48 CFR Part 752 — Solicitation Provisions and Contract Clauses

PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Source: 49 FR 13259, Apr. 3, 1984, unless otherwise noted. Subpart 752.1—Instructions for Using Provisions and Clauses Source: 79 FR 74997, Dec. 16, 2014, unless otherwise noted. 752.102 Incorporating provisions and clauses. (a) As authorized by FAR 52.102, FAR and AIDAR provisions and clauses should be incorporated by reference in solicitations and contracts to the maximum practical extent, except as provided in paragraph (b) of this section. For provisions that require fill-ins or input by the contracting officer, the paragraph that contains the fill-in information must be included directly below the title of the provision or clause. (b) If applicable, the following AIDAR provisions and clauses must be incorporated in full text in all solicitations and awards: No. AIDAR Title Date 752.225-4 Buy American Act—Trade Agreements July 1997. 752.232-70 Letter of Credit Advance Payment Mar 2015. 752.245-70 Government property—USAID reporting requirements July 1997. 752.7003 Documentation for payment Nov 1998. (c) Contracting activities may choose to incorporate provisions in full text, when: (1) A new clause or significant revisions to an existing clause is issued less than six months prior to issuance of a solicitation or a contract award; (2) Listing a clause in full text will ensure compliance with the contract terms and conditions; (3) Inclusion of clauses in full text is more practical under the local conditions ( e.g., (d) If a solicitation or contract contains one or more FAR provisions or clauses incorporated by reference, the contracting officer must insert the following Internet address: http://www.acquisition.gov/comp/far/index.html 752.107 AIDAR provisions and clauses prescribed in this subpart. (a) The contracting officer must insert the provision at 752.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate AIDAR provisions by reference. (b) The contracting officer must insert the clause at 752.252-2, AIDAR Clauses Incorporated by Reference, in solicitations and contracts in order incorporate AIDAR clauses by reference. (c) The contracting officer must insert the provision at 752.252-70, Provisions and Clauses to be Completed by the Offeror, in full text in solicitations or contract containing FAR or AIDAR provision(s) or clause(s) that must be completed by offerors or prospective contractors and submitted with the quotation or offer. Subpart 752.2—Texts of Provisions and Clauses 752.200 Scope of subpart. None of the clauses specified in this subpart are for use in USAID personal services contracts. For personal services contract clauses, see (48 CFR) AIDAR Appendix D—Direct USAID Contracts with U.S. Citizens or U.S. Residents for Personal Services Abroad and (48 CFR) AIDAR Appendix J—Direct USAID Contracts with Cooperating Country Nationals and with Third Country Nationals for Personal Services Abroad. [49 FR 13259, Apr. 3, 1984, as amended at 51 FR 11450, Apr. 3, 1986; 51 FR 12706, Apr. 15, 1986; 57 FR 5236, Feb. 13, 1992; 62 FR 40469, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 752.202-1 Definitions. (a) As prescribed in 702.270 and in (48 CFR) FAR Subpart 2.2, USAID contracts use the Definitions clause in (48 CFR) FAR 52.202-1 and its Alternate I, as appropriate, and the following additional definitions. (b) Alternate 70. USAID Definitions Clause—General Supplement for Use in All USAID Contracts (JAN 1990) (a) USAID (b) Administrator (c) When this contract is with an educational institution Campus Coordinator shall mean the representative of the Contractor at the Contractor's home institution, who shall be responsible for coordinating the activities carried out under the contract. (d) When this contract is with an educational institution Campus Personnel (e) Consultant (f) Contractor employee (g) Cooperating Country or Countries (h) Cooperating Government (i) Federal Acquisition Regulations (FAR), (j) Government (k) Mission (l) Mission Director (c) [Reserved] (d) Alternate 72. USAID Definitions Clause—Supplement for USAID Contracts Involving Performance Overseas (JUN 2009) (a) Contractor's Chief of Party (b) Cooperating Country National (CCN) employee (c) Dependents (1) Spouse; (2) Children (including step and adopted children) who are unmarried and under 21 years of age or, regardless of age, are incapable of self support. (3) Parents (including step and legally adoptive parents), of the employee or of the spouse, when such parents are at least 51 percent dependent on the employee for support; and (4) Sisters and brothers (including step or adoptive sisters or brothers) of the employee, or of the spouse, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age, or regardless of age, are incapable of self support. (d) Local currency (e) Regular employee (f) Short-term employee (g) Third Country National (TCN) employee [49 FR 13259, Apr. 3, 1984, as amended at 52 FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, 1987; 55 FR 6802, Feb. 27, 1990; 64 FR 42042, Aug. 3, 1999; 79 FR 74988, 74997, Dec. 16, 2014; 89 FR 4208, Jan. 23, 2024] 752.204-2 Security requirements. As prescribed in (48 CFR) AIDAR 704.404(a), when the clause in (48 CFR) FAR 52.204-2 is used in USAID contracts, paragraph (a) of the clause is revised as follows: Security Requirements (FEB 1999) Pursuant to the Foreign Affairs Manual, 12 FAM 540 ( http://www.state.gov/documents/organization/88404.pdf (a) This clause applies to the extent that this contract involves access to classified (`Confidential', `Secret', or `Top Secret'), or administratively controlled (`Sensitive But Unclassified') information. (End of clause) [79 FR 74997, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.204-70 Partner vetting pre-award requirements. As prescribed in (48 CFR) AIDAR 704.7005(a), insert the following provision in all solicitations subject to vetting: Partner Vetting Pre-award Requirements (FEB 2012) (a) USAID has determined that any contract resulting from this solicitation is subject to vetting. Terms used in this provision are defined in paragraph (b) of the (48 CFR) AIDAR clause at 752.204-71 Partner Vetting, of this solicitation. An offeror that has not passed vetting is ineligible for award. (b) The following are the vetting procedures for this solicitation: (1) Prospective offerors review the attached USAID Partner Information Form, USAID Form 500-13, and submit any questions about the USAID Partner Information Form or these procedures to the contracting officer by the deadline for questions in the solicitation. (2) The contracting officer notifies the offeror when to submit the USAID Partner Information Form. For this solicitation, USAID will vet at [ insert in the provision the applicable stage of the source selection process at which the contracting officer will notify the offeror(s) who must be vetted Note: Offerors who submit using non-secure methods of transmission do so at their own risk. (3) The offerors must notify proposed subcontractors of this requirement when the subcontractors are subject to vetting. (c) Source selection proceeds separately from vetting. Vetting is conducted independently from any discussions the contracting officer may have with an offeror. The offeror and any subcontractor subject to vetting must not provide vetting information to other than the vetting official. The offeror and any subcontractor subject to vetting will communicate only with the vetting official regarding their vetting submission(s) and not with any other USAID or USG personnel, including the contracting officer or his/her representatives. Exchanges between the Government and an offeror about vetting information submitted by the offeror or any proposed subcontractor are clarifications in accordance with (48 CFR) FAR 15.306(a) (48 CFR 15.306(a)). The contracting officer designates the vetting official as the only individual authorized to clarify the offeror's and proposed subcontractor's vetting information. (d)(1) The vetting official notifies the offeror that it: (i) Has passed vetting, (ii) Has not passed vetting, or (iii) Must provide additional information, and resubmit the USAID Partner Information Form with the additional information within the number of days the vetting official specified in the notification. (2) The vetting official will include in the notification any information that USAID's Office of Security (SEC) determines releasable. In its determination, SEC will take into consideration the classification or sensitivity of the information, the need to protect sources and methods, or status of ongoing law enforcement and intelligence community investigations or operations. (e) Reconsideration. (2) Within 7 calendar days after the vetting official receives the request for reconsideration, the Agency will determine whether the offeror's additional information warrants a revised decision. (3) The Agency's determination of whether reconsideration is warranted is final. (f) Revisions to vetting information. (2) The vetting official will follow the vetting process in paragraph (d) of this clause for any revision of the offeror's Form. (g) Award. (End of clause) [77 FR 8171, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.204-71 Partner vetting. As prescribed in (48 CFR) AIDAR 704.7005(b)(1) and 716.506(a), insert the following clause in all contracts subject to vetting: Partner Vetting (FEB 2012) (a) The contractor must comply with the vetting requirements for key individuals under this contract. (b) Definitions. As used in this provision— Key individual (i) Principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer and secretary of the board of directors or board of trustees); (ii) The principal officer and deputy principal officer of the organization ( e.g., (iii) The program manager or chief of party for the USG-financed program; and (iv) Any other person with significant responsibilities for administration of the USG-financed activities or resources, such as key personnel as described in Automated Directives System Chapter 302. Key personnel, whether or not they are employees of the prime contractor, must be vetted. Vetting official (c) The Contractor must submit a USAID Partner Information Form, USAID Form 500-13, to the vetting official identified below during the contract when the Contractor replaces key individuals with individuals who have not been previously vetting for this contract. Note: USAID will not approve any key personnel who have not passed vetting. (d) The designated vetting official is: Vetting official: Address: Email: ____________________ (for inquiries only) (e)(1) The vetting official will notify the Contractor that it— (i) Has passed vetting, (ii) Has not passed vetting, or (iii) Must provide additional information, and resubmit the USAID Partner Information Form with the additional information within the number of days the vetting official specifies. (2) The vetting official will include in the notification any information that USAID's Office of Security (SEC) determines releasable. In its determination, SEC will take into consideration the classification or sensitivity of the information, the need to protect sources and methods, or status of ongoing law enforcement and intelligence community investigations or operations. (f) Reconsideration. (2) Within 7 calendar days after the vetting official receives the request for reconsideration, the Agency will determine whether the contractor's additional information warrants a revised decision. (3) The Agency's determination of whether reconsideration is warranted is final. (g) A notification that the Contractor has passed vetting does not constitute any other approval under this contract. (h) When the contractor anticipates awarding a subcontract for which consent is required under (48 CFR) FAR clause 52.244-2, Subcontracts, the subcontract is subject to vetting. The prospective subcontractor must submit a USAID Partner Information Form, USAID Form 500-13, to the vetting official identified in paragraph (d) of this clause. The contracting officer must not consent to award of a subcontract to any organization that has not passed vetting when required. (i) The contractor agrees to incorporate the substance of paragraphs (a) through (g) of this clause in all subcontracts under this contract. (End of clause) Alternate I (FEB 2012). As prescribed in 704.7005(b)(2), substitute paragraphs (h) and (i) below for paragraphs (h) and (i) of the basic clause: (h)(1) When the contractor anticipates awarding a subcontract for which consent is required under (48 CFR) FAR clause 52.244-2, Subcontracts, the subcontract is subject to vetting. The prospective subcontractor must submit a USAID Partner Information Form, USAID Form 500-13, to the vetting official identified in paragraph (d) of this clause. The contracting officer must not consent to award of a subcontract to any organization that has not passed vetting when required. (2) In addition, prospective subcontractors at any tier providing the following classes of items (supplies and services): must pass vetting. Contractors must not place subcontracts for these classes of items until they receive confirmation from the vetting official that the prospective subcontractor has passed vetting. (i) The contractor agrees to incorporate the substance of this clause in all subcontracts under this contract. [77 FR 8171, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] 752.204-72 Access to USAID Facilities and USAID's Information Systems. As prescribed in AIDAR 704.1303, insert the following clause in Section I of solicitations and contracts: Access to USAID Facilities and USAID's Information Systems (May 2024) (a) The Contractor must ensure that individuals engaged in the performance of this award as employees or volunteers of the Contractor, or as subcontractors or subcontractor employees at any tier, comply with all applicable personal identity verification (PIV) and Homeland Security Presidential Directive-12 (HSPD-12) procedures, including those summarized below, and any subsequent USAID or Government-wide procedures and policies related to PIV or HSPD-12. (b) An individual engaged in the performance of this award may obtain access to USAID facilities or logical access to USAID's information systems only when and to the extent necessary to carry out this award. USAID issues various types of credentials to users who require physical access to Agency facilities and/or logical access to Agency information systems, in accordance with USAID's Automated Directives System (ADS) 542, available at https://www.usaid.gov/about-us/agency-policy/series-500/542. (c) (1) No later than five (5) business days after award, unless the Contracting Officer authorizes a longer time period, the Contractor must provide to the Contracting Officer's Representative a complete list of individuals that require access to USAID facilities or information systems under this contract. (2) Before an individual may obtain a USAID credential (new or replacement) authorizing the individual routine access to USAID facilities, or logical access to USAID's information systems, the individual must physically present two forms of identity source documents in original form to the Enrollment Office personnel when undergoing processing. To obtain a PIV card, one identity source document must be a valid Federal or State Government-issued picture ID from the I-9 list available at https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents. (d) (1) No later than the 5th day of each month, the Contractor must provide the Contracting Officer's Representative with the following: (i) a list of individuals with access who were separated in the past sixty (60) calendar days, and (ii) a list of individuals hired in the past sixty (60) calendar days who require access under this contract. (2) This information must be submitted even if no separations or hiring occurred during the past sixty (60) calendar days. (3) Failure