USAID Iraq contract document: ABTSec I

H16 SECURITY Special Security Conditions: U.S. Citizenship is required by the Chief of party, selected to perform under this Contract. At a minimum an "Interim Secret" personnel security clearance issued by the Department of Defense will be required before the issuance of a USAID/RRB Badge or permission to proceed to Post is granted. USAID/SEC will be responsible for validating security clearances of all proposed/ selected contractors and will work with the Facility Security Officer of the selected company to transmit security clearance data to U.S. Officials abroad where access to restricted sites and/ or facilities is necessary to accomplish the tasks) outlined in this SOW. No classified information will be provided to the contractor for the purpose of review, work, or storage at the contractor's facility, All access will occur at the Government's facility either within the U.S. or overseas. No duplication or retransmission of Classification National Security Information is permitted by the contractor without written authorization from the CTO. Any public release of information regarding this award must be approved in advance of release by the CTO (refer to Section H of this contract for specific security guidance). USAID anticipates that there may be some circumstances when the Contractor will need to meet with partners (e.g. USAID, DOD) at secure facilities and use classified information for planning purposes. As a result the contractor will need to have a secret facility clearance and secret clearance for key staff involved in PART IT - CONTRACT CLAUSES SECTIONI - CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Jumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATEI Y REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) fo DATE NUMBER TITLE FEDERAL AQQUISITION REGULATTON (48 CFR Chapter 1) DEC 2001 DEFINITIONS 52.202-1 52.203-3 APR 1984 GRATUITIES 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 52.203-6 THE GOVERNMENT JUL 1995 ANTI-KICKBACK PROCEDURES 52.203-7 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 52.203-8 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 52.203-10 IMPROPER ACTIVITY JUN 1997 LIMITATION ON PAYMENTS TO INFLUENCE 52.203-12 CERTAIN FEDERAL TRANSACTIONS AUG 1996 SECURITY REQUIREMENTS 52.204-2 PRINTED OR COPIED DOUBLE-SIDED AUG 2000 52.204-4 27 of 41 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT AUDIT AND REOORDS-NEGOTIATION 52.215-2 JUN 1999 52.215-8 OCT 1997 ORDER OF PRECEDENCE-- UNIFORM CONTRACT FORMAT PRICE REDUCTION FOR DEFECTIVE COST OR 52.215-10 OCT 1997 PRICING DATA - OCT 1997 PRICE REDUCIION FOR DEFECTIVE COST OR 52.215-11 PRICING DATA--MODIFICATIONS SUBCONTRACTOR COST OR PRICING DATA OCT 1997 52.215-12 SUBCONTRACTOR COST OR PRICING 52.215-13 OCT 1997 DATA-MODIFICATIONS INTEGRITY OF UNIT PRICES OCT 1997 52.215-14 ALTERNATE I (OCT 1997) OCT 1997 NOTIFICATION OF OWNERSHIP CHANGES 52.215-19 OCT 1997 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA 52.216-7 ALLOWABLE COST AND PAYMENT FEB 2002 FIXED-FEE MAR1997 52216-8 52.217-8 OPTION TO EXTEND SERVICES NOV 1999 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000 JAN 1999 NOTICE OF PRICE EVALUATION PREFERENCE 52.219-4 FOR HUBZONE SMALL BUSINESS CONCERNS 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JAN 2002 ALTERNATE II (OCT 2001) JAN 1999 52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS SUBCONTRACTING PLAN SMALL DISADVANTAGED BUSINESS OCT 1999 52.219-25 PARTICIPATION PROGRAM--DISADVANTAGED STATUS AND REPORTING CONVICT LABOR 52.222-3 AUG 1996 CHILD LABOR - COOPERATION WITH DEC2001 52.222-19 AUTHORITTES AND REMEDIES FEB 1999 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2002 EQUAL OPPORTUNITY 52.222-26 52.222-29 NOTIFICATION OF VISA DENIAL FEB 1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WIH JUN 1998 DISABILITIES 52.222-38 DEC2001 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS MAY2001 DRUG-FREE WORKPLACE 52.223-6 REFRIGERATION EQUIPMENT AND AIR 52.223-12 CONDITIONERS APR 1984 52.224-1 PRIVACY ACT NOTIFICATION APR 1984 PRIVACY ACT APR 1984 52.114-2 RESTRICTIONS ON CERTAIN FOREIGN 52.225-13 JUL 2000 PURCHASES --= 28 of 41 INCONSISTENCY BETWEEN ENGLISH VERSION 52.225-14 FEB 2000 AND TRANSLATION OF CONTRACT NOTICE AND ASSISTANCE REGARDING PATENT 52.227-2 AUG 1996 AND COPYRIGHT INFRINGEMENT RIGHTS IN DATA--GENERAL 52.227-14 JUN 1987 52.227-16 JUN 1987 ADDITIONAL DATA REQUIREMENTS 52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE APR 1984 BASE ACT) MAR1996 INSURANCE-LIABILITY TO THIRD PERSONS 52.228-7 COST ACCOUNTING STANDARDS APR 1998 52.230-2 52.230-6 ADMINISTRATION OF COST ACCOUNT STANDARDS NOV 1999 PAYMENTS 52.232-1 APR 1984 DISCOUNTS ON PROMPT PAYMENT MAY1997 52.232-8 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 TUN 1996 EXTRAS 52.232-11 TUN 1996 52.232-17 INTEREST AVAILABILITY OF FUNDS 52.232-18 APR 1984 LIMITATION OF FUNDS APR 1984 52.232-22 ASSIGNMENT OF CLAIMS 52.232-23 JAN 1986 DISPUTES 52.233-1 DEC 1998 ALTERNATE I (DEC 1998) PROTEST AFTER AWARD 52.233-3 AUG 1996 ALTERNATE I TUN 1985) RESTRICTION ON SEVERANCE PAYMENTS TO OCT 1995 52.237-8 FOREIGN NATIONALS WAIVER ON LIMITATION ON SEVERANCE 52.237-9 OCT 1995 ALTERNATE 1 JUN 1985) NOTICE OF INTENT TO DISALLOW COSTS 52.242-1 52.242-3 MAY2001 PENALTIES FOR UNALLOWABLE COSTS 52.242-4 JAN 1997 CERTIFICATION OF FINAL INDIRECT COSTS BANKRUPTCY 52.242-13 JUL. 1995 CHANGES--COST REIMBURSEMENT 52.243-2 AUG 1987 ALTERNATE II (APR 1984) NOTIFICATION OF CHANGES APR 1984 