MS 744 Attachment E

MS 744 Attachment E

Medical Non-Host Country Resident Personal Services Contract

Revised: 00/00/000 Instructions for use of Contract

NOTE: This contract template is for use in awarding long-term Medical Personal Services Contracts (PSCs) to U.S. Citizen or Third Country National non-host country residents. This template conforms to the policies of Manual Section 744. The wording of clauses within this template is not to be modified without the written approval of the Head of the Contracting Activity at Peace Corps Headquarters.

The Contracting Officer should complete the blank spaces in contract section B.1.A.

This template is designed for use in awarding long-term contracts (260 workdays or more). The benefits authorized for use under this contract are those listed in Attachment I, Non-Host Country Resident PSC benefits, (a) Long Term US Citizen or TCN Temporarily Residing in the Host Country or Within Daily Commuting Distance; OR (b) Long Term US Citizen or TCN Residing Outside of Host Country and Not Within Daily Commuting Distance. The benefits included in the contract default to the benefits listed in section (b), and must be changed if the former situation applies.

Posts awarding long-term PCMC MS 744 PCMC contracts should use the contract award sheet found through the following link:

topics\MS 744 Post cover sheet.doc All long-term 744 PCMC contracts awarded through PC-Washington will use the following:

The Standard Form 26 is used for the contract award sheet and can be viewed through the following link: www.gsa.gov/Portal/gsa/ep/formslibrary.do?viewType=DETAIL&formId=5581FA27C1531C4985256A1F005A2D1D The Optional Form 336 is used for the contract award continuation sheet and can be viewed through the following link:

www.gsa.gov/Portal/gsa/ep/formslibrary.do?viewType=DETAIL&formId=FEC41F9E42F2332685256A730013306A

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. Contract Price A. Base Year and Options

Peace Corps shall pay the Contractor for satisfactory actual work performed under this contract at a rate of $_______ salary every two weeks for the period ______ through

________. This bi-weekly rate is derived by multiplying the negotiated daily rate by 10 days. The price of this contract excludes travel and per diem. The Contractor shall be provided a travel authorization and be reimbursed for allowable expenses and per diem in accordance with the Uniform Foreign Service Travel Regulations. The Contractor shall be paid for any orientation days in Washington authorized on a travel authorization and authorized participation in medical conferences overseas. The Contractor shall not be entitled to the daily compensation while in travel status. The Contractor shall not be entitled to compensation for days in sick status or in a medical clinic or hospital beyond the amount of the Contractor's accrued sick leave.

The pricing for option periods will be determined as follows:

1. For the first option through

, Peace Corps shall pay the Contractor a 3% raise plus COLA, provided that the total yearly salary does not exceed the maximum salary established for this position.

2. For the second option through

, Peace Corps shall pay the Contractor a 3% raise plus COLA, provided that the total yearly salary does not exceed the maximum salary established for this position.

3. For the third option period through

, Peace Corps shall pay the Contractor a 3% raise plus COLA, provided that the total yearly salary does not exceed the maximum salary established for this position.

B. Availability of Funds for the Next Fiscal Year (FAR 52.232-19, APR 1984)

Funds are not presently available for the option periods of this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

B.2. Pre-contract Costs

The Government will reimburse the Contractor for the pre-contract costs listed on page(s) 2 of the contract, which are to be itemized and billed by the Contractor on his/her payment voucher. Amounts cited for reimbursement to the Contractor are "Not to Exceed Amounts" and original receipts showing proof of purchase shall be required to substantiate any Contractor claims for reimbursement. Contractor should note that reimbursement must be sought via inclusion of claimed amount(s) in a voucher submitted pursuant to Section G.1.,"Billing," not as part of vouchers submitted for travel reimbursement under a travel authorization.

B.3.

Additional Benefits

The Contractor is entitled to only those benefits specified in the contract.

1.

Sick Leave - The Contractor shall earn four (4) hours sick leave during each two week billing period. Unused sick leave at the end of the contract will not be subject to a lump sum payment and will not be added to any subsequent contract.

Annual Leave – For the first three years of service, the Contractor shall earn four (4) hours annual leave during each two week billing period. After three years of fulltime service, the Contractor shall earn six (6) hours annual leave during each two week billing period (all fulltime employment with the U.S. Civil Service and all fulltime service as a Personal Service Contractor with Peace Corps in a leave accruing status, are creditable towards eligibility for this accrual rate of six hours annual leave during each two week billing period). Unused annual leave at the end of the contract will be paid out as a lump sum payment. Unused annual leave will not be added to any subsequent contract.

