USAID Direct Contracts for Personal Services, 6812-6833 [E7-2311]

Agencies

• Agency for International Development

[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Proposed Rules]
[Pages 6812-6833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2311]



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Part II





Agency for International Development





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48 CFR Chapter 7



USAID Direct Contracts for Personal Services; Proposed Rule

Federal Register / Vol. 72, No. 29 / Tuesday, February 13, 2007 / 
Proposed Rules

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AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Chapter 7

RIN 0412-AA49


USAID Direct Contracts for Personal Services

AGENCY: United States Agency for International Development.

ACTION: Proposed rule.

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SUMMARY: The U.S. Agency for International Development (USAID) is 
proposing to consolidate its regulations on USAID Direct Contracts for 
all types of Personal Services into one Appendix. This will clarify and 
consolidate all regulations for personal services contracts and will 
eliminate the need for having to refer to multiple sources. This new 
Appendix A will replace Appendix D--Direct USAID Contracts with a U.S. 
Citizen or a U.S. Resident Alien for Personal Services Abroad, and 
Appendix J--Direct USAID Contracts with a Cooperative Country National 
and with a Third Country National for Personal Services Abroad. 
Appendix A will also incorporate all the regulations and policies 
currently contained in Contract Information Bulletins (CIBs) and 
Acquisition and Assistance Directives (AAPDs). This will eliminate the 
need to refer to two different appendices and other sources for 
regulations and policies on personal services contracting.
    This Appendix will be divided into four parts--one part containing 
provisions for all types of Personal Services Contracts (PSCs), the 
second part for U.S. PSCs only, the third part for Third-Country 
National (TCN) PSCs only, and the fourth part for Cooperating Country 
National (CCN) PSCs, also known as Foreign Service National (FSN) PSCs 
only. The USPSC part will identify the provisions for U.S. nationals 
working in AID/W and those posted overseas. In addition, all non-
regulatory information such as procedures and guidance currently 
contained in Appendices D and J will be removed and incorporated into 
USAID's internal policy manual--the automated directives system (ADS). 
We believe this separation of regulations and policies from the 
procedures and guidance on personal services contracting will clarify 
and consolidate the regulatory requirements.

DATES: Submit comments on or before April 16, 2007.

ADDRESSES: Submit comments, identified by Title: ``USAID Direct 
Contracts for Personal Services'' and Regulatory Information Number 
``RIN 0412-AA49'' for this rulemaking. Please include your name, title, 
organization, postal address, telephone number, and e-mail address in 
the text of the message. Comments can be submitted using any of the 
following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: federalregistercomments@usaid.gov. Include title 
of the proposed action ``USAID Direct Contracts for Personal Services'' 
and ``RIN 0412-AA49'' in the subject line of the message.
     Fax: (202) 216-3395.
     Mail: USAID, Office of Acquisition & Assistance, Policy 
Division, RRB Room No. 7.9-18, 1300 Pennsylvania Avenue NW., 
Washington, DC 20523-0001.

FOR FURTHER INFORMATION CONTACT: Tom Henson, Telephone 202-712-5448, E-
mail: thenson@usaid.gov.

SUPPLEMENTARY INFORMATION: Public Participation: Because security 
screening precautions have slowed the delivery and dependability of 
surface mail to USAID/Washington, USAID recommends sending all comments 
to the Federal e-Rulemaking Portal, e-mail address, or fax number 
listed above (all comments must be in writing to be reviewed). You may 
submit comments by electronic mail as a Microsoft Word file, avoiding 
the use of any special characters and any form of encryption.
    All comments will be made available for public review without 
change, including any personal information provided, from three days 
after receipt to finalization of rule at https://www.regulations.gov.

A. Background

    Since the late 1990s, the Agency's regulations regarding personal 
services contracts--Appendices D and J--have not been updated to 
include changes in the processes and interpretations of the Appendices. 
Further, given the changing roles and responsibilities of the Agency, 
it is necessary to clarify and update USAID's policy and regulation for 
personal services contracts. The Proposed Rule consolidates Appendices 
D and J of the USAID Acquisition Regulations (the ``AIDAR'') into 
Appendix A, which was previously reserved. Appendix A standardizes the 
Agency's policies, rules, and regulations regarding personal services 
contracts, eliminates repetition between the two Appendices, updates 
the Agency's general provisions, and clarifies the Agency's processes 
and authorities for all Personal Services Contracts awarded by the 
Agency.
    Under this proposed rule, the Agency establishes a mechanism 
intended to be applicable to all types of Personal Services Contracts. 
This proposed rule identifies provisions applicable to all personal 
services contracts, distinguishes the differences, and organizes and 
identifies the Agency's applicable rules and regulations to more 
clearly understand what is considered regulatory in nature and what is 
considered policy.

B. Regulatory Planning and Review

    This is not a significant regulatory action and, therefore, is not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), USAID has considered the economic 
impact of the rule and has determined that its provisions would not 
have a significant economic impact on a substantial number of small 
entities.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the AIDAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501 et seq.

List of Subjects in 48 CFR Chapter 7

    Government procurement.

    For the reasons set forth in the preamble, under the authority of 
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, the 
U.S. Agency for International Development proposes to amend 48 CFR 
Chapter 7 as follows:
    1. Add Appendix A to Chapter 7 to read as follows:

Appendix A to Chapter 7--USAID Direct Contracts for Personal Services

1. General

    (a) Purpose. This appendix sets forth the process for 
competition of personal services contracts, and provides the General 
Provisions to be included in each type of contract. There are three 
main types of personal services contracts:
    (1) Contracts with U.S. citizens or U.S. resident aliens, 
referred to as U.S. Personal Services Contractor (USPSC);
    (2) Contracts with citizens of the cooperating country or non-
citizens who

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reside legally within the cooperating country, referred to as 
Foreign Service National Personal Services Contractor (FSNPSC) \1\; 
and
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    \1\ Also referred to/known as Cooperating Country National 
Personal Services Contractor (CCNPSC).
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    (3) Contracts with individuals who are neither U.S. citizens/
U.S. resident aliens nor citizens of the cooperating country and who 
have repatriation rights at the end of the contract, referred to as 
Third Country National Personal Services Contractor (TCNPSC).
    (b) Federal Acquisition Regulations (FAR) and U.S. Agency for 
International Development Acquisition Regulations (AIDAR). Contracts 
for personal services are subject to the FAR and the AIDAR. Other 
than the limited exceptions described below, Contracting Officers 
must provide for full and open competition in soliciting offers and 
awarding Government contracts.
    (c) Definitions (See Part I, General Provision I of this 
Appendix).

