rely on any letter or other written contract or to another address as either party
as U.S. Direct-hire employees. Off-shore instrument signed by the Contracting Officer designates by notice given as required here.
USPSCs are also entitled to the privileges and changing a security classification or Notices must be effective in accordance with
this provision or on the effective date of the 20. Orientation and Language Training individual’s Bureau/Independent Office/
notice that changes this provision, whichever Orientation and language training will not Mission, in the same one year period.
is later. be provided unless specifically required for (2) The minimum dollar value for an
the position and included in the contract. individual On-The-Spot Cash Award is $25.
17. Use of Pouch The maximum dollar value of an individual
(a) Use of diplomatic pouch is controlled 21. Medical Evacuation (MEDEVAC) On-The-Spot Award is $500. An award may
by the Department of State. The Department Insurance (Pursuant to class deviation OAA– be provided in any amount between $25 and
of State has authorized the use of pouch DEV–2006–1c) $500, ensuring compliance with the
facilities for USAID off-shore USPSCs on the (a) The PSC must obtain MEDEVAC service limitation noted in paragraph (a)(1) of this
same basis as USDH employees. In coverage including coverage for authorized provision.
dependents while performing personal These awards are considered income for
consideration of the use of pouch facilities,
services abroad. USAID will reimburse the U.S. citizens/resident aliens by the Internal
the PSC agrees to indemnify and hold Revenue Service, and are subject to
harmless the Department of State and USAID total cost of MEDEVAC insurance to the PSC.
The PSC must provide proof of coverage to withholding and other taxes.
for loss or damage occurring in pouch (b) Special Act Awards. This cash award
the CO in order to receive reimbursement.
transmission. recognizes a specific nonrecurring superior
(b) Exceptions.
(1) Official and personal mail, sent by (1) A PSC and authorized dependents with act or contribution to the public interest that
pouch, must be addressed in accordance with a health insurance program that includes is beyond or outside normal job
Mission instructions. sufficient MEDEVAC coverage as approved responsibilities as covered by the
(2) Mail sent via the diplomatic pouch by the Contracting Officer are not required to individual’s job description. The specific act
must not be in violation of U.S. Postal laws obtain MEDEVAC service coverage. or contribution must be beyond the standard
and must not contain material ineligible for (2) The Mission Director at the post of for minimum satisfactory performance
pouch transmission. assignment may make a written required by the contract. Unlike other cash
(3) Use of military postal facilities (APO/ determination to waive the requirement for awards, this award may not be given for
FPO) is authorized for off-shore USPSCs on such coverage. The determination must be general superior performance of the work
the same basis as approved for direct-hire based on findings that the quality of local required by the contract. The Parameters/
employees at the USAID Mission. Posts medical services or other circumstances Limitations are as follows:
having access to APO/FPO facilities and obviate the need for such coverage for PSCs (1) No more than one Special Act Award
using them for diplomatic pouch dispatch, and their dependents located at post. may be granted to a USPSC in any one year
period.
may, however, accept official and personal 22. Governing Law (2) Special Act Awards are considered
mail for the pouch provided, of course,
This contract is established under the income by the Internal Revenue Service, and
adequate postage is affixed when onward
procurement authorities of the United States are subject to withholding and other taxes for
transmission (mail to other than USAID/W) U.S. citizens and U.S. resident aliens.
Government and is governed by the laws of
through U.S. postal channels is required. (c) Time-Off Awards. This award is given
the United States including the procurement
(b) The PSC is responsible for compliance laws of the United States. This contract in the form of excused absence from official
with the guidelines and limitations on use of contains the entire agreement of the parties duty time, without loss of pay or charge to
pouch facilities and military postal facilities. with respect to the subject matter hereof, and the individual’s leave balance. This award is
(c) Specific additional guidance on use of no representations, inducements, promises or given to encourage and reward superior
mail facilities in accordance with this agreements, oral or written between the accomplishments, beyond minimum
provision is available from the Post parties not embodied herein shall have any satisfactory performance required under the
Communication Center at the Embassy or force or effect. This contract is a complete contract, that contribute to the quality,
USAID Mission. statement of the duties, compensation, efficiency, and/or economy of Government
benefits, leave, and all terms and conditions; operations, or for special and specific
18. Biographical Data nonrecurring commendable acts or
therefore, the laws of the country of
(a) The PSC agrees to furnish biographical performance with respect to labor and contributions during the contract
information to the Contracting Officer on the contract matters will not apply to carrying performance period.
required application forms. out of the obligations of the parties under this A Time Off award is granted based on the
(b) The PSC agrees to provide the following contract, to the interpretation of this contract same criteria as an On-the-Spot Cash award,
information to the Mission Administrative or to disputes arising under or relating to this and there is no general preference for one or
Officer on arrival in the host country contract. Any such disputes shall be resolved the other, as a matter of agency policy.
regarding the PSC and dependents: by the courts or administrative tribunals of Conditions within the operating unit and
(1) PSC’s full name, home address, and the United States. circumstances of the individual being
telephone number including any after-hours nominated will dictate the most appropriate
23. Incentive Awards choice. A Time-Off Award is categorized as
emergency number(s).
(2) The name and number of the contract, USPSCs may receive certain monetary and a ‘‘cash’’ award because it represents paid
non-monetary awards. The monetary awards time away from official duty. The
and whether the individual is the PSC or the
are limited solely to: Parameters/Limitations are as follows:
PSC’s dependent.
(a) On-the-Spot Cash Awards. This cash (1) A full-time USPSC (i.e., 2087 work
(3) The name, address, and home and
award is given to encourage and reward hours/year) may be granted up to a total of
office telephone number(s) of each superior accomplishments, beyond the 27 hours in awards during any one-year
individual’s next of kin. minimum satisfactory performance required period of the contract.
(4) Any special instructions pertaining to under the contract, that contribute to the (2) The minimum amount of time for
emergency situations such as power of quality, efficiency, and/or economy of which a full-time USPSC may be granted
attorney designees or alternate contact Government operations, or for special and time off is one (1) hour. The maximum
persons. specific nonrecurring commendable acts or amount of time for which an individual
19. U.S. Resident Hire Personal Services contributions during the contract Time-Off Award may be granted is 27 hours.
Contractor (for Inclusion in U.S. Resident performance period. The Parameters/ An award may be granted in any one-hour
Limitations are as follows: time increment between 1–27 hours for a
Hire Personal Services Contracts)

(1) (A USPSC may receive one or more On- full-time USPSC.
A PSC meeting the definition of a U.S. The-Spot Award not to exceed a total of $500 (3) The maximum amount of time for
Resident Hire PSC, is subject to U.S. Federal in any one year period from the individual’s which any part-time USPSC may be granted
Income Tax, but is not eligible for any employing Bureau/Mission/Independent a Time-Off Award is to be calculated by
allowances, differentials or fringe benefits Office. A USPSC may receive additional On- prorating the maximum available to a full-
(except contributions for FICA, health The-Spot Cash Awards up to $500 combined time USPSC (27 hours/year) commensurate
insurance, life insurance and MEDEVAC). total from USAID organizations outside of the with the number of work hours in the part-
time USPSC’s work year. As an example, if (4) The following scale is provided as a contract. The figures are to be prorated as
the individual works approximately 1044 general guide in determining the appropriate noted above for individuals working under a
hours/year the maximum amount of time in amount of time to grant for a Time-Off part-time contract:
a year for which he/she may be granted a Award. The scale is based on an individual
time-off award is 14 hours. working under a full-time (2087 hours/year)
Contribution above and beyond satisfactory performance Recommended time off award
A contribution that is of sufficient value to merit recognition. Beneficial Up to One Work Day, (not to exceed 9 hours).
change or modification to policies/procedures. Contribution benefits
immediate unit or staff.
An important contribution to the value of an activity program, or serv- Up to Two Work Days, (not to exceed 18 hours).
ice. Significant change to policies/procedures. Contribution benefits
several units or an entire Mission/Bureau/Office.