2.

The Contractor shall also be entitled to take country and U.S. holidays consistent with Peace Corps country policy for regular staff. The contractor shall not be paid any premium/overtime pay in the event he/she has to work on a holiday. The Contractor shall be entitled to compensatory leave. The accumulation of compensatory leave is within the sole discretion of the Peace Corps Country Director. A maximum of 24 hours can be accumulated by a Contractor at any one time under Post’s compensatory time policy. Under no circumstances will unused comp time be the basis for a lump sum payment.

3. Housing and paid utilities (except personal telephone use*) at an amount determined by the Country Director. The contractor will not be reimbursed for lodging costs when the contractor resides within a personally owned residence, or the residence of a family member or other person with whom the contractor has a close personal relationship.

*N.B. Peace Corps Medical Contractors (PCMC’s) are required, at their own expense, to maintain local telephone service in their residence in order to receive incoming calls. Peace Corps will pay for the installation of this service in the PCMC’s residence and will reimburse the PCMC for all toll calls related to official business.

4.

250 lbs. gross (packed weight) of personal effects for shipment via unaccompanied air freight from HOR or current contract place of performance to country and return to HOR at the end of the contract for the contractor, 200 lbs. gross (packed weight) for the first dependent, 150 lbs. gross (packed weight) for the second dependent, and 100 lbs. gross (packed weight) for each additional dependent.*

5.

The Contractor may store up to 14,000 lbs. of personal effects (not automobiles) in the U.S. Of the 14,000 lbs., 2,500 lbs. may be shipped by surface/sea freight for a single person, 3,500 lbs. for a married person with spouse, and 500 lbs. for each additional dependent from the HOR to country and return to HOR at the end of the contract.*

* N.B. Peace Corps does not pay insurance on items shipped or in storage. The Contractor should arrange and pay for this separately.

6.

For the first twenty-four (24) months of service abroad, the Contractor shall earn ten (10) days home leave. The Contractor is entitled to home leave if he/she completes twenty-four (24) months of continuous service abroad and if he/she and the Peace Corps agree to extend the contract for an additional twenty-four (24) months of service for a total of at least forty-eight (48) months abroad. If the Contractor completes 48 months of continuous service abroad and the Contractor and Peace Corps agree to a continuation of services for an additional two years under a new contract, the Contractor will be entitled to 10 days of home leave upon execution of the new contract. Subsequent to the initial 48 months of service, the Contractor is entitled to 10 home leave days after completing each twenty-four month period of continuous service abroad and upon agreeing to extend their service thereafter for two additional years. Accrual of home leave days shall begin upon the signing of the base year and Option Year 2 year of each contract.

It is intended that home leave be taken between contract periods. However, under extraordinary circumstances and with the consent of the Country Director, the period in which the home leave must be taken may be extended to include a period of up to six (6) months prior to the completion of the 24th month, or twelve months following the 24th month. If home leave is not used during this period, it will be deemed forfeited and will not be the basis for lump-sum payment. Home leave may be granted in combination with other earned leave at the Country Director's discretion and may only be used to travel to the PSC’s Home of Record (HOR), or to another location in the country of the PSC’s HOR, provided that the cost does not exceed the cost to the HOR. Payments of “cash in lieu” or “constructive travel” arrangements, whereby the traveler would re-route their travel to a destination other than HOR and assign the monies intended for the travel to HOR to pay for all or part of the travel to another location, are prohibited. Peace Corps will provide the Contractor and authorized dependents one round-trip ticket to the Contractor's Home of Record (HOR) or an alternate destination as described above. Should the Contractor fail to complete a full twenty-four months of continuous service after taking home leave, the Contractor must make a pro rata refund of home leave, travel, and travel allowance costs unless the contract was terminated for convenience of the Peace Corps. The following examples are to be used as guidance for calculating the refund.

If the contractor takes home leave after two years of continuous service and then only returns to Post for 12 of the required 24 months, the rate of refund will be calculated using 48 months as the basis (i.e. If 36 months completed, 36/48 = 75% time completed toward 48 months. Thus, 25% of all home leave costs must be refunded to the PC).

If the contractor takes home leave between completion of a 48 month contract and upon signing a new contract and then only returns to Post for 14 of the required 24 months, the rate of refund will be calculated using 24 months as the basis (ie. If 14 months completed, then 14/24 = 58% of time completed toward 24 months. Thus, 42% of all home leave costs must be refunded to the PC).

