Attachment_E_PSC_Contract_Articles_Template_2.17.17_FINAL.doc

Attachment E – PSC Contract Articles

PSC Contract Articles

TABLE OF CONTENTS

ARTICLE 1:

IAF POINTS OF CONTACT

ARTICLE 2:

STATEMENT OF DUTIES

ARTICLE 3:

DEFINITIONS

ARTICLE 4:

PERIOD OF PERFORMANCE

ARTICLE 5:

PLACE OF PERFORMANCE

ARTICLE 6:

PAYMENTS UNDER PERSONAL SERVICES CONTRACTS

ARTICLE 7:

WORKWEEK AND COMPENSATION

ARTICLE 8:

LEAVE AND HOLIDAYS

ARTICLE 9:

HEALTH INSURANCE

ARTICLE 10:

INVOICES AND TIMESHEETS

ARTICLE 11:

REQUIRED REPORTS

ARTICLE 12:

TRAVEL

ARTICLE 13:

PERFORMANCE APPRAISAL

ARTICLE 14:

CONTRACTOR - IAF RELATIONSHIP

ARTICLE 15:

RELEASE OF INFORMATION

ARTICLE 16:

CONTRACTOR STATUS

ARTICLE 17:

COMPLIANCE WITH APPLICABLE LAWS

ARTICLE 18:

WARRANTY AGAINST DUAL COMPENSATION

ARTICLE 19:

PUBLICITY

ARTICLE 20:

CONTRACTOR’S TAX AND OTHER LEGAL OBLIGATIONS

ARTICLE 21:

CORRESPONDENCE AND NOTICES

ARTICLE 22:

IAF TERMINATION CLAUSE

ARTICLE 1: INTER-AMERICAN FOUNDATION (IAF) POINTS OF CONTACT

Inter-American Foundation

Attn: Managing Director of Grant-Making and Portfolio Management

1331 Pennsylvania Ave, NW, Suite 1200 North

Washington, DC 20004 www.iaf.gov

ARTICLE 2:

STATEMENT OF DUTIES

The Contractor shall perform the services as specified in the following Articles and Scope of Work for the Inter-American Foundation.

ARTICLE 3:

DEFINITIONS

3.1 “IAF” and “the Foundation” shall mean the Inter-American Foundation.

3.2 “Privileged” shall mean not subject to disclosure or disclosure is limited due to special circumstances.

3.3 “Contracting Officer” (CO) shall mean a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

3.4 “Contracting Officer’s Representative (COR)” The term means authorized representatives of the Contracting Officer acting within the limits of his authority as delegated by the Contracting Officer in writing. The COR has no rights to change the scope of this contract in any way (actually or implied). For purposes of this contract, the Foundation Representative is the “COR.”

3.5 “Confidential Information” means any information declared by the CO or the COR as being privileged information – information that must be kept secret as directed by the CO and the COR.

3.6 “Local Liaison Advisory Services Contractor shall mean the individual appointed or contracted to serve to facilitate the IAF portfolio in the Host Country.

3.7 “Day” shall mean, unless otherwise specified, a calendar day.

3.8 “Government” shall mean the United States Government.

3.9 “Host Country Government” shall mean the government of the Host Country.

3.10 “Host Country” shall mean the foreign country in which the services hereunder are to be rendered.

3.11 “USD” shall mean United States Dollar.

3.12 “Compensation” shall mean salary inclusive of employee’s contribution to social security and taxes.

IAF Disclosure: The Compensation amount will be determined by considering the current wage's being paid for the same or similar positions being filled in the geographical area where the work will be performed, the kind of work to be performed under the contract, the volatility of the area where the work will be performed, the cost of living for the geographical area (i.e. transportation cost, lodging, utilities, food, health care cost, educational cost), the level of demand for individuals with the required knowledge, skills, and abilities (KSA), the KSAs of the individual filling the position, and the availability of agency funding.

3.13 “Total Compensation” shall mean gross salary and other benefits as defined by local labor law.