A highly significant contribution to the value of an activity, program, or Up to Three Work Days, (not to exceed 27 hours).
service. A complete revision of policies/procedures with considerable
impact. Contribution benefits an entire Mission/Bureau/Office or is of
a cross-cutting nature impacting several organizations within the
Agency.
(5) The scheduling of Time-Off Awards (2) Cash Awards are separate and distinct physically qualified to reside in the
must be approved by the individual’s from the pay comparability increase, and the cooperating country. A copy of that medical
supervisor because this award type annual increase for satisfactory performance opinion must be provided to the Contracting
represents time away from official duty, available within the personal services Officer before the PSC and the dependent’s
which has the potential to impact the contract. departure for the cooperating country.
operating unit’s operations. Neither the TCN nor the dependents will
PART III: For Inclusion in Third Country have access to the Embassy Health Unit.
(6) A PSC who becomes physically National Personal Service Contracts
incapacitated while using a Time-Off Award (2) The PSC is reimbursed for the cost of
(TCNPSCs) Only the physical examinations mentioned in
may be granted sick leave for the period of
incapacitation. The employee is responsible 1. Purchase or Sale of Personal Property or paragraph (a)(1) of this provision not to
for notifying the supervisor immediately to Automobiles exceed $700 per examination for the PSC and
report the illness during the period of the PSC’s dependents of 12 years of age and
(a) To the extent permitted by the
excused absence. over; and not to exceed $350 per examination
cooperating country, the purchase, sale,
(7) A Time-Off Award is granted to for PSC’s dependents under 12 years of age.
import, or export of personal property or The PSC will also be reimbursed by USAID
recognize a superior achievement and may automobiles in the cooperating country by
not be used as a substitute for compensatory for the cost of all immunizations normally
the PSC is subject to the same limitations and authorized for USPSCs.
time off. prohibitions that apply to Mission U.S.-
(8) In deciding whether a Time-Off Award citizen direct-hire employees. 3. Leave and Holidays
is the appropriate award type, the supervisor (b) Insurance on Private Automobiles. If (a) Vacation Leave. The PSC may accrue,
must consider the individual’s leave balance. the PSC or the dependents transport, or have accumulate, use, and be paid for vacation in
If the individual has an excessive leave transported, privately owned automobile(s) accordance with the Local Compensation
balance, a cash award may be more to the Cooperating Country or purchase an Plan (LCP). No vacation leave is earned if the
appropriate, so as not to adversely affect the automobile within the Cooperating Country, contract is for less than 90 days. Unused
PSC who may have annual leave subject to the PSC agrees to cover such automobile(s) vacation leave may be carried over under an
forfeiture at the end of the contract. (during such ownership within the extension or renewal of the contract as long
(9) Time-Off Awards must be used within Cooperating Country) by a current, i.e., not in as it conforms to Mission policy, practice and
6 months of approval and may not be arrears, insurance policy. The insurance the LCP. With the approval of the PSC’s
transferred to a new or follow-on contract policy must be issued by a reliable company supervisor and concurrence by the CO and if
with either the same or new work unit under providing the following minimum coverage, the circumstances warrant, a PSC may be
any circumstances. In cases where the time or such other minimum coverage as may be granted advance vacation leave in excess of
off is not used within six months after the set by the Mission Director, payable in U.S. that earned, but in no case will a PSC be
date of approval, the time-off must be dollars or their equivalent in the currency of granted advance vacation leave in excess of
forfeited. the Cooperating Country: injury to persons, that which the PSC will earn in one year of
(10) Under no circumstances may a Time- $10,000/$20,000; and property damage, the contract. The PSC agrees to reimburse
Off Award be converted to a lump-sum $5,000. The PSC further agrees to deliver, or USAID for leave used in excess of the amount
payment or transferred to any other contract. have delivered, to the Mission Director, the earned during the PSC’s assignment under
A Time-Off Award not used by the end of the insurance policies required by this provision the contract.
contract period must be forfeited, even if less or satisfactory proof of their existence, before (b) Sick Leave. The PSC may accrue,
than 6 months from the date of approval. the automobile(s) is operated within the accumulate, and use sick leave in accordance
USPSCs are not eligible for nomination for Cooperating Country. The premium costs for with the LCP. Unused sick leave may be
any other types of cash awards other than the such insurance are not reimbursable under carried over under an extension or renewal
specific awards outlined above. this contract. of the contract. Leave earned but unused at
(d) Multiple Award Nominations: the completion of this contract will be
(1) A USPSC may be nominated for more 2. Physical Exams and Health Room disposed of in accordance with the LCP.
than one award within the period of contract Privileges (c) Leave Without Pay. Leave without pay
performance, or other benchmark period (a) Physical Fitness. may be granted only with the written
stated in the contract. Each award (1) The PSC must obtain a physical approval of the PSC’s supervisor and
nomination will be reviewed on its own examination including for any accompanying concurrence by the Contracting Officer.
merit, and decisions to approve it will be dependents by a licensed doctor of medicine. (d) Holidays. The PSC is entitled to all
based on whether the employee’s The PSC must obtain a statement of medical holidays granted by the Mission in
performance meets the criteria for that opinion from the doctor that, in the doctor’s accordance with the LCP.
particular award. However, a USPSC may not opinion, the PSC is physically qualified to (e) Compensatory Time. Comp time or
receive multiple cash or time-off awards for engage in the type of activity under the overtime for TCNPSCs is governed by the
the same act or service. contract, and the PSC’s dependents are local compensation plans. If the LCP does not
include procedures for comp time or (1) The PSC shall earn vacation leave at the covered by Sec. 636(a)(3) of the FAA or other
overtime, the prevailing practice of each rate of 13 workdays per annum or 4 hours statutory provision applicable to USAID);
respective Mission must be followed. Comp every 2 weeks. However, no vacation shall be and/or former U.S. Government (USG) direct
time is not transferable from one contract to earned if the tour of duty is less than 90 days. hire service—civilian and/or military), the
another and is not reimbursable. (2) Notwithstanding paragraph (a)(1) of this PSC will earn vacation leave based on time
3A. Leave and Holidays for TcNPSCs Paid provision, if the PSC has had previous: in service as follows:
Under the General Schedule USAID PSC service (i.e., has served under
(a) Vacation Leave. other personal services contracts (PSCs)
Time in service Calculated vacation time
Up to 3 years of service ........................................................................... Four hours of vacation leave for each two week period.
over 3 years and up to 15 years of service ............................................. Six hours of vacation leave for each two week period (including 10
hours vacation leave for the final pay period of a calendar year).
15+ years of service ................................................................................. Eight hours of vacation leave for each two week period.
(3)(i) Vacation leave is provided under this evidence that verifies length of service, e.g., any days spent elsewhere are charged to
contract for the purposes of affording SF 50, DD Form 214, and/or signed contracts. vacation leave or leave without pay.