Home leave travel costs and allowances shall be in accordance with Government Standardized Regulations. In conjunction with home leave, an air freight shipment is authorized from post to Home of Record (HOR) and from HOR back to post (see above for air freight weight allowances). If the PSC’s post of assignment is an authorized consumables post, the PSC is also authorized a consumables shipment NTE 2500 lbs from HOR back to post.

7.

Malaria prophylaxis, from the Peace Corps medical supplies, where medically indicated in country, for the Contractor and authorized dependents.

8.

Consumables allowance in the same amount and under the same conditions as for non-resident long-term direct hire U.S. Peace Corps staff.

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1. Statement of Work

The services to be performed will be subject to the ultimate responsibility and authority of the Peace Corps Country Director who is responsible for all Peace Corps activities in the host country. The Country Director may designate another member of the Peace Corps staff to monitor and provide technical or administrative guidance regarding the services required by this contract.

A. Services to be provided

See Attachment, “Statement of Work”

In the event a security clearance is required by the Peace Corps and the contractor fails to receive the appropriate clearance, this contract will terminate upon notification to the contractor that the clearance has been denied.

SECTION D - PACKAGING AND MARKING

D.1. Packaging Preservation, packaging and packing for shipment or mailing of all work delivered hereunder shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation to the destinations at the most economical rate(s).

D.2. Report Format If required in Section C.1, Statement of Work, the contractor may be required to submit an interim or final report. When required by the Peace Corps, the Contractor shall deliver each report in camera ready copy and on a computer diskette in a compatible electronic format. Each report shall be accompanied by a letter or other document that identifies the item by contract and/or name of program under which the item is being delivered.

SECTION E - INSPECTION AND ACCEPTANCE

E.1. Inspection and Acceptance

Inspection and acceptance of the services and/or supplies called for herein shall be performed by the Peace Corps Contracting Officer, Country Director, or his/her designee.

E.2. Clauses Incorporated by Reference (FAR 52.252-2, FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: www.arnet.gov 52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1. Period of Performance

Changes to the period of performance specified in section B.1.A. shall not be made without specific written approval of the Contracting Officer.

This contract is renewable for 3 one-year periods. The first option period, if approved, is to be unilaterally exercised at the discretion of the Peace Corps. If exercised, the contractor is obligated to perform during the first option year. The second and third option periods are bilateral, and the Peace Corps and contractor must agree to the exercise of the options. Peace Corps agrees to give the contractor thirty (30) days notice of its intent to exercise each option.

F.2. Delivery Requirements

A.

Interim Reports The Contractor shall submit written reports as may be called for from time to time by the Peace Corps Country Director or his/her designee. These reports, if requested, shall include, but not be limited to, the following areas:

1) A candid assessment of the post’s health care program and the potential of success in accomplishing the goals of the program.

2) Major problems that arose and recommendations for anticipating and minimizing such problems in the future.

3) Recommendations for improvements of the health care delivery system.

B.

Final Report If required in Section C.1, Statement of Work, a final report, covering the subjects indicated above, may be required by the Contracting Officer or his/her designee, Peace Corps, Washington, DC before final payment will be authorized.

C.

Medical Reports The Contractor shall submit a medical report of incidence of disease and any other reports required or as provided by the technical guidelines and a biannual evaluation of the in-country health care program to the Medical Director in Washington. Such reports shall be in the format and detailed as prescribed by the Office of Medical Services.

F.3. Release of Information

All rights in data and reports produced under this contract shall become the property of the U.S. Government. All information gathered under this contract by the contractor and all reports and recommendations hereunder shall be treated as privileged information by the contractor and shall not be made available to any person, party, or government, other than the Peace Corps, except as otherwise expressly provided in this contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. Billing

The Contractor’s proof of services provided will be documented on a bi-weekly basis using a Post-controlled timesheet submitted to the Peace Corps Country Director or designated Certifying Officer, duly signed by the Contractor and Country Director or designated Certifying Officer. Using the Human Resources Management System (HRMS) module, the Peace Corps Country Director, or his/her designee, will process all payments with the exception of the final payment (see Clause G.2., below) which will be manually processed by the Office of Acquisition and Contract Management in Washington. In order for PC to issue appropriate 1099 forms to the Contractor, pre-contractual (non-taxable) costs must be submitted for reimbursement on a separate voucher(s) from compensation processed through HRMS or manual vouchers submitted for compensation payment(s), which are considered taxable income.