2. Publicizing Solicitations

    (a) Contracting Officers must publicize solicitations for U.S. 
citizen/U.S. Resident Alien PSCs (USPSCs) who will be based in 
Washington and in USAID Missions, in FedBizOpps (FBO) at https://
www.fbo.gov for a minimum of ten (10) working days. Specific 
exceptions for advertising locally recruited USPSCs (also known as 
resident hires), Foreign Service National PSCs (FSNs), and Third 
Country National PSCs (TCNs) are outlined in paragraph 3 below. In 
addition, other exceptions to advertising federal opportunities are 
contained in FAR Part 5 and AIDAR Part 705. If the publicizing 
procedures set out above are not followed, the Contracting Officer 
must prepare a deviation and a separate justification as required 
under AIDAR 706.302-70(c)(2).
    (b) In addition to advertising in FedBizOpps, the M/OAA 
Director, acting as head of the Agency under the authority of AIDAR 
701.601(a)(1), has authorized USAID Contracting Officers to place 
paid advertisements and notices in newspapers and periodicals. This 
specific authorization is found in AIDAR 705.502. Contracting 
Officers must document the contract file to reflect consideration of 
the requirements of (48 CFR) FAR 5.101(b)(4). Any advertising in 
addition to FedBizOpps must be approved by the cognizant CO. When 
using two sources of advertising, publishing dates and deadlines 
must be taken into consideration as the FBO posting must occur 
first. Other means of advertising a solicitation prior to 
publication in FedBizOpps is a violation of Federal procurement 
regulations and statutes (FAR 5.101 and FAR 5.102).

3. Exceptions to Publicizing in FedBizOpps

    (a) Locally Recruited PSCs. For locally recruited PSCs, 
advertising requirements have been met by soliciting offers from as 
many potential offerors as is practicable under the circumstances 
and by meeting the following conditions for use of the Class 
Justification (See Attachment 1):
    (1) Personal services contracts with United States Citizens 
Recruited Locally. If recruited locally, the position is publicized 
in the same way that the Mission announces direct-hire U.S. citizen 
positions. Renewals or extensions with the same individual for the 
same services do not need to be publicized.
    (2) Personal services contracts with FSNs and TCNs subject to 
the Local Compensation Plan. New solicitations are publicized 
consistent with Mission practice on announcement of FSN positions. 
Renewals or extensions with the same individual for the same 
services do not need to be publicized.
    (b) Extensions and Renewals. Publicizing is not required for 
extensions or renewals with the same individual for the same 
services.
    (c) Personal services contracts for six months or less. The Head 
of USAID's Contracting Activity has determined that publicizing in 
FedBizOpps is not required for personal services contracts for six 
months or less. However, as required in FAR 37.104 and FAR 37.105, 
the CO is responsible for soliciting offers from the maximum number 
of offerors as is practicable under the circumstances. The CO always 
reserves the right to use the procedures in paragraph 2--Publicizing 
Solicitations. These personal services contracts must not be 
extended or renewed.

4. Competition

    (a) Full and Open Competition. Contracts for personal services 
are subject to the Competition in Contracting Act (CICA).
    (b) Exceptions to Full and Open Competition. USAID has special 
authority under the Foreign Assistance Act to waive the requirement 
for full and open competition when foreign aid programs would be 
impaired (AIDAR 706.302-70).
    (1) USAID's Procurement Executive has used this special 
authority and approved a class justification for exception to full 
and open competition for USPSCs recruited locally, and for FSNs, and 
TCNs subject to the local compensation plan, awarded pursuant to 
AIDAR 706.302-70(b)(1)--``An award under Section 636(a)(3) of the 
Foreign Assistance Act of 1961, as amended, involving a personal 
services contractor serving abroad.'' The term ``Locally Recruited'' 
does not apply to those individuals recruited for work in the United 
States. It also does not apply to those individuals who are 
recruited from the U.S. to work in a mission outside the U.S.
    The conditions for use of this class justification are listed in 
3.A above--``Locally Recruited PSCs'', and the limitations, 
certification and file documentation below must be satisfied. This 
class justification does not apply to hiring offshore-PSCs and must 
not be used for hiring a PSC under a sole source procurement.

(i) Limitations

    When using the Class Justification, offers must be requested 
from as many potential offerors as is practicable under the 
circumstances and the advertising requirements in 3.A above--
``Locally Recruited PSCs'' must be followed.

(ii) Certification and File Documentation

    A copy of the class justification must be included in the 
contract file, together with a written statement, signed by the 
Contracting Officer, that: The contract is being awarded pursuant to 
AIDAR 706.302-70(b)(1)--``An award under Section 636(a)(3) of the 
Foreign Assistance Act of 1961, as amended, involving a personal 
services contractor serving abroad''; the conditions for use of the 
class justification have been met; and the cost of the contract is 
fair and reasonable.
    (2) Extensions and Renewals. This exception applies to 
extensions or renewals with the same individual for the same or 
similar services. This applies to all personal services contracts 
except those contracts described in 3C above--``Personal services 
contracts for six months or less.'' For extensions and renewals, the 
contracting officer must make the determination that the incumbent 
is the only practicable, potential offeror.
    Regardless of the intent to continue obtaining the same services 
from the same individual, a new contract (as opposed to a contract 
modification) must be issued to that individual after a 5-year 
period of performance. This allows the requiring office and the CO 
to ensure the terms and conditions and the statement of duties are 
current. In all cases, the CO has the final determination as to the 
need for any revisions. If the changes to the statement of duties 
expand it beyond the scope of ``same or similar services,'' the CO 
must ensure that the appropriate competitive procedures are followed 
for a new procurement.
    (3) Other non-competitive procedures. The class justification 
only covers circumstances outlined above in paragraph 1 of 4.B.--
``Exceptions to full and open competition.'' To use any other 
exception in FAR 6.302 or AIDAR 706.302.70, the Contracting Officer 
must adhere to the limitations in AIDAR 706.302.70(c) and must 
prepare a separate justification as required under FAR 6.303. The 
class justification is not valid in these instances.

5. Issuance of the Solicitation and Receipt of Applications

    Once the solicitation is issued, USPSCs must submit an OF-612 or 
SF-171 form, completed and signed, to the individual designated for 
the receipt of applications in the solicitation. FSN and TCN PSCs 
must submit an AID Form 1420-17--Contractor Employee Biographical 
Data Sheet along with any other required documentation requested in 
the solicitation to the individual designated for the receipt of 
application in the solicitation. Individuals responding to the 
solicitation may use any transmission method authorized by the 
solicitation (i.e. regular mail, electronic commerce, or facsimile). 
See FAR Part 15.207 for handling proposals and information.