necessary rest and recreation during the (b) Sick Leave. Sick leave is earned at a rate (3) Notwithstanding the requirement in
period of performance. The PSC in not to exceed 13 work-days per annum or 4 paragraph (g)(2) of this provision that the
consultation with the USAID Mission or hours every 2 weeks. Unused sick leave may PSC must have served 2 years overseas under
USAID/Washington, as appropriate, shall be carried over under an extension/renewal personal services contract with the same
develop a vacation leave schedule early in of this contract. Otherwise, sick leave will Mission to be eligible for country leave, the
the PSC’s period of performance taking into not be carried over from one post to another PSC may be granted advance country leave
consideration project requirements, or from one contract to another. The PSC will subject to all of the following conditions:
employee preference and other factors. All not be compensated for unused sick leave (i) Granting of advanced country leave
vacation leave earned by the PSC must be upon completion of this contract. would in each case serve to advance the
used during the PSC’s period of performance. (c) Leave Without Pay. Leave without pay attainment of the objectives of this contract;
All vacation leave earned by the PSC, but not may be granted only with the written and
taken by the end of the PSC’s contract, will approval of the Contracting Officer or (ii) The PSC has served a minimum of 18
be forfeited. However, to prevent forfeiture of Mission Director. months in the Cooperating Country under
vacation leave, the Contracting Officer may (d) Compensatory Time. Compensatory this contract; and
approve the PSC taking vacation leave during leave may be granted only with the written (iii) The PSC agrees to return to the
the concluding weeks of the PSC’s contract. approval of the Contracting Officer or Cooperating Country to serve out the
(ii) As an exception to paragraph 3(i) of Mission Director in rare instances when it remainder of the current contract, plus an
this provision, the PSC may receive lump- has been determined absolutely essential and additional 2 years under the current contract
sum payment for leave not taken. To approve used under those guidelines which apply to or under a new contract for the same or
this exception, the PSC’s supervisor must direct-hire employees. similar services at the same Mission. If
provide the Contracting Officer with a (e) Sunday Pay (if applicable). Each approved in advance by the Mission Director,
signed, written Determination and Findings. Mission has the option whether or not to the PSC may return to serve out the
The Determination and Findings must set out authorize Sunday pay for PSCs, with two remainder of the current contract, and an
the facts and circumstances that prevented stipulations: the decision whether or not to additional period of not less than 1 year
the contractor from taking vacation leave and pay must be administered consistently under the current contract or under a new
the Contracting Officer must find that these throughout the Mission; and if Sunday pay contract for the same or similar services at
facts and circumstances were not caused by is authorized, it must be paid under the same the same Mission.
and were beyond the control of the PSC. This terms and conditions that Foreign Service (4) Salary during the travel to and from the
leave payment must not exceed the number direct-hire employees would receive in home country or country of recruitment for
of days which could be earned by the PSC accordance with 3 FAM 3136. country leave will be limited to the time
during a twelve month period. (f) Leave Records. The PSC shall maintain required for travel by the most expeditious
(4) With the approval of the Mission current leave records and make them air route. Except for reasons beyond the
Director or the cognizant AA, as appropriate, available, as requested by the Mission PSC’s control as determined by the
and if the circumstances warrant, a Director or the Contracting Officer. Contracting Officer, the PSC must return to
Contracting Officer may grant the PSC [FOR INCLUSION IN TCNPSCs, if granted duty after country leave and complete the
advance vacation leave in excess of that country leave] additional required service or be responsible
earned, but in no case may the Contracting (g) Country Leave. for reimbursing USAID for payments made
Officer grant advance vacation leave in (1) Country leave is leave earned for during home leave. Unused country leave is
excess of that earned in one year or over the service abroad for use only in the TCN’s not reimbursable under this contract, nor can
life of the contract, whichever is less. The home country or country of recruitment. it be taken incrementally in separate time
PSC agrees to reimburse USAID for any (2) A TCNPSC who has been authorized periods, or transferred to another contract,
outstanding balance of advance vacation country leave must have served at least two regardless of the location.
leave provided during the PSC’s assignment years at the same USAID Mission, under the (i) Country Leave Policy for Qualifying
under the contract. same contract, and must not have taken more Posts.
(5) Applicants for PSC positions will than 30 work days leave (vacation, sick or (1) On June 15, 2006, the Congress passed
provide evidence of their PSC and/or USG leave without pay) in the home country or and the President signed an amendment to
direct hire service—civilian and/or military country of recruitment, to be granted country the Foreign Service Act of 1980, as amended,
experience, as applicable, on their signed and leave of not more than 30 work days. This that allows home leave for direct-hire
dated SF–171 or OF–612. By signing the applies only if the PSC agrees to return to employees following completion of 12-month
appropriate form, the applicant attests to the post upon completion of country leave under overseas assignments at qualifying posts.
accuracy of the information provided. Any an additional two year contract, or for such (2) USAID is extending this new home
applicant providing incorrect information is shorter period of not less than one year of leave policy to its TCNPSCs who ordinarily
subject to the penalty provisions in the form. service under the contract as the Mission qualify for country leave, and is effective as
If required to satisfy due diligence Director may approve in advance in writing. of July 20, 2006. This new country leave
requirements on behalf of the Contracting Country leave must be taken in the TCN’s policy is in addition to the country leave a
Officer, PSCs may be required to furnish home country or country of recruitment, and TCNPSC would earn under the contract.
USAID TCNPSCs who complete their 12- (d) The following differential and living quarters allowance for payment of rent
month assignment at one of the qualifying allowances may be granted to the PSC in and utilities if such facilities are not
posts on or after July 20, 2006, may be accordance with governing regulations: supplied. Such allowance must not exceed
eligible for country leave under this new Applicable Reference to Standardized the amount paid USAID employees of
provision. For USAID, a list of qualifying Regulations equivalent rank in the Cooperating Country,
posts can be obtained from the Human (1) Post Differential Chapter 500 and in accordance with either, the Standardized
Resources Office in USAID/W. Tables in Chapter 900. Regulations (Government Civilians, Foreign
(3) If an eligible TCNPSC elects to take this (2) Living Quarters Allowance Section 130. Areas), Chapter 130, as from time to time
new country leave, the TCNPSC must take a (3) Temporary Lodging Allowance Section amended; or other rates approved by the
minimum of ten workdays of country leave. 120. Mission Director. Subject to the written
There is no requirement that an eligible (4) Post Allowance Section 220. approval of the Mission Director, short-term
TCNPSC take country leave after serving 12 (5) Supplemental Post Allowance Section employees may be paid per diem (in lieu of
months at a designated post; it is only an 230. living quarters allowance) at rates prescribed
option. If a TCNPSC is returning to the home (6) Payments During Evacuation Section by the Federal Travel Regulations, as from
country or country of recruitment, and not 600. time to time amended, during the time such
returning overseas to the same or different (7) Education Allowance Section 270. short-term employees spend at posts of duty
USAID Mission, this new country leave (8) Separate Maintenance Allowance in the Cooperating Country under this
policy will not apply. Section 260. contract. In authorizing such per diem rates,
(j) Holidays. The contractor, while serving (9) Danger Pay Allowance Section 650. the Mission Director must consider the
abroad, shall be entitled to all holidays (10) Education Travel Section 280. particular circumstances involved with
granted by the Mission to U.S.-citizen direct- (1) Post Differential. Post differential is an respect to each such short-term employee
hire employees. additional compensation for service at places including the extent to which meals and/or
in foreign areas where conditions of lodging may be made available without
4. Allowances environment differ substantially from charge or at nominal cost by an agency of the
[FOR INCLUSION IN TCNPSCs, paid under conditions of environment in the continental United States Government or of the
the local compensation plan] United States and warrant additional Cooperating Government and similar factors.
compensation as a recruitment and retention (3) Temporary Lodging Allowance.
Allowances are granted to the PSC and
incentive. In areas where post differential is Temporary lodging allowance is a quarters
dependents on the same basis as FSNs under
paid to USAID direct-hire employees, post allowance granted to an employee for the
the local compensation plan. The allowances
differential not to exceed the percentage of reasonable cost of temporary quarters
provided are paid to the PSC in the currency
salary as is provided such USAID direct-hire incurred by the employee and the family for
of the cooperating country or in accordance
employees in accordance with the a period not in excess of three months after
with the practice prevailing at the mission.
Standardized Regulations (Government first arrival at a new post in a foreign area
[FOR INCLUSIONS IN TCNPSCs, paid under Civilians, Foreign Areas) Chapter 500 (except or a period ending with the occupation of
the General Schedule (GS)] the limitation contained in Section 552, residence (permanent) quarters, if earlier, and
The following allowances may be granted ‘‘Ceiling on Payment’’) Tables—Chapter 900, one month immediately preceding final
to the PSC and dependents on the same basis as from time to time amended, will be departure from the post subsequent to the
and to the same extent as off-shore USPSCs reimbursable hereunder for employees in necessary vacating of residence quarters. The
at the same Mission: respect to amounts earned during the time PSC and authorized dependents will receive
(a) By definition, a PSC is different from a such employees actually spend overseas on temporary lodging allowance in lieu of living
direct-hire employee. Differentials and work under this contract. When such post quarters allowance, not to exceed the amount
allowances are not entitlements. Not all differential is provided to the PSC, it must be set forth in the Standardized Regulations
differentials and allowances available to payable beginning on the date of arrival at (Government Civilians, Foreign Areas),
direct-hire employees are available to a PSC. the post of assignment and continue, Chapter 120, as from time to time amended.