to comply with the requirements in paragraph (d)(1) may result in the suspension of all facilities and/or logical access associated with this contract. (e) The Contractor must ensure that individuals do not share logical access to USAID information systems and sensitive information. (f) USAID may suspend or terminate the access to any systems and/or facilities in the event of any violation, abuse, or misuse. The suspension or termination may last until the situation has been corrected or no longer exists. (g) The Contractor must notify the Contracting Officer's Representative and the USAID Service Desk ( CIO-HELPDESK@usaid.gov (h) The Contractor must insert this clause, including this paragraph (h), in any subcontracts that require the subcontractor or a subcontractor employee to have routine physical access to USAID facilities or logical access to USAID's information systems. The Contractor is responsible for providing the Contracting Officer's Representative with the information required under paragraphs (c)(1) and (d)(1) of this clause for any applicable subcontractor or subcontractor employee. (End of clause) [89 FR 19758, Mar. 20, 2024; 89 FR 4209, Jan. 23, 2024] 752.209-71 Organizational conflicts of interest discovered after award. As prescribed in 709.507-2, insert the following clause in any solicitation containing a provision in accordance with (48 CFR) FAR 9.507-1, or a clause in accordance with (48 CFR) FAR 9.507-2, establishing a restraint on the contractor's eligibility for future contracts. Organizational Conflicts of Interest Discovered After Award (JUN 1993) (a) The Contractor agrees that, if after award it discovers either an actual or potential organizational conflict of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action(s) which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. (b) The contracting officer shall provide the contractor with written instructions concerning the conflict. USAID reserves the right to terminate the contract if such action is determined to be in the best interest of the Government. (End of clause) [58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5008, Feb. 2, 1999; 79 FR 74988, 74998, Dec. 16, 2014] 752.211-70 Language and measurement. The following clause shall be used in all USAID-direct contracts. Language and Measurement (JUN 1992) (a) The English language shall be used in all written communications between the parties under this contract with respect to services to be rendered and with respect to all documents prepared by the contractor except as otherwise provided in the contract or as authorized by the contracting officer. (b) Wherever measurements are required or authorized, they shall be made, computed, and recorded in metric system units of measurement, unless otherwise authorized by USAID in writing when it has found that such usage is impractical or is likely to cause U.S. firms to experience significant inefficiencies or the loss of markets. Where the metric system is not the predominant standard for a particular application, measurements may be expressed in both the metric and the traditional equivalent units, provided the metric units are listed first. (End of clause) [57 FR 23321, June 3, 1992. Redesignated at 61 FR 39095, July 26, 1996] 752.216-70 Award fee. As prescribed in 716.406, insert the following clause in solicitations and contracts in which an award-fee contract is contemplated. Award Fee (MAY 1997) (a) The Government shall pay the Contractor for performing this contract such base fee and such additional fee as may be awarded, as provided in the Schedule. (b) Payment of the base fee and award fee shall be made as specified in the Schedule; provided, that after payment of 85 percent of the base fee and potential award fee, the contracting officer may withhold further payment of the base fee and award fee until a reserve is set aside in an amount that the contracting officer considers necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the total base fee and potential award fee or $100,000, whichever is less. The contracting officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The contracting officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. (End of clause) [64 FR 5008, Feb. 2, 1999, as amended at 79 FR 74988, 74998, Dec. 16, 2014] 752.216-71 Partner vetting in indefinite delivery contracts. As prescribed in (48 CFR) AIDAR 716.506(b)(1), insert the following clause in all indefinite-delivery contracts subject to vetting: Partner Vetting in Indefinite Delivery Contracts (FEB 2012) (a) The contractor must comply with the vetting requirements for key individuals under this contract and in any orders that are identified as subject to vetting. (b) Definitions. As used in this provision— Key individual (i) Principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer and secretary of the board of directors or board of trustees); (ii) The principal officer and deputy principal officer of the organization (e.g., executive director, deputy director, president, vice president); (iii) The program manager or chief of party for the USG-financed program; and (iv) Any other person with significant responsibilities for administration of the USG-financed activities or resources, such as key personnel as described in Automated Directives System Chapter 302. Key personnel, whether or not they are employees of the prime contractor, must be vetted. Vetting official (c) The contractor must submit a USAID Partner Information Form, USAID Form 500-13 to the designated vetting official: (1) when the contractor replaces key individuals under the basic contract with individuals who have not been previously vetted. (2) when the contractor replaces key individuals under an order subject to vetting with individuals who have not been previously vetted. For changes to any key individuals associated with both the basic contract and any orders subject to vetting, the contractor must submit updated vetting forms to each designated vetting official. Note: USAID will not approve any key personnel who have not passed vetting. (d)(1) The designated vetting official for the basic contract is: Vetting official: Address: Email: ____________________ (for inquiries only) (2) Each order subject to vetting will identify the vetting official for that order. The contractor must submit vetting information specific to an order to the vetting official identified in that order. (e)(1) The vetting official will notify the contractor that it— (i) Has passed vetting, (ii) Has not passed vetting, or (iii) Must provide additional information, and resubmit the USAID Partner Information Form with the additional information within the number of days the vetting official specifies. (2) The vetting official will include in the notification any information that USAID's Office of Security (SEC) determines releasable. In its determination, SEC will take into consideration the classification or sensitivity of the information, the need to protect sources and methods, or status of ongoing law enforcement and intelligence community investigations or operations. (f) Reconsideration. (2) Within 7 calendar days after the vetting official receives the request for reconsideration, the Agency will determine whether the contractor's additional information warrants a revised decision. (3) The Agency's determination of whether reconsideration is warranted is final. (g) A notification that the contractor has passed vetting does not constitute any other approval under this contract. (h) The request for task or delivery order proposals will identify whether the order is subject to vetting. The following are the procedures for vetting orders under this contract. Note that the term “awardee” as used below refers to a contractor under multiple-award indefinite-delivery contracts, consistent with the use of the term in (48 CFR) FAR 16.505(b): (1) The contracting officer will notify the awardees when to complete and submit the USAID Partner Information Form to the vetting official named in the request for order proposals. Note: Awardees who submit using non-secure methods of transmission do so at their own risk. (2) The awardee must notify proposed subcontractors of this requirement when the subcontractors are subject to vetting. (3) The fair opportunity process proceeds separately from vetting. Vetting is conducted independently from any discussions the contracting officer may have with an awardee. The awardee and any subcontractor subject to vetting must not provide vetting information to other than the vetting official identified in the request for order proposal. The awardee and any subcontractor subject to vetting will communicate only with the vetting official regarding their vetting submission(s) and not with any other USAID or USG personnel, including the contracting officer or his/her representatives. (4)(i) The vetting official notifies the awardee that it: (A) Has passed vetting, (B) Has not passed vetting, or (C) Must provide additional information, and resubmit the USAID Partner Information Form with the additional information within the number of days the vetting official specified in the notification. (ii) The vetting official will include in the notification any information that USAID's Office of Security (SEC) determines releasable. In its determination, SEC will take into consideration the classification or sensitivity of the information, the need to protect sources and methods, or status of ongoing law enforcement and intelligence community investigations or operations. (5) Reconsideration. (ii) Within 7 calendar days after the vetting official receives the request for reconsideration, the Agency will determine whether the contractor's additional information warrants a revised decision. (iii) The Agency's determination of whether reconsideration is warranted is final. (6) Revisions to vetting information. (ii) The order vetting official will follow the vetting process in paragraph (e) of this clause for any revision of the awardee's Form. (7) Award of order. (i) When the contractor anticipates awarding a subcontract for which consent is required under (48 CFR) FAR clause 52.244-2, Subcontracts, the subcontract is subject to vetting. The prospective subcontractor must submit a USAID Partner Information Form, USAID Form 500-13, to the designated vetting official. The contracting officer must not consent to award of a subcontract to any organization that has not passed vetting when required. (j) The contractor agrees to incorporate the substance of paragraphs (a) through (g) of this clause in all subcontracts under this contract. (End of clause) Alternate I (FEB 2012). As prescribed in 716.506(b), substitute paragraphs (i) and (j) below for paragraphs (i) and (j) of the basic clause: (i)(1) When the contractor anticipates awarding a subcontract for which consent is required under (48 CFR) FAR clause 52.244-2, Subcontracts, the subcontract is subject to vetting. The prospective subcontractor must submit a USAID Partner Information Form, USAID Form 500-13, to the designated vetting official. The contracting officer must not consent to award of a subcontract to any organization that has not passed vetting when required. (2) In addition, prospective subcontractors at any tier providing the following classes of items (supplies and services): must pass vetting. Contractors must not place subcontracts for these classes of items until they receive confirmation from the vetting official that the prospective subcontractor has passed vetting. (j) The contractor agrees to incorporate the substance of this clause in all subcontracts under this contract. [77 FR 8172, Feb. 14, 2012, as amended at 79 FR 74988, Dec. 16, 2014] 752.219-8 Utilization of small business concerns and small disadvantaged business concerns. As prescribed in (48 CFR) AIDAR 719.708, insert the following clause in solicitations and contracts that contain the clause at 52.219-8, Utilization of Small Business Concerns: Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (MAR 2015) In addition to the FAR clause at 52.219-8, Utilization of Small Business Concerns, the contractor must comply with the following USAID small business provision: To permit USAID, in accordance with the small business provisions of the Foreign Assistance Act, to give small business firms an opportunity to participate in supplying equipment supplies and services financed under this contract, the contractor must, to the maximum extent possible, provide the following information to the U.S. Agency for International Development(USAID), Office of Small and Disadvantaged Business Utilization (OSDBU), 1300 Pennsylvania Ave. NW., SA-44, Room 848, Washington, DC 20523, at least 45 days prior to placing any order in excess of the simplified acquisition threshold except where a shorter time is requested of, and granted by OSDBU: (1) Brief general description and quantity of commodities or services; (2) Closing date for receiving quotations or bids; and (3) Address where invitations or specifications may be obtained. (End of clause) [79 FR 74998, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.219-70 USAID Mentor-Protégé Program. As prescribed in 719.273-11(a), insert the following provision: USAID Mentor-Protégé Program (JUL 2007) (a) Large and small business are encouraged to participate in the USAID Mentor-Protégé Program (the “Program”). Mentor firms provide eligible small business Protégés with developmental assistance to enhance their business capabilities and ability to obtain Federal contracts. (b) Mentor firms are large prime contractors or eligible small business capable of providing developmental assistance. Protégé firms are small business as defined in 13 CFR parts 121, 124, and 126. (c) Developmental assistance is technical, managerial, financial, and other mutually beneficial assistance that aids Protégés. The costs for developmental assistance are not chargeable to the contract. (d) Firms interested in participating in the Program are encouraged to contact the USAID Mentor-Protégé Program Manager (202-712-1500) for more information. (End of provision) [72 FR 32546, June 13, 2007, as amended at 79 FR 74998, Dec. 16, 2014] 752.219-71 Mentor requirements and evaluation. As prescribed in (48 CFR) AIDAR 719.273-11(b), insert the following clause: Mentor Requirements and Evaluation (JUL 2007) (a) Mentor and Protégé firms shall submit an evaluation of the overall experience in the Program to OSDBU at the conclusion of the mutually agreed upon Program period, the conclusion of the contract, or the voluntary withdrawal by either party from the Program, whichever occurs first. At the conclusion of each year in the Mentor-Protégé Program, the Mentor and Protégé will formally brief the USAID Mentor-Protégé Program Manager regarding Program accomplishments under their Mentor-Protégé Agreement. (b) Mentor or Protégé shall notify OSDBU in writing, at least 30 calendar days in advance of the effective date of the firm's withdrawal from the Program. (End of clause) [72 FR 32546, June 13, 2007, as amended at 79 FR 74988, 74998, Dec. 16, 2014] 752.222-70 USAID disability policy. As prescribed in 722.810, the contracting officer must insert the following clause in Section H of all solicitations and resulting awards. USAID Disability Policy (DEC 2004) (a) The objectives of the USAID Disability Policy are: (1) To enhance the attainment of United States foreign assistance program goals by promoting the participation and equalization of opportunities of individuals with disabilities in USAID policy, country and sector strategies, activity designs and implementation; (2) To increase awareness of issues of people with disabilities both within USAID programs and in host countries; (3) To engage other U.S. Government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities; and (4) To support international advocacy for people with disabilities. The full text of USAID's policy can be found at the following Web site: http://pdf.usaid.gov/pdf_docs/PDABQ631.pdf (b) USAID therefore requires that the contractor not discriminate against people with disabilities in the implementation of USAID programs and that it make every effort to comply with the objectives of the USAID Disability Policy in performing this contract. To that end and within the scope of the contract, the contractor's actions must demonstrate a comprehensive and consistent approach for including men, women, and children with disabilities. (End of clause) [79 FR 74998, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.222-71 Nondiscrimination. As prescribed in 722.810(b), insert the following clause in section I of all solicitations and resulting contracts. Nondiscrimination (MAY 2024) FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices. USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy, sexual orientation, gender identity, or transgender status), national origin, age (40 or older), physical or mental disability, genetic information, marital or parental status, veteran status, membership in an employee organization, political affiliation, or involvement in protected equal employment opportunity (EEO) activity. USAID does not tolerate any type of discrimination (in any form, including harassment) of any employee or applicant for employment on any of the above-described bases. Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce nondiscrimination policies consistent with USAID's approach to workplace nondiscrimination as described in this clause, subject to applicable law. (End of clause) [89 FR 4208, Jan. 23, 2024] 752.225-5 Buy American Act-Trade Agreements Act. The clauses prescribed by FAR 25.1101 are not generally included in USAID contracts when more stringent source requirements are stated in the contract or when inclusion is not appropriate under FAR 25.403, or AIDAR 725.403. (See Executive Order 11223, dated May 12, 1965.) The clause setting forth USAID's source restrictions is provided in 752.225-70. [89 FR 4208, Jan. 23, 2024] 752.225-70 Source and nationality requirements. As prescribed in 725.704, insert the following clause: Source and Nationality Requirements (FEB 2012) (a) Except as may be specifically approved by the contracting officer, the contractor must procure all commodities ( e.g., (b) Ineligible goods and services. (1) Military equipment; (2) Surveillance equipment; (3) Commodities and services for support of police and other law enforcement activities; (4) Abortion equipment and services; (5) Luxury goods and gambling equipment; or (6) Weather modification equipment. (c) Restricted goods. (1) Agricultural commodities; (2) Motor vehicles; (3) Pharmaceuticals and contraceptive items; (4) Pesticides; (5) Fertilizer; (6) Used equipment; or (7) U.S. Government-owned excess property. If USAID determines that the contractor has procured any of these specific restricted goods under this contract without the prior written authorization of the contracting officer or fails to comply with required procedures under an applicable waiver as provided by the contracting officer, and has received payment for such purposes, the contracting officer may require the contractor to refund the entire amount of the purchase. (End of clause) [79 FR 74998, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.226-1--752.226-3 [Reserved] 752.226-70 Trade and Investment Activities and the “Impact on U.S. Jobs” and “Workers' Rights.” As prescribed in 48 CFR 726.7101(b), insert a clause substantially as follows: Trade and Investment Activities and the “Impact on U.S. Jobs” and “Workers' Rights” (Jul 2023) (a) Except as specifically set forth in this contract or otherwise authorized by USAID in writing, no funds or other support provided under this contract may be used for any activity that: provides financial incentives and other assistance for U.S. companies to relocate operations abroad if it is likely to result in the loss of U.S. jobs; contributes to violations of internationally recognized workers' rights defined in 19 U.S.C. 2467(4); or provides financial incentives for entities located outside the United States to relocate or transfer jobs from the United States to other countries or provide financial incentives that would adversely affect the labor force in the United States. (b) In the event the Contractor is requested to provide services in any of the above areas or requires clarification from USAID as to whether an activity would be consistent with the limitation set forth above, the Contractor must notify the Contracting Officer and provide a detailed description of the expected impact of the proposed activity. The Contractor must not proceed with the activity until advised by USAID in writing that it may do so. (c) The Contractor must ensure that its employees and subcontractors providing trade and investment support services are made aware of the restrictions set forth in this clause and must include this clause in all subcontracts. (End of clause) [88 FR 39192, June 18, 2023] 752.227-14 Rights in Data—general. As prescribed in 727.409(a), insert the following clause: Rights in Data—General (OCT 2007) The following paragraph (d) replaces paragraph (d) of (48 CFR) FAR 52.227-14 Rights in Data—General. (d) Release, publication and use of data. (2) The Contractor agrees that to the extent it receives or is given access to data necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized in writing by the contracting officer. (3) For all data first produced or specifically used by the Contractor in the overseas performance of this contract, the Contractor shall not release, reproduce, distribute, or publish such data without the written permission of the contracting officer. The Government also may require the contractor to assign copyright to the Government or another party as circumstances warrant or as specifically stated elsewhere in the contract. (End of clause) [72 FR 53164, Sept. 18, 2007, as amended at 79 FR 74988, Dec. 16, 2014; 89 FR 4208, Jan. 23, 2024] 752.227-70 Patent reporting procedures. As prescribed in (48 CFR) AIDAR 727.303, insert the following clause in all solicitations and contracts that contain the clause at (48 CFR) FAR 52.227-11. Patent Reporting Procedures (AUG 1999) (a) Reporting inventions. http://www.iedison.gov (b) Reports on utilization of subject inventions as required under (48 CFR) FAR 52.227-11(f) must be provided to the USAID contracting officer's technical representative annually, and the last report under an agreement must be provided within 90 days of the expiration of the agreement. (End of clause) [79 FR 74999, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.227-71. Planning, Collection, and Submission of Digital Information to USAID. As prescribed in AIDAR 727.7003, insert the following clause in Section H of solicitations and contracts: Planning, Collection, and Submission of Digital Information to USAID (JUN 2024) (a) Definitions. Computer Data Data asset Data inventory Data management plan (DMP) Data set Digital Digital data Digital information (i) Digital text; (ii) Digital data; (iii) Digital objects; and (iv) Metadata created or obtained with USAID funding regarding international development or humanitarian assistance activities supported by this award that are represented, stored, or transmitted in such a way that they are available to a computer program. Digital method Digital object Digital repository Digital text Draft digital information Granularity Information quality standards Integrity Machine readable Metadata Objectivity Personally identifiable information (PII) Publication object e.g., Quality digital information Registered with the USAID Digital Front Door (DFD) (i) The Contractor entered all mandatory information required to obtain access to the DFD. (ii) The Contractor agrees to abide by the DFD terms and conditions of use. (iii) The Government has validated the Contractor's registration by providing access to the DFD. USAID Digital Front Door (DFD), dfd.usaid.gov Utility (b) Digital information planning requirements. (c) Data Management Plan (DMP) What is required. (2) What to submit. (i) Data inventory; and (ii) If requested in writing by the Contracting Officer, (A) Protocols for data collection, management and storage; (B) Protocols for maintaining adequate safeguards that include the privacy and security of digital information collected under the award; (C) Documentation that ensures other users can understand and use the data; (D) Protocols for preserving digital information and facilitating access by other stakeholders; and (E) Terms of use on data usage, publication, curation, or other dissemination plans. (3) When to submit. (4) When to revise. (d) Digital information production and collection requirements. (i) Use only digital methods to the extent practicable to produce, furnish, acquire, or collect information in performance of this contract. If the Contractor is unable to consistently collect data using digital methods, the Contractor must obtain the contracting officer or delegated contracting officer's representative's approval for any alternative collection method. (ii) Collect digital information at the finest level of granularity that enables the Contractor to comply with the terms of this contract. (2) To the extent practicable, the Contractor must limit the collection of PII to only that which is necessary to comply with the requirements of the contract. (e) Registration requirements. (1) Be registered with the USAID Digital Front Door (DFD) within ninety (90) days after award of this contract; and (2) Maintain access to the DFD during the period of performance of this contract. (f) Submission requirements What to submit. (i) Submit digital information created or obtained in performance of this contract to USAID at the finest level of granularity at which it was collected. (ii) Submit digital information in nonproprietary formats and digital data and data sets in machine readable formats. The Contractor may also submit proprietary formats in addition to a nonproprietary format. (iii) Submit a copy of any usage license agreement that the Contractor obtained from any third party who granted usage rights for the digital information. (iv) Submit a copy of any photo or media release template that the Contractor used to obtain permission from any third party for the use of the photo or media. (v) When the contract includes AIDAR clause 752.7012, Protection of the Individual as a Research Subject, provide a blank copy of the form, document, instructions, or other instruments used to obtain informed consent from persons whose individual information is contained in the original version of the digital object. (vi) If applicable, provide additional details or metadata regarding: (A) Where and how to access digital information that the Contractor submits to a USAID-approved digital repository or via alternate technology as approved by USAID's Chief Information Officer; (B) The quality of submissions of draft digital information; (C) Known sensitivities within digital information that may jeopardize the personal safety of any individual or group, whether the Contractor has submitted the information or has received a submission exemption; (D) Digital information for which the Contractor was unable to obtain third party usage rights, a media release, or informed consent or which has other proprietary restrictions. (2) Where to submit. (3) When to submit. (ii) Upon written approval of the contracting officer or delegated contracting officer's representative, the Contractor must submit draft digital information to USAID when the “best available” information is required in order to meet time constraints or other programmatic or operational exigencies. (4) Exemptions. (A) Classified information. (B) Personally identifiable information. The Contractor must, to the maximum extent possible, remove the association between the set of identifying data and the individual to which it applies unless retaining such information is essential to comply with the terms of this contract and upon written approval from the contracting officer or delegated contracting officer's representative to submit this information. (ii) If the Contractor believes there is a compelling reason not to submit specific digital information that does not fall under an exemption in this section, including circumstances where submission may jeopardize the personal safety of any individual or group, the Contractor must obtain written approval not to submit the digital information from the contracting officer. (5) Approval requirements. (g) Publication considerations. (2) For any digital object the Contractor submits in compliance with the terms of this contract, the Contractor may request from the contracting officer or delegated contracting officer's representative an embargo on the public release of the digital object. The contracting officer or delegated contracting officer's representative may approve an embargo request that is for no more than 12 months at a time, with additional scrutiny for digital objects relied upon for journal publication. A determination on this request will be provided to the Contractor in writing. (3) If the Contractor used a digital object previously submitted via the DFD to generate the publication object, and that digital object is governed by a pre-existing embargo, that embargo will expire on the day the publication object is scheduled for publication. USAID may elect to publish digital information on which the publication object is based as early as the date the publication object is scheduled for publication. (h) USAID digital collection and submission standards. data.usaid.gov/standards. (i) Access to the digital information. (j) Obligations regarding subcontractors. (2) The Contractor must insert the terms of this clause, except paragraph (e) of this clause, in all subcontracts. (End of clause) Alternate I (c) [Reserved] [89 FR 37961, May 6, 2024] 752.228-3 Worker's compensation insurance (Defense Base Act). As prescribed in 728.309, the following supplemental coverage must be added to the clause specified in (48 CFR) FAR 52.228-3 by the USAID contracting officer. Worker's Compensation Insurance (Defense Base Act) (DEC 1991) In addition to the requirements specified in (48 CFR) FAR 52.228-3, the contractor agrees to the following: (a) The Contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between USAID and USAID's DBA insurance carrier unless the Contractor has a DBA self insurance program approved by the Department of Labor or has an approved retrospective rating agreement for DBA. (b) If USAID or the contractor has secured a waiver of DBA coverage (see (48 CFR) AIDAR 728.305-70(a)) for contractor's employees who are not citizens of, residents of, or hired in the United States, the contractor agrees to provide such employees with worker's compensation benefits as required by the laws of the country in which the employees are working, or by the laws of the employee's native country, whichever offers greater benefits. (c) The Contractor further agrees to insert in all subcontracts hereunder to which the DBA is applicable, a clause similar to this clause, including this sentence, imposing on all subcontractors a like requirement to provide overseas workmen's compensation insurance coverage and obtain DBA coverage under the USAID requirements contract. (End of clause) [53 FR 50631, Dec. 16, 1988, as amended at 54 FR 16122, Apr. 21, 1989; 56 FR 67226, Dec. 30, 1991; 79 FR 74988, 74999, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.228-7 Insurance—liability to third persons. As prescribed in 728.307-2(c), the following paragraph must be added to the clause specified in (48 CFR) FAR 52.228-7 as either paragraph (h) (if (48 CFR) FAR 52.228-7 Alternate I Insurance—Liability to Third Persons (JUL 1997) The following paragraph is added to the clause specified in (48 CFR) FAR 52.228-7: ( ) Insurance on private automobiles. (End of clause) [53 FR 50632, Dec. 16, 1988, as amended at 54 FR 16122, Apr. 