§ 7-7.001 References to "Government".

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

Subpart 7-7.1-Fixed-Price Supply Contracts

SOURCE: The provisions of this Subpart 77.1 appear at 30 F.R. 12978, Oct. 12, 1965, unless otherwise noted.

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

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

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

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

§ 7-7.101-14 Buy American Act.

The clause set forth in FPR 1-7.10114 is not generally included in AID contracts when more stringent source requirements are stated in the contract or when inclusion is not appropriate under FPR 1-6.104-5. (See Executive Order No. 11223, dated May 12, 1965, 30 F.R. 6635). Clauses setting forth the AID source restrictions will be included in AIDPR 7-6.5208 and AIDPR 7–16.

§ 7-7.101-19 Officials not to benefit.

If the procurement is made by an overseas field procurement activity or in other cases where appropriate, the following clause may be substituted for the provision in FPR 1-7.101-19.

UNITED STATES OFFICIALS NOT TO BENEFIT

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

§ 7-7.101-22 Federal, State, and local

taxes.

Whenever the FPR clauses are used and it is appropriate, the contract shall contain a provision explaining that the taxes referred to are United States Federal, State, and local taxes.

§ 7-7.101-34 Workmen's compensation insurance (Defense Base Act).

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

Subpart 7-7.6—Fixed-Price
Construction Contracts

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

(d) "Contract" includes each task order and the basic ordering agreement under which issued.

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

(f) "Cooperating Country or Countries" shall mean the foreign country or countries from which participants are selected.

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

(h) "Director" shall mean the individual who fills the AID position of Director, Office of International Training, or Director, Office of Public Safety, or their authorized representative, acting within the limits of their authority.

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

(j) "Employee" shall mean an employee of the Contractor assigned to work under this contract or task order.

(k) "Federal Procurement Regulations" (FPR) when referred to herein shall include AID Procurement Regulations (AIDPR).

(1) "Fees" shall mean those applicable charges directly related to enrollment in the Institution. This shall not include any permit charge (e.g., parking, vehicle registration), or charges for services of a personal nature (e.g., food, housing, laundry) unless specifically called for in the request placed hereunder.

(m) "Government" shall mean the U.S. Government.

(n) "Institution" shall mean the educational institution providing services hereunder. The terms "Institution" and "Contractor” are synonymous.

(o) "Participants" shall mean nationals of the Cooperating Country brought to the United States or to Third Countries for training.

(p) "Traveler" shall mean the Institution's employee or other person designated by the Contracting Officer or Director, as appropriate, engaged in offcial travel in execution of his duties hereunder.

(q) "Tuition" shall mean the amount of money charged by an institution for instruction, not including fees as defined above.

§ 7-7.5201-2 Travel and transportation.

TRAVEL AND TRANSPORTATION

The Contractor shall be reimbursed for necessary and actual transportation costs and travel allowances of travelers in accordance with the established practice of the Institution for travel within the United States directly referable to the Contract, provided they shall not exceed the rates and basis for computation of such rates as provided in the Standardized Government Travel Regulations, as from time to time amended. Such transportation costs shall not be reimbursed in an amount greater than the cost of, and time required for, economy class commercial air travel scheduled by the most expeditious route unless economy travel or economy travel space are not available and the Institution certifies to the facts in the voucher or other documents required to be submitted in accordance with the Clause of this Contract entitled "Method of Payment". § 7-7.5201-3 Changes in tuition and fees.

CHANGES IN TUITION AND FEES

While educational programs for participants will be established utilizing the Institution's currently applicable tuition and fee schedule, the parties understand that such standard tuition and fees may be subject to change during the course of the program. If such event results in an increase in the cost of the program, AID agrees to pay such increased standard tuition and fees in the next applicable academic term as a condition for the continuation of the program. If such change results in a decrease in the cost of the program, the Institution agrees to charge to AID only the amount of such revised standard tuition and fees in the next applicable academic term.

The Institution shall undertake to keep AID currently advised as to changes in its standard tuition and fees. At such time as increases in the amounts of tuition and fees result in there being inadequate funds remaining in this contract to meet the costs

of the next academic term, the Institution will so advise AID. AID may then provide such additional funds as are required to complete the program.

§ 7-7.5201-4 Conflicts between contract and catalog.