Documentation: Excluding payments processed using the HRMS Module, all billings (vouchers) will set forth the following information:

1. Electronic Funds Transfer (EFT) information, if not already submitted.

2. Period covered by the billing, and amount.

3. Date Contractor began work in country.

4. Original proof of purchase documentation for pre-contract reimbursable costs.

5. Contractor’s signature

All billings shall contain a written certification that "the personal services listed hereon were required by and used in the performance of the work under the contract referred to on this voucher and that payment therefore has not been received." The Contractor and the Peace Corps Country Director or his/her designee shall manually sign the certification on the original PC 2059 (see attachment) or its equivalent.

NOTE: For all contract payments, no payments shall be made using the Imprest Fund unless approved by the Chief Financial Officer (CFO) at Peace Corps Washington or his designee. All payments shall be made in the currency of the award.

G.2. Final Payment and Contract Closeout

Prior to final payment under the contract, the Contractor shall execute and deliver a release (See Attachment “Contractor’s Release”) discharging the Government, its officers, agents and employees from all liabilities, obligations and claims arising out of or under the contract. The final billing (voucher), along with the Contractor's Release, shall be submitted to the Peace Corps Contracting Officer for payment and contract closeout. In addition to the information listed above in Section G.1, the final billing shall include the amount paid to the Contractor prior to final billing and the period covered by these payments. The final payment will not be released until the Contractor liquidates all outstanding travel advances by submitting the necessary vouchers and payments.

G.3 Mandatory Information for Electronic Funds Transfer Payment

(a) The Contractor is required, as a condition to any payment under this contract, to provide Peace Corps with the information required to make payment by Electronic Funds Transfer (EFT). Prior to submission of the first request for payment under this contract, the Contractor shall provide the following information on the form provided to them.

(i) Name, address, 9-digit Routing Transit Number of the Contractor's financial institution);

(ii) Contractor's account number and the type of account (checking, saving, or lockbox).

(b) If the Contractor's financial institution is not directly on-line to the Federal Reserve Wire Transfer System (i.e., stock brokerage, foreign bank, etc. and therefore, not the receiver of the wire transfer payment), the Contractor shall also provide the name, address and 9-digit Routing Transit Number of the correspondent financial institution (i.e., U.S. bank) receiving the wire transfer payment.

(c) Notwithstanding the provisions of any other clause of this contract, Peace Corps is not required to make any payment under this contract until after receipt, by the designated payment office, of the correct EFT payment information for the Contractor. Until receipt of the correct EFT information, any invoice shall be deemed not to be a valid invoice as defined in the Prompt Payment clause of this contract.

(d) If the EFT information changes after submission of correct EFT information, Peace Corps shall begin using the changed EFT information no later than the 30th day after its receipt to the extent payment is made by EFT. However, the Contractor may request that no further payment be made until the payment office implements corrected EFT information. If such suspension would result in a late payment under the Prompt Payment clause of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfer using the EFT methods described in paragraph (a) of this clause. The Contractor shall pay all fees and charges for receipt and processing of transfers.

(f) If an uncompleted or erroneous transfer occurs because Peace Corps failed to use the Contractor-provided EFT information in the correct manner, Peace Corps remains responsible for--

(i) Making a correct payment

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(g) If an uncompleted or erroneous transfer occurs because Contractor-provided EFT information was incorrect at the time of Government release of the EFT payment transaction instruction to the Federal Reserve Systems and:

(i) If the funds are no longer under the control of the payment office, Peace Corps is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, Peace Corps retains the right to either make payment by mail or suspend the payment in accordance with paragraph (c) of this clause.

(h) A payment shall be deemed to have been made in a timely manner in accordance with the Prompt Payment clause of this contract if, in the EFT payment transaction instruction given to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(i) When payment cannot be made by EFT because of incorrect EFT information provided by the Contractor, no interest penalty is due after the date of the uncompleted or erroneous payment transaction, provided that the notice is issued to the Contractor within 7 days after Peace Corps is notified of the defective EFT information.

(j) If the Contractor assigns the proceeds of this contract as provided in the Assignment of Claims clause of this contract, the assignee shall provide Peace Corps with the assignee EFT information in accordance with paragraphs (a) and (b) of this clause.

(k) If the Contractor does not wish to receive payment by EFT methods for one or more payment, the Contractor may submit a request to the designated payment office to refrain from requiring EFT information or using the EFT payment method. The decision to grant the request is solely that of Peace Corps.

(l) The Contractor agrees that the Contractor's financial agent may notify Peace Corps of a change to the routing transit number, Contractor account number or account type, as if the Contractor provided it. Peace Corps shall use the changed data in accordance with this clause.

G.4. Contract Management

Notwithstanding the Contractor's responsibility for total management during performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of the contract.