As a result, differences in entitlements may including periods away from post on official (4) Post Allowance. Post allowance is a
result between USDH and USPSCs. While business, until the close of business on the cost-of-living allowance granted to an
USAID strives for equity between USDH and day of departure from post of assignment employee officially stationed at a post where
USPSCs, it is recognized that the differences enroute to the United States. Sick or vacation the cost of living, exclusive of quarters cost,
in the systems do not entirely allow for such leave taken at or away from the post of is substantially higher than in Washington,
equity. assignment will not interrupt the continuity DC. The PSC will receive post allowance
(b) USPSCs (excluding resident hire) are of the assignment or require a discontinuance payments not to exceed those paid USAID
granted applicable differentials and of such post differential payments, provided employees in the Cooperating Country, in
allowances to the same extent and on the such leave is not taken within the United accordance with the Standardized
same basis as they are granted to U.S. citizen States or the territories of the United States. Regulations (Government Civilians, Foreign
direct-hire employees at the Mission by the Post differential will not be payable while the Areas), Chapter 220, as from time to time
Department of State Standardized employee is away from the post of amended.
Regulations (Government Civilians, Foreign assignment for purposes of home leave. (5) Supplemental Post Allowance.
Areas)(DSSR), as from time to time amended. Short-term employees will be entitled to post Supplemental post allowance is a form of
The rate or percentage of the allowance/ differential beginning with the forty-third post allowance granted to an employee at the
differential is not negotiable. U.S. resident- (43rd) day at post. post when it is determined that assistance is
hire PSCs are not eligible for any fringe (2) Living Quarters Allowance. Living necessary to defray extraordinary subsistence
benefits (except contributions for FICA, quarters allowance is an allowance granted to costs. The PSC will receive supplemental
health insurance, and life insurance), reimburse an employee for substantially all post allowance payments not to exceed the
including differentials and allowances. of the cost for either temporary or residence amount set forth in the Standardized
Neither the Contracting Officer nor the quarters whenever Government-owned or Regulations (Government Civilians, Foreign
Mission Director has the discretion to Government-rented quarters are not provided Areas), Chapter 230, as from time to time
provide any additional benefits and to the PSC at the post without charge. Such amended.
allowances without M/OAA/P’s clearance of costs are those incurred for temporary (6) Payments during Evacuation. The
a request for deviation. lodging (temporary lodging allowance) or one Standardized Regulations (Government
(c) An explanation for each of the unit of residence quarters (living quarters Civilians, Foreign Areas) provide the
differentials and allowances can be found on allowance) and include rent, plus any costs authority for efficient, orderly, and equitable
the U.S. Department of State Web site at not included therein for heat, light, fuel, gas, procedure for the payment of compensation,
www.state.gov. If an allowance or differential electricity and water. The temporary lodging post differential and allowances in the event
is not addressed in the DSSR, USAID allowance and the living quarters allowance of an emergency evacuation of employees or
reserves the right to apply any other guidance are never both payable to an employee for the their dependents, or both, from duty stations
that is also used for USDH. same period of time. The PSC will receive for military or other reasons or because of
imminent danger to their lives. If evacuation per diem in lieu thereof as prescribed by the and the provisions of this contract, and must
has been authorized by the Mission Director, Standardized Regulations (Government be limited to the cost of travel by the most
the PSC and authorized dependents will Civilians, Foreign Areas), as from time to direct and expeditious route. If the contract
receive payments during evacuation from time amended. is for longer than one year and the PSC does
their post of assignment in accordance with not complete one full year at post of duty
the Standardized Regulations (Government 5. Cooperating Country Taxes and Social (except for reasons beyond the PSC’s
Civilians, Foreign Areas), Chapter 600, and Security control), the cost of going to and from the
the Federal Travel Regulations, as from time Funds for the Cooperating Country’s Social post of duty for the PSC and dependents are
to time amended. Security, retirement, pension, vacation or not reimbursable hereunder. If the PSC serves
(7) Educational Allowance. Educational other cooperating country programs as more than one year but less than the required
allowance is an allowance to assist the PSC required by local law are deducted and service in the cooperating country (except for
in meeting the extraordinary and necessary withheld in accordance with laws and reasons beyond the PSC’s control) costs of
expenses, not otherwise compensated for, regulations and rulings of the cooperating going to the post of duty are reimbursable
incurred by reason of the service in a foreign country or any agreement concerning such hereunder but the cost of going from post of
area in providing adequate elementary and withholding entered into between the duty to the PSC’s permanent, legal place of
secondary education for the children. The cooperating government and the United residence at the time the PSC was employed
PSC will receive educational allowance States Government. for work under this contract are not
payments for the dependent children in reimbursable under this contract for the PSC
6. Advance of Funds
amounts not to exceed those set forth in and dependents. When travel is by economy
Standardized Regulations (Government If requested by the PSC and authorized in class accommodations, the PSC will be
Civilians, Foreign Areas), Chapter 270, as writing by the Contracting Officer, USAID reimbursed for the cost of transporting up to
from time to time amended. will arrange for an advance of funds to defray 10 kilograms/22 pounds of accompanied
(8) Separate Maintenance Allowance. the initial cost of travel, authorized pre- personal baggage per traveler in addition to
Separate maintenance allowance is an contract expenses, and shipment of personal that regularly allowed with the economy
allowance to assist an employee who is property. The advance is granted on the same ticket provided that the total number of
compelled by reason of dangerous, notably basis as to a USAID U.S.-citizen direct-hire pounds of baggage does not exceed that
unhealthful, or excessively adverse living employee. regularly allowed for first class travelers.
conditions at the post of assignment in a 7. Health and Life Insurance Travel allowances for travelers must not be
foreign area, or for the convenience of the in excess of the rates authorized in the
Government, to meet the additional expense Health and Life Insurance. The PSC is Standardized Regulations (Government
of maintaining the dependents elsewhere provided personal health and life insurance Civilians, Foreign Areas) hereinafter referred
than at such post. The PSC will receive benefits in accordance with the LCP. to as the Standardized Regulations—as from
separate maintenance allowance payments 8. Travel and Transportation time to time amended, for not more than the
not to exceed that made to USAID employees travel time required by scheduled
(a) General.
in accordance with the Standardized commercial air carrier using the most
The PSC will be reimbursed in currency
Regulations (Government Civilians, Foreign consistent with the prevailing practice at post expeditious route. One stopover enroute for
Areas), Chapter 260, as from time to time and at the rates established by the Mission a period of not to exceed 24 hours is
amended. Director for authorized travel in the allowable when the traveler uses economy
(9) Danger Pay Allowance. Danger pay cooperating country in connection with class accommodations for a trip of 14 hours
allowance is an allowance to provide duties directly referable to work under this or more of scheduled duration. Such
additional compensation above basic contract. In the absence of such established stopover must not be authorized when travel
compensation to employees in foreign areas rates, the PSC will be reimbursed for actual is by indirect route or is delayed for the
where civil insurrection, civil war, terrorism costs of authorized travel in the cooperating convenience of the traveler. Per-diem during
or wartime conditions threaten physical country if not provided by the cooperating such stopover must be paid in accordance
harm or imminent danger to the health or government or the Mission in connection with the Federal Travel Regulations as from
well-being of the employee. The danger pay with duties directly referable to work time to time amended.