CONFLICTS BETWEEN CONTRACT AND CATALOG

In the event of any inconsistency between the provisions of this contract and any catalog, or other document incorporated in this contract by reference or otherwise or any of the Contractor's rules and regulations, the provisions of this contract shall govern. § 7-7.5201-5 Transcripts.

TRANSCRIPTS

At the end of each academic grading period, the Contractor shall send to the Director (or to such other address as the Director may specify) one copy of an official transcript showing all work by the student at the Contractor's institution until withdrawal or graduation.

§ 7-7.5201-6 Withdrawal of students. WITHDRAWAL OF STUDENTS

(a) The Government may, at its option and at any time, withdraw any student by issuing official orders terminating the student status of the person. The Government shall furnish a copy of such orders to the Contractor within a reasonable time after publication.

(b) The Contractor may request withdrawal by the Government of any student for academic or disciplinary reasons.

(c) If such withdrawal occurs prior to the end of a term, the Government shall pay any tuition and fees due for the current term in which the student may be enrolled, and the Contractor shall credit the Government with any charges eligible for refund under the Contractor's standard procedures for civilian students in effect on the effective date of such withdrawal.

(d) Withdrawal of students by the Government shall not be the basis for any special charge or claim by the Contractor other than as provided by the Contractor's standard procedures.

§ 7-7.5201-7 Method of payment.

METHOD OF PAYMENT

Claims for reimbursement covering training, services and/or facilities provided by the Institution under each task order will be paid upon submission by the Institution to the Controller, AID of Voucher Form SF-1034 (original) and SF-1034(a) three copies, properly executed and supported by documentation which shall include the following:

(a) For training of participants assigned to the Institution but not assigned for fulltime enrollment in regular classes during complete academic periods: name of par

ticipant(s) and PIO number, title of training program, exact dates of training or enrollment period and amount claimed therefor.

(b) For services of a Technical Leader, if authorized: name, salary rate, period of service, statement of travel itinerary, travel and transportation costs and allowances and the amount (by item) claimed therefor. All transportation claims shall be accompanied by carrier's receipts or other required evidence of payment.

(c) For transportation required and authorized in carrying out designated group training programs, all carrier claims shall be accompanied by receipts or other evidence of payment.

(d) For books, and training aids as specifiled in the applicable Task Order: Number and date of applicable task order and the Contractor's receipt appropriately detailed as to quantity, description and price.

(e) For all other services or items which may be specified under the applicable task order: A list of such services or items, amount of such service or item and basis for reimbursement claimed therefor.

(f) A certificate signed by an authorized representative of the Institution as follows:

"The undersigned hereby certifies: (1) That payment of the sum claimed under the cited task order is proper and due and that appropriate refund to AID will be made promptly upon request of AID in the event of nonperformance, in whole or in part, under the task order or for any breach of the terms of the task order, (2) that information on the fiscal report is correct and such detailed supporting information AID may require will be furnished on request, and (3) that all services called for by the task order to the date of this certification have been met.

as

(g) Where State law requires that the Institution retain all receipts or invoices the Institution may include a reference to such law and furnish, in lieu thereof, a detailed itemization of such receipts or invoices with payment indicated by the Institution's applicable check number.

§ 7-7.5201-8 Examination of records. EXAMINATION OF RECORDS

(a) (1) The Contractor agrees to maintain books, records, documents, and other evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the "records") to the extent and in such detail as will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract.

(2) The Contractor agrees to make available at the office of the Contractor at all

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reasonable times during the period set forth in subparagraph (4) below any books, documents, papers, or records of the Contractor, that directly pertain to and involve transactions relating to this contract or subcontracts hereunder for inspection, audit or reproduction by any authorized representative of the Comptroller General.

(3) In the event the Comptroller General or any of his duly authorized representatives determines that his audit of the amounts reimbursed under this contract as transportation charges will be made at a place other than the office of the Contractor, the Contractor agrees to deliver, with the reimbursement voucher covering such charges or as may be otherwise specified within years after reimbursement of charges covered by any such voucher, to such representative as may be designated for that purpose through the Office of the Controller of AID, Washington, D.C., such documentary evidence in support of transportation costs as may be required by the Comptroller General or any of his duly authorized representatives.