52.243-7 SUBCONTRACTS 52.244-2 AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETTTION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAY2002 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, JAN 1986 52.245-5 TIME AND MATERIALS, OR LABOR HOUR CONTRACTS) LIMITATION ON LIABILITY FEB 1997 52.246-23 52.246-25 LIMITATION OF LIABILITY-SERVICES = FEB 1997 52.247-63 PREFERENCE FOR U.S. FLAG CARRIERS JAN 1997 SUBMISSION OF COMMERCIAL TRANSPORTATION 52.247-67 JUN 1997 BILLS TO THE GENERAL SERVICES ADMINISTRATION FOR AUDIT FEB 2000 VALUE ENGINEERING 52.248-1 TERMINATION FOR CONVENIENCE 52.249-2 SEP 1996 SEP 1996 TERMINATION (COST-REIMBURSEMENT) 52.249-6 EXCUSABLE DELAYS APR 1984 52.249-14 52.251-1 GOVERNMENT SUPPLY SOURCES APR 1984 29 of 41 COMPUTER GENERATED FORMS JAN 1991 52.253-1 AIDAR 48 CFR Chapter 7 DEFINITIONS 752.202-1 SECURITY REQUIREMENTS 752.204-2 LANGUAGE AND MEASUREMENT 752.211-70 JUN 1992 752.225.71 LOCAL PROCUREMENT FEB 1997 752.226-2 APR 1997 SUBCONTRACIING WITH DISADVANTAGED ENTERPRISE 752.226-3 LIMITATIONS ON SUBCONTRACIING - JUN 1993 752.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) INSURANCE-LIABILITY TO THIRD PERSONS 752.228-7 MEDICAL EVACUATION (MEDVAC SERVICES 752.228-70 MAR1993 PERIODIC PROGRESS REPORTS 752.242-70 JUL 1998 752.245-70 GOVERNMENT PROPERTY-USAID REPORTING REQUIREMENTS TITLE TO AND CARE OF PROPERTY 752.245-71 APR 1984 BIOGRAPHICAL DATA 752.7001 JUL 1997 JAN 1990 752.7002 TRAVEL AND TRANSPORTATION APR 1984 752.7006 NOTICES PERSONNEL COMPENSATION 752.7007 JUL. 1996 752.7008 USE OF GOVERNMENT FACILITIES OR APR 1984 PERSONNEL 752.7010 CONVERSION OF U.S. DOLLARS TO LOCAL APR 1984 CURRENCY 752.7011 APR 1984 ORIENTATION AND LANGUAGE TRAINING CONTRACIOR-MISSION RELATIONSHIPS 752.7013 OCT 1989 NOTICE OF CHANGES IN TRAVEL REGULATIONS 752.7014 JAN 1990 USE Or TOUCHrAULTIES 752.7015 JUL 1997 HEALTH AND AOCIDENT COVERAGE FOR 752.7018 JAN 1999 USAID PARTICIPANT TRAINEES PARTICIPANT TRAINING 752.7019 JAN 1999 752.7023 REQUIRED VISA FORM FOR USAID APR 1984 PARTICIPANIS 752.7025 APPROVALS APR 1984 PERSONNEL 752.7027 DEC 1990 IFFERENTIALS AND ALLOWANCE 752.7028 JUL 1996 'OST PRIVILEGE JUL 1993 752.7029 752.7031 OCT 1989 LEAVE AND HOLIDAYS PHYSICAL FITNESS 752.7033 JUL 1997 752.7034 ACKNOWLEDGEMENT AND DISCLAIMER DEC 1991 PUBLICNOTICES 752.7035 DEC 1991 I.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were even in fell art, Ye segue, on Cly a thing if at wil sake their full ex available. Also, the fall exe -- 30 of 41 For Federal Acquisition Regulation (FAR) clauses: www.arnet.gov For USAID Acquisition Regulation (AIDAR) clauses: www.usaid.gov I.3 AIDAR 752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL. DISADVANTAGED BUSINESS CONCERNS (a) It is the policy of the United States that small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts fol subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) Definitions. As used in this contract (1) Small business concern means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. (2) HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (3) Small business concern owned and controlled by socially and economically disadvantaged individuals and small disadvantaged business concern mean a small business concern that represents, as part of its offer (i) It has received certification as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; (i) No material change in disadvantaged ownership and control has occurred since its certification; ) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104 (c)(2); and (iv) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO Net). (4) Small business concern owned and controlled by women means a small business concern-- i Which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and --= 31 of 41 (ii) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a HUBZone small business concem, a small business concem ownec and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women. USAID small business provision. To permit USAID, in accordance with the small business provisions of the Foreign Assistance Act, to give small business tims an opportunity to participate in supplying equipment supplies and services financed under this contract, the Contractor shall, to the maximum extent possible, provide the following information to the Office of Small and Disadvantaged Business Uttization (OSDBU), USAID, Washington, DC 20523-1414, at least 45 days prior to placing any order in excess of the simputied acquisition threshold except where a shorter time is requested of, and granted by OSDBU: (1) Brief general description and quantity of commodities or services; (2) Closing date for receiving quotations or bids; and (3) Address where invitations or specifications may be obtained. I.4 52.232-25 PROMPT PAYMENT (FEB 2002), ALTERNATE I (FEB 2002) Votwithstanding any other payment clause in this contract, the Government will make invoice payment inder the terms and conditions specified in this clause. The Government considers payment as being mad on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001; and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments-- (1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events: (A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a) (1) (il) of this clause) (B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (i) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements (2) Certain food products and other payments. -== = 32 of 41 (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-- (A) For