allowance is in lieu of that part of the post hereunder, including travel allowances at (c) Local Travel. Reimbursement for local
differential, which is attributable to political rates prescribed by the Department of State travel in connection with duties directly
violence. Consequently, the post differential Standardized Regulations (DSSR) as from referable to the contract must not be in excess
may be reduced while danger pay is in effect time to time amended. The Executive Officer of the rates established by the Mission
to avoid dual crediting for political violence. at the Mission may furnish Travel Director for the travel costs of travelers in the
The PSC will be allowed danger pay Authorizations (TAs) for transportation Cooperating Country. In the absence of such
allowance not to exceed that paid USAID authorized by this contract which is payable established rates the PSC will be reimbursed
employees in the Cooperating Country, in in local currency or is to originate outside the for actual travel costs in the Cooperating
accordance with the Standardized United States. When transportation is not Country by the Mission, including travel
Regulations (Government Civilians, Foreign provided by the Government-issued TA, the allowances at rates not in excess of those
Areas), Chapter 650, as from time to time PSC must procure transportation, the costs of prescribed by the Standardized Regulations.
amended. which will be reimbursed in accordance with (d) Indirect Travel for Personal
(10) Educational Travel. Educational travel the terms of this contract. Convenience of a TCN. When travel is
is travel to and from a school in the United (b) International Travel. For travel to and performed by an indirect route for the
States for secondary education (in lieu of an from post of assignment the TCN PSC will be personal convenience of the traveler, the
educational allowance) and for college reimbursed for travel costs and travel allowable costs of such travel will be
education. The PSC will receive educational allowances from place of residence in the computed on the basis of the cost of
travel payments for the dependent children country of recruitment (or other location allowable air fare via the direct usually
provided such payment does not exceed that provided that the cost of such travel does not traveled route. If such costs include fares for
which would be payable in accordance with exceed the cost of the travel from the place air or ocean travel by foreign flag carriers,
the Standardized Regulations (Government of residence) to the post of duty in the approval for indirect travel by such foreign
Civilians, Foreign Areas), Chapter 280, as cooperating country and return to place of flag carriers must be obtained from the
from time to time amended. Educational residence in the country of recruitment (or Contracting Officer or the Mission Director
travel must not be authorized for PSCs whose other location provided that the cost of such before such travel is undertaken, otherwise
assignment is less than two years. travel does not exceed the cost of travel from only that portion of travel accomplished by
(e) The allowances provided in paragraphs the post of duty in the cooperating country the United States-flag carriers will be
(a) (1) through (10) of this provision must be to the PSC’s residence) upon completion of reimbursable within the above limitation of
paid to the PSC in accordance with practice services by the individual. Reimbursement allowable costs.
prevailing at the Mission, or the Mission for travel must be in accordance with (e) Limitation on Travel by TCN
Director may direct that the PSC be paid a USAID’s established policies and procedures Dependents. Travel costs and allowances will
be allowed for authorized dependents of the (3) The Mission Director may also weight allowance for household effects) not
PSC and such costs will be reimbursed for authorize emergency or irregular travel and to exceed the limitations in effect for USAID
travel from place of abode in the country of transportation in other situations when in the direct-hire employees in accordance with the
recruitment to the assigned station in the Mission Director’s opinion the circumstances DSSR in effect when shipment is made.
Cooperating Country and return, only if the warrant such action. The authorization must These limitations are available from the
dependent remains in the Cooperating include the kind of leave to be used and Contracting Officer. This unaccompanied
Country for at least 9 months or one-half of appropriate restrictions as to time away from baggage may be shipped as air freight by the
the required tour of duty of the contract, post, transportation of personal and most direct route between authorized points
whichever is greater, except as otherwise household effects, etc. of origin and destination regardless of the
authorized hereunder for education, medical, (i) Country of Recruitment Travel and modes of travel used.
or emergency visitation travel. Dependents of Transportation. The PSC will be reimbursed (l) Reduced Rates on U.S.-Flag Carriers.
the TCN PSC must return to the country of for actual transportation costs and travel Reduced rates on U.S.-flag carriers are in
recruitment or home country within thirty allowances in the country of recruitment as effect for shipments of household goods and
days of the termination or completion of the authorized in the Schedule or approved in personal effects of USAID contractors
PSC’s employment, otherwise such travel advance by the Contracting Officer or the between certain locations. These reduced
will not be reimbursed under this contract. Mission Director. Transportation costs and rates are available provided the shipper
(f) Delays Enroute. The PSC may be granted travel allowances must not be reimbursed in furnishes to the carrier at the time of the
reasonable delays enroute while in travel any amount greater than the cost of, and time issuance of the Bill of Lading documentary
status when such delays are caused by events required for, economy-class commercial- evidence that the shipment is for the account
beyond the control of the PSC and are not scheduled air travel by the most expeditious of USAID. The Contracting Officer will, on
due to circuitous routing. It is understood route except as otherwise provided in request, furnish to the PSC current
that if delay is caused by physical paragraph (h) of this provision, unless information concerning the availability of a
incapacitation, the PSC will be eligible for economy air travel is not available and the reduced rate with respect to any proposed
such sick leave as provided under the ‘‘Leave PSC adequately documents this to the shipment. The PSC must not be reimbursed
and Holidays’’ provision of this contract. satisfaction of the Contracting Officer in for shipments of household goods or personal
(g) Travel by Privately Owned Automobile documents submitted with the voucher. effects in amounts in excess of the reduced
(POV). If travel by POV is authorized in the (j) Rest and Recuperation Travel. If a TCN rates which are available in accordance with
contract schedule or approved by the is being compensated under the LCP, the the foregoing.
Contracting Officer, the PSC will be TCN is not entitled to R&R unless specified (m) Transportation of Goods. Where U.S.
reimbursed for the cost of travel performed in the LCP, and only then as specified and flag vessels are not available, or their use
in the POV at a rate not to exceed that applied to Foreign Service Nationals (FSNs).
authorized in the Federal Travel Regulations would result in a significant delay, the PSC
If however, a TCN is compensated outside of may obtain a release from the requirement to
plus authorized per diem for the employee
the LCP, the TCN is entitled to the R&R in use U.S. flag vessels from the Transportation
and, if the POV is being driven to or from the
the same way as applied to offshore USPSCs Division, Office of Acquisition and
cooperating country as authorized under the
and USDH, provided that the post is Assistance, U.S. Agency for International
contract, for each of the authorized
classified an ‘‘R&R Post’’ by the Department Development, Washington, DC 20523–1419,
dependents traveling in the POV, provided
that the total cost of the mileage and per of State and the Mission Director approves in or the Mission Director, as appropriate,
diem paid to all authorized travelers must writing the R&R travel for the TCN and the giving the basis for the request.
not exceed the total constructive cost of fare TCN’s dependents at Post. (n) Repatriation Travel. Notwithstanding
and normal per diem by all authorized (k) Transportation of Personal Effects other provisions of this provision, a TCN
travelers by surface common carrier or (Excluding Automobiles and Household must return to the country of recruitment or
authorized air fare, whichever is less. Goods). to the TCN’s home country within 30 days
(h) Emergency and Irregular Travel and (1) General. Transportation costs must be after termination or completion of
Transportation. Emergency transportation paid on the same basis as for direct-hire employment or forfeit all right to
costs and travel allowances while enroute, as employees at post serving the same length reimbursement for repatriation travel. The
provided in this section, will be reimbursed tour of duty, as authorized in the schedule. return travel obligation [repatriation travel]
not to exceed amounts authorized by the Transportation, including packing and assumed by the U.S. Government may have
DSSR in like circumstances under the crating costs, will be paid for shipping from been the obligation of another employer in
following conditions: PSC’s residence in the country of recruitment the area of assignment if the employee has
(1) The costs of going from post of duty in or other location, as approved by the been in substantially continuous
the cooperating country to another approved Contracting Officer (provided that the cost of employment which provided for the TCN’s
location for the PSC and authorized transportation does not exceed the cost from return to home country or country from
dependents and returning to post of duty, the PSC’s residence) to post of duty in the which recruited.
subject to the prior written approval of the cooperating country and return to the (o) Storage of household effects. Storage
Mission Director, when such travel is country of recruitment or other location charges for household goods (including
necessary for one of the following reasons: provided the cost of transportation of the packing, crating, and drayage costs), in the
(i) Need for medical care beyond that personal effects of the PSC not to exceed the home country or the country of recruitment,
available within the area to which PSC is limitations in effect for such shipments for will be permitted in lieu of transportation of
assigned. USAID direct-hire employees in accordance all or any part of such goods to the
(ii) Serious effect on physical or mental with the DSSR in effect at the time shipment Cooperating Country under paragraph (k)
health if residence is continued at assigned is made. These limitations may be obtained above provided that the total amount of
post of duty. from the Contracting Officer. The cost of effects shipped to the Cooperating Country or
(iii) Serious illness, injury, or death of a transporting household goods must not stored in the home country or country of
member of the PSC’s immediate family or a exceed the cost of packing, crating, and recruitment must not exceed the amount
dependent, including preparation and return transportation by surface common carrier. authorized for USAID direct-hire employees
of the remains of a deceased PSC or (2) Unaccompanied Baggage. under the DSSR. These amounts are available
dependents. Unaccompanied baggage is considered to be from the Contracting Officer.