ARTICLE 4:

PERIOD OF PERFORMANCE

4.1 The Contractor’s period of performance includes a base period of 12 months followed by four 12-month options starting from the effective date of award. Option Periods are not guaranteed. The available contract periods are as follows:

Base Period

Date of Award - Month 12

Option Period I Month 13 – Month 24

Option Period II Month 25 – Month 36

Option Period III Month 37 – Month 48

Option Period IV Month 49 – Month 60

4.2.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months. No change to the period of performance shall be made without specific written approval of the Contracting Officer.

ARTICLE 5:

PLACE OF PERFORMANCE

The Contractor’s duty station is in the Host Country. IAF shall award in the base year a lump sum amount of $3,000.00 that will be for incidentals and office supplies necessary for official use only.

ARTICLE 6:

PAYMENTS UNDER PERSONAL SERVICES CONTRACTS

6.1 The Government shall pay the Contractor in USD for the services performed by the Contractor, as set forth in this contract, at the rates prescribed, upon the submission by the Contractor of proper invoices, or timesheets, and provided there is timely submission of all deliverables and reports to the office or officer designated and at the time provided for in this contract. Failure of the Contractor to submit required reports when due, or failure to perform or deliver required supplies, and services will result in the withholding of payments under this contract, unless such failure arises out of causes beyond the control of and without the fault or negligence of the Contractor.

Prior to final payment under this contract, the Contractor agrees to do the following:

(a) Properly complete and submit any outstanding travel vouchers and liquidate any outstanding travel advances;

(b) Execute and deliver to the Contracting Officer a proper Contractor's Release (See Attachment 1) discharging IAF, its officers, agents, and employees from all liability, obligations, and claims arising out of or under this contract upon final payment. The Contractor shall keep a record of all payments made by IAF for the duration of the contract.

6.2

COMPENSATION

6.2.1 Compensation: Compensation will be fixed and paid monthly, in accordance with local laws, in USD and shall not exceed amounts identified in the contract.

6.2.2 Salary Increases: If this contract includes Option years, the price of the Option years, or the basis on which the option price will be determined, must be stated in this contract. The Contractor may be granted annual increases and adjustments.

6.2.3 Performance Award: Based on the contractor’s annual performance rating being determined either outstanding or meritorious, the Contractor may be eligible to receive an annual performance award within the not-to-exceed amount identified in the contract at the discretion of IAF in accordance with their policy.

6.2.4 Severance: Shall be paid in accordance with the applicable Local Labor Law for Employment and Labor Relations within the not-to-exceed contracted amount.

6.3

LOCAL TAXES

6.3.1 Local Taxes: The Contractor shall be responsible for meeting the host country’s income tax and any other legal obligations associated with performance under this contract. The contractor is solely responsible for the payment of all taxes and any other charges of a public nature assessed against the contractor.

ARTICLE 7:

WORK WEEK AND COMPENSATED TIME

The Contractor’s workweek shall not be less than 40 hours, unless otherwise provided in this contract.

Provided that it is requested, scheduled, and approved in advance by the COR, such time worked will be compensated by time off. The LLAS Contractor shall request time off, and final approval of the request will be determined by the COR. Compensatory time off must be approved in advance by the COR.

ARTICLE 8:

LEAVE AND HOLIDAY

The IAF adopts locally prevailing leave and holiday benefits for Contractors.

8.1 Vacation Leave: Provided the contract is in force for at least 90 days, the Contractor shall earn vacation leave in accordance to local labor laws in the host country. Salary payments while on annual leave will be based on 100% of all allowances normally paid each pay period. No additional funding is provided for vacation leave. The Contractor may accrue, accumulate, use and be paid when taking vacation leave.

The Contractor will be paid for unused vacation leave at the expiration of the contract at the established determined rate per day based on the current monthly base salary payment. With the written approval of the COR, the Contractor may be granted advance vacation leave not to exceed the amount he would earn in each year of the contract and not to exceed what will be earned over the life of the contract.

8.2 Sick Leave: IAF will provide Sick Leave in accordance with local labor laws and regulations. Unused sick leave may be carried over under any option period but not to subsequent contracts 8.3 Leave without Pay: Leave without pay may be granted only with prior written approval of the COR.

8.4 Maternity/Paternity: IAF will provide maternity/paternity leave in accordance with the laws of the host country.

8.5 Holidays: The Contractor will be entitled to the local holidays observed in the host country and select United States holidays after consultation with the COR. The COR or designee must request any work on a holiday in writing in advance. In the unlikely event that the Contractor is required to work on a holiday, the Contractor will be compensated by time off in the same manner as in Article 7 above.

