SECTION H
SECTION H - SPECIAL CONTRACT REQUIREMENTS*
PERSONNEL
DEC 1990
752.7027
H.1 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND NOTIFICATION
REQUIREMENTS AND AIDAR 752.7027 PERSONNEL
In accordance with the above clauses, the Contracting Officer hereby provides prior written approval for
international travel, provided that concurrence with the assignment of individuals outside the United States is
obtained by the Contractor, in writing, from the CTO prior to their assignment abroad, which must be within
the terms of this contract, is subject to availability of funds, and should not be construed as authorization
either to increase the estimated cost or to exceed the obligated amount (see Section B). The Contractor shall
retain for audit purposes a copy of each travel concurrence.
H.2 INSURANCE AND SERVICES
(a) Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act); USAID's DBA
insurance carrier is:
Rutherfoord International, Inc.
5500 Cherokee Avenue, Suite 300
Alexandria, VA 22312
Points of Contact:
Sara Payne or Diane Ford
(703) 354-1616
Hours of Operation are: 8 a.m. to 5 p.m. (EST)
Telefax: 703) 354-0370
E-Mail: www.rutherfoord.com
(6) Pursuant to AIDAR 752.228-70 Medical Evacuation (MEDEVAC) Services, USAID's Medevac service
provider is:
Medex Assistance Corporation
P.O. Box 5375
Timonium, MD 21094-5375
Telephone: (410) 453-6300 in Maryland;
or (800) 537-2029 (toll-free)
Telefax: (410) 453-6301
Applicants should request coverage in accordance with USAID Contract No. HNE-Q-00-98-00106-00.
Medevac services costs are allowable as a direct cost.
H.3 AUTHORIZED GEOGRAPHIC CODE
The authorized geographic code for procurement of goods and services procured in support of the USADD
program in the Near East under this contract is 935 (this includes all countries, excluding only the foreign
policy restricted countries. There is a preference for U.S. source, origin and nationality, to the extent
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practicable. NOTE: Iraq is currently included on the list of "foreign policy restricted countries" and
would need to be removed from the list in order to permit procurement from frag.
H.4 NONEXPENDABLE PROPERTY PURCHASES AND INFORMATION
TECHNOLOGY RESOURCES
The Contractor is hereby authorized to purchase the equipment and/or resources as listed in the contractor's
revised budget dated April 9, 2003.
H.S LOGISTIC SUPPORT
The logistics contractor will provide three specific services for all contractors and recipients.
- Those are:
1. Warehouse and inventory support services including the requirement to "receive, store, and
issue materials and supplies and maintain a daily, monthly and quarterly inventory management
and control system for receipt, storage and issue in all the storage areas, maintaining
documentation for all incoming cargo and outgoing shipments to the Missions and other
designated places of performance resulting in a zero balance tolerance."
2. Arrange and implement customs clearances procedures for storage and re-export.
3. Provide freight forwarding services for commodities as they are requisitioned by arranging for
long and short-haul trucking as needed including arrangements for straight trucks or semi-
trailers, as appropriate, air and sea port freight services; and outgoing customs documentation.
Contractor determines the border crossing requirements to deliver commodities to the Iraq
border. Logistics contractor arranges and implements an internet tracking control system for all
shipments to ensure that commodities are not lost, misplaced or destroyed, and are able to be
cleared expeditiously from customs in the receiving country.
USAID is requiring that all Iraq contractors with a need for these three specific services coordinate
Through the logistics contractor for them. USAID is funding these three logistics requirements
directly through the logistics contract for mission needs and contractor needs alike.
The logistics contractor performs a wide ranging variety of services, some of which your vendor
may wish to access. Contractors may contact the logistics contractor directly and negotiate
subcontracts with the logistics contractor for those logistic support requirements not mentioned
for coverage above.
H.6 PERSONNEL COMPENSATION
(a) Limitations:
(1) Salaries and wages may not exceed the Contractor's established policy and practice, including the
Contractor's established pay scale for equivalent classifications of employees, which shall be certified to by
once actor. Ne employe cures aly wag, vie his age at of the o enlary or vase rodived
during any full year of the immediately preceding three (3) years.