(2) Emergency evacuation when ordered by those personal belongings needed by the
the principal U.S. Diplomatic Officer in the traveler immediately upon arrival of the PSC 9. Payment
cooperating country. Transportation and and dependents. To permit the arrival of (a) Payment of compensation is based on
travel allowances at safe haven and the effects to coincide with the arrival of the PSC written documentation supporting time and
transportation of household effects and and dependents, consideration should be attendance. Such written documentation
automobile or storage thereof when given to advance shipments of must be in accordance with Mission policy
authorized by the Mission Director, must be unaccompanied baggage. The PSC will be and practice.
payable in accordance with established reimbursed for costs of shipment of (b) Any other payments due under this
Government regulations. unaccompanied baggage (in addition to the contract are as prescribed by Mission policy.
(c) A final voucher and release of claims 12. Security (c) TCNPSCs whose compensation is based
certification must be submitted by the PSC (a) The PSC is obligated to immediately on the General Schedule for U.S. direct-hires
promptly following completion of the duties notify the Contracting Officer if the PSC is may receive certain monetary and non-
under this contract but in no event later than arrested or charged with any offense during monetary awards. The monetary awards are
120 days (or such longer period as the the term of this contract. limited solely to:
Contracting Officer may approve in writing) (b) The PSC will not normally have access (1) On-the-Spot Cash Awards. This cash
from the date of contract completion. The to classified or administratively controlled award is given to encourage and reward
PSC’s claim, which includes the final information and must take conscious steps to superior accomplishments, beyond the
settlement of compensation, must not be paid avoid receiving or learning of such minimum satisfactory performance required
until after the performance of the duties information. However, based on PSC’s need under the contract, that contribute to the
required under the terms of this contract has to know, the Mission may authorize access to quality, efficiency, and/or economy of
Government operations, or for special and
been approved by USAID. Following this administratively controlled information for
specific nonrecurring commendable acts or
approval by USAID, the PSC will submit the performance of assigned scope of work on a
contributions during the contract
Release of Claims Certification and the case-by-case basis in accordance with
performance period. The Parameters/
voucher designated by the PSC as the ‘‘final security policies and procedures.
Limitations are as follows:
voucher’’. This final voucher must be (c) The PSC agrees to immediately submit
(i) A TCNPSC may receive one or more On-
submitted on Form SF 1034 (original) and SF to the Mission Director or Contracting Officer
The-Spot Award not to exceed a total of $500
1034–A (three copies). This final voucher a complete detailed report, marked
in any one year period from the individual’s
must include a refund check for the balance ‘‘Privileged Information’’ of any information
employing Bureau/Mission/Independent
remaining on hand of any funds which may which the PSC may have concerning existing Office. A TCNPSC may receive additional
have been advanced to the PSC, or the or threatened espionage, sabotage, or On-The-Spot Cash Awards up to $500
Government must pay any amounts due and subversive activity against the United States combined total from USAID organizations
owing to the PSC. of America or the USAID Mission or the outside of the individual’s Bureau/
(d) Release of Claims Certification. The cooperating country government. Independent Office/Mission, in the same one
following Release of Claims Certification 13. Notices year period.
must be included on the final voucher, (ii) The minimum dollar value for an
(a) Any notice, given by any of the parties individual On-The-Spot Cash Award is $25.
signed and dated by the PSC: involved in this contract, will be sufficient
‘‘WHERE AS, by the terms of the contract The maximum dollar value of an individual
only if in writing and delivered in person or On-The-Spot Award is $500. An award may
between the PSC, (insert name) and the sent by telegraph, telegram, registered, or
United States, it is provided that after be provided in any amount between $25 and
regular mail as follows: $500, ensuring compliance with the
completion of all the work, and prior to final (1) TO USAID: To the Mission Director of
payment, the PSC shall furnish the United limitation noted in paragraph (c)(1) of this
the Mission in the Cooperating Country with provision.
States with a release of all claims. a copy to the cognizant Contracting Officer. (2) Special Act Awards. This cash award
‘‘NOW, THEREFORE, in consideration of (2) TO THE PSC: At the post of duty while recognizes a specific nonrecurring superior
the above premises and the payment (by the in the Cooperating Country and at the PSC’s act or contribution to the public interest that
United States to the PSC, or by the PSC to address shown on the Cover Page of this is beyond or outside normal job
the United States, as applicable) of the contract or to another address as either party responsibilities as covered by the
amount now due under the contract, to wit, designates by notice given as required here. individual’s job description. The specific act
the sum ofllll dollars ($llll), the (b) Notices must be effective when or contribution must be beyond the standard
PSC hereby remises, releases, and forever delivered in accordance with this provision for minimum satisfactory performance
discharges the United States, its officers, or on the effective date of the notice that required by the contract. Unlike other cash
agents, and employees, of and from all changes this provision, whichever is later. awards, this award may not be given for
manner of liabilities, obligations, accounts, general superior performance of the work
claims, and demands whatsoever, in law and 14. Medical Evacuation (MEDEVAC) Services
(Pursuant to class deviation OAA–DEV– required by the contract. No more than one
in equity, under or arising from the contract, Special Act Award may be granted to a
except: (if there are no exceptions, state 2006–1c)
TCNPSC in any one year period.
‘‘None’’ on the line below). (a) The PSC must obtain MEDEVAC service (3) Time-Off Awards.
lllllllllllllllllllll coverage including coverage for authorized (i) This award is given in the form of
I, llllll, certify that I am the PSC dependents while performing personal excused absence from official duty time,
in the foregoing release, and who signed this services abroad. without loss of pay or charge to the
release. (b) Exceptions. individual’s leave balance. This award is
(1) A PSC and authorized dependents with given to encourage and reward superior
Signed:llllll a health insurance program that includes accomplishments, beyond minimum
Date:llllll’’ sufficient MEDEVAC coverage as approved satisfactory performance required under the
10. Conversion of Currency by the Contracting Officer are not required to contract, that contribute to the quality,
obtain MEDEVAC service coverage. efficiency, and/or economy of Government
Conversion of one currency to another (2) The Mission Director at the post of operations, or for special and specific
currency at the Mission must be in assignment may make a written nonrecurring commendable acts or
accordance with Mission policy. This may determination to waive the requirement for contributions during the contract
include the conversion of currency through such coverage. The determination must be performance period.
the cognizant U.S. Disbursing Officer, or based on findings that the quality of local (ii) A Time Off award is granted based on
Mission Controller, as appropriate. medical services or other circumstances the same criteria as an On-the-Spot Cash
11. Post of Assignment Privileges obviate the need for such coverage for PSCs award, and there is no general preference for
and their dependents located at post. one or the other, as a matter of agency policy.