meat or meat food products, as detined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery. (B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery. (C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983(7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to retrigerated products. When questions arise regarding the proper classitication of a specitic product, prevailing industry practices will be followed in specilying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation. (i) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a) (3)() through (a) (3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat tood products, or tish; 5 days for perishable agncultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) (ii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terns (e.g., shipment number and date of shipment, discount for prompt bals a ine) Bil lading number and wright of shipren wilhe shown for shipmens on Coverunkenn (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). --- 33 of 41 (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Infornation with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g., evidence of shipment). without incurring a late payment interest penalty. (i) The designated billing office received a proper invoice. (i) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (li) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315. = (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance peniod, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. == 34 of 41 (i) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes. (6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315. (7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only I-- (A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and (C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a) (()(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (i)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest is due; and (3) State that payment of the principal has been received, including the date of receipt. (B) If there is no postmark or the postmark is illegible- (1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or (2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand provided such date is no later than the 40th day after payment was made. i) The additional penalty does not apply to payments regulated by other Government regulations (e.g. payments under utility contracts subject to tariffs and regulation) (b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause. 35 of 41 (c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice. (d) Overpayments. If the Contractor becomes aware of a duplicate payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (e) Invoices for interim payments. For interim payments under this cost-reimbursement contract for services-- (1) Paragraphs (a) (2), (a) (3), (a)(4) (I), and (a)(5)(I) do not apply; (2) For purposes of computing late payment interest penalties that may apply, the due date for payment is the 30ch date after the designated billing office receives a proper invoice; and (3) The Contractor shall submit invoices for interim payments in accordance with paragraph (a) of FAR 52.216-7, Allowable Cost and Payment. If the invoice does not comply with contract requirements, it will be returned within 7 days after the date the designated billing invoice office received the invoice. 752.7016 Voluntary Population Activities. 1.5. The following clause is applicable to all contracts involving any aspect of voluntary population activities. VOLUNTARY POPULATION ACTIVITTES (March 1999) (2) Activities which provide family planning services or information to individuals, financed in whole or in ee under this icemen hal provide a brood rani pro in in latin to hods and services available ; (b) Requirements for Voluntary Family Planning Projects (1) A family planning project must comply with the requirements of this paragraph. -÷= (2) A project is a discrete activity through which a governmental or nongovemmental orgarization provides family planning services to people and for which "Development Assistance" funds, or goods of services financed with such funds, are provided under this agreement, except funds solely for the participation of personnel in short term, widely attended training conferences or programs. (3) Service providers and referral agents in the project shall not implement or be subject to quotas or other numerical targets of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning. Quantitative estimates or indicators of the number of births, acceptors, and acceptors of a particular method that are usedfor the purpose of budgeting, planning, or reporting with respect to the project are not quotas or targets under this paragraph, unless service providers or referral agents in the project are required to achieve the estimates or indicators. 