6. General Provisions

    This section contains the General Provisions, which are to be 
used as specified in contracts with a U.S. Citizen or a Resident 
Alien (USPSC), Foreign Service National (FSNPSC) or a Third Country 
National (TCNPSC)
    The General Provisions are divided into four parts as follows:

PART I: For inclusion in all types of Personal Service Contracts 
(USPSCs, TCNs and FSNs)

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PART II: For inclusion in U.S. Personal Service Contracts (USPSCs) 
only
PART III: For inclusion in Third Country National Personal Service 
Contracts (TCNPSCs) only
PART IV: For inclusion in Foreign Service National Personal Service 
Contracts (FSNPSCs) only

PART I: For Inclusion in All Types of Personal Service Contracts 
(USPSCs, TCNPSCs and FSNPSCs)

1. Definitions

    (a) USAID means the United States Agency for International 
Development offices, bureaus, and divisions, in both Washington and 
field missions, and its predecessor agencies, including the 
International Cooperation Administration (ICA).
    (b) Administrator means the Administrator of USAID or 
representative delegated administrator's authority.
    (c) Class Justification means a document signed by the 
Procurement Executive that describes specific circumstances in which 
full and open competition is not required.
    (d) Cognizant Technical Officer (CTO) means the individual who 
performs functions that are designated by the Contracting Officer, 
or is specifically designated by policy or regulation as part of 
contract administration. The CTO has no warrant and has no authority 
other than those noted above. In other parts of the U.S. Government, 
the synonymous term is usually Contracting Officer's Technical 
Representative (COTR).
    (e) Contracting Officer (CO) means a person representing the 
U.S. Government through the exercise of his/her delegated authority 
to enter into, administer, and/or terminate contracts and make 
related determinations and findings. This authority is delegated by 
one of two methods: to the individual by means of a ``Certificate of 
Appointment'', SF 1402, as prescribed in FAR 1.603-3, including any 
limitations on the scope of authority to be exercised, or to the 
head of each contracting activity (as defined in AIDAR 702.170), as 
specified in AIDAR 701.601. (ADS 302).
    (f) Contractor means a non-direct hire individual acting as an 
agent of USAID and carrying out a scope of work specified by USAID 
(ADS 102).
    (g) Cooperating Country or Host Country means the country 
receiving the USAID assistance. Cooperating Country means the same 
as ``host country.''
    (h) Cooperating Country Government means the government of the 
Cooperating Country.
    (i) Dependent(s) means:
    (1) A spouse;
    (2) Children who are under 21 years of age and unmarried or, 
regardless of age, are incapable of self-support (children include 
step--and adopted--children and those who are under legal custody of 
the employee or spouse and are dependent upon and normally reside 
with the employee and are expected to be under guardianship of the 
employee until 21 years of age);
    (3) Parents (including step--and legally adoptive--parents) who 
are at least 51 percent dependent on the employee for support; and
    (4) Brothers and/or sisters (including step--and adoptive--
brothers and/or sisters) who are 51 percent or more dependent on the 
employee, unmarried and under 21 years of age. However, there is no 
age limit if they are physically or mentally incapable of self-
support.
    (j) Economy Class means a class of air travel that is less than 
business or first class.
    (k) Employer-employee relationship means an employment 
relationship under a service contract with an individual, which 
occurs when, as a result of the contract's terms or the manner of 
its administration during performance, the PSC is subject to the 
relatively continuous supervision and control of a Government 
officer or employee.
    (l) Foreign Service National (FSN) means the individual who is a 
Cooperating Country citizen or a non-Cooperating Country citizen 
lawfully admitted for permanent residence in the Cooperating 
Country. For the purpose of this Appendix, FSN employees are the 
same as CCN employees and are used interchangeably. Note that FSN is 
the most widely used terminology to describe non-U.S. citizen 
employees.
    (m) Government means the United States Government.
    (n) Local currency means the currency of the Cooperating 
Country.
    (o) Locally Recruited means recruitment of individuals residing 
in the cooperating country. Locally recruited does not apply to 
those individuals recruited for work in the United States. It also 
does not apply to those individuals who are recruited from the U.S. 
to work in a mission outside the U.S.
    (p) Mission means the USAID Mission or the principal USAID 
office or representative (including an embassy designated to so act) 
in a Cooperating Country in which there is a program or activity 
administered by USAID.
    (q) Mission Director means the principal officer in the Mission 
in the Cooperating Country, or the designated representative of the 
Mission Director.
    (r) Offshore PSCs \2\ means an individual who is brought into 
the host country at Government expense and has repatriation rights.
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    \2\ Also referred to/known as ``Internationally Recruited PSCs''
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    (s) Period of Performance means the PSC's period of service as 
defined under the contract. Time spent initially traveling to post 
and final travel when departing from post is not included in the 
period of performance and is not subject to salary even though 
travel expenses may be allowable.
    (t) Personal services contract means a contract that, by its 
express terms or as administered, makes the contractor personnel 
appear, in effect, Government employees (see FAR 37.104) (FAR 2.101) 
The acronym ``PSC'' is used to describe a personal services 
contractor.
    (u) Resident Hire (also referred to as Locally Recruited USPSCs) 
means individuals who are U.S. citizens who at the time of hiring as 
a PSC, reside in the cooperating country:
    (1) As a spouse or dependent of a U.S. citizen employed by a 
U.S. Government Agency or under any U.S. Government-financed 
contract or agreement, or under any other contract or agreement that 
provides for repatriation to the United States; or
    (2) For reasons other than for employment with a U.S. Government 
Agency or under any U.S. Government-financed contract or agreement, 
or under any other contract or agreement that provides for 
repatriation to the United States.
    (3) A U.S. citizen for purposes of this definition also includes 
a person who at the time of contracting, is a lawfully admitted 
permanent resident of the United States.
    (v) Short-term personal services contract means a contract for 
less than one year.
    (w) Third Country National (TCN) means an individual who is 
neither a citizen of the United States nor a citizen of the country 
to which assigned for duty, AND who is eligible for return travel to 
their home country or country from which recruited at U.S. 
Government expenses, AND who is on a limited assignment for a 
specific period of time.
    (x) Traveler means:
    (1) The PSC when in authorized travel status, and/or
    (2) Dependent(s) of the PSC who are in authorized travel status.
    (y) U.S. Resident Alien means a non-U.S. citizen lawfully 
admitted for permanent residence in the United States.