Privileges such as the use of APO, PX’s, Conditions within the operating unit and
commissaries, and officers clubs are 15. Incentive Awards circumstances of the individual being
established at posts abroad under agreements (a) TCNs paid under the local nominated will dictate the most appropriate
between the U.S. and host governments. compensation plan are eligible to participate choice. A Time-Off Award is categorized as
These facilities are intended for and usually in the Joint Embassy Incentive Awards a ‘‘cash’’ award because it represents paid
limited to U.S. citizens who are officials of Program. The program is administered by an time away from official duty. The
the U.S. Government. Normally, these Embassy Joint Country Awards Committee. Parameters/Limitations are as follows:
facilities are not available to non U.S. (b) Meritorious step increases may be (A) A full-time TCNPSC (i.e., 2087 work
citizens. However, in those cases where granted to TCNs paid under the local hours/year) may be granted up to a total of
facilities are open to non U.S. citizens, they compensation plan provided the granting of 27 hours in awards during any one-year
may be used by the PSC. such increases is the general practice locally. period of the contract.
(B) The minimum amount of time for a Time-Off Award is to be calculated by (D) The following scale is provided as a
which a full-time TCNPSC may be granted prorating the maximum available to a full- general guide in determining the appropriate
time off is one (1) hour. The maximum time TCNPSC (27 hours/year) commensurate amount of time to grant for a Time-Off
amount of time for which an individual with the number of work hours in the part- Award. The scale is based on an individual
Time-Off Award may be granted is 27 hours. time TCNPSC’s work year. As an example, if working under a full-time (2087 hours/year)
An award may be granted in any one-hour
time increment between 1–27 hours for a the individual works approximately 1044 contract. The figures are to be prorated as
full-time TCNPSC. hours/year the maximum amount of time in noted above for individuals working under a
(C) The maximum amount of time for a year for which he/she may be granted a part-time contract:
which any part-time TCNPSC may be granted time-off award is 14 hours.
Contribution above and beyond satisfactory performance Recommended time off award
A contribution that is of sufficient value to merit recognition. Beneficial Up to One Work Day, (not to exceed 9 hours).
change or modification to policies/procedures. Contribution benefits
immediate unit or staff.
An important contribution to the value of an activity program, or serv- Up to Two Work Days, (not to exceed 18 hours).
ice. Significant change to policies/procedures. Contribution benefits
several units or an entire Mission/Bureau/Office.
A highly significant contribution to the value of an activity, program, or Up to Three Work Days, (not to exceed 27 hours).
service. A complete revision of policies/procedures with considerable
impact. Contribution benefits an entire Mission/Bureau/Office or is of
a cross-cutting nature impacting several organizations within the
Agency.
(E) The scheduling of Time-Off Awards performance meets the criteria for that contract is for less than 90 days. Unused
must be approved by the individual’s particular award. However, a TCNPSC may vacation leave may be carried over under an
supervisor because this award type not receive multiple cash or time-off awards extension or renewal of the contract as long
represents time away from official duty, for the same act or service. as it conforms to Mission policy, practice and
which has the potential to impact the (ii) Cash Awards are separate and distinct the LCP. With the approval of the
operating unit’s operations. from the pay comparability increase, and the individual’s supervisor and concurrence by
(F) A PSC who becomes physically annual increase for satisfactory performance the CO and if the circumstances warrant, a
incapacitated while using a Time-Off Award available within the personal services PSC may be granted advance vacation leave
may be granted sick leave for the period of contract. in excess of that earned, but in no case will
incapacitation. The employee is responsible a PSC be granted advance vacation leave in
for notifying the supervisor immediately to 16. Governing Law
excess of that which the PSC will earn in one
report the illness during the period of This contract is established under the year of the contract. At the end of the
excused absence. procurement authority of the United States contract, the PSC agrees to reimburse USAID
(G) A Time-Off Award is granted to Government and is governed by the laws of for leave used in excess of the amount earned
recognize a superior achievement and may the United States including the procurement during the period of performance under the
not be used as a substitute for compensatory laws of the United States. This contract contract.
time off. contains the entire agreement of the parties (b) Sick Leave. The PSC may accrue,
(H) In deciding whether a Time-Off award with respect to the subject matter thereof, accumulate, and use sick leave in accordance
is the appropriate award type, the supervisor and no representations, inducements, with the LCP. Unused sick leave may be
must consider the individual’s leave balance. promises or arrangements, oral or written carried over under an extension or renewal
If the individual has an excessive leave between the parties not embodied here shall of the contract. Leave earned but unused at
balance, a cash award may be more have any force or effect. This contract is a the completion of this contract will be
appropriate, so as not to adversely affect the complete statement of duties, compensation, disposed of in accordance with the LCP.
PSC who may have annual leave subject to benefits, leave, and all terms and conditions. (c) Leave Without Pay. Leave without pay
forfeiture at the end of the contract. Any disputes shall be resolved by the courts may be granted only with the written
(I) Time-Off Awards must be used within or administrative tribunals of the United approval of the PSC’s supervisor and
6 months of approval and may not be States. concurrence by the Contracting Officer.
transferred to a new or follow-on contract PART IV: For Inclusion in Foreign Service (d) Holidays. The PSC is entitled to all
with either the same or new work unit under National Personal Service Contracts holidays granted by the Mission in
any circumstances. In cases where the time (FSNPSCs) accordance with the LCP.
off is not used within six months after the (e) Compensatory Time. Comp time or
date of approval, the time-off must be 1. Physical Exams overtime for FSNPSCs is governed by the
forfeited. Physical Fitness. The PSC must be local compensation plan. If the LCP does not
(J) Under no circumstances may a Time-Off examined by a licensed doctor of medicine, address compensatory time, then the
Award be converted to a lump-sum payment and must obtain a statement of medical prevailing practice of the Mission must be
or transferred to any other contract. A Time- opinion that, in the doctor’s opinion, the PSC followed. Comp time is not transferable from
Off Award not used by the end of the is physically qualified to engage in the type one contract to another.
contract period must be forfeited, even if less of activity for which s/he is to be employed
than 6 months from the date of approval. 3. Cooperating Country Taxes and Social
under the contract. A copy of the medical
TCNPSCs are not eligible for nomination opinion is provided to the Contracting Security
for any other types of cash awards other than Officer before the PSC starts work under the Funds for the Cooperating Country’s Social
the specific awards outlined above. contract. USAID will pay for the cost of the Security, retirement, pension, vacation or
(4) Multiple Award Nominations: physical examination based on current other cooperating country programs as
(i) A TCNPSC may be nominated for more Mission practice. required by local law are deducted and
than one award within the period of contract withheld in accordance with laws and
performance, or other benchmark period 2. Leave and Holidays regulations and rulings of the cooperating
stated in the contract. Each award (a) Vacation Leave. The PSC may accrue, country or any agreement concerning such
nomination will be reviewed on its own accumulate, use, and be paid for vacation in withholding entered into between the
merit, and decisions to approve it will be accordance with the Local Compensation cooperating government and the United
based on whether the employee’s Plan (LCP). No vacation leave is earned if the States Government.
4. Insurance agents, and employees, of and from all between the parties not embodied here shall
Health and Life Insurance. The PSC is manner of liabilities, obligations, accounts, have any force or effect. This contract is a
provided personal health and life insurance claims, and demands whatsoever, in law and complete statement of duties, compensation,
benefits in accordance with the Local in equity, under or arising from the contract, benefits, leave, and all terms and conditions.