ARTICLE 9:

HEALTH COVERAGE

The IAF will provide funds to reimburse the Contractor for costs of health benefits consistent with the local compensation plan of the host country.

ARTICLE 10:

INVOICES AND TIMESHEETS

The Contractor shall submit invoices and timesheets to the COR for time worked on a monthly basis. Payment shall be made upon approval of the invoice, timesheet, and required reports by the COR.

ARTICLE 11:

REQUIRED REPORTS

The COR shall inform the Contractor of required reports and deadlines for submission of such reports.

ARTICLE 12:

TRAVEL

12.1 Travel to field sites will be required. As necessary, the Contractor may be required to work under extreme environmental conditions and travel within the assigned country or in other countries by car, boat, or plane for extended periods of time. Site visits may require some physical exertion such as walking over rough surfaces and using uncomfortable modes of transportation. Travel shall be approved in advance by the COR. The Contractor shall be paid a per diem rate in lieu of subsistence for each day that the Contractor is in a travel status away from home or regular place of employment and IAF travel policy as authorized in appropriate travel authorizations; and any other transportation expenses if provided for in this contract. Funding for travel related expenses is provided separately under travel authorizations.

The Contractor shall be reimbursed in currency consistent with the prevailing practice and at the rates established by the post for authorized travel in the host country in connection with duties directly referable to work under this contract. For international travel and third country travel, with the prior approval of the COR, the Contractor shall travel under Government Travel Authorization, and will be reimbursed in the same manner and under the same regulations applicable to IAF.

In the event that the IAF requires the Contractor to travel outside of the host country in performance of the Contractor’s duties under this Contract, the IAF may provide hospitalization and medical treatment to Contractor, while the Contractor is within the United States on official travel, for illnesses, injuries, or conditions that, in the judgment of the IAF, began during the Contractor’s travel to the United States or so near to the beginning of such travel that the onset of the illness, injury, or condition could not have been known, and for which immediate medical treatment or hospitalization is reasonably required. At the IAF’s discretion, the reasonable costs of such hospitalization and medical treatment may be paid directly by the IAF or may be covered by insurance purchased by the IAF. The Contractor shall remain personally responsible for all medical or insurance costs that the IAF in its discretion, does not cover.

12.1.1 Relocation: Relocation and related travel costs will not be paid for or reimbursed to the Contractor.

ARTICLE 13:

PERFORMANCE APPRAISAL

13.1 This contract is subject to performance evaluation. All work shall be evaluated for effectiveness or results and compliance with the U.S. Government's and IAF's prevailing policies, regulations, directives and strategic plans, goals, and objectives.

13.2 An annual performance appraisal will occur each year the contract is in effect. Each performance evaluation will be completed by the COR and discussed with the Contractor. The Contractor may submit written comments per IAF guidance after receiving the proposed evaluation. The Contractor's comments will be considered in the issuance of the final evaluation documents. Any disagreement between the parties regarding the evaluation shall be forward to the CO who will make the final determination. A copy of the final performance evaluation will be incorporated into the contact file.

ARTICLE 14:

CONTRACTOR - IAF RELATIONSHIP

14.1 The Contractor acknowledges that this contract is important in support of IAF operations and agrees that his duties shall be carried out in such a manner as to be fully commensurate with the responsibilities that this entails. Favorable relations between the Foundation, the local government and the people of the country require that the Contractor show respect for the conventions, customs, and institutions of the country and not become involved in any illegal political activity.

14.2 Standards of Conduct. The Contractor shall adhere to the U.S. federal government employees’ Standards of Conduct as set forth at 5 CFR 2635. Further consider the Standards of Conduct applicable for other IAF contractors with whom you are responsible to coordinate work within the terms of this contract.

14.3 If the Contractor's conduct is not in accordance with the principles of ethical conduct for U.S. Government employees, the contract may be terminated pursuant to the provision of this contract entitled 'Termination'. The Contractor during his work under this contract shall be subject to the Standards of Ethical Conduct for Employees of the Executive Branch of the U.S. Government at 5 CFR Part 2635. During the term of this contract and outside of the Contractor's work with IAF, the Contractor shall not perform any other professional activity that could compete or interfere with providing the agreed-upon services.