2. Compliance With Laws and Regulations

    (a) Standards of Conduct.
    (1) The PSC will be required to comply with the same ethics 
laws, rules, and regulations as required of USAID direct hire 
employees. However, if the PSC's period of performance is less than 
130 days during any period of 360 days, the PSC will be subject to 
the same laws, rules, and regulations as a ``special Government 
employee'' and subject to the provisions of Title 18--Crimes and 
Criminal Procedure, Part I--Crimes, Chapter 11--Bribery, Graft, and 
Conflict of Interest, as set forth in 18 U.S.C. 202(a).
    (2) By signing this contract, the PSC agrees to comply with all 
ethics laws, rules, and regulations that are applicable to other 
USAID direct hire employees, including 18 U.S.C. 202, 203, 205, 207, 
208, 209, and 219, the USAID General Notice entitled ``Employee 
Review of the New Standards of Conduct,'' and 5 CFR part 2635.
    (3) If, however, the PSC's period of performance is less than 
130 days during any period of 360 days, by signing this contract, 
the PSC agrees to comply with the same laws, rules, and regulations 
as a ``special Government employee'' and subject to the provisions 
as set forth in 18 U.S.C. 202(a), the USAID General Notice entitled 
``Employee Review of the New Standards of Conduct,'' and the 
portions of 5 C.F.R. Part 2635 that are applicable to ``Special 
Government Employees.''
    (b) Conformity to Laws and Regulations of the Cooperating 
Country. PSC agrees that, while in the cooperating country, the PSC 
as well as dependents, must abide by all applicable laws and 
regulations of the cooperating country and its political 
subdivisions.

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3. Contractor--USAID Relationships

    (a) The PSC acknowledges that this contract is an important part 
of the U.S. Foreign Assistance Program and agrees that the duties 
will be carried out in such a manner as to be fully commensurate 
with the responsibilities which this entails.
    (b) The PSC is expected to show respect for the conventions, 
customs, and institutions of the Cooperating Country and not 
interfere in its political affairs.
    (c) If the PSC's conduct is not in accordance with paragraph (b) 
of this provision, the contract may be terminated under the General 
Provision of this contract, entitled ``Termination''. In addition, 
the U.S. Ambassador may direct the immediate removal of a USPSC or a 
TCNPSC from any country when, in the discretion of the Ambassador, 
the interests of the United States so require.
    (d) The Mission Director is the chief representative of USAID in 
the Cooperating Country. In this capacity, s/he is responsible for 
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 U.S. Foreign Assistance Program. The 
PSC will be responsible for performing duties in accordance with the 
statement of duties called for by the contract, and as required and 
necessary, report on the progress of the work under the contract.

4. Workweek

    The PSC's workweek must not be less than 40 hours, unless 
otherwise provided in the Contract Schedule, and must coincide with 
the workweek as defined by the Mission. If the contract is for less 
than full time (40 hours weekly), the annual and sick leave earned 
must be prorated (see the General Provision of this contract 
entitled Leave and Holidays).

5. Insurance

    Worker's Compensation Benefits. USAID will provide the PSC with 
worker's compensation benefits in accordance with the Federal 
Employees' Compensation Act.

6. Termination

    (This is an approved deviation to be used in place of the clause 
specified in FAR 52.249-12.)
    (a) The Government may terminate performance of work under this 
contract in whole or, from time to time, in part:
    (1)(i) For cause, which may be effected immediately after 
establishing the facts warranting the termination, by giving written 
notice and a statement of reasons to the PSC in the event of:
    (A) A breach or violation of any obligations contained in this 
contract; or
    (B) Fraud being committed in obtaining the contract; or
    (C) Misconduct by the PSC (as determined by the USAID Mission 
Director or Contracting Officer) in or affecting the Cooperating 
Country.
    (ii) Upon such a termination, the PSC's right to compensation 
stops when the period specified in the written notice expires or the 
last day on which the PSC performs services in support of this 
contract, whichever is earlier. No costs of any kind incurred by the 
PSC after the effective date in this notice may be reimbursed except 
the cost of return transportation (not including travel allowances), 
if approved by the Contracting Officer. If any costs relating to the 
period subsequent to such date have been paid by USAID, the PSC must 
promptly refund to USAID any such prepayment as directed by the 
Contracting Officer.
    (2) For the convenience of USAID, by giving not less than 15 
calendar days advance written notice to the PSC. Upon such a 
termination, PSC's right to compensation stops when the period 
specified in the written notice expires except that the PSC is 
entitled to any unused vacation leave, return transportation costs 
and travel allowances and transportation of unaccompanied baggage 
costs at the rate specified in the contract and subject to the 
limitations that apply to authorized travel status.
    (3) For the convenience of USAID, when the PSC is unable to 
complete performance of the services under the contract by reason of 
sickness or physical or emotional incapacity based upon a 
certification of such circumstances by a duly qualified doctor of 
medicine approved by the Mission. The contract will be deemed 
terminated upon delivery to the PSC of a written termination notice. 
Upon such a termination, the PSC will not be entitled to 
compensation except to the extent of any unused vacation or sick 
leave, but will be entitled to return transportation, travel 
allowances, and unaccompanied baggage costs at rates specified in 
the contract and subject to the limitations that apply to authorized 
travel status.
    (4) For convenience, when a final security clearance is denied. 
The contract will be deemed terminated upon issuance to the PSC of a 
written termination notice. Upon such a termination, the PSC's right 
to compensation stops when the period specified in the written 
notice expires or the last day on which the PSC performs services in 
support of this contract, whichever is earlier. The PSC will be 
entitled to any unused vacation leave, and will be entitled to 
return transportation, travel allowances, and unaccompanied baggage 
costs at rates specified in the contract and subject to the 
limitations that apply to authorized travel status.
    (b) The PSC, with the written consent of the Contracting 
Officer, may terminate this contract upon at least 15 days' written 
notice to the Contracting Officer.

7. Termination of PSCs Hired Under the Local Compensation Plan

    For those PSCs hired under the local compensation plan, 
termination will be in accordance with the local compensation plan.

8. Release of Information

    All rights in data and reports required by or developed under 
this contract become the property of the U.S. Government. All 
information gathered under this contract by the PSC and all reports 
and recommendations hereunder must be treated as confidential by the 
PSC and must not, without the prior written approval of the 
Contracting Officer, be made available to any person, party, or 
government, other than USAID, except as otherwise expressly provided 
in this contract. All data and reports, including copies, will 
remain the property of USAID.

9. Training

    The PSC may be provided job related training to expand 
capabilities and increase knowledge and skills.

10. Reports

    (a) The PSC must prepare and submit two copies of each technical 
report required by the schedule of this contract to the Development 
Experience Clearinghouse, Via E-mail: docsubmit@dec.cdie.org; Via 
U.S. Postal Service: Development Experience Clearinghouse, 8403 
Colesville Road, Suite 210 Silver Spring, MD 20910, USA; 3c) Via 
Fax: (301) 588-7787; or Online: https://www.dec.org/
index.cfm?fuseaction=docSubmit.home.
    (b) The title page of all reports forwarded to the Development 
Experience Clearinghouse under this paragraph must include a 
descriptive title, the author's Name(s), contract number, project 
number and title, PSC's name, name of the USAID project office, and 
the publication or issuance date of the report.
    (c) When preparing reports, the PSC must refrain from using 
elaborate art work, multicolor printing, and expensive paper/
binding, unless it is specifically authorized in the Contract 
Schedule. Wherever possible, pages must be printed on both sides 
using single spaced type.