(a) Contracting Officer--All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the statement of work shall be effected without the written modification to the contract executed by the Contracting Officer authorizing such changes.

(b) Contracting Officer's Representative--The Peace Corps Country Director will serve as Contracting Officer's Representative (COR) and has the authority to monitor all technical aspects and assist in administering the contract. The type of actions within the purview of the COR's authority are: 1) to assure that the Contractor performs all the technical requirements of the contract; 2) to perform or cause to be performed inspections necessary in connection with performance of the contract; 3) to maintain both written and oral communication with the Contractor concerning the aspects of requirements of Government drawings, designs and specifications; 4) to monitor the Contractor's performance under the contract and notify the Contractor and Contracting Officer of any deficiencies observed; and 5) to coordinate Government furnished property availability and provide for site entry of the Contractor.

(i) The COR is not authorized to change any of the terms and conditions of this contract. Changes in the statement of work will only be made by the Contracting Officer by a properly signed written modification to the contract.

(ii) The COR is not authorized to re-delegate his or her authority.

(iii) The COR is not authorized to initiate acquisition actions by use of imprest funds, blanket purchase agreement or purchase orders, to place calls or delivery orders under basic agreement, basic ordering agreements or indefinite delivery type contracts.

G.5. Contract Number Identification

The Contractor agrees to utilize the number of this contract on all correspondence, communications and data concerning this contract or delivery hereunder.

G.6. Withholding of Contract Payments

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due, or failure to perform or deliver required equipment, supplies and services will result in the withholding of payments under this contract, unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor, as provided for in the clause entitled "Government Delay of Work," "Breach of Contract Termination," or "Termination" as applicable. The Government shall promptly notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

G.7. Evaluation Evaluation of the Contractor's services shall be the responsibility of the Peace Corps Country Director and the Area Peace Corps Medical Officer (APCMO), where appropriate, the designated International Health Coordinator (IHC) and the Chief of Clinical Programs. The Contractor agrees to cooperate in any such evaluation. The appropriate form for evaluation is the Peace Corps Medical Officer Performance Evaluation Form (Attachment D to MS 744). For evaluation purposes, the Peace Corps may at any time utilize inspection trips, field observers or other suitable means.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. Peace Corps Responsibilities

A.

Supplies, Materials, Equipment

The Government agrees to provide to the Contractor all required supplies, materials, and equipment necessary for the performance of the services required.

B.

Travel

The payment contained in Section B.2. of this contract does not include any costs for travel. The Government will arrange for and pay, subject to the provisions of Section I.1., paragraph B., the travel costs to and from the site as follows: (1) If travel begins from the Contractor's place of residence, round trip travel costs between the place of performance and residence; or (2) If travel begins at a place other than the Contractor's residence, round trip travel costs between the place of performance and that place; and (3) All other travel costs necessary for the performance of the contract. Travel will be performed under Government Travel Orders issued in connection with this contract and no travel is authorized under this contract until the contract is fully executed by both parties.

All air travel called for in the performance of this contract shall be scheduled and undertaken in accordance with Section I.1. of this contract.

C.

Per Diem

The payment contained in Section B.2. of this Schedule does not include per diem for the Contractor during the performance of this contract. The Contractor agrees to accept and Peace Corps agrees to provide suitable housing in conjunction with travel authorized in performance of this contract. The Peace Corps Country Director will determine whether suitable housing is available. The contractor will not be reimbursed for lodging costs when the contractor resides within a personally owned residence, or the residence of a family member or other person with whom the contractor has a close personal relationship.

Per diem for in-country services under this contract, when authorized, will be paid in accordance with the prevailing Peace Corps in-country per diem rate(s) established for the locality pursuant to Peace Corps Manual Section 813. Contractor is advised that such rates as authorized by the Peace Corps Country Director will normally be less than, but in no event may exceed, the per diem rates authorized in the Standardized Regulations (Government and Civilian Foreign Areas) issued by the U.S. Department of State. All per diem is based on a lodging-plus system, which limits reimbursement to actual lodging expenses plus an amount for meals and incidental expenses (M&IE). In all instances, where Peace Corps provides housing, no lodging expense is allowed. When meals are provided totally or partially at Government expense, the M&IE allowance will be reduced in accordance with Peace Corps policy.

H.2. Per Diem Advance

For travel between the Contractor's H.O.R. and the country where work is to be performed, under authorizations issued in conjunction with the performance of work called for under this contract, the Contractor is authorized to draw a travel advance in accordance with the Standardized Federal Regulations. In event there is insufficient time between execution of the contract and the actual departure date for overseas, it may not be possible to ensure receipt of a travel advance prior to departure.