(4) Except for documentary evidence delivered to the Government pursuant to subparagraph (3) above, the Contractor shall preserve and make available his records (1) until expiration of 3 years after final payment under this contract or of the time periods specified in Part 1-20 of the Federal Procurement Regulations (40 CFR Part 1-20), whichever expires earlier; and (ii) for such longer period, if any, as is required by applicable statute, by any other clause of this contract, or by (I) or (II) below.

(I) If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of 3 years from the date of any resulting final settlement or of the time periods specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20), whichever expires earlier; and

(II) Records which relate to (A) appeals under the Disputes clause of this contract, (B) litigation or the settlement of claims arising out of the performance of this contract, or (C) cost and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized representatives, shall be retained by the Contractor until such appeals, litigation, claims, or exceptions have been disposed of.

or

(5) Except for documentary evidence delivered pursuant to subparagraph (3) above, and the records described in subparagraph (4) (II) above, the Contractor may in fulfillment of his obligation to retain his records as required by this clause substitute photographs, microphotographs, other authentic reproduction of such records, after the expiration of 2 years following the last day of the month of reimbursement to the Contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the Contracting Officer with the concurrence of the Comptroller

General or his duly authorized representative.

(6) The provisions of this paragraph (a), including this subparagraph (6), shall be applicable to and included in each subcontract hereunder which is on a cost, costplus-a-fixed-fee, time-and-material or laborhour basis.

(b) The Contractor further agrees to include in each of his subcontracts hereunder, other than those set forth in subparagraph (a) (6) above, a provision to the effect that the subcontractor agrees that the Comptroller General or any of his duly authorized representatives, shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods specified in Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20) whichever expires earlier, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor that directly pertain to and involve transactions relating to the subcontract. The term "subcontract," as used in this paragraph (b) only, excludes (1) purchase orders not exceeding $2,500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.

§ 7-7.5201-9 Audit and records.

AUDIT AND RECORDS

(a) The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. The foregoing constitute "records" for the purposes of this clause.

(b) The Contractor's facilities, or such part thereof as may be engaged in the performance of this contract, and his records shall be subject at all reasonable times to inspection and audit by the Contracting Officer or his authorized representative.

(c) The Contractor shall preserve and make available his records (1) until the expiration of 3 years from the date of final payment under this contract, and (2) for such longer period, if any, as it required by applicable statute, or by other clauses of this contract, or by (1) or (ii) below.

(1) If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of 3 years from the date of any resulting final settlement.

(ii) Records which relate to (A) appeals under the "Disputes" clause of this contract or (B) litigation or the settlement of claims arising out of the performance of this contract, shall be retained until such appeals, litigation, or claims have been disposed of. (d) (1) The Contractor shall insert the substance this clause, including the whole of this paragraph (d), in each subcontract

hereunder that is not on a firm fixed-price basis.

(2) The Contractor shall insert the substance of the following clause in each firm fixed-price subcontract hereunder in excess of $100,000, except those subcontracts covered by subparagraph (3) below.

AUDIT

(a) For purposes of verifying that cost or pricing data submitted in conjunction with the negotiation of this contract or any contract change or other modification involving an amount in excess of $100,000 are accurate, complete, and current, the Contracting Officer or his authorized representative shall, until the expiration of 3 years from the date of final payment under this contract, have the right to examine those books, records, documents, and other supporting data which will permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein, which were available to the Contractor as of the date of execution of his Contractor's Certificate of Current Cost or Pricing Data.

(b) The Contractor agrees to insert the substance of this clause including this paragraph (b) in all subcontracts hereunder in excess of $100,000, where the price is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation.

(3) The Contractor shall insert the substance of the following clause in each firm fixed-price subcontract hereunder in excess of $100,000, where the price is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public. or prices set by law or regulation.

AUDIT-PRICE ADJUSTMENTS

(a) This clause shall become operative only with respect to any change or other modification made pursuant to one or more provisions of this contract which involves a price adjustment in excess of $100,000, that is not based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation and further provided that such changes or other modification to this contract must result from a change or other modification to the Government prime contract.

(b) For purposes of verifying that any cost or pricing data submitted in conjunction with a contract change or other modification involving an amount in excess of $100,000 are accurate, complete, and current, the Contracting Officer, or his authorized representatives, shall, until the expiration of 3 years from the date of final payment under this contract, have the right to examine those books, records, documents and other supporting data which will permit