11. Prohibition on the Use of Federal Funds To Promote, Support, or 
Advocate for the Legalization or Practice of Prostitution--
Acquisition

    (a) The U.S. Government is opposed to prostitution and related 
activities, which are inherently harmful and dehumanizing, and 
contribute to the phenomenon of trafficking in persons. None of the 
funds made available under this contract may be used to promote, 
support, or advocate the legalization or practice of prostitution. 
Nothing in the preceding sentence will be construed to preclude 
assistance designed to ameliorate the suffering of, or health risks 
to, victims while they are being trafficked or after they are out of 
the situation that resulted from such victims being trafficked.
    (b) The contractor shall insert this provision in all sub-awards 
under this award.
    (c) This provision includes express terms and conditions of the 
contract and any violation of it shall be grounds for unilateral 
termination, in whole or in part, of the contract by USAID prior to 
the end of its term.

12. Homeland Security Presidential Directive-12 (HSPD-12)

    (a) In response to the general threat of unauthorized access to 
federal facilities and information systems, the President issued 
Homeland Security Presidential Directive-

[[Page 6816]]

12. HSPD-12 requires all Federal agencies to use a common Personal 
Identity Verification (PIV) standard when identifying and issuing 
access rights to users of Federally-controlled facilities and/or 
Federal Information Systems. USAID will begin issuing HSPD-12 
``smart card'' IDs to applicable contracts, using a phased approach. 
Effective October 27, 2006, USAID will begin issuing new ``smart 
card'' IDs to new contractors (and new contractor employees) 
requiring routine access to USAID controlled facilities and/or 
access to USAID's information systems. USAID will begin issuance of 
the new smart card IDs to existing contractors (and existing 
contractor employees) on October 27, 2007. (Exceptions would include 
those situations where an existing contractor (or contractor 
employee) loses or damages his/her existing ID and would need a 
replacement ID prior to Oct 27, 2007. In those situations, the 
existing contractor (or contractor employee) would need to follow 
the PIV processes described below, and be issued one of the new 
smart cards.)
    (b) Accordingly, before a contractor (including a PSC* or a 
contractor employee) may obtain a USAID ID (new or replacement) 
authorizing him/her routine access to USAID facilities, or logical 
access to USAID's information systems, the individual must provide 
two forms of identity source documents in original form and a 
passport size photo. One identity source document must be a valid 
Federal or state government-issued picture ID. (Overseas foreign 
nationals must comply with the requirements of the Regional Security 
Office.) USAID/W contractors must contact the USAID Security Office 
to obtain the list of acceptable forms of documentation, and 
contractors working in overseas Missions must obtain the acceptable 
documentation list from the Regional Security Officer. Submission of 
these documents, and related background checks, are mandatory in 
order for the contractor to receive a building access ID, and before 
access will be granted to any of USAID's information systems. All 
contractors must physically present these two source documents for 
identity proofing at their USAID/W or Mission Security Briefing. The 
contractor or his/her Facilities Security Officer must return any 
issued building access ID and remote authentication token to USAID 
custody upon termination of the individual's employment with the 
contractor or completion of the contract, whichever occurs first.
    (c) The contractor must comply with all applicable HSPD-12 and 
PIV procedures, as described above, and any subsequent USAID or 
government-wide HSPD-12 and PIV procedures/policies, including any 
subsequent related USAID General Notices, Office of Security 
Directives and/or Automated Directives System (ADS) policy 
directives and required procedures. This includes HSPD-12 procedures 
established in USAID/Washington and those procedures established by 
the overseas Regional Security Office.
    (d) In the event of inconsistencies between this clause and 
later issued Agency or government-wide HSPD-12 guidance, the most 
recent issued guidance should take precedence, unless otherwise 
instructed by the Contracting Officer.
    (e) The contractor is required to include this clause in any 
subcontracts that require the subcontractor or subcontractor 
employee to have routine physical access to USAID space or logical 
access to USAID's information systems.

13. Federal Acquisition Regulation (FAR) Clauses To Be Incorporated 
in Full Text in All Personal Services Contracts

    The following FAR Clauses are always to be used along with the 
General Provisions. They are required in full text.
    (a) Covenant Against Contingent Fees 52.203-5
    (b) Payment by Electronic Funds Transfer--Other than Central 
Contractor Registration 52.232-34
    (c) Disputes 52.233-1 (Alternate 1)
    (d) Preference for U.S. Flag Air Carriers 52.247-63

14. FAR Clauses To Be Incorporated by Reference in All Personal 
Services Contracts

    The following FAR Clauses are to be used along with the General 
Provisions, and when appropriate, be incorporated in each personal 
services contract by reference:
    (a) Anti-Kickback Procedures 52.203-7
    (b) Limitation on Payments to Influence Certain Federal 
Transactions 52.203-12
    (c) Audit and Records--Negotiation 52.215-2
    (d) Privacy Act Notification 52.224-1
    (e) Privacy Act 52.224-2
    (f) Taxes--Foreign Cost Reimbursement Contracts 52.229-8
    (g) Interest 52.232-17
    (h) Limitation of Cost 52.232-20
    (i) Limitation of Funds 52.232-22
    (j) Assignment of Claims 52.232-23
    (k) Protection of Government Buildings, Equipment, and 
Vegetation 52.237-2
    (l) Notice of Intent to Disallow Costs 52.242-1
    (m) Inspection of Services--Cost-Reimbursement 52.246-5
    (n) Limitation of Liability--Services 52.246-25

PART II: For Inclusion in U.S. Personal Service Contracts (USPSCs) Only

1. Purchase or Sale of Personal Property or Automobiles (August 
2006). (Only for inclusion in offshore USPSCs)

    (a) To the extent permitted by the cooperating country, the 
purchase, sale, import, or export of personal property or 
automobiles in the cooperating country by the PSC is subject to the 
same limitations and prohibitions that apply to Mission U.S.-citizen 
direct-hire employees.
    (b) Insurance on Private Automobiles. If the PSC or the 
dependents transport, or have transported, privately owned 
automobile(s) to the Cooperating Country or purchase an automobile 
within the Cooperating Country, the PSC agrees to cover such 
automobile(s) (during such ownership within the Cooperating Country) 
by a current, i.e., not in arrears, insurance policy. The insurance 
policy must be issued by a reliable company providing the following 
minimum coverage, or such other minimum coverage as may be set by 
the Mission Director, payable in U.S. dollars or their equivalent in 
the currency of the Cooperating Country: injury to persons, $10,000/
$20,000; and property damage, $5,000. The PSC further agrees to 
deliver, or have delivered, to the Mission Director, the insurance 
policies required by this provision or satisfactory proof of their 
existence, before the automobile(s) is operated within the 
Cooperating Country. The premium costs for such insurance are not 
reimbursable under this contract.