21, 1989; 62 FR 40470, July 29, 1997; 79 FR 74999, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.228-9 Cargo insurance. As prescribed in 728.313(a), the following preface is to be used preceding the text of the clause at (48 CFR) FAR 52.228-9: Cargo Insurance (DEC 1998) Preface: (End of clause) [53 FR 50632, Dec. 16, 1988, as amended at 79 FR 74999, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.228-70 Medical Evacuation (MEDEVAC) Services. As prescribed in 728.307-70, for use in all contracts requiring performance overseas: Medical Evacuation (MEDEVAC) Services (JUL 2007) (a) The contractor must provide MEDEVAC service coverage to all U.S. citizen, U.S. resident alien, and Third Country National employees and their authorized dependents (hereinafter “individual”) while overseas under a USAID-financed direct contract. USAID will reimburse reasonable, allowable, and allocable costs for MEDEVAC service coverage incurred under the contract. The contracting officer will determine the reasonableness, allowability, and allocability of the costs based on the applicable cost principles and in accordance with cost accounting standards. (b) Exceptions. (ii) The Mission Director may make a written determination to waive the requirement for such coverage. The determination must be based on findings that the quality of local medical services or other circumstances obviate the need for such coverage for eligible employees and their dependents located at post. (c) Contractor must insert a clause similar to this clause in all subcontracts that require performance by contractor employees overseas. (End of clause) [59 FR 33447, June 29, 1994, as amended at 72 FR 19669, Apr. 19, 2007; 79 FR 74988, 74999, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.229-70 Federal, state and local taxes. For contracts involving performance overseas the clauses prescribed in (48 CFR) FAR 29.401-3 or 29.401-4 may be modified to specify that the taxes referred to are United States taxes. [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014] 752.229-71 Reporting of Foreign Taxes As prescribed in (48 CFR) AIDAR 729.402-70(b), insert the following clause in applicable solicitations and resulting contracts. The contracting officer must insert the address and point of contact at the Embassy, Mission, or M/CFO/CMP as appropriate under paragraph (d) of this clause. Reporting of Foreign Taxes (Jul 2023) (a) Definitions. Foreign government Foreign taxes Local staff (b) Annual report. (2) A report is required even if the Contractor did not pay any foreign taxes during the reporting period. A cumulative report may be provided if the Contractor is performing more than one award in the foreign country. (c) Contents of report. (1) Contractor name. (2) Contact name with phone number and email address. (3) Contract number(s). (4) Amount of foreign taxes assessed by each foreign government (listed separately) under this contract during the prior U.S. Government fiscal year. (i) Taxes assessed on any individual transaction of less than $500 should not be reported. (ii) The Contractor must report only foreign taxes assessed by a foreign government receiving U.S. assistance under this contract. The Contractor must not report on foreign taxes assessed by a third-party foreign government. (5) Any reimbursements of foreign taxes received by the Contractor on the taxes reported in paragraph (c)(4) of this clause received through the date of the report. (d) Submission of report. Contracting Officer must insert address and point of contact at the Embassy or Mission in the country in which the contract will be performed, or CFO/CMP for USAID/W-issued contracts, as appropriate (e) Subcontracts. (End of clause) [88 FR 39192, June 15, 2023] 752.231-71 Salary supplements for HG employees. As prescribed in 731.205-71, for use in all contracts with a possible need or services of a HG employee. The clause should also be inserted in all subsequent sub-contracts. Salary Supplements for HG Employees (MAR 2015) (a) Salary supplements are payments made that augment an employee's base salary or premiums, overtime, extra payments, incentive payment and allowances for which the HG employee would qualify under HG rules or practice for the performance of his/hers regular duties or work performed during his/hers regular office hours. Per diem, invitational travel, honoraria and payment for work carried out outside of normal working hours are not considered to be salary supplements. (b) Salary supplements to HG Employees are not allowable without the written approval of the contracting officer. (c) The Contractor must insert a clause containing all the terms of this clause, including the requirement to obtain the written approval of the contracting officer for all salary supplements, in all subcontracts under this contract that may entail HG employee salary supplements. (End of clause) [64 FR 16649, Apr. 6, 1999, as amended at 79 FR 74988, 74999, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.231-72 Conference planning and required approval As prescribed in (48 CFR) AIDAR 731.205-43(d), insert the following clause in section H of all USAID-funded solicitations and contracts anticipated to include a requirement for a USAID-funded conference. Conference Planning and Required Approval (Jul 2023) (a) Definitions. Conference Net conference expense Personal Services Contractor (PSC) Temporary duty (TDY) travel USAID employee (b) Prior approval. (1) A conference funded in whole or in part by USAID when ten (10) or more USAID employees or Personal Services Contractors are required to travel on temporary duty status to attend the conference; or (2) A conference funded in whole or in part by USAID and attended by USAID employees or USAID Personal Services Contractors, when the net conference expense funded by USAID is expected to exceed $100,000, regardless of the number of USAID participants. (c) Exceptions. (1) Co-creation conferences to facilitate the design of programs or procurements. (2) Events funded and scheduled by the Center for Professional Development within the USAID Office of Human Capital and Talent Management. (3) A single course presented by an instructor conducted at a U.S. Government training facility (including the Washington Learning Center or other USAID training facilities), a commercial training facility, or other venue if a U.S. Government training facility is not available. (4) Conferences conducted at a U.S. Government facility or other venue not paid directly or indirectly by USAID, when travel of USAID employees or USAID Personal Services Contractors, light refreshments and, if applicable, costs associated with participation of the Contractor's staff are the only direct costs associated with the event. (d) Allowability of cost. (e) Post-award. (f) Documentation. (1) A brief summary of the proposed event; (2) A justification for the conference and alternatives considered, e.g., (3) The estimated budget by line item ( e.g., (4) A list of USAID employees or PSCs attending and a justification for each, and the number of other USAID-funded participants ( e.g., (5) A cost comparison for at least three potential venues (including a U.S. Government owned or leased facility) and a justification if the lowest cost facility is not selected; (6) If meals will be provided to local USAID employees or PSCs (a local employee would not be in travel status), a statement on whether the meals are a necessary expense to support the conference objectives; and (7) A statement signed by an employee of the Contractor with authority to bind the Contractor, confirming that strict fiscal responsibility has been exercised in making decisions regarding conference expenditures, the proposed costs are comprehensive and represent the greatest cost advantage to the U.S. Government, and that the proposed conference representation has been limited to the minimum number necessary to support the conference objectives. (End of clause) [88 FR 39193, June 15, 2023] 752.232-70 Letter of credit advance payment. As required by 732.406-73, insert the following clause in contracts being paid by Letter of Credit. Letter of Credit Advance Payment (MAR 2015) (a) Payment under this contract must be by means of a Letter of Credit (LOC) in accordance with the terms and conditions of the LOC and any instructions issued by the USAID, Bureau for Management, Office of the Chief Financial Officer, Cash Management and Payment Division (M/CFO/CMP). (b) Immediately upon award, or as soon as the Letter of Credit payment method is approved by the contracting officer, contractors without an established LOC account must submit the following forms with original signatures, to the address specified below: Forms: (1) A signed original SF-1199A (Direct Deposit Sign-Up Form); and (2) “Division of Payment Management Payment Management System Access Form” found at the Department of State and Human Services (DHHS) Web site. Address: ATTN: James DuBois, U.S. Agency for International Development, M/CFO/CMP—LOC Unit, 1300 Pennsylvania Ave. NW., SA-44, Room 430-J, Washington, DC 20523-7700. Contractors must also submit the forms specified above electronically to loc@usaid.gov. (c) As long as the LOC is in effect, the terms and conditions of the LOC and any instructions issued by M/CFO/CMP constitute the payment conditions of this contract, superseding and taking precedence over any other clause of this contract concerning payment. (d) If the LOC is revoked, payment may be made on a cost-reimbursement basis, in accordance with the other clauses of this contract concerning payment. (e) Revocation of the LOC is at the discretion of M/CFO/CMP after consultation with the contracting officer. Notification to the contractor of revocation must be in writing and must specify the reasons for such action. The contractor may appeal any such revocation to the contracting officer, in accordance with the Disputes clause of this contract. Pending final decision, payments under the contract will be in accordance with paragraph (d) of this clause. (End of clause) [79 FR 74999, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.236-70 Standards for accessibility for the disabled in USAID construction contracts. As prescribed in 736.570, for contracts for construction or renovation using program funds, insert the following clause. Standards for Accessibility for the Disabled in USAID Construction Contracts (JUL 2007) (a) One of the objectives of the USAID Disability Policy is to engage other U.S. Government agencies, host country counterparts, governments, implementing organizations and other donors in fostering a climate of nondiscrimination against people with disabilities. As part of this policy USAID has established standards for any new or renovation construction project funded by USAID to allow access by people with disabilities (PWDs). The full text of the policy paper can be found at the following Web site: http://www.usaid.gov/about_usaid/disability/. (b) USAID requires the contractor to comply with standards of accessibility for people with disabilities in all structures, buildings or facilities resulting from new or renovation construction or alterations of an existing structure. (c) The contractor must comply with the host country or regional standards for accessibility in construction when such standards result in at least substantially equivalent accessibility and usability as the standard provided in the Americans with Disabilities Act (ADA) of 1990 and the Architectural Barriers Act (ABA) Accessibility Guidelines of July 2004. Where there are no host country or regional standards for universal access or where the host country or regional standards fail to meet the ADA/ABA threshold, the standard prescribed in the ADA and the ABA must be used. (d) New Construction. (e) Alterations. (f) Exceptions. (1) Normal maintenance, re-roofing, painting or wallpapering, or changes to mechanical or electrical systems are not alterations and the above standards do not apply unless they affect the accessibility of the building or facility; and (2) emergency construction (which may entail the provision of plastic sheeting or tents, minor repair and upgrading of existing structures, rebuilding of part of existing structures, or provision of temporary structures) intended to be temporary in nature. A portion of emergency construction assistance may be provided to people with disabilities as part of the process of identifying disaster- and crisis-affected people as “most vulnerable.” (End of clause) [79 FR 75000, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.239-70 Information Technology Authorization. As prescribed in AIDAR 739.106(b), insert the following clause in Section I of solicitations and contracts: Information Technology Authorization (May 2024) (a) Definitions. Information Technology (1) Any services or equipment, or interconnected system(s) or subsystem(s) of equipment, that are used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency; where (2) such services or equipment are “used by an agency” if used by the agency directly or if used by a contractor under a contract with the agency that requires either use of the services or equipment or requires use of the services or equipment to a significant extent in the performance of a service or the furnishing of a product. (3) The term “information technology” includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including provisioned services such as cloud computing and support services that support any point of the lifecycle of the equipment or service), and related resources. (4) The term “information technology” does not include any equipment that is acquired by a contractor incidental to a contract that does not require use of the equipment. (b) Approval Requirements. (c) Request for Approval Procedure. (1) If the Contractor determines that any information technology not specified in the Schedule will be necessary in the performance of the contract, the Contractor must request prior written approval from the Contracting Officer, including the Contracting Officer's Representative and the Office of the CIO ( ITAuthorization@usaid.gov (2) In the request, the Contractor must provide an itemized description of the information technology to be procured. For equipment (including hardware and software), the Contractor must include any applicable brand names, model/version numbers, quantities, and estimated unit and total cost information. For services, the Contractor must provide a detailed description of the services, name(s) of the service provider(s), and estimated cost information. (3) The Contracting Officer will approve or deny in writing the Contractor's request. If granted, the Contracting Officer will specify in writing the information technology approved by the CIO for purchase. (d) Subcontracts. (End of clause) [89 FR 19759, Mar. 20, 2024] § 752.239-71 Information and Communication Technology Accessibility. As prescribed in AIDAR 739.106(c), insert the following clause in Section I of solicitations and contracts: Information and Communication Technology Accessibility (May 2024) (a) Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires (1) Federal agencies to offer access to information and communication technology (ICT) to individuals with disabilities who are Federal employees or members of the public seeking information or services, and (2) that this access be comparable to that which is offered to Federal employees or members of the public who are not individuals with disabilities. Standards for complying with this law are prescribed by the Architectural and Transportation Barriers Compliance Board (“Access Board”) in 36 CFR part 1194, are viewable at https://www.access-board.gov/ict/. (b) Except as indicated elsewhere in the contract, all ICT supplies, services, information, documentation, and deliverables developed, acquired, maintained, or delivered under this contract must meet the applicable Section 508 accessibility standards at 36 CFR