`H.3. Contractor Status

It shall be recognized at all times that the Contractor is engaged by contract, that he/she is not an employee of the Peace Corps, and that he is not entitled to any employee benefits. Accordingly, for purposes of Social Security, the Contractor is in the "self-employed" category and the Government will not make any contributions as it does in the case of employees. Peace Corps will report the Contractor's earnings to the Internal Revenue Service. The Contractor is personally responsible for also reporting these earnings on his/her income tax return and any required Declaration of Earnings.

If, at any time during the effective period of this contract, the Contractor should be appointed to a regular position in Peace Corps, or elsewhere in the service of the U.S. Government, the contract is automatically terminated.

H.4. Contractor-Peace Corps Relations A. The contractor acknowledges that this contract is important in support of the Peace Corps host country operations and agrees that his/her performance will be carried out in such a manner as to be fully commensurate with the responsibilities that this entails. The contractor shall show respect for the conventions, customs, and institutions of the host country.

B.

The Peace Corps Country Director is the chief representative of Peace Corps in the host country. In this capacity, he/she is responsible for the total Peace Corps program in the host country including certain administrative responsibilities set forth in this contract and for advising Peace Corps regarding the performance of work under this contract and its effect on the overall Peace Corps program. The Contractor will be responsible for performing his/her duties in accordance with the Statement of Work attached hereto. However, he/she shall keep the Country Director or his/her designated representative informed of the progress of the work under this contract.

C. Fraternization. The Contractor shall not date or have any personal relationships (e.g. intimate physical or sexual relationship) with any Volunteer. While contractors are not employees of the Peace Corps, the spirit of the Peace Corps’ fraternization policy for staff members, set forth in Interim Policy Statement No. 1-03, shall be followed. A written copy of the interim policy statement is available upon request from the Contracting Officer. Dating under the fraternization policy means a social/personal engagement as opposed to a professional appointment or office social event. Having a group over for a cookout or dinner does not constitute dating, but having an individual over or taking an individual out for a meal or entertainment where there is no legitimate professional nexus to the activity does.

D. Standards of Conduct. The Contractor shall adhere to the Peace Corps’ Standards of Conduct (MS 641). While contractors are not employees of the Peace Corps nor supervise Peace Corps employees, the spirit of the Peace Corps’ Standards of Conduct for staff members shall be followed. Further consider the Standards of conduct applicable for other Peace Corps contractors with whom you are responsible to coordinate work within the terms of this contract. A written copy is available upon request from the Contracting Officer.

E. If the contractor’s conduct is not in accordance with paragraph A, B, C and D, above, the contract may be terminated.

F. The Contracting Officer’s Representative (COR) for this contract is indicated in clause G.4.b., Contract Management. The COR will monitor contractor performance and notify the contractor and Contracting Officer of any deficiencies. The COR is not authorized to change any of the terms and conditions of this contract. Changes may only be made by a properly signed written modification to the contract signed by the Contracting Officer.

G. Cooperation with the Inspector General. Contractors will report promptly suspected wrongdoing, including instances of fraud, waste, abuse, and mismanagement involving Peace Corp personnel, staff, Volunteers, programs, contractors, and operations as well as criminal, civil, and administrative misconduct and other violations of law, regulations, and non-compliance with Peace Corps policies and procedures. In accordance with the requirements outlined in Peace Corp Manual MS 861, Contractors will cooperate fully and promptly with requests by the Inspector General for information and data relating to Peace Corps programs, including by providing or making available all requested records, reports, memoranda and other information which are in their possession and by cooperating fully and truthfully with the OIG during the course of an audit, investigation, or evaluation. Knowingly furnishing false or misleading information to an OIG representative during the course of an authorized OIG function or unreasonable refusal to answer questions or provide information or documentation reasonably related to any authorized OIG function may result in termination of this contract or other appropriate action. See PC MS 861 for further guidance

H.5. Contract Registration If local law or decree requires that one or both parties to this contract register it with designated authorities to ensure compliance with such law or decree, the entire burden of such registration shall rest upon the Contractor.

H.6. Taxes The Contractor is solely responsible for the payment of all taxes and any other charges of a public nature which are or may be assessed against this contract or the Contractor.

H.7. Compliance with Local Laws

The Contractor shall comply with all applicable laws and all rules and regulations having the force of law which deal with or relate to the performance of this contract. The contractor also agrees to immediately notify the Country Director if the contractor is arrested or charged with any offense during the term of this contract. A failure to notify on the part of the contractor shall constitute inadequate performance.