2. Physical Exams (for Inclusion in Washington-Based USPSCs)

    (a) Physical Fitness. Washington-based USPSCs are not required 
to obtain a physical exam unless their work schedule calls for 
overseas TDY assignments of 60 days or more in the aggregate during 
a 12-month period.
    (b) For Washington based USPSCs whose contracts require TDYs, 
which in the aggregate amount to 60 days or more in a calendar year, 
the PSC must obtain a medical clearance from State M/MED prior to 
any travel overseas. The Contracting Officer will provide the USPSC 
with a medical clearance packet for this purpose.

3. Physical Exams and Health Room Privileges (for Inclusion in 
Offshore USPSCs)

    (a) Physical Fitness.
    (1) For contracts performed outside the United States for less 
than 60 days in a calendar year, the PSC is required to be examined 
by a licensed doctor of medicine and obtain from the doctor a 
statement of medical opinion that, in the doctor's opinion, the 
contractor is physically able to engage in the type of activity for 
which the PSC is being employed under the contract. A copy of the 
statement(s) shall be provided to the Contracting Officer prior to 
the contractor's departure overseas, or for a U.S. resident hire, 
before the PSC starts work under the contract. As an example, the 
doctor may choose to use the language of the doctor's statement of 
medical opinion at the end of the form AID 1420-62 which identifies 
the contractor by name, to meet this requirement. However, form AID 
1420-62 is not required to be completed for contracts less than 60 
days.
    (2) For all contracts performed outside of the United States in 
excess of 60 days, the PSC and any authorized dependents must be 
examined by a licensed doctor of medicine and must obtain a medical 
clearance from the U.S. Department of State, Office of Medical 
Services, Medical Clearance Unit (M/MED). A copy of the M/MED 
Medical Clearance abstract must be provided to the Contracting 
Officer before the contract is signed.
    (3) The PSC and the dependents are authorized physical 
examinations within 60 days after completion of the PSC's period of 
performance. The PSC is subject to the same re-imbursement 
restrictions as the initial exam.
    (b) Reimbursement.
    (1) As a contribution to the cost of medical examinations 
required by paragraph (a)(1) of this provision, USAID shall 
reimburse the contractor not to exceed $250 for each physical 
examination, plus reimbursement of charges for immunizations.

[[Page 6817]]

    (2) (i) As a contribution to the cost of medical examinations 
required by paragraph (a)(2) and (3) of this provision, USAID will 
reimburse the PSC in an amount not to exceed half of the cost of the 
examination up to a maximum of $700 per examination plus 
reimbursement of charges for immunizations for the PSC and for each 
authorized dependent 12 years of age or over. The USAID contribution 
for dependents under 12 years of age will not exceed half of the 
cost of the examination up to a maximum of $350 per individual plus 
reimbursement of charges for immunizations. The PSC must obtain the 
prior written approval of the Contracting Officer to receive any 
USAID obligations higher than these limits.
    (ii) If M/MED requires the proposed PSC and/or dependents to 
have additional tests done before providing medical clearance, the 
proposed PSC shall notify the Contracting Officer and the 
responsible individual in the requiring office. These additional 
tests shall be reimbursed to the proposed PSC at 100% of incurred 
costs, minus any payments by the proposed PSC's insurance company.
    (c) Health Unit Privileges. After the PSC and dependents receive 
M/MED clearance, routine medical services shall be available in 
their overseas location. Procedures at the Health Room shall be in 
accordance with post policy at the post of duty. These services do 
not include hospitalization or predeparture 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 PSCs and 
dependents, whether or not they may have been granted access to 
routine health room services, on the same basis as would be to any 
U.S. citizen in an emergency medical situation in the country, 
including post support for medevac (although medevac service will be 
paid for by the PSC's medevac insurer) and post support for 
hospitalizations per the terms of the personal services contract.