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(2) In addition, there is a ceiling on the reimbursable base salary or wage paid to personnel under the
Contract equivalent to the maximum annual salary rate of the USAID "ES-6" (or the equivalent daily rate of
the maximum ES-6 salary, if compensation 1s not calculated on an annual basis), as amended from time to
time, unless an advance written waiver is granted by the USAID Procurement Executive prior to contract
award.
(b) Salaries During Travel
Salaries and wages paid while in travel status will not be reimbursed for a travel period greater than the
time required for travel by the most direct and expeditious air route.
.- (c) Return of Overseas Employees
Salaries and wages paid to an employee serving overseas who is discharged by the Contractor for
misconduct, inexcusable non- performance, or security reasons will in no event be reimbursed for a period
which extends beyond the time required to retum him promptly to his point of origin by the most direct and
expeditious air route.
(d) Annual Salary Increases
Annual salary increases (includes promotional increase) may be granted after the employee's completion
of each twelve month period of satistactory services under the contract. Annual salary increases shall be
consistent with the AlDAR clause at 752.700%, Personnel Compensation. Annual salary increases of any
kind exceeding these limitations or exceeding the maximum salary of ES-6 may be granted only with the
advance written approval of the Contracting Officer.
(e) Consultants
No compensation for consultants will be reimbursed unless their use under the contract has advance
written approval of the Contracting Officer; and if such provision has been made or approval given,
compensation shall not exceed 1) the highest rate of annual compensation received by the consultant during
any full year of the immediately preceding three years or 2) the maximum daily salary rate of ES-6,
whichever is less.
It should be noted that the U.S. Government will be providing direct compensation to former civil
servants through a separate mechanism. This support is intended to ensure that essential services that were
undertaken by the former regime are maintained. The contractor is responsible for submitting a payroll
list and assessing salary levels for all appropriate local administrations and submitting to the CTO
within one month of entering a permissive area.
(f) Initial Salaries
The initial starting salaries of all employees whose salaries are charged as a direct cost to this contract
must be approved, in advance and in writing, by the Contracting Officer. (any initial starting salaries
included in the contractor's best and final and accepted during negotiations, are deemed approved upon
contract execution).
NOTE: The daily rate of a Senior Executive Service employee at the ES-6 level is determined by dividing
the annual salary by 2087 hours and multiplying the quotient by 8.
NOTE: Any Approvals issued pursuant to the above sections shall be retained by the Contractor for audit
purposes. Approvals issued pursuant to the above must be within the terns of this contract, and shall not
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serve to increase the total estimated cost or the obligated amount of this contract, whichever is less (see Part
I, Section B.4 of this contract).
(g) Work Week
(1) Nonoverseas Employees. The length of the contractor's U.S., non-overseas employees workday shall
be in accordance with the contractor's established policies and practices and shall not be less than 8 hours per
day and 40 hours per week.
(2) Overseas Employee
- The work week for the Contractor's overseas employees shall not be less than 40 hours and shall be
scheduled to coincide with the work week for those employces of the USAID Mission and the Cooperation
Country associated with the work of this contract.
(h) Definitions
As used herein, the terms "Salaries," "Wages," and "Compensation" mean the periodic remuneration
received for professional or technical services rendered, exclusive of any of the differentials or allowances
defined in the clause of this contract entitled "Differentials and Allowances" (AIDAR 752.7028), unless
otherwise stated. The term "compensation" includes payments for personal services (including fees and
honoraria). It excludes earnings from sources other than the individual's professional or technical work,
overhead, or other charges (see also the clause of this contract entitled "Personnel Compensation" (AIDAR
752.7007).
H.7 SUBCONTRACTING PLAN AND THE SF 294 - SUBCONTRACTING REPORT
FOR INDIVIDUAL CONTRACTS AND SF 295 - SUMMARY CONTRACTING
REPORT
is hereby incorporated as a material part of this contract.
The Contractor's subcontracting plan dated
In accordance with FAR 52.219-9, SF 294 and SF 295 should be forwarded to the following address:
U.S. Agency for International Development
Office of Small and Disadvantaged Business Utilization
Room 7.08 RRB
Washington, D.C. 20523
H.8 AIDAR 752.7004 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 numbers), and the name of the contractor's home office staff member having
administrative responsibility for the contract.