H.8. Contractor Liability 1) Section 10(j) of the Peace Corps Act, 22 U.S.C. 2509(j), provides malpractice indemnity for personal services contractors furnishing medical services to Peace Corps Volunteers and Trainees.

2) Insert the following in contracts with contractors who are authorized the non-exclusive use of Peace Corps vehicles:

“In consideration of the agreement of the Peace Corps to permit the Contractor to use a Peace Corps vehicle, it is agreed that the Contractor will be solely responsible for any claim arising from an accident involving a Peace Corps vehicle that occurs while the vehicle is in the possession of the Contractor.

Therefore, the Contractor shall hold and save Peace Corps, its officers, agents and employees harmless from all liability for any costs and expenses, for or on account of any or all suits or damages of any character whatsoever, resulting from injuries or damage sustained by any person or persons or property by virtue of performance of this contract.

Furthermore, the Contractor agrees to indemnify the Peace Corps for any liability that the Peace Corps incurs as a result of such a claim, including reasonable attorney's fees. The Contractor agrees that any settlement entered into by the Peace Corps with respect to such an accident is conclusive with respect to the Contractor.

The Peace Corps agrees to give notice to the Contractor of any claims made against it as a result of any such vehicle accident, and agrees not to enter into any settlement agreement with respect to any such claim unless the Contractor fails to assume full responsibility for the defense thereof without cost to the Peace Corps.”

NOTE: The Contracting Officer may substitute an appropriate indemnification provision in contracts providing for exclusive use of a Peace Corps vehicle by a contractor.

H.9. Health and Accident Insurance Requirements

The Contractor is required to carry health and accident insurance during the performance period of this contract, which provides a minimum of $10,000.00 coverage. This is a pre-contract cost that can be reimbursed up to the not-to-exceed limit set-forth on page 2 of the contract.

The Contractor shall provide sufficient proof of such insurance coverage to the Contracting Officer prior to the execution of this contract and the execution of option periods.

Peace Corps will not be responsible for providing medical care or treatment to the Contractor in the event of illness of injury. Contractors are encouraged to consider the limitations in their present medical coverage and decide whether additional coverage is needed.

H.10. Third Party Liability Insurance Requirement

The Contractor is required to carry comprehensive general liability ($25,000.00 bodily and property damage) insurance. The Contractor will provide sufficient proof of such insurance coverage to the Contracting Officer prior to the execution of this contract and the execution of option periods. This is a pre-contract cost that can be reimbursed up to the not-to-exceed limit set-forth on page 2 of the contract.

The Contractor is authorized to use a Government-furnished vehicle for conducting Peace Corps business only after he/she has secured and currently maintains comprehensive automobile liability ($25,000.00 bodily and property damage) insurance.

H.11. Medical Emergency Evacuation Insurance The Contractor is required to carry medical evacuation insurance for himself or herself and their accompanied dependents. The Contractor shall provide sufficient proof of such insurance coverage to the Contracting Officer prior to the execution of the contract and the execution of option periods. This is a pre-contract cost that can be reimbursed up to the not-to-exceed limit set-forth on page 2 of the contract.

H.12. Subcontracts

No part of this contract shall be subcontracted or assigned by the Contractor.

H.13. Publicity

The Contractor shall make no publicity announcements or issue other public relations material mentioning the Contractor's connection with Peace Corps without the advance written concurrence of the Contracting Officer.

H.14. Foreign Currency

The Contractor shall, to the maximum extent possible, exchange United States currency for local currency in-country through a Disbursing Officer of the United States or through an exchange source designated by the United States Embassy.

H.15. Cost Reimbursement The contractor, with the CD’s prior written approval, shall be reimbursed in local currency for the necessary and reasonable costs of supplies and/or services acquired by the Contractor overseas for the conduct of the contract objectives.

In order to obtain reimbursement for reimbursable costs, the Contractor shall submit a signed invoice itemizing purchases, supported by original receipts, and prior written approval of CD on a bi-weekly basis. If prior written approval of the CD is not received then reimbursement will not be approved.

H.16.

Confidentiality

It is understood that the Contractor shall comply with the provisions of the Privacy Act, 5 U.S.C. 552a, and the policies of the Peace Corps concerning the use and disclosure of information, including but not limited to individually identifiable health information. The Contractor shall maintain the confidentiality of protected information, but will extend confidentiality to the Country Director and other appropriate Peace Corps staff to the extent that they need to know the information to perform their duties. Failure of the Contractor to comply with these requirements shall be grounds for the immediate termination by the Peace Corps Contracting Officer under the termination clause of this contract . The Contracting Officer shall determine as a question of fact whether the Contractor has violated such requirements concerning confidentiality.