4. Medical Expense Payment Responsibility

    Include the following provision in all USPSCs (excluding 
resident hire USPSCs):
    (a) Definitions. Terms used in this General Provision are 
defined in 16 FAM 116 (available at https://www.foia.state.gov/REGS/
fams.asp?level=2&id=59&fam=0). Note: personal services contractors 
are not eligible to participate in the Federal Employees Health 
Programs.
    (b) The regulations in the Foreign Affairs Manual, Volume 16, 
Chapter 520 (16 FAM 520), Responsibility for Payment of Medical 
Expenses, apply to this contract, except as stated below. The 
contractor and each dependent are strongly encouraged to obtain 
health insurance that covers this assignment. Nothing in this 
provision supersedes or contradicts any other term or provision in 
this contract that pertains to insurance or medical costs, except 
that section (e) supplements General Provision entitled ``MEDICAL 
EVACUATION (MEDEVAC) SERVICES.''
    (c)(1) When the contractor or dependent is covered by health 
insurance, that insurance is the primary payer for medical services 
provided to that contractor or dependent(s) both in the United 
States and abroad. The primary insurer's liability is determined by 
the terms, conditions, limitations, and exclusions of the insurance 
policy.
    (2) When the contractor or dependent is not covered by health 
insurance, the contractor is the primary payer for the total amount 
of medical costs incurred and the U.S. Government has no payment 
obligation (see paragraph (f) of this provision).
    (d) USAID serves as a secondary payer for medical expenses of 
the contractor and dependents who are covered by health insurance, 
where the following conditions are met:
    (1) The illness, injury, or medical condition giving rise to the 
expense is incurred, caused, or materially aggravated while the 
eligible individual is stationed or assigned abroad;
    (2) The illness, injury, or medical condition giving rise to the 
expense required or requires hospitalization and the expense is 
directly related to the treatment of such illness, injury, or 
medical condition, including obstetrical care; and
    (3) The Office of Medical Services (M/MED) or a Foreign Service 
medical provider (FSMP) determines that the treatment is appropriate 
for, and directly related to, the illness, injury, or medical 
condition.
    (e) The Mission Director may, on the advice of M/MED or an FSMP 
at post, authorize medical travel for the contractor or a dependent 
in accordance with the Travel and Transportation Expenses General 
Provision section entitled ``Emergency and Irregular Travel and 
Transportation.'' In the event of a medical emergency, when time 
does not permit consultation, the Mission Director may issue a 
Travel Authorization Form or Medical Services Authorization Form DS-
3067, provided that the FSMP or Post Medical Advisor (PMA) is 
notified as soon as possible following such an issuance. The 
contractor must promptly file a claim with his or her MEDEVAC 
insurance provider and repay to USAID any amount the MEDEVAC insurer 
pays for medical travel, up to the amount USAID paid under this 
section. The contractor must repay USAID for medical costs paid by 
the MEDEVAC insurer in accordance with sections (f) and (g) below. 
In order for medical travel to be an allowable cost under General 
Provision entitled Travel and Transportation Expenses, the 
contractor must provide USAID written evidence that MEDEVAC 
insurance does not cover these medical travel costs.
    (f) If the contractor or dependent is not covered by primary 
health insurance, the contractor is the primary payer for the total 
amount of medical costs incurred. In the event of a medical 
emergency, the Medical and Health Program may authorize issuance of 
Form DS-3067, Authorization for Medical Services for Employees and/
or Dependents, to secure admission to a hospital located abroad for 
the uninsured contractor or dependent. In that case, the contractor 
will be required to reimburse USAID in full for funds advanced by 
USAID pursuant to the issuance of the authorization. The contractor 
may reimburse USAID directly or USAID may offset the cost from the 
contractor's invoice payments under this contract, any other 
contract the individual has with the U.S. Government, or through any 
other available debt collection mechanism.
    (g) When USAID pays medical expenses (e.g., pursuant to Form DS-
3067, Authorization for Medical Services for Employees and/or 
Dependents), repayment must be made to USAID either by insurance 
payment or directly by the contractor, except for the amount of such 
expenses USAID is obligated to pay under this provision. The 
Contracting Officer will determine the repayment amount in 
accordance with the terms of this provision and the policies and 
procedures for employees contained in 16 FAM 521. When USAID pays 
the medical expenses, including medical travel costs (see section 
(e) above), of an individual (either the contractor or a dependent) 
who is covered by insurance, that individual promptly must claim his 
or her benefits under any applicable insurance policy or policies. 
As soon as the individual receives the insurance payment, the 
contractor must reimburse USAID for the full amount that USAID paid 
on the individual's behalf or the repayment amount determined by the 
Contracting Officer in accordance with this paragraph, whichever is 
less. If an individual is not covered by insurance, the contractor 
must reimburse USAID for the entire amount of all medical expenses 
and any travel costs the contractor receives from his/her MEDEVAC 
provider.
    (h) In the event that the contractor or dependent fails to 
recover insurance payments or transfer the amount of such payments 
to USAID within 90 days, USAID will take appropriate action to 
collect the payments due, unless such failure is for reasons beyond 
the control of the USPSC/dependent.
    (i) Before departing post or terminating the contract, the 
contractor must settle all medical expense and medical travel costs. 
If the contractor is insured, he or she must provide proof to the 
Contracting Officer that those insurance claims have been submitted 
to the insurance carrier(s) and sign a repayment agreement to repay 
to USAID any amounts paid by the insurance carrier(s).

5. Compensation Adjustments

    (a) Annual Salary Increase.
    (1) All U.S. PSC positions are classified based on the General 
Service (GS) schedule at the grade USAID considers to be the market 
value and salary range of the position. When the salary is 
negotiated and agreed upon, the salary must be fixed at a specific 
step within the salary range, as classified at the GS-equivalent 
grade, for the specified position (e.g., GS-13, step 5).
    (2) Future salary increases based on written evaluation of 
satisfactory performance or better must be consistent with U. S. 
direct-hire employee salary increases in accordance with OMB policy 
in 5 CFR Section 531.405--``Waiting periods for within-grade 
increases.''
    (3) For extensions and renewals, when a PSC's current salary is 
between steps (for example between a step 5 and a step 6), the base 
for extension or renewal will be established at the higher step (for 
example,

[[Page 6818]]

step 6), and the ``step increase'' will be to step 7.
    (4) When an individual reaches the upper limit of a position's 
market value, i.e., the top of the GS-equivalent grade, the 
individual's salary must be ``capped'' in the same way as that of a 
USDH salary. This does not affect the annual pay comparability 
adjustment.
    (b) Annual Pay Comparability Adjustment. The PSC's compensation 
shall be adjusted to reflect the pay comparability adjustments that 
are granted from time to time to U.S. direct-hire employees by 
Executive Order for the statutory pay systems (usually in January). 
Any adjustments authorized are subject to the availability of funds 
and must not exceed that percentage stated in the Executive Order 
granting the adjustment. Further, the adjusted compensation may not 
exceed the annual ``USAID Contractor Salary Threshold (USAID CST)'' 
which is equivalent to the maximum rate for agencies without a 
certified SES performance appraisal system (or the equivalent hourly 
rate).

6. Leave and Holidays

    (a) Vacation Leave.
    (1) The PSC shall earn vacation leave at the rate of 13 workdays 
per annum or 4 hours every 2 weeks. However, no vacation shall be 
earned if the tour of duty is less than 90 days.
    (2) Notwithstanding paragraph (a)(1) above, if the PSC has had 
previous: USAID PSC service (i.e., has served under other personal 
services contracts (PSCs) covered by Sec. 636(a)(3) of the FAA or 
other statutory provision applicable to USAID); and/or former U.S. 
Government (USG) direct hire service--civilian and/or military), the 
PSC will earn vacation leave based on time in service as follows:

------------------------------------------------------------------------
            Time in service                  Calculated vacation time
------------------------------------------------------------------------
Up to 3 years of service...............  Four hours of vacation leave
                                          for each two week period.
over 3 years and up to 15 years of       Six hours of vacation leave for
 service.                                 each two week period
                                          (including 10 hours vacation
                                          leave for the final pay period
                                          of a calendar year).
15+ years of service...................  Eight hours of vacation leave
                                          for each two week period.
------------------------------------------------------------------------