36 of 41 (4) The project shall not include the payment of incentives, bribes, gratuities or financial rewards to (i) any individual in exchange for becoming a family planning acceptor or (i) any personnel performing functions under the project for achieving a numerical quota or target of total number of births, number of family lanning acceptors, or acceptors of a particular methodot contraception. This restriction apples to salanes o payments paid or made to personnel performing functions under the project if the amount of the salary o payment increases or decreases based on a predetermined number of births, number of family planning acceptors, or number of acceptors of a particular method of contraception that the personnel affect or achieve. (5) No person shall be denied any nght or benefit, including the right of access to participate in any program of general welfare or health care, based on the person's decision not to accept family planning services offered by the project. (6) The project shall provide family planning acceptors comprehensible information about the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method. This requirement may be satisfied by providing information in accordance with the medical practices and standards and health conditions in the country where the project is conducted through counseling, brochures, posters, or package inserts. (7) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which paricipars are advised of potential risks and (8) With respect to projects for which USAID provides, or finances the contribution of, contraceptive commodities or technical services and for which there is no subagreement or contract under paragraph (e) of this clause, the organization implementing a project for which such assistance is provided shall agree that the prover will comply with the requirementsof this paragraph while using such commodities or receiving such (9) 0) The contractor shall notify USAID when it learns about an alleged violation in a project of the requirements of subparagraphs (3), (4), (5) or (7) of this paragraph; (il) the contractor shall investigate and take appropriate corrective action, if necessary, when it learns about an alleged violation in a project of subparagraph (6) of this paragraph and shall notify USAID about violations in a project affecting a number of people over a period of time that indicate there is a systemic problemin the project. (m) The contractor shall provide USAID such additional information about violations as USAID may request. Additional Requirements For Voluntary Sterilization Programs (1) None of the funds made available under this contract shall be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive -== to any individual to practice sterilization. (2) The contractor shall ensure that any surgical sterilization procedures supported in whole or in part by funds from this contract are performed only after the individual has voluntarily appeared at the treatment facility and has given informed consent to the sterilization procedure. Informed consent means the voluntary, knowing assent from the individual after being advised of the surgical procedures to be followed, the attendant discomforts and risks, the benefits to be expected, the availability ol alternative methods of family planning, the purpose of the operation and its irreversibility, and the option to withdraw consent anytime prior to the operation. 37 of 41 An individual's consent is considered voluntary if it is based upon the exercise of free choice and is not obtained by any special inducement or any element of force, fraud, deceit, duress, or other forms of coercion or misrepresentation. (3) Further, the contractor shall document the patient's informed consent by i) a written consent document in a language the patient understands and speaks, which explains the basic elements of informed consent, as set out above, and which is signed by the individual and by the attending physician or by the authorized assistant of the attending physician; or (ii) when a patient is unable to read adequately, a written certification by the attending physician or by the authorized assistant of the attending physician that the basic elements of informed consent above were orally presented to the patient and that the patient thereafter consented to the performance of the operation. The receipt ol this oral explanation shall be acknowledged by the patient's mark on the certification and by the signature or mark of a witness who shall speak the same language as the patient. (4) The contractor must retain copies of informed consent forms and certification documents for each voluntary sterilization procedure for a period of three years after performance of the sterilization procedure Abortion restrictions No funds made available under this contract shall be used to finance, support, or be attributed to the tollowng activities: (1) procurement or distrbution of equipment intended to be used for the purpose of inducing abortions as a method of family planning; (1) special fees or incentives to women to coerce or motivate women to have abortions; (iii) payments to persons to perform abortions or to solicit women to undergo abortions; (iv) information, education, training, or communication programs that seek to promote abortion as a method of family planning; and (v) lobbying for abortion. (2) No funds made available under this contract will be used to pay for any biomedical research which elates, in whole or u slates, in so la mili pantino eiderio, er in detoriane of abions or involuntary ste elizaion consequences of abortions is not Requirement for Subagreements The contractor shall insert this provision in all subsequent subcontracts or subagreements involving family planning or population activities which will be supported in whole or in part with funds under this contract. (END OF CLAUSE) I. Amendment for FY 1999 Funding When FY 1999 funds for voluntary population activities are added to an existing award, clause 752.7016 entitled "Family Planning and Population Assistance Activities" (AUG 1986) must be amended to incorporate