part 1194, as amended by the Access Board. (c) The Section 508 accessibility standards applicable to this contract are identified in Section C or other applicable sections of this contract. (d) The Contractor must, upon written request from the Contracting Officer, or if so designated, the Contracting Officer's Representative, provide the information necessary to assist the Government in determining that the ICT supplies or services conform to Section 508 accessibility standards. (e) If it is determined by the Government that any ICT supplies or services delivered by the Contractor do not conform to the required accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense. (f) The Contractor must insert this clause in all subcontracts that involve the acquisition of ICT supplies and/or services. The Contractor is responsible for the submission of any information as required under paragraph (e) of this clause. (End of clause) [89 FR 19759, Mar. 20, 2024] § 752.239-72 USAID-Financed Project Websites. As prescribed in AIDAR 739.106(d), insert the following clause in Section I of solicitations and contracts: USAID-Financed Project Websites (May 2024) (a) Definitions. Project Website (1) funded under this contract; (2) hosted outside of a Federal Government domain ( i.e., .gov (3) operated exclusively by the Contractor, who is responsible for all website content, operations and management, information security, and disposition of the website; (4) not operated by or on behalf of USAID; and (5) does not provide official USAID communications, information, or services. (b) Requirements. (1) Domain name. (2) Information to be collected. (3) Disclaimer. (4) Accessibility. (5) Information security: (c) Disposition. (d) Subcontracts. (End of clause) [89 FR 19759, Mar. 20, 2024] 752.242-70 Periodic progress reports. As prescribed in (48 CFR) AIDAR 742.1170-4(c), insert the following clause in contracts for which periodic progress reports are required from the contractor. The term “contract” shall be interpreted as “task order” or “delivery order” when this clause is used in an indefinite-delivery contract. Periodic Progress Reports (OCT 2007) (a) The contractor shall prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance. (b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contractor submits the report or the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress. (End of clause) [72 FR 53164, Sept. 18, 2007, as amended at 79 FR 74988, 75000, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.242-71 Activity Monitoring, Evaluation, and Learning Plan As prescribed in AIDAR 742.1170-5, insert the following clause in section F of solicitations and contracts. Activity Monitoring, Evaluation, and Learning Plan (JUN 2024) (a) Definitions. Activity Monitoring, Evaluation, and Learning Plan (AMELP) Contract Evaluation Feedback from beneficiaries Indicator Learning activity Monitoring context Output Outcome Performance indicator means Target (b) Requirements. (2) The Contractor must revise the AMELP as necessary during the period of performance of this contract. Any revisions to the plan must be approved by the contracting officer or delegated contracting officer's representative. (c) Content. (i) The Contractor's plan for monitoring, including any existing systems or processes for monitoring progress, any Standard Foreign Assistance Indicators as agreed upon by the contracting officer or delegated contracting officer's representative, any other USAID required indicators, and other relevant performance indicators of the contract's outputs and outcomes, their baseline (or plan for collecting baseline), and targets; and (ii) The Contractor's plan for regular and systematic collection of feedback from beneficiaries, responding to feedback received, and reporting to USAID a summary of feedback and actions taken in response to the feedback received, or a rationale for why collecting feedback from beneficiaries is not applicable for this contract. (2) The Contractor's proposed AMELP must be appropriate to the size and complexity of the contract and address the following, as applicable: (i) Plans for monitoring context and emerging risks that could affect the achievement of the contract's results; (ii) Plans for any evaluations to be conducted by the contractor, sub-contractor or third-party, including collaboration with an external evaluator; (iii) Learning activities, including plans for capturing knowledge at the close-out of the contract; (iv) Estimated resources for the AMELP tasks that are a part of the contract's budget; and (v) Roles and responsibilities for all proposed AMELP tasks. [End of clause] [89 FR 37963, May 6, 2024] 752.245-70 Government property—USAID reporting requirements. USAID contracts, except those for commercial items, must contain the following preface and reporting requirement as additions to the appropriate Government Property clause prescribed by (48 CFR) FAR 45.107, per a GAO audit recommendation. Preface: Government Property—USAID Reporting Requirements (OCT 2017) (a)(1) The term Government-furnished property, wherever it appears in the following clause, shall mean (i) non-expendable personal property owned by or leased to the U.S. Government and furnished to the contractor, and (ii) personal property furnished either prior to or during the performance of this contract by any U.S. Government accountable officer to the contractor for use in connection with performance of this contract and identified by such officer as accountable. All mobile Information Technology (IT) equipment, including but not limited to, mobile phones ( e.g. (2) The term Government property, wherever it appears in the following clause, shall mean Government-furnished property, Contractor acquired mobile IT equipment and non-expendable personal property title to which vests in the U.S. Government under this contract. (3) Non-expendable personal property, for purposes of this contract, is defined as personal property that is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and that has a unit cost of more than $500. (b) Reporting Requirement: Reporting Requirements: Annual Report of Government Property in Contractor's Custody [Name of Contractor as of (end of contract year), 20XX] Motor vehicles Furniture and furnishings— Other Office Living quarters A. Value of property as of last report B. Transactions during this reporting period 1. Acquisitions (add): a. Contractor acquired property 1 b. Government furnished 2 c. Transferred from others, without reimbursement 3 2. Disposals (deduct): a. Returned to USAID b. Transferred to USAID—Contractor purchased c. Transferred to other Government agencies 3 d. Other disposals 3 C. Value of property as of reporting date D. Estimated average age of contractor held property Years Years Years Years 1 2 3 Property Inventory Verification I attest that (1) physical inventories of Government property are taken not less frequently than annually; (2) the accountability records maintained for Government property in our possession are in agreement with such inventories; and (3) the total of the detailed accountability records maintained agrees with the property value shown opposite line C above, and the estimated average age of each category of property is as cited opposite line D above. Authorized Signature Name Title Date (End of clause) [83 FR 9713, Mar. 7, 2018] 752.245-71 Title to and care of property. As prescribed in paragraph (a) of (48 CFR) AIDAR 745.107, the following clause must be inserted in all contracts when the contractor will acquire property under the contract for use overseas and the contract funds were obligated under a Development Objective Agreement (DOAG) (or similar bilateral obligating agreement) with the cooperating country. Title to and Care of Property (APR 1984) (a) Title to all non-expendable property purchased with contract funds under this contract and used in the Cooperating Country, shall at all times be in the name of the Cooperating Government, or such public or private agency as the Cooperating Government may designate, unless title to specified types or classes of non-expendable property is reserved to USAID under provisions set forth in the schedule of this contract; but all such property shall be under the custody and control of Contractor until the owner of title directs otherwise, or completion of work under this contract or its termination, at which time custody and control shall be turned over to the owner of title or disposed of in accordance with its instructions. All performance guaranties and warranties obtained from suppliers shall be taken in the name of the title owner. (Non-expendable property is property which is complete in itself, does not lose its identity or become a component part of another article when put into use; is durable, with an expected service life of two years or more; and which has a unit cost of $500 of more.) (b) Contractor shall prepare and establish a program, to be approved by the Mission, for the receipt, use, maintenance, protection, custody, and care of non-expendable property for which it has custodial responsibility, including the establishment of reasonable controls to enforce such program. (c)(1) For non-expendable property to which title is reserved to the U.S. Government under provisions set forth in the schedule of this contract, Contractor shall submit an annual report on all non-expendable property under its custody as required in the clause of this contract entitled “Government Property”. (2) For non-expendable property titled to the Cooperating Government, the Contractor shall, within 90 days after completion of this contract, or at such other date as may be fixed by the contracting officer, submit an inventory schedule covering all items of non-expendable property under its custody, which have not been consumed in the performance of this contract. The Contractor shall also indicate what disposition has been made of such property. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 64 FR 5009, Feb. 2, 1999; 79 FR 74988, 75001, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.247-70 Preference for privately owned U.S.-flag commercial vessels. As prescribed in 747.507, insert the following clause: Preference for Privately Owned U.S.-Flag Commercial Vessels (OCT 1996) (a) Under the provisions of the Cargo Preference Act of 1954 (46 U.S.C. 55305)) at least 50 percent of the gross tonnage of equipment, materials, or commodities financed by USAID, or furnished without provision for reimbursement, or at least 50 percent of the gross tonnage of cargo moving under P.L. 480 financed by the U.S. Department of Agriculture, that may be transported in ocean vessels (computed separately for dry bulk carriers, dry cargo liners, and tankers) shall be transported in privately owned U.S.-flag commercial vessels. (b) In accordance with USAID regulations and consistent with the regulations of the Maritime Administration, USAID applies Cargo Preference requirements on the basis of program that generally include more than one contract. Thus, the amount of cargo fixed on privately owned U.S.-flag vessels under this contract may be more or less than the required 50 percent, depending on current compliance with Cargo Preference requirements. (c)(1) The contractor must submit one legible copy of a rated on-board ocean bill of lading for each shipment to both Office of Cargo and Commercial Sealift, Maritime Administration (MARAD), U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, and the U.S. Agency for International Development (USAID), Bureau for Management, Office of Acquisition and Assistance, 1300 Pennsylvania Ave. NW., SA-44, Room 859, Washington, DC 20523 as follows: (i) for PL 480 (Food aid shipments) scanned copies must be sent to: freightedbills@usaid.gov. (ii) For all Non P.L. 480 (Non Food Aid Shipments) scanned copies must be sent to: Oceantransportation@USAID.gov. (iii) For all shipments, scanned copies for MARAD must be sent to: Cargo.MARAD@DOT.gov. (2) The contractor shall furnish these bill of lading copies within 20 working days of the date of loading for shipments originating in the United States, or within 30 working days for shipments originating outside the United States. Each bill of lading copy shall contain the following information: (i) Sponsoring U.S. Government agency. (ii) Name of vessel. (iii) Vessel flag registry. (iv) Date of loading. (v) Port of loading. (vi) Port of final discharge. (vii) Description of commodity. (viii) Gross weight in kilograms/pounds and volume in liters/cubic feet, if available. (ix) Total ocean freight revenue in U.S. dollars. (End of clause) [64 FR 5009, Feb. 2, 1999, as amended at 72 FR 19670, Apr. 19, 2007; 79 FR 75001, Dec. 16, 2014; 81 FR 47047, July 20, 2016; 89 FR 4209, Jan. 23, 2024] 752.252-1 AIDAR solicitation provisions incorporated by reference In accordance with 752.107(a), insert the following clause. AIDAR Solicitation Provisions Incorporated By Reference (MAR 2015) This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of all AIDAR solicitation provisions is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7. (End of clause) [79 FR 75001, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.252-2 AIDAR clauses incorporated by reference In accordance with 752.107(b), insert the following clause. AIDAR Clauses Incorporated By Reference (MAR 2015) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of all AIDAR solicitation provisions and contract clause is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7. (End of clause) [79 FR 75001, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.252-70 Provisions and clauses to be completed by the offeror. In accordance with 752.107(c), insert the following clause. Provisions and Clauses To Be Completed by the Offeror (MAR 2015) The following FAR and AIDAR provisions or clauses incorporated by reference in this solicitation or contract must be completed by the offeror or prospective contactor and submitted with the quotation or offer: NUMBER TITLE DATE AIDAR (48 CFR chapter 7) [The contracting officer must list all FAR and AIDAR provisions or clauses incorporated by reference that must be completed by the offeror or prospective contactor and submitted with the quotation or offer.] (End of clause) [79 FR 75001, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] Subpart 752.70—Texts of USAID Contract Clauses 752.7000 Scope of subpart. Subpart 752.70 contains the text of USAID-specific contract clauses for which there is no (48 CFR) FAR equivalent. The clauses in this subpart do not apply to contracts for personal services. For personal service contract clauses see (48 CFR) AIDAR Appendix D—Direct USAID Contracts with U.S. Citizens or U.S. Residents for Personal Services Abroad and (48 CFR) AIDAR Appendix J—Direct USAID Contracts with Cooperating Country Nationals and with Third Country Nationals for Personal Services Abroad. [49 FR 13259, Apr. 3, 1984, as amended at 57 FR 5237, Feb. 13, 1992; 79 FR 74988, Dec. 16, 2014] 752.7001 Biographical data. The following clause is to be inserted in all USAID cost reimbursement contracts. Biographical Data (JUL 1997) The Contractor agrees to furnish to the contracting officer on USAID Form 1420-17, “Contractor Employee Biographical Data Sheet”, biographical information on the following individuals to be employed in the performance of the contract: (1) All individuals to be sent outside the United States, or (2) any employees designated as “key personnel”. Biographical data in the form usually maintained by the Contractor on the other individuals employed under the contract shall be available for review by USAID at the Contractor's headquarters. A supply of USAID Form 1420-17 will be provided with this contract. The Contractor may reproduce additional copies as necessary. (End of clause) [62 FR 40470, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 62 FR 47532, Sept. 9, 1997; 79 FR 74988, 75001, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7002 