    (3) (i) Vacation leave is provided under this contract for the 
purposes of affording necessary rest and recreation during the 
period of performance. The PSC in consultation with the USAID 
Mission or USAID/Washington, as appropriate, shall develop a 
vacation leave schedule early in the PSC's period of performance 
taking into consideration project requirements, PSC preference and 
other factors. All vacation leave earned by the PSC must be used 
during the PSC's period of performance. All vacation leave earned by 
the PSC, but not taken by the end of the PSC's contract, will be 
forfeited. However, to prevent forfeiture of vacation leave, the 
Contracting Officer may approve the PSC taking vacation leave during 
the concluding weeks of the PSC's contract.
    (ii) As an exception to 3(i) above, the PSC may receive lump-sum 
payment for leave not taken. To approve this exception, the PSC's 
supervisor must provide the Contracting Officer with a signed, 
written Determination and Findings. The Determination and Findings 
must set out the facts and circumstances that prevented the PSC from 
taking vacation leave and the Contracting Officer must find that 
these facts and circumstances were not caused by and were beyond the 
control of the contractor. This leave payment must not exceed the 
number of days which could be earned by the PSC during a twelve 
month period.
    (4) With the approval of the Mission Director or the cognizant 
AA, as appropriate, and if the circumstances warrant, a Contracting 
Officer may grant the PSC advance vacation leave in excess of that 
earned, but in no case may the Contracting Officer grant advance 
vacation leave in excess of that earned in one year or over the life 
of the contract, whichever is less. The PSC agrees to reimburse 
USAID for any outstanding balance of advance vacation leave provided 
during the PSC's assignment under the contract.
    (5) Applicants for PSC positions will provide evidence of their 
PSC and/or USG direct hire service--civilian and/or military 
experience, as applicable, on their signed and dated SF-171 or OF-
612. By signing the appropriate form, the applicant attests to the 
accuracy of the information provided. Any applicant providing 
incorrect information is subject to the penalty provisions in the 
form. If required to satisfy due diligence requirements on behalf of 
the Contracting Officer, PSCs may be required to furnish evidence 
that verifies length of service, e.g., SF 50, DD Form 214, and/or 
signed contracts.
    (b) Sick Leave. Sick leave is earned at a rate not to exceed 13 
work-days per annum or 4 hours every 2 weeks. Unused sick leave may 
be carried over under an extension/renewal of this contract. 
Otherwise, sick leave will not be carried over from one post to 
another or from one contract to another. The PSC will not be 
compensated for unused sick leave upon completion of this contract.
    (c) Military Leave. Military leave of not more than 15 calendar 
days in any calendar year may be granted to a PSC who is a reservist 
of the Armed Forces. The PSC must provide advance notice of the 
pending military leave to the Contracting Officer or the Mission 
Director as soon as known. A copy of any such notice must be part of 
the contract file.
    (d) Leave Without Pay. Leave without pay may be granted only 
with the written approval of the Contracting Officer or Mission 
Director.
    (e) Compensatory Time. Compensatory leave may be granted only 
with the written approval of the Contracting Officer or Mission 
Director in rare instances when it has been determined absolutely 
essential and used under those guidelines which apply to direct-hire 
employees.
    (f) Sunday Pay (if applicable). Each Mission has the option 
whether or not to authorize Sunday pay for U.S. PSCs, with two 
stipulations: the decision whether or not to pay must be 
administered consistently throughout the Mission; and if Sunday pay 
is authorized, it must be paid under the same terms and conditions 
that Foreign Service direct-hire employees would receive in 
accordance with 3 FAM 3136.
    (g) Leave Records. The PSC shall maintain current leave records 
and make them available, as requested by the Mission Director or the 
Contracting Officer.

FOR INCLUSION IN USPSCS Posted Overseas

    (h) Home Leave.
    (1) Home leave is leave earned for service abroad for use only 
in the United States, its commonwealths and territories.
    (2) A USPSC who is a U.S. citizen or U.S. resident alien and has 
served at least two years overseas at the same USAID Mission, under 
the same contract, as defined in paragraph (c)(4) below, and has not 
taken more than 30 work days leave (vacation, sick or leave without 
pay) in the United States may be granted home leave in accordance 
with the following:
    (i) If the PSC returns to the same overseas post upon completion 
of home leave for an additional 2 years under the same contract, or 
for such shorter period of not less than one year, as approved in 
writing by the Mission Director prior to the USPSC's departure on 
home leave, the PSC will receive home leave, to be taken at one 
time, for a period of not more than 30 work days, provided advance 
approval is obtained from the Mission Director;
    (ii) If the contractor is returning to a different USAID Mission 
under a USAID personal services contract immediately following 
completion of the USPSC's home leave, for an additional 2 years 
under contract, or for such shorter period of not less than one 
year, as approved by the Mission Directors of the ``losing'' and 
``gaining'' Missions, the PSC will receive home leave, to be taken 
at one time, for a period of not more than 20 work days. When the 
PSC is returning to a different USAID Mission, the former Mission 
will pay for the home leave regardless of what country the PSC will 
be working in following the home leave;
    (iii) If home leave eligibility is based on paragraph (c)(2)(ii) 
of this provision, the PSC must submit written verification to the 
losing Mission at the time home leave is requested that the PSC has 
accepted a USAID personal services contract at another USAID Mission 
following completion of the home leave;
    (iv) Travel time by the most direct route is authorized in 
addition to the number of work days authorized for home leave;
    (v) Home leave must be taken in the United States, the 
Commonwealth of Puerto Rico or

[[Page 6819]]

the possessions of the United States, and any days spent elsewhere 
will be charged to vacation leave. If the PSC does not have accrued 
vacation leave, the PSC will be placed on leave without pay.
    (vi) If the PSC does not complete the additional service 
required under (c)(2)(i) or (ii) (that the Contracting Officer finds 
are other than for reasons beyond the PSC's control), the cost of 
home leave, travel and transportation and any other related costs 
must be repaid by the PSC to the Government.
    (3) Notwithstanding the requirement in paragraph (c)(2) above 
that the contractor must have served 2 years overseas under personal 
services contract with the same Mission to be eligible for home 
leave, the PSC may be granted advance home leave subject to all of 
the following conditions:
    (i) Granting of advanced home leave would in each case serve to 
advance the attainment of the objectives of this contract; and
    (ii) The PSC has served a minimum of 18 months in the 
Cooperating Country under this contract; and
    (iii) The contractor agrees to return to the Cooperating Country 
to serve out the remainder of the current contract, plus an 
additional 2 years under the current contract or under a new 
contract for the same or similar services at the same Mission. If 
approved in advance by the Mission Director, the contractor may 
return to serve out the remainder of the current contract, and an 
additional period of not less than 1 year under the current contract 
or under a new contract for the same or similar services at the same 
Mission.
    (4) The period of service overseas required under paragraph 
(c)(2), or paragraph (c)(3) above, will include the actual days in 
orientation in the United States (less language training). The 
actual days overseas begin on the date of arrival in the Cooperating 
Country inclusive of authorized delays enroute. 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 of 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 the 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. Except for reasons beyond the PSC's 
control as determined by the Contracting Officer, the PSC must 
return to duty after home leave and complete the additional required 
service or be responsible for reimbursing USAID for payments made 
during home leave. Unused home leave is not reimbursable under this 
contract, nor can it be taken incrementally in separate time 
periods.
    (6) Home leave must be taken at one time, and to the extent 
deemed necessary by the Contracting Officer, a contractor in the 
United States on home leave may be authorized to spend not more than 
5 days in work status for consultation at USAID/Washington before 
returning to post. Cons