(4) The name, address, and telephone numbers) of each individual's next of kin.
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(5) Any special instructions pertaining to emergency situations such as power of attorney designees
."."
or alternate contract persons.
H.9 SECURITY REQUIREMENTS:
(a) This contract may involve classified performance in accordance with Executive Order 12829, The
National Industrial Security Program, USAID's ADS Chapter 567 "Classified Contract Security and
Contractor Personnel Security Program" and, FAR Subpart 4.4 "Safeguarding Classified Information Within
" Industry". Consequently, this contract incorporates the minimum provisions needed to comply with the
National Industrial Security Program (NISP) and ADS 567, as summarized in paragraphs (b) through (g)
below. The requiring office for this contract must complete a DD 254, have it cleared by the Office of
Security (SEC), and include it with the Statement of Work for the classified contract. A blank copy of the
DD 254 is attached in Section J. Questions pertaining to the DD 254 are to be directed to the Office of
Security.
(b) In order to be considered for this classified contract, the contractor must obtain and maintain a "Facility
Clearance" at the level specified on the accompanying Contract Security Classification Specification, DD
Form 254. If after award of this contract the contractor fails to obtain and maintain a facility clearance at the
level identified on the DD Form 254 this contract will be terminated in accordance with the applicable
clauses as set forth in the FAR. Any requirement for a "Secret facility clearance must be justified and
approved by the Office of Security prior to the issuance of this contract at this level and before a company is
sponsored for the required investigation by the Defense Security Service. (Note: The time necessary to
process an un-cleared company for a facility clearance may delay performance). The CTO from the office
sponsoring the contract is responsible for coordinating with SEC in taking any actions ADS 567 requires to
request the facility clearance from the Defense Security Service (DSS). The CTO is responsible for
managing the clearance requirements for this contract.
(c) If DSS grants an interim clearance but then subsequently revokes the interim clearance after contract
award and denies a final clearance, the contract may be terminated, depending on the reasons DSS denied the
clearance.
(d) Employees of the Contractor working under this contract and requiring access to classified national
security information and/or to areas under the control of USAID deemed "Restricted" by USAID's Office of
Security must have been subject to an appropriate level background investigation by the Defense Security
Service (DSS). DSS must issue either an "Interim" or "Final" security clearance for each tasked employee
before USAID will grant him or her unescorted access to USAID's restricted spaces(s) or permit him or her
access to classified national security information. If DSS issues an interim personnel security clearance but
subsequently denies a final clearance for an employee of a cleared contractor, the contractor must
immediately remove the employee from USAD-restricted space and prevent him or her from having access
to or handling classified or administratively controlled materials. The contractor is responsible for providing
properly cleared personnel to work on the contract and for ensuring that performance is not jeopardized.
(e) The contractor's Facility Security Officer (FSO) must forward a valid "Visit Request" identifying their
representatives/employees and the required security clearance information to the USAID Office of Security,
Room 2.06A, 1300 Pennsylvania Ave., N.W., Washington, D.C. 20523-8800.
(t) In the event the contractor subcontracts any work to be performed under this contact, the contractor is
responsible for issuing the security guidance provided by USAID to any subcontractor and ensuring that
subcontractors comply with security requirements of the contract.
(g) The USAID Office of Security will issue RRB facility passes to individual contractor
representatives/employees upon receipt and verification of the security data contained in the "Visit
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Authorization Request". The contractor must ensure that any passes issued are returned upon termination of
employment or completion of the contract, whichever occurs first."
(h) Implementation in Iraq will not take place until an appropriate security environment exists and USAID
instructs the contractor to proceed. Currently there are several statutory restrictions on assistance to Iraq. No
assistance under this contract shall be provided to Iraq until USAID has determined that it is consistent with
U.S. foreign policy and permitted by law. In particular, the contractor shall not proceed with any payments
to local consultants until instructed by USAID. In addition, the contractor is subject to the requirements of
*the Office of Foreign Assets Control (OFAC) and is responsible for compliance with all applicable UN
sanctions against Iraq.
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(END OF SECTION H)
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