Compensation Plan. except: (if there are no exceptions, state Any disputes shall be resolved by the courts
‘‘None’’ on the line below). or administrative tribunals of the United
5. Travel and Transportation I, llllll, certify that I am the PSC States.
(a) General. The Executive Officer at the in the foregoing release, and who signed this Attachment 1 to Appendix A—Class
Mission may furnish Travel Authorization release. Justification for Other Than Full and Open
(TAs) for travel authorized by this contract. lllllllllllllllllllll Competition for Personal Services Contracts
When travel is not provided by Government Signed: llllll Date: llllll’’ With U.S. Citizens Contracted With Locally,
issued TA, the PSC will procure the travel, With CCNs and TCNs Subject to the Local
and the costs are reimbursed. The following 7. Security
Compensation Plan, and for Overseas
paragraphs provide specific guidance and (a) The PSC is obligated to immediately Contracts of $250,000 or Less
limitations on particular items of cost. notify the Contracting Officer if the PSC is
(b) Travel by Privately Owned Automobile arrested or charged with any offense during I. General
(POV). If travel by POV is authorized, USAID the term of this contract. This document is a class justification for
will reimburse the PSC for the cost of travel (b) The PSC will not normally have access other than full and open competition as
performed in the POV, provided that to classified or administratively controlled authorized by Section 6.303–1(c) of the
(1) The POV is being driven within the information and must take conscious steps to Federal Acquisition Regulation (FAR). This
cooperating country as authorized under the avoid receiving or learning of such class justification may be used in accordance
contract, information. However, based on PSC’s need with its terms by any USAID Contracting
(2) The total cost of the mileage and per to know, the Mission may authorize access to Officer acting within the scope of his/her
diem, if any, will be paid in accordance with administratively controlled information for delegated authority. This class justification is
Mission policy and procedures and Federal performance of assigned scope of work on a applicable to locally recruited U.S. personal
Travel Regulations. case-by-case basis in accordance with current services contracts and CCN and TCN
6. Payment security policies and procedures. personal services contracts, subject to the
(c) The PSC agrees to submit immediately local compensation plan awarded pursuant
(a) Payment of compensation is based on to the Mission Director or Contracting Officer to AID Acquisition Regulation (AIDAR)
written documentation supporting time and a complete detailed report, marked 706.302–70(b)(1), and to any contract of
attendance in accordance with Mission ‘‘Privileged Information’’ of any information $250,000 or less awarded by an overseas
policies and procedures. which the PSC may have concerning existing contracting activity pursuant to AIDAR
(b) Any other payments due under this or threatened espionage, sabotage, or 706.302–70(b)(2), as authorized by 40 U.S.C.
contract are as prescribed by Mission policy subversive activity against the United States 474, provided the appropriate requirements
for the type of payment being made. of America or the USAID Mission or the for competition in Section II of this class
(c) A final voucher and release of claims cooperating country government. justification are followed.
certification must be submitted by the PSC It has been determined that requiring full
promptly following completion of the duties 8. Notices and open competition for procurement of
under this contract but in no event later than (a) Any notice, given by any of the parties U.S. locally recruited personal services
120 days (or such longer period as the involved in this contract, will be sufficient contracts and CCN and TCN personal
Contracting Officer may approve in writing) only if in writing and delivered in person or services (subject to the local compensation
from the date of contract completion. The sent by telegraph, telegram, registered, or plan) or for procurement of $250,000 or less
PSC’s claim, which includes the final regular mail as follows: by overseas contracting activities would
settlement of compensation, must not be paid (1) TO USAID: To the Mission Director of impair USAID’s ability to meet the objectives
until after the performance of the duties the Mission in the Cooperating Country with of the foreign assistance program. Thus,
required under the terms of this contract has a copy to the appropriate Contracting Officer. Section 706.302–70 of the AIDAR provides
been approved by USAID. Following this (2) TO THE PSC: At the post of duty while that such procurements may be exempted
approval by USAID, the PSC will submit the in the Cooperating Country and at the PSC’s from the full and open competition
Release of Claims Certification and the address shown on the Cover Page of this requirements. This class justification may be
voucher designated by the PSC as the ‘‘final contract or to another address as either party used to satisfy the requirements of AIDAR
voucher’’. This final voucher must be designates by notice given as required here. 706.302–70(c)(2) regarding preparation of
submitted on Form SF 1034 (original) and SF (b) Notices must be effective when justifications pursuant to FAR 6.303. It
1034–A (three copies). This final voucher delivered in accordance with this provision applies only to procurements specified
must include a refund check for the balance or on the effective date of the notice that above.
remaining on hand of any funds which may changes this provision, whichever is later.
have been advanced to the PSC, or the II. Conditions for Use
Government must pay any amounts due and 9. Incentive Awards A. PSCs With United States Citizens
owing to the PSC. (a) The PSC is eligible to participate in the Recruited Locally
(d) Release of Claims Certification. The Joint Embassy Incentive Awards Program. If recruited locally, the position was
following Release of Claims Certification The program is administered by each post’s publicized in the same way that the Mission
must be included on the final voucher, Embassy Joint Country Awards Committee. announces direct-hire U.S. citizen positions.
signed and dated by the PSC. (b) Meritorious step increases may be Renewals or extensions with the same
‘‘WHERE AS, by the terms of the contract granted to FSNs paid under the local individual for continuing service 3 do not
between the PSC, (insert name) and the compensation plan provided the granting of need to be publicized.
United States, it is provided that after such increases is the general practice locally.
completion of all the work, and prior to final B. PSCs With Cooperating Country Nationals
payment, the PSC shall furnish the United 10. Governing Law and Third Country Nationals Subject to the
States with a release of all claims. This contract is established under the Local Compensation Plan
‘‘NOW, THEREFORE, in consideration of procurement authority of the United States New contracts were publicized consistent
the above premises and the payment (by the Government and is governed by the laws of with Mission/Embassy practice on
United States to the PSC, or by the PSC to the United States including the procurement announcement of direct-hire FSN positions.4
the United States, as applicable) of the laws of the United States. This contract Renewals or extensions with the same
amount now due under the contract, to wit, contains the entire agreement of the parties
the sum of llll dollars ($llll), the with respect to the subject matter thereof, 3 ‘‘continuingservice’’ means ‘‘same services.’’
PSC hereby remises, releases, and forever and no representations, inducements, 4 The reference to direct-hire means all FSN
discharges the United States, its officers, promises or arrangements, oral or written positions including FSN/CCN PSCs.
individual for continuing service 5 do not contractors were notified. This class Appendix D [Removed and Reserved]
need to be publicized. justification may not be used if only one
C. Local Procurements for Supplies and
source was considered. 2. Remove and Reserve Appendix D—
Services 6 Up to $250,000 D. Certification, File Documentation ‘‘Direct USAID Contracts with a U.S.
A copy of this class justification must be Citizen or a U.S. Resident Alien for
This applies to procurements where the
aggregate amount of the contract does not included in the contract file, together with a Personal Services Abroad’’ in its
exceed the limits stated below: written statement, signed by the Contracting entirety.
(1) Procurements up to $100,000 were Officer, that: the contract is being awarded
pursuant to AIDAR 706.302–70(b)(1) or (2), Appendix J [Removed and Reserved]
competed as provided in FAR 13.106, except
that synopsis in the Commerce Business as applicable; that the conditions in Section
II of this class justification have been met; 3. Remove and Reserve Appendix J—
Daily 7 is not required in any case. ‘‘Direct USAID Contracts with a
and that the cost of the contract is fair and
(2) Procurements between $100,001 and Cooperating Country National and with
reasonable.
$250,000 were publicized locally sufficiently
III. Effective Date
a Third Country National for Personal
to ensure that a reasonable number of
Services Abroad’’ in its entirety.
This class justification is effective on the
5 ‘‘continuing services’’ means ‘‘same services.’’ date of signature below. Michael F. Walsh,
6 The term ‘‘services’’ in this part of the class Date: July 22, 1997 Procurement Executive.
justification does not include ‘‘personal services.’’
7 ‘‘Commerce Business Daily’’ has been replaced /s/ Marcus L. Stevenson [FR Doc. E7–2311 Filed 2–12–07; 8:45 am]
with ‘‘FedBizOpps.’’ USAID Procurement Executive BILLING CODE 6116–01–P

Proposed Rule: Acquisition Regulations: Personal Services Direct Contracts

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Proposed Rule: Acquisition Regulations: Personal Services Direct Contracts

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Tuesday,

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requirements. contract. There are three main types of

Time in service Calculated vacation time

Hire Personal Services Contracts)

Time in service Calculated vacation time

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