14.4 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 amendment to the contract signed by the Contracting Officer.

14.5 The Contractor will be responsible for performing his or her duties in accordance with the Scope of Work in this contract.

ARTICLE 15:

RELEASE OF INFORMATION

All rights to 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, without the prior written approval of the COR, be made available to any person, party, or government, other than IAF, except as expressly provided in this contract. The Contractor shall not disclose any confidential information for the Contractor’s own use or a third party's profit, which the Contractor would have gained knowledge of while working for the Foundation; and this even after expiration of the contract. All documents developed and paperwork copied by the Contractor under the terms of this contract is the sole property of the US Government. Upon expiration of this contract, the Contractor has the obligation to hand over to the Government all documents relating to IAF in their integrality and properly filed.

ARTICLE 16:

CONTRACTOR STATUS

It shall be recognized at all times that the Contractor is engaged by contract and is not an employee or official of the Inter-American Foundation. If, at any time during the effective period of this contract, the Contractor should be appointed to a regular position in IAF or elsewhere in the service of the U.S. Government, this contract will automatically terminate.

ARTICLE 17:

COMPLIANCE WITH APPLICABLE LAWS

The Contractor agrees, during the period of service under this contract, to abide by all applicable laws and regulations of the host country. The Contractor is also responsible for fulfilling personal tax obligations to the host country. The Contractor also agrees to notify immediately the COR if the Contractor is arrested or charged with any offense during the term of this contract.

ARTICLE 18:

WARRANTY AGAINST DUAL COMPENSATION

The Contractor agrees that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the Inter-American Foundation as wages, compensation or gifts for acting in any capacity in connection with any work contemplated or performed under or in connection with this contract.

ARTICLE 19:

PUBLICITY

The Contractor shall make no publicity announcements or issue other public relations material mentioning the Contractor's connection to the IAF without the advance written concurrence of the COR.

ARTICLE 20:

CONTRACTOR'S TAX AND OTHER LEGAL OBLIGATIONS

The Contractor shall be responsible for meeting the host country’s income tax and any other legal obligations associated with performance under this contract. Long term US citizen PSCs: Shall receive a W-2 and federal taxes will be withheld. All non-US citizen PSCs: The contractor is solely responsible for the payment of all taxes and any other charges of a public nature assessed against the contractor.

ARTICLE 21: CORRESPONDENCE AND/OR NOTICES

Any correspondence and/or Notices regarding this contract shall be submitted in writing and delivered in person or sent by registered or regular mail or email as follows:

From the Contractor to IAF: To the COR with a copy to the CO.

From IAF to the Contractor: To the Contractor's address shown on the Cover Page to this contract. Correspondence and/or Notices hereunder shall be effective when delivered in accordance with this clause or on the effective date of the notice, whichever is later.

ARTICLE 22: IAF TERMINATION CLAUSE

22.1. IAF may terminate performance of work under this contract in whole or, from time to time, in part:

a. For cause, which may be effected immediately after establishing the facts warranting the termination, by giving written notice and a statement of reasons to the Contractor in the event the Contractor:

i. Commits a breach or violation of any obligations herein contained;

ii. Commits fraud in obtaining this contract;

iii. Is guilty as determined by IAF of misconduct in the host country.

Upon such termination, the Contractor’s right to compensation shall cease when the period specified in such notice expires or the last day on which the Contractor performs services hereunder, whichever is earlier.

b. For the convenience of IAF, by giving not less than thirty (30) calendar days’ advance written notice to the Contractor. Upon such a termination, the Contractor’s right to compensation shall cease when the period specified in such notice expires except that the contractor shall be entitled to any accrued, unused vacation leave.

22.2. No cost of any kind incurred by the Contractor after the date such notice is delivered shall be reimbursed hereunder except as approved by the Contracting Officer. If any costs relating to the period subsequent to such date have been paid by IAF, the Contractor shall promptly refund to IAF any such prepayment as directed by the Contracting Officer.

22.3. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least thirty (30) days written notice to the Contracting Officer.