Travel and transportation. For use in cost reimbursement contracts performed in whole or in part overseas. Travel and Transportation (JAN 1990) (a) General. (b) International travel. (c) Local travel. (d) Travel for consultation. (e) Special international travel and third country travel. (i) The travel cost of travelers other than between the United States and the Cooperating Country and for local travel within other countries and (ii) Travel allowance for travelers while in travel status and while performing services hereunder in such other countries at rates not in excess of those prescribed by the Standardized Regulations. (f) Indirect travel for personal convenience. (g) Limitation on travel by dependents. (h) Delays en route. (i) Travel by privately owned automobile. (j) Emergency and irregular travel and transportation. (1) The costs of going from post of duty in the Cooperating Country to the employee's permanent, legal place of residence at the time he or she was employed for work under this contract or other location for Contractor employees and dependents and returning to the post of duty, when the Contractor's Chief of Party, with the concurrence of the Contracting Officer or Mission Director makes a written determination that such travel is necessary for one of the reasons specified in subparagraphs (j)(1) (i) and (ii) of this section. A copy of the written determination shall be furnished to the contracting officer. (i) Need for medical care beyond that available within the area to which the employee is assigned, or serious effect on physical or mental health if residence is continued at assigned post of duty, subject in either case, to the limitations stated in the clause of this contract entitled “Personnel—Physical Fitness of Employee and Dependents.” The Mission Director may authorize a medical attendant to accompany the employee at contract expense if, based on medical opinion, such an attendant is necessary. (ii) Death, or serious illness or injury of a member of the immediate family of the employee or the immediate family of the employee's spouse. (2) When, for any reason, the Mission Director determines it is necessary to evacuate the Contractor's entire team (employees and dependents) or Contractor dependents only, the Contractor will be reimbursed for travel and transportation expenses and travel allowance while en route, for the cost of the individuals going from post of duty in the Cooperating Country to the employee's permanent, legal place of residence at the time he or she was employed for work under this contract or other approved location. The return of such employees and dependents may also be authorized by the Mission Director when, in his/her discretion, he/she determines it is prudent to do so. (3) The Mission Director may also authorize emergency or irregular travel and transportation in other situations, when in his/her opinion, the circumstances warrant such action. The authorization shall include the kind of leave to be used and appropriate restrictions as to time away from post, transportation of personal and/or household effects, etc. Requests for such emergency travel shall be submitted through the Contractor's Chief of Party. (k) Home leave travel. (l) Rest and recuperation travel. (m) Transportation of motor vehicles, personal effects and household goods. (2) If a regular employee does not complete one full year at post of duty (except for reasons beyond his/her control), the costs for transportation of vehicles, effects and goods to and from the post of duty are not reimbursable hereunder. If the employee serves more than one year but less than the required service in the Cooperating Country (except for reasons beyond his/her control) the costs for transportation of vehicles, effects and goods to the post of duty are reimbursable hereunder but the costs for transportation of vehicles, effects and goods from post of duty to the employee's permanent, legal place of residence at the time he or she was employed for work under this contract or other location as approved by the contracting officer are not reimbursable under this contract. (3) The cost of transporting motor vehicles and household goods shall not exceed the cost of packing, crating and transportation by surface. In the event that the carrier does not require boxing or crating of motor vehicles for shipment to the Cooperating Country, the cost of boxing or crating is not reimbursable. The transportation of a privately-owned motor vehicle for a regular employee may be authorized by the Contractor as replacement of the last such motor vehicle shipped under this contract for the employee when the Mission Director or his/her designee determines in advance and so notifies the Contractor in writing that the replacement is necessary for reasons not due to the negligence or malfeasance of the regular employee. The determination shall be made under the same rules and regulations that apply to Mission employees. (n) Unaccompanied baggage. This unaccompanied baggage may be shipped as air freight by the most direct route between authorized points of origin and destination regardless of the modes of travel used. This provision is applicable to home leave travel and to short-term employees when these are authorized by the terms of this contract. (o) Storage of household effects. (p) International ocean transportation. (i) Transportation of goods. Where U.S. flag vessels are not available, or their use would result in a significant delay, the Contractor must contact the U.S. Agency for International Development (USAID), Bureau for Management, Office of Acquisition and Assistance, Transportation Division (M/OAA/T) for required guidance and may obtain a release from this requirement from M/OAA/T. The contact email address for these matters is Oceantransportation@USAID.gov. (ii) Transportation of persons. (2) Transportation of foreign-made vehicles. (3) Reduced rates on U.S. flag carriers. (End of clause) [55 FR 6803, Feb. 27, 1990, as amended at 56 FR 2699, Jan. 24, 1991; 72 FR 19670, Apr. 19, 2007; 79 FR 74988, 75001, Dec. 16, 2014] 752.7003 Documentation for payment. The following clause is required in all USAID direct contracts, excluding fixed price contracts: Documentation for Payment (NOV 1998) (a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The contracting officer's representative (CTO) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034—Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered. (1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements: Total Expenditures [Document Number: XXX-X-XX-XXXX-XX] Line item No. Description Amt. vouchered to date Amt. vouchered this period 001 Product/Service Desc. for Line Item 001 $XXXX.XX $ XXXX.XX 002 Product/Service Desc. for Line Item 002 XXXX.XX XXXX.XX Total XXXX.XX XXXX.XX (2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor: The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required contracting officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract. BY: TITLE: DATE: (b) Local currency payment. (c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract. (d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled “Audit and Records—Negotiation”. (End of clause) [53 FR 6829, Mar. 3, 1988, as amended at 64 FR 5009, Feb. 2, 1999; 79 FR 74988, 75001, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7004 Emergency locator information. The following clause is to be inserted in all contracts requiring travel overseas. Emergency Locator Information (JUL 1997) The Contractor agrees to provide the following information to the Mission Administrative Officer on or before the arrival in the host country of every contract employee or dependent: (1) The individual's full name, home address, and telephone number. (2) The name and number of the contract, and whether the individual is an employee or dependent. (3) The contractor's name, home office address, and telephone number, including any after-hours emergency number(s), and the name of the contractor's home office staff member having administrative responsibility for the contract. (4) The name, address, and telephone number(s) of each individual's next of kin. (5) Any special instructions pertaining to emergency situations such as power of attorney designees or alternate contact persons. (End of clause) [62 FR 40470, July 29, 1997; 62 FR 45334, Aug. 27, 1997, as amended at 79 FR 75001, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7005 [Reserved] 752.7006 Notices. The following clause shall be used in all USAID contracts. Notices (APR 1984) Any notice given by any of the parties hereunder shall be sufficient only if in writing and delivered in person or sent by telegraph, cable, or registered or regular mail as follows: To USAID: To Contractor: (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 2699, Jan. 24, 1991; 61 FR 39095, July 26, 1996 ; 79 FR 75002, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7007 Personnel compensation. The following clause shall be used in all USAID cost-reimbursement contracts. Personnel Compensation (JUL 2007) (a) Direct compensation of the Contractor's personnel will be in accordance with the Contractor's established policies, procedures, and practices, and the cost principles applicable to this contract. (b) Reimbursement of the employee's base annual salary plus overseas recruitment incentive, if any, which exceed the USAID Contractor Salary Threshold (USAID CST) stated in USAID Automated Directives System (ADS) Chapter 302 USAID Direct Contracting, must be approved in writing by the contracting officer, as prescribed in 731.205-6(b) or 731.371(b), as applicable. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33669, Aug. 24, 1984; 61 FR 39095, July 26, 1996; 62 FR 40470, July 29, 1997; 72 FR 19669, Apr. 19, 2007; 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7008 Use of Government facilities or personnel. The following clause is for use in all USAID non-commercial contracts. Use of Government Facilities or Personnel (APR 1984) (a) The Contractor and any employee or consultant of the Contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the contract, unless the use of Government facilities or personnel is specifically authorized in the contract, or is authorized in advance, in writing, by the contracting officer. (b) If at any time it is determined that the Contractor, or any of its employees or consultants have used U.S. Government facilities or personnel without authorization either in the contract itself, or in advance, in writing, by the contracting officer, then the amount payable under the contract shall be reduced by an amount equal to the value of the U.S. Government facilities or personnel used by the Contractor, as determined by the contracting officer. (c) If the parties fail to agree on an adjustment made pursuant to this clause, it shall be considered a dispute, and shall be dealt with under the terms of the clause of this contract entitled “Disputes”. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7009 Marking. The following clause is for use in all USAID contracts performed in whole or in part overseas. Marking (JAN 1993) (a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semifinished products which are not packaged. (b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located. (c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors. (d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the contracting officer; the original should be retained by the Contractor. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 58 FR 8703, Feb. 17, 1993; 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7010 Conversion of U.S. dollars to local currency. For use in all USAID non-commercial contracts involving performance overseas. Conversion of U.S. Dollars to Local Currency (APR 1984) Upon arrival in the Cooperation Country, and from time to time as appropriate, the Contractor's Chief of Party shall consult with the Mission Director who shall provide, in writing, the procedure the Contractor and its employees shall follow in the conversion of United States dollars to local currency. This may include, but is not limited to, the conversion of said currency through the cognizant U.S. Disbursing Officer or Mission Controller, as appropriate. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 62 FR 40470, July 29, 1997; 89 FR 4209, Jan. 23, 2024] 752.7011 Orientation and language training. For use in all USAID cost-reimbursement contracts involving performance overseas. Orientation and Language Training (APR 1984) (a) Regular employees shall receive a maximum of 2 weeks USAID sponsored orientation before travel overseas. The dates of orientation shall be selected by the Contractor from the orientation schedule provided by USAID. (b) Participation in USAID sponsored orientation in no way relieves the Contractor of its responsibility for assuring that all employees, regular and short-term, are properly oriented. As an addition to or substitution for USAID's sponsored orientation for regular employees, the following types of orientation may be authorized taking into consideration specific job requirements, the employee's prior overseas experience, or unusual circumstances. (1) Modified orientation. (2) Language training, particularly when significant for operating capabilities. (3) Orientation and language training for regular employee's dependents. (4) Contractor-sponsored orientation. (5) Orientation in all matters related to the administrative, logistical, and technical aspects of the employee's movement to, and tour of duty in, the Cooperating Country. (c) Authorization for an additional or alternate orientation program, if any, shall be either set forth in the schedule or provided in writing by the contracting officer. (d) Travel expenses not to exceed one round trip from regular employee's residence to place of orientation and return will be reimbursed, pursuant to the cost principles applicable to this contract. Allowable salary costs during the period of orientation are also reimbursable. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7012 Protection of the individual as a research subject. This clause is for use in any USAID contract which involves research using human subjects. Protection of the Individual as a Research Subject (AUG 1995) (a) Safeguarding the rights and welfare of human subjects in research conducted under a USAID contract is the responsibility of the contractor. USAID has adopted the Common Federal Policy for the Protection of Human Subjects. USAID's Policy is found in Part 225 of Title 22 of the Code of Federal Regulations (the “Policy”). Additional interpretation, procedures, and implementation guidance of the Policy are found in USAID General Notice entitled “Procedures for the Protection of Human Subjects in Research Supported by USAID”, issued April 19, 1995, as from time to time amended (a copy of which is attached to this contract). USAID's Cognizant Human Subjects Officer (CHSO) and USAID/W has oversight, guidance, and interpretation responsibility for the Policy. (b) Contractors must comply with the Policy when humans are the subject of research, as defined in 22 CFR 225.102(d), performed as part of the contract, and contractors must provide “assurance”, as required by 22 CFR 225.103, that they follow and abide by the procedures in the Policy. See also Section 5 of the April 19, 1995, USAID General Notice which sets forth activities to which the Policy is applicable. The existence of a bona fide, applicable assurance approved by the Department of Health and Human Services (HHS) such as the “multiple project assurance” (MPA) will satisfy this requirement. Alternatively, contractors can provide an acceptable written assurance to USAID as described in 22 CFR 225.103. Such assurances must be determined by the CHSO to be acceptable prior to any applicable research being initiated or conducted under the contract. In some limited instances outside the U.S., alternative systems for the protection of human subjects may be used provided they are deemed “at least equivalent” to those outlined in part 225 (see 22 CFR 225.101(h)). Criteria and procedures for making this determination are described in the General Notice cited in the preceding paragraph. (c) Since the welfare of the research subject is a matter of concern to USAID as well as to the contractor, USAID staff, consultants and advisory groups may independently review and inspect research, and research processes and procedures involving human subjects, and based on such findings, the CHSO may prohibit research which presents unacceptable hazards or otherwise fails to comply with USAID procedures. Informed consent documents must include the stipulation that the subject's records may be subject to such review. (End of clause) [61 FR 39095, July 26, 1996, as amended at 89 FR 4209, Jan. 23, 2024] 752.7013 Contractor-mission relationships. For use in all USAID contracts involving performance overseas. Note that paragraph (f) of this clause is applicable only in contracts with an educational institution. Contractor-Mission Relationships (OCT 1989) (a) The Contractor acknowledges that this contract is an important part of the United States Foreign Assistance Program and agrees that its operations and those of its employees in the Cooperating Country will be carried out in such a manner as to be fully commensurate with the responsibility which this entails. (b) The Mission Director is the chief representative of USAID in the Cooperating Country. In this capacity, he/she is responsible for both the total USAID program in the cooperating country including certain administrative responsibilities set forth in this contract, and for advising USAID regarding the performance of the work under the contract and its effect on the United States Foreign Assistance Program. Although the Contractor will be responsible for all professional, technical, and administrative details of the work called for by the contract, it shall be under the guidance of the Mission Director in matters relating to foreign policy. The Chief of Party shall keep the Mission Director currently informed of the progress of the work under the contract. (c) In the event the conduct of any Contractor employee is not in accordance with the preceding paragraphs, the Contractor's Chief of Party shall consult with the Mission Director and the employee involved and shall recommend to the Contractor a course of action with regard to such employee. (d) The parties recognize the right of the U.S. Ambassador to direct the removal from a country of any U.S. citizen or the discharge from this contract of any third-country national or cooperating-country national when, at the discretion of the Ambassador, the interests of the United States so require. Under these circumstances termination of an employee and replacement by an acceptable substitute shall be at no cost to USAID. (e) If it is determined that the services of such employee shall be terminated, the Contractor shall use its best efforts to cause the return of such employee to the United States or point of origin as appropriate. [The following paragraph (f) is applicable if the contract is with an educational institution:] (f) It is understood by the parties that the Contractor's responsibilities shall not be restrictive of academic freedom. Notwithstanding these academic freedoms, the Contractor's employees, while in the Cooperating Country, are expected to show respect for its conventions, customs, and institutions, to abide by applicable laws and regulations, and not to interfere in its internal political affairs. (End of clause) [54 FR 46391, Nov. 3, 1989] 752.7014 Notice of changes in travel regulations. The following clause is for use in cost-reimbursement contracts involving work overseas. Notice of Changes in Travel Regulations (JAN 1990) (a) Changes in travel, differential, and allowance regulations shall be effective on the beginning of the Contractor's next pay period following the effective date of the change as published in the applicable travel regulations (the Department of State Standardized Regulations, Foreign Service Travel Regulations). (b)(1) Department of State Standardized Regulations are available at: http://aoprals.state.gov/content.asp?content_id=231&menu_id=92. (2)Foreign Service Travel Regulations are available at: 14 FAM 500: http://www.state.gov/m/a/dir/regs/fam/14fam/500/index.htm. (3) Federal Travel Regulations are available at: http://www.gsa.gov/portal/content/104790?utm_source=OGP&utm_medium=print-radio&utm_term=ftr&utm_campaign=shortcut. (c) Information regarding these regulations as referenced in the “Travel and Transportation” clause of this contract may be obtained from the contracting officer. (End of clause) [55 FR 6805, Feb. 27, 1990, as amended at 79 FR 75002, Dec. 16, 2014] 752.7015 Use of pouch facilities. For use in all USAID non-commercial contracts exceeding the simplified acquisition threshold and involving performance overseas. Use of Pouch Facilities (JUL 1997) (a) Use of diplomatic pouch is controlled by the Department of State. The Department of State has authorized the use of pouch facilities for USAID contractors and their employees as a general policy, as detailed in paragraphs (a)(1) through (a)(7) of this clause; however, the final decision regarding use of pouch facilities rests with the Embassy or USAID Mission. In consideration of the use of pouch facilities as hereinafter stated, the Contractor and its employees agree to indemnify and hold harmless the Department of State and USAID against loss or damage occurring in pouch transmission. (1) Contractors and their employees are authorized use of the pouch for transmission and receipt of up to a maximum of 0.9 kilogram/2 pounds per shipment of correspondence and documents needed in the administration of foreign assistance programs. (2) U.S. citizen employees of U.S. contractors are authorized use of the pouch for personal mail up to a maximum of 0.5 kilogram/one pound per shipment (but see paragraph (a)(3) of this section). (3) Merchandise, parcels, magazines, or newspapers are not considered to be personal mail for purposes of this clause, and are not authorized to be sent or received by pouch. (4) Official mail as authorized by paragraph (a)(1) of this clause should be addressed as follows: Individual or Organization name, followed by the symbol “C”, city Name of Post, U.S. Agency for International Development, Washington, DC 20523-0001. (5) Personal mail pursuant to paragraph (a)(2) of this clause should be sent to the address specified in paragraph (a)(4) of this clause, but without the name of the organization. (6) Mail sent via the diplomatic pouch may not be in violation of U.S. Postal laws and may not contain material ineligible for pouch transmission. (7) USAID contractor personnel are not authorized use of military postal facilities (APO/FPO). This is an Adjutant General's decision based on existing laws and regulations governing military postal facilities and is being enforced worldwide. Posts having access to APO/FPO facilities and using such for diplomatic pouch dispatch, may, however, accept official mail from Contractors and letter mail from their employees for the pouch, provided of course, adequate postage is affixed. (b) The Contractor shall be responsible for advising its employees of this authorization and these guidelines and limitations on use of pouch facilities. (c) Specific additional guidance on use of pouch facilities in accordance with this clause is available from the Post Communication Center at the Embassy or USAID Mission. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 2699, Jan. 24, 1991; 57 FR 5237, Feb. 13, 1992; 62 FR 40471, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 79 FR 75002, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7016-752.7024 [Reserved] 752.7025 Approvals. For use in all USAID contracts. Approvals (APR 1984) All approvals required to be given under the contract by the contracting officer or the Mission Director shall be in writing and, except when extraordinary circumstances make it impracticable, shall be requested by the Contractor sufficiently in advance of the contemplated action to permit approval, disapproval or other disposition prior to that action. If, because of existing conditions, it is impossible to obtain prior written approval, the approving official may, at his discretion, ratify the action after the fact. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 79 FR 74988, Dec. 16, 2014; 89 FR 4209, Jan. 23, 2024] 752.7026 [Reserved] 752.7027 Personnel. For use in all USAID services contracts involving performance overseas. Note that paragraphs (f) and (g) of this clause are for use only in cost reimbursement contracts. Personnel (DEC 1990) (a) Clearance. Individuals engaged or assigned within the United States. (2) Individuals engaged or assigned when outside the United States. (b) Physical fitness of employees and dependents. (c) Conformity to laws and regulations of Cooperating Country. (d) Importation or sale of personal property or automobiles. (e) Economic and financial activities. [The following paragraphs (f) and (g) are applicable only to cost reimbursement contracts.] (f) Duration of appointments. (i) An appointment may be made for less than 2 years if the contract has less than 2 years but more than 1 year to run provided that if the contract is extended the appointment shall also be extended to the full 2 years. This provision shall be reflected in the employment agreement prior to employment under this contract. (ii) When a 2-year appointment is not required, appointment may be made for less than 2 years but in no event less than 1 year. (iii) When the normal tour of duty established for USAID personnel at a particular post is less than 2 years, then a normal appointment under this contract may be of the same duration. (iv) When the contractor is unable to make appointments of regular employees for a full 2 years, the contractor may make appointments of less than 2 but not less than 1 year, provided that such appointment is approved by the contracting officer. (2) Services required for less than 1 year will be considered short-term appointments and the employee will be considered a short-term employee. (g) Employment of dependents. (End of clause) [56 FR 7587, Feb. 25, 1991, as amended at 62 FR 40471, July 29, 1997; 79 FR 74988, Dec. 16, 2014] 752.7028 Differentials and Allowances. The following clause is for use in all USAID cost reimbursement contracts performed in whole or in part overseas. Differentials and Allowances (MAY 2024) The differentials and allowances authorized in this clause apply only to U.S. employees. Any reimbursement of differentials or allowances to TCN or CCN employees under this contract is limited to separate and specific authorization(s) for identified differentials or allowances which are granted by the cognizant Assistant Administrator or Mission Director pursuant to 722.170, or by the Mission Director in conjunction with an authorized evacuation as provided in paragraph (i). A copy of such authorization shall be retained and made available as part of the contractor's records which are required to be preserved and made available by the “Examination of Records by the Comptroller General” and “Audit” clauses of this contract. (a) Post hardship differential. (b) Living quarters allowance. (c) Temporary quarters subsistence allowance. (d) Post allowance. (e) Supplemental post allowance. (f) Educational allowance. (g) Educational travel. (h) Separate maintenance allowance. (i) Payments during evacuation. (j) Danger pay allowance. (2) Danger pay is an allowance that provides additional compensation above basic compensation to an employee in a foreign area where civil insurrection, civil war, terrorism or wartime conditions threaten physical harm or imminent danger to the health or well-being of the employee. The danger pay allowance is in lieu of that part of the post differential which is attributable to political violence. Consequently, the post differential may be reduced while danger pay is in effect to avoid dual crediting for political violence. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 51 FR 11450, Apr. 3, 1986; 53 FR 50632, Dec. 16, 1988; 61 FR 39096, July 26, 1996; 61 FR 51235, Oct. 1, 1996; 79 FR 75002, Dec. 16, 2014; 89 FR 4208, Jan. 23, 2024] 752.7029 Post privileges. For use in all USAID non-commercial contracts involving performance overseas. Post Privileges (JUL 1993) (a) Routine health room services may be available, subject to post policy, to U.S. citizen contractors and their authorized dependents (regardless of citizenship) at the post of duty. These services do not include hospitalization, or predeparture or end of tour medical examinations. The services normally include such medications as may be available, immunizations and preventive health measures, diagnostic examinations and advice, and home visits as medically indicated. Emergency medical treatment is provided to U.S. citizen employees and dependents, whether or not they may have been granted access to routine health room services, on the same basis as it would be to any U.S. citizen in an emergency medical situation in the country. (b) Privileges such as the use of APO, PX's, commissaries, and officer's clubs are established at posts abroad pursuant to agreements between the U.S. and Cooperating Governments. These facilities are intended for and usually limited to members of the official U.S. establishment including the Embassy, USAID Mission, U.S. Information Service, and the Military. Normally, the agreements do not permit these facilities to be made available to nonofficial Americans. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 56 FR 7587, Feb. 25, 1991; 58 FR 58596, Nov. 2, 1993; 62 FR 40471, July 29, 1997; 89 FR 4209, Jan. 23, 2024] 752.7030 Inspection trips by contractor's officers and executives. For use in cost reimbursement contracts with an educational institution involving performance overseas. Inspection Trips by Contractor's Officers and Executives (APR 1984) Provided it is approved by the Mission Director, the Contractor may send the Campus Coordinator, a professional member of its staff as an alternate to the Campus Coordinator, or such of its senior officials (e.g., president, vice presidents, deans, or department heads) to the Cooperating Country as may be required to review the progress of the work under this contract. Except for the Campus Coordinator or his/her alternate, no direct salary charges will be paid hereunder with respect to any such officials. (End of clause) [49 FR 13259, Apr. 3, 1984, as amended at 89 FR 4209, Jan. 23, 2024] 752.7031 Leave and holidays. For use in all USAID cost-reimbursement contracts for technical or professional services. Leave and Holidays (OCT 1989) (a) Vacation leave. For regular employees during their tour of duty in the Cooperating Country, vacation leave is provided under this contract primarily for purposes of affording necessary rest and recreation. The Contractor's Chief of Party, the employee and the Cooperating Country institution associated with this project shall develop vacation leave schedules early in the employee's tour of duty taking into consideration project requirements, employee preference and other factors. (2) Leave taken during the concluding weeks of an employee's tour shall be included in the established leave schedule and be limited to that amount of leave which can be earned during a twelve-month period unless approved in accordance with paragraph (a)(3) of this clause. (3) Vacation leave earned but not taken by the end of the employee's tour pursuant to paragraphs (a) (1) and (2) of this clause will be forfeited unless the requirements of the project precluded the employee from taking such leave, and the contracting officer (with the endorsement of the Mission) approves one of the following as an alternative: (i) Taking, during the concluding weeks of the employee's tour, leave not permitted under (a)(2) of this section, or (ii) Lump-sum payment for leave not taken provided such leave does not exceed the number of days which can be earned by the employee during a twelve-month period. (b) Sick Leave. (c) Home leave. (2) A regular employee who is a U.S. citizen or resident and has served at least 2 years overseas, as defined in paragraph (c)(4) of this clause, under this contract and has not taken more than 30 workdays leave (vacation, sick, or leave without pay) in the United States, may be granted home leave of not more than 15 workdays for each such year of service overseas, provided that such regular employee agrees to return overseas upon completion of home leave under an additional 2 year appointment, or for a shorter period of not less than 1 year of overseas service under the contract if the Mission Director has approved in advance. Home leave must be taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States; any days spent elsewhere will be charged to vacation leave or leave without pay. (3) Notwithstanding the requirement in paragraph (c)(2), of this clause, that the Contractor's regular employee must have served 2 years overseas under this contract to be eligible for home leave, Contractor may grant advance home leave to such regular employee subject to all of the following conditions: (i) Granting of advance home leave would in each case serve to advance the attainment of the objectives of this contract; (ii) The regular employee shall have served a minimum of 18 months in the Cooperating Country on his/her current tour of duty under this contract; and (iii) The regular employee shall have agreed to return to the Cooperating Country to serve out the remainder of his/her current tour of duty and an additional 2 year appointment under this contract, or such other additional appointment of not less than 1 year of overseas service as the Mission Director may approve. (4) The period of service overseas required under paragraph (c)(2) or paragraph (c)(3) of this clause shall include the actual days spent in orientation in the United States (less language training) and the actual days overseas beginning on the date of departure from the United States port of embarkation on international travel and continuing, inclusive of authorized delays en route, to the date of arrival at the United States port of debarkation from international travel. Allowable vacation and sick leave taken while overseas, but not leave without pay, shall be included in the required period of service overseas. An amount equal to the number of days vacation and sick leave taken in the United States, the Commonwealth of Puerto Rico, or the possessions of the United States will be added to the required period of service overseas. (5) Salary during travel to and from the United States for home leave will be limited to the time required for travel by the most expeditious air route. The Contractor will be responsible for reimbursing USAID for salary payments made during home leave if in spite of the undertaking of the new appointment the regular employee, except for reasons beyond his/her control as determined by the contracting officer, does not return overseas and complete the additional required service. Unused home leave is not reimbursable under this contract. (6) To the extent deemed necessary by the Contractor, regular employees in the United States on home leave may be authorized to spend not more than 5 days in work status for consultation at home office/campus or at USAID/Washington before returning to their post of duty. Consultation at locations other than USAID/Washington or home office/campus, as well as any time in excess of 5 days spent for consultation, must be approved by the Mission Director or the contracting officer. (7) Except as provided in the schedule or approved by the Mission Director or the contracting officer, home leave is not authorized for TCN or CCN employees. (d) Holidays. (e) Military leave. (f) Leave Records. (End of clause) [54 FR 46392, Nov. 3, 1989, as amended at 56 FR 2699, Jan. 24, 1991; 79 FR 74988, Dec. 16, 2014] 752.7032 International travel approval and notification requirements (APR 2014). For use in any USAID contract requiring international travel. International Travel Approval and Notification Requirements (APR 2014) Prior written approval by the contracting officer, or the contracting officer's representative (COR) if delegated in the Contracting Officer's Representative Designation Letter, is required for all international travel directly and identifiably funded by USAID under this contract. The Contractor must therefore present to the contracting officer or the contracting officer's representative, an itinerary for each planned international trip, showing the name of the traveler, purpose of the trip, origin/destination (and intervening stops), and dates of travel, as far in advance of the proposed travel as possible, but in no event less than three weeks before travel is planned to commence. The contracting officer's or contracting officer's representative's (if delegated by the contracting officer) prior written approval may be in the form of a letter or telegram or similar device or may be specifically incorporated into the schedule of the contract. At least one week prior to commencement of approved international travel, the Contractor must notify the cognizant Mission, with a copy to the contracting officer or contracting officer's representative, of planned travel, identifying the travelers and the dates and times of arrival. (End of clause) [79 FR 75002, Dec. 16, 2014, as amended at 89 FR 4209, Jan. 23, 2024] 752.7033 Physical fitness. For use in all USAID contracts involving performance overseas. Physical Fitness (JUL 1997) (The requirements of this provision do not apply to employees hired in the Cooperating Country or to authorized dependents who were already in the Cooperating Country when their sponsoring employee was hired.) (a) Assignments of less than 60 days in the Cooperating Country. (b) Assignments of 60 days or more in the Cooperating Country. (2) (The following information is provided for two purposes: To assist fixed price offerors to develop their price proposal, and to provide cost reimbursement contractors with guidance in determining reasonable and allowable costs.) As a contribution to the cost of medical examinations, USAID shall reimburse the contractor for the physical examination authorized in paragraph (a) of this section in an amount not to exceed $100 for the physical examination, plus reimbursement of charges for immunizations to the extent not covered by the contractor's health insurance policy. For physical examinations authorized in paragraph (b)(1) above, the USAID contribution to the cost of the examination shall be as follows: (i) For the employee and authorized dependents 12 years of age and over, one half of the cost of each examination up to a maximum USAID share of $300 per individual, plus reimbursement of charges for immunizations to the extent not covered by the contractor's health insurance policy. (ii) For authorized dependents under 12 years of age, one half of the cost of each examination up to a maximum USAID share of $120 per individual, plus reimbursement of charges for immunizations to the extent not covered by the contractor's health insurance policy. (iii) The contractor must obtain the prior written approval of the contracting officer to receive any USAID contributions higher than these limits. (End of clause) [56 FR 7588, Feb. 25, 1991, as amended at 58 FR 58596, Nov. 2, 1993; 62 FR 40471, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 79 FR 74988, 75003, Dec. 16, 2014] 752.7034 Acknowledgement and disclaimer. For use in any USAID contract which funds or partially funds publications, videos, or other information/media products. Acknowledgement and Disclaimer (DEC 1991) (a) USAID shall be prominently acknowledged in all publications, videos or other information/media products funded or partially funded through this contract, and the product shall state that the views expressed by the author(s) do not necessarily reflect those of USAID. Acknowledgements should identify the sponsoring USAID Office and Bureau or Mission as well as the U.S. Agency for International Development substantially as follows: “This (publication, video or other information/media product (specify)) was made possible through support provided by the Office of ______, Bureau for ______, U.S. Agency for International Development, under the terms of Contract No. ______. The opinions expressed herein are those of the author(s) and do not necessarily reflect the views of the U.S. Agency for International Development.” (b) Unless the contractor is instructed otherwise by the cognizant technical office, publications, videos or other information/media products funded under this contract and intended for general readership or other general use will be marked with the USAID logo and/or U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT appearing either at the top or at the bottom of the front cover or, if more suitable, on the first inside title page for printed products, and in equivalent/appropriate location in videos or other information/media products. Logos and markings of co-sponsors or authorizing institutions should be similarly located and of similar size and appearance. (End of clause) [57 FR 5237, Feb. 13, 1992] 752.7035 Public notices. The following clause is for use when the contracting officer's representative determines that the contract is of public interest, and that both the public and the Government would benefit from public notices concerning the contract, and requests that the contracting officer include the clause in the contract. Public Notices (DEC 1991) It is USAID's policy to inform the public as fully as possible of its programs and activities. The contractor is encouraged to give public notice of the receipt of this contract and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: “The U.S. Agency for International Development administers the U.S. foreign assistance program providing economic and humanitarian assistance in more than 80 countries worldwide.” The contractor may call on USAID's Legislative and Public Affairs (LPA) for advice regarding public Notices. The contractor is requested to provide copies of notices or announcements to the contracting officer's representative and to USAID's Legislative and Public Affairs (LPA) as far in advance of release as possible. (End of clause) [57 FR 5237, Feb. 13, 1992, as amended at 60 FR 11913, Mar. 3, 1995; 79 FR 74988, Dec. 16, 2014] 752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition. Insert the following clause in section I of all solicitations and resulting contracts, except for orders under indefinite delivery contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 8.4; and contracts and purchase orders awarded under the simplified acquisitions procedures of (48 CFR) FAR part 13. USAID Implementing Partner Notices (IPN) Portal FOR Acquisition (July 2014) (a) Definitions. “Universal” bilateral modification USAID Implementing Partner Notices (IPN) Portal for Acquisition (IPN Portal) https://sites.google.com/site/ipnforacquisitions/. IPN Portal Administrator (b) By submission of an offer and execution of a contract, the Offeror/Contractor acknowledges the requirement to: (1) Register with the IPN Portal if awarded a contract resulting from this solicitation; and (2) Receive universal bilateral modifications of this contract and general notices through the IPN Portal. (c) Procedure to register for notifications. https://sites.google.com/site/usaidipnforacquisitions/ (d) Processing of IPN portal modifications. (2) Within 15 calendar days from receipt of the notification email from the IPN Portal, the contractor must do one of the following: (i)(A) Verify applicability of the proposed modification to their award(s) per the instructions provided with each modification; (B) Download the modification and incorporate the following information on the SF30 form: contract number, organization name, and organization mailing address as it appears in the basic award; (C) Sign the hardcopy version; and (D) Send the signed modification (by email or hardcopy) to the contracting officer for signature; Note to paragraph (d)(2)(i): (ii) Notify the Contracting Officer in writing if the modification requires negotiation of the additional changes to terms and conditions of the contract; or (iii) Notify the contracting officer that the contractor declines to sign the modification. (3) Within 30 calendar days of receipt of a signed modification from the contractor, the contracting officer must provide the fully executed modification to the contractor or initiate discussions with the contractor. Bilateral modifications provided through the IPN Portal are not effective until both the contractor and the contracting officer sign the modification. (End of clause) [81 FR 48718, July 26, 2016] 752.7037 Child safeguarding standards. Insert the following clause in section I of all solicitations and contracts other than those for commercial items. Child Safeguarding Standards (AUG. 2016) (a) Implementation of activities under this award may involve children, or personnel engaged in the implementation of the award may come into contact with children, which could raise the risk of child abuse, exploitation, or neglect within this award. The contractor agrees to abide by the following child safeguarding core principles: (1) Ensure compliance with host country and local child welfare and protection legislation or international standards, whichever gives greater protection, and with U.S. law where applicable; (2) Prohibit all personnel from engaging in child abuse, exploitation, or neglect; (3) Consider child safeguarding in project planning and implementation to determine potential risks to children that are associated with project activities and operations; (4) Apply measures to reduce the risk of child abuse, exploitation, or neglect, including, but not limited to, limiting unsupervised interactions with children; prohibiting exposure to pornography; and complying with applicable laws, regulations, or customs regarding the photographing, filming, or other image-generating activities of children; (5) Promote child-safe screening procedures for personnel, particularly personnel whose work brings them in direct contact with children; and (6) Have a procedure for ensuring that personnel and others recognize child abuse, exploitation, or neglect; mandating that personnel and others report allegations; investigating and managing allegations; and taking appropriate action in response to such allegations, including, but not limited to, dismissal of personnel. (b) The contractor must also include in the code of conduct for all personnel implementing USAID-funded activities, the child safeguarding principles in paragraphs (a)(1) through (6) of this clause. (c) The following definitions apply for purposes of this clause: (1) Child. (2) Child abuse, exploitation, or neglect. (3) Emotional abuse or ill treatment. (4) Exploitation. (5) Neglect. (6) Physical abuse. (7) Sexual abuse. (d) The contractor must insert this clause in all subcontracts under this award. (End of clause) [81 FR 48718, July 26, 2016] 752.7038 Nondiscrimination against End-Users of Supplies or Services. The following clause must be inserted in section I of all solicitations and resulting contracts. Nondiscrimination Against End-Users of Supplies or Services (OCT 2016) (a) USAID policy requires that the contractor not discriminate against any end-user of the contract supplies or services ( i.e., (b) The Contractor must insert this clause, including this paragraph, in all subcontracts under this contract. (End of clause) [81 FR 73354, Oct. 25, 2016] Subpart 752.3-70—USAID Clause Matrices [Reserved]

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