the requirements of the Tiahrt amendment to be applicable to activities undertaken using FY 1999 funds. Theretore, when FY 1999 tunds are added to an existing award that includes the clause at 752.7016, include the following language to amend the terms and conditions of award: "Funds made available under this amendment are subject to the following paragraph which is hereby included as the final paragraph of the clause entitled "Family Planning and Population Assistance Activities (AUG 1986)": (e) Requirements for Voluntary Family 38 of 41 Planning Projects (1) A family planning project must comply with the requirements of this paragraph. A project is a discrete activity through which a governmental or Nongovernmental organization provides family planning services to people and for which Development Assistance funds, or goods or services financed with such funds, are provided under this award, except funds solely for the participation of personnel in short-term, widely attended training conferences or programs. (3) Service providers and referral agents in the project shall not implement or be subject to quotas or other reporting with respect to the project are not quotas or targets under this paragraph, unless service providers or referral agents in the project are required to achieve the estimates or indicators. (4) The project shall not include the payment of incentives, bribes, gratuities or financial rewards to i) any individual in exchange for becoming a family planning acceptor or (ii) any personnel performing functions under the project for achieving a numerical quota or target of total number of births, number of family planning acceptors, or acceptors of a particular method of contraception. This restriction applies to salaries or payments paid or made to personnel performing functions under the project if the amount of the salary or payment increases or decreases based on a predetermined number of births, number of family planning acceptors, or number of acceptors of a particular method of contraception that the personnel affect or achieve. (5) No person shall be denied any right or benefit, including the right of access to participate in any program of general welfare or health care, based on the person's decision not to accept family planning services offered by the project. (6) The project shall provide family planning acceptors comprehensible information about the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method. This requirement may be satisfied by providing information in accordance with the medical practices and standards and health conditions in the country where the project is conducted through counseling, brochures, posters, or package inserts. (7) The project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided ouly in the context of a scientific study in which participanis are advised uf potential ists audi (8) With respect to projects for which USAID provides, or finances the contribution of, contraceptive commodities or technical services and for which there is no subaward or contract under paragraph (d) of this provision, the organization implementing a project for which such assistance is provided shall agree that the project will comply with the requirements of this paragraph while using such commodities or receiving such services. (8) (i) The contractor shall notify USAID when it learns about an alleged violation in a project of the requirements of subparagraphs (3), (4), (5) or (7) of this paragraph.. (il) The contractor shall investigate and take appropriate corrective action, if necessary, when it learns about an alleged violation in a project of subparagraph (6) of this paragrapk and shall notify USAID about violations in a project affecting a 39 of 41 number of people over a period of time that indicate there is a systemic problem in the project. (i) The contractor shall provide USAID such additional information about violations as USAID may request. (END OF CLAUSE) 1.6 COMMUNICATIONS PRODUCTS (OCT 1994) (a) Definition - Communications products are any printed materials (other than non-color photocopy material), photographic services or video production services. (b) Standards - USAID has established standards for communications products. These standards must be followed unless otherwise specifically provided in the contract or approved in writing by the contracting officer. A copy of the standards for USAID financed publications and video productions is attached (c) Communications products which meet any of the following criteria are not eligible for USAID financing under this agreement unless specifically authorized in the contract or in writing by the contracting officer: (1) All communications materials funded by operating expense account funds; 2) Any communication products costing over $25,000, including the costs of both preparation anc execution. For example, in the case of a publication, the costs will include research, writing and other editoria services (including any associated overhead), design, layout and production costs. (3) Any communication products that will be sent directly to, or likely to be seen by, a Member of Congress or Congressional staffer, and (4) Any publication that will have morè than 50 percent of its copies distributed in the United States (excluding copies provided to CDIE and other USAID/W offices for internal use. the product. Any subsequent request for approval of a covered communication product must provide the same type of cost information. 40 of 41