H.17.

False Statements The Contractor in executing this contract certifies that the information provided to the Contracting Officer by the contractor was full, accurate, and complete. The penalty for false statements is prescribed in 18 U.S.C 1001.

H.18.

Records The Contractor shall maintain appointment books, medical records, documents, prescriptions notations and other evidence of services rendered under this contract. The records shall be subject at all reasonable times to inspection and audit by the Director, Office of Medical Services, or his or her authorized representative.

H.19.

Training

In the event the Contractor receives pay as well as some or all of the additional expenses incurred for non-government training that exceeds 40 hours, to include Continuing Medical Education (CME) and Medical Overseas Staff Training (MOST) conferences, the Contractor agrees to execute a Continued Service Agreement (MS744, Attachment B) before actually taking the training. The Agreement shall require the Contractor to continue providing services to the Peace Corps for a period equal to at least three times the length of the training period, unless the contract is involuntarily terminated; and to reimburse the Peace Corps the amount for the additional training expenses in the event the Contractor voluntarily terminates the contract before the training or the required period of continued service is completed.

A Contractor, whose next option period will be exercised in the three months following a scheduled CME or MOST conference, will be invited in accordance with the Office of Medical Service's practice.

In the event the contractor fails to complete any contract year, base year or any option period, the contractor herein agrees that he or she shall be responsible for reimbursing the Government for any training expenses the Government has incurred on behalf of the contractor during that period unless the contract has been terminated for the convenience of the Peace Corps.

SECTION I - CONTRACT CLAUSES

I.1. Preference for U.S.-Flag Air Carriers (FAR 52.247-63, June 2003)

(a) Definitions. As used in this clause—

“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

(b) Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

(c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

(d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers

International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section 47.403 of the Federal Acquisition Regulation): [State reasons]:

(End of statement)

I.2. Government Property

The Government agrees to provide the Contractor the following supplies, materials and/or equipment for use in the Contractor's performance of services:

A.

All required and proper medical supplies and medicines including biologicals for the Contractor's treatment of Peace Corps Trainees and Volunteers. Such supplies and medicines shall be used exclusively for the treatment of Peace Corps Volunteers and Trainees and other persons deemed eligible by the Country Director, except that the Contractor shall be permitted to use malaria prophylaxis from the Peace Corps inventory for the Contractor and any authorized dependent.

B.

A Peace Corps motor vehicle, including maintenance and fuel, for official use in the performance of this contract. The Contractor may be liable for accidents or injuries resulting from operation of a Peace Corps furnished vehicle. The Country Director may authorize in writing, under extraordinary circumstances, use of a privately owned vehicle, including payment of a mileage allowance, if a Peace Corps vehicle is not available. If an accident occurs during an authorized business use of a privately-owned vehicle, the Peace Corps will not be responsible for third-party claims that are covered by private insurance, nor will the Peace Corps pay the contractor for damage to the vehicle. In addition to a valid driver's license for the country of assignment, the Contractor shall maintain at a minimum, such vehicle and comprehensive liability insurance coverage as specified herein.

C.

The necessary office furniture and equipment.

The Contractor shall protect and preserve property in the possession of the Contractor in which the Government has an interest. Damage to, or loss of U.S. Government Property when it is due to the Contractor's negligence shall result in the Contractor being liable for repair or replacement thereof. The Government may withhold from amounts otherwise due the Contractor any amount the Contracting Officer determines to be necessary to protect the Government against loss because of loss or damage to Government materials, supplies and equipment in the possession of the Contractor.

I.3. Termination (Personal Services) - (FAR 52.249-12, APR 1984) The Government may terminate this contract at any time upon at least 15 days' written notice by the Contracting Officer to the Contractor. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least 15 days' written notice to the Contracting Officer.

I.4. Breach of Contract/Termination

In accordance with the provision of Section I.3, Termination, the Peace Corps reserves the right to terminate this contract for cause.

A statement of reasons shall be provided to the Contractor in the event (1) he commits a breach or violation of any of his obligations herein contained, (2) a fraud was committed in obtaining this contract, (3) the Peace Corps Country Director determines the contractor has engaged in misconduct, or (4) he resigns, quits, or leaves his assigned place of work before completion of the performance of this contract.

I.5. Incomplete Performance

The contractor agrees that the Government may, by…