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DRAFT ONLY
POLICIES AND PROCEDURES
FOR THE
SOIL MANAGEMENT CRSP
Prepared by:
Charles B. McCants
Kim S. Stevens
Management Entity
May 6, 1983
Draft
05/06/83
INDEX OF PROVISIONS
1. Definitions
2. Allowable Costs and Cost Sharing
3. Personnel
4. Personnel Compensation
5. Personnel Allowances and Post Differential
6. Personnel Leave and Holidays
7. Personnel Travel
8. Transportation and Storage
9. Graduate Student Support
10. Short-Term Employee Benefits
11. Personnel Posted Outside the United States
12. Insurance
13. Procurement of Goods and Services
14. Title to, Use and Care of Property
15. Publications and Reports
16. Negotiated Overhead Rates
17. Accounting, Audit and Records
18. Audit and Records Non-U.S. Subgrantees and Contractors
19. Limitation of Funds
20. Subordinate Agreements
21. Use of Foreign Currency
22. Ineligible Countries
23. Subgrantee-Mission Relationships
24. U.S. Officials not to Benefit
25. Covenant Against Contingent Fees
26. Nonliability
27. Equal Opportunity in Employment
28. Disputes
29. Refunds
30. Termination
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1. DEFINITIONS
A. "Grant" means Grant No. DAN-1311-G-SS-1083-00 from the Agency
for International Development (AID) to North Carolina State
University for support of the Soil Management Collaborative
Research Support Program (CRSP).
B. "Grantee" means North Carolina State University.
C. "Subgrant" means an approved document with a participating
institution to accomplish objectives pertinent to the Grant
goals.
D. "Subgrantee" means a participating institution in the Soil
Management Collaborative Research Support Program.
E. "Grant Officer" means the person executing the Grant on be-
half of the United States Government and any other employee
who is a properly designated AID Grant Officer.
F. "Project Manager" means the person in the Science and Tech-
nology Bureau designated to serve as liaison between AID
and the Grantee on programmatic details.
G. "Management Entity" means North Carolina State University,
the recipient of the Grant from AID to provide funding for
the Soil Management CRSP.
H. "Mission" means the United States mission to or principal
AID office in the collaborating country.
I. "Mission Director" means the principal AID officer of the
mission in the collaborating country.
J. "OMB Circular No. A-110" means the Office of Management and
Budget Circular entitled Grants and Agreements with Institu-
tions of Higher Education, Hospitals and other Non-Profit
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Organizations: Uniform Administrative Requirements (41 CFR
32016; July 30, 1976).
K. "OMB Circular A-21" means the Office of Management and Budget
Circular entitled Cost Principles for Educational Institutions
(March 10, 1978).
L. "Subordinate Agreement" means any subgrant or contract exe-
cuted under a "Subgrant" as defined herein.
M. "Economy Class" air travel means a class of air travel which
is less than first class.
N. "Collaborating Country" means the foreign country that is
collaborating in the Soil Management CRSP.
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2. ALLOWABLE COSTS AND COST SHARING
A. Allowable Costs-/
The allowable costs for reimbursement under the Subgrants
shall be limited to those which are reasonable, allocable
and allowable in accordance with the terms of (1) the Sub-
grant, (2) any negotiated advance understanding on particu-
lar cost items and (3) OMB Circular A-21 in effect on the
date of this Grant.
B. Cost Sharing
1. Principle341/
The matching requirements for U.S. universities partici-
pating in CRSP is based on the concept that the goal of
the research is mutual to AID's interest for LDC develop-
mental assistance programs and to the domestic interest
of participating U.S. universities for their states'
agriculture. With this mutuality of interest, it is ex-
pected that the participating universities will make
modifications in appropriate domestic research programs
to focus them definitively on achievements of the CRSP
goal. It is anticipated that the cost of this modifica-
tion willbe paid by the participating universities from
non-federal resources and that this cost will constitute
- Developed from "Standard Provisions", Section 2, accompanying the
Soil Management CRSP Grant.
3/
-/Memorandum to CRSP Directors, Project Managers and Former JRC
Members from J. S. Robins and Elmer R. Kiehl, dated August 2, 1982.
4/
-/Memorandum to Program Directors of CRSPs from William F. Johnson,
dated April 19, 1983.
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the universities' matching contributions. At the same
time, it has been recognized that there might be cases
where modifications would require some federal funds.
However, the basic principle of matching contemplated
that AID's support would not be directed toward domestic
research but to encourage the focus of universities'
domestic research on objectives relative to the CRSP,
i.e. to solve LDC development problems and to benefit
U.S. agriculture.
2. Requirements2--4
a. For each year of performance, a Subgrantee under the
Soil Management CRSP Grant shall assure that expendi-
tures from non-federal funds (defined in paragraph b
below) equal or exceed 25% of that year's total ex-
penditures for country research project costs, ex-
cept for exclusions listed hereafter. Prior and sub-
sequent year's non-federal contributions in excess
of 25% may be applied to compensate for any year's
shortfall. It is understood and agreed that extended
failure to comply with the sharing arrangement shall
be considered sufficient reason for termination of
the Subgrant. Should there be any accumulated short-
fall by the Subgrantee at the time of termination,
or at the expiration of the Subgrant, the Subgrantee
2Grant from the Agency for International Development to North Carolina
State University as the Management Entity for the Soil Management
CRSP (Article IX).
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shall refund to AID the amount of such shortfall,
unless an alternative disposition is made by the
Grant Officer.
b. All costs associated with the performance of Subgrantee
faculty and staff, both domestically and overseas,
and for both short- and long-term assignments are
program cost of the CRSP that must be matched.
c. To be considered a non-federal contribution, it shall
be from the Subgrantee's non-federal funds, not
chargeable at any time to any U.S. Government funded
activity, and must be directly related to costs in-
curred in performance of that portion of this CRSP
for which the Subgrant was awarded.
d. The criteria and procedures for allowability of cash
and in-kind contributions by the Subgrantee as non-
federal contributions will be as set forth in Attach-
ment E, "Cost Sharing and Matching", to OMB Circular
No. A-110 shall also apply.
e. The maximum Management Entity costs which AID will
finance under the Grant shall not exceed that speci-
fied in the Grant budget. Subject to that limitation,
Management Entity costs will be fully funded by AID
and are not subject to the 25% cost sharing
requirement.
3. Exclusions2, 3, 4/
a. Funds expended under the terms of a formal CRSP-collaborating
country Subagreement for utilization by the collaborating
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country participating institution for CRSP related
activities do not require cost sharing.
b. Equipment and supplies identified for use in the col-
laborating country Subagreement and purchased by a
participating U.S. institution for the collaborating
country and the U.S. use in the collaborating country
are excluded. It is recognized that funds for such
equipment may not be committed under the Subagree-
ment but may be held apart in reserve by the partici-
pating U.S. institution for such equipment and
supplies.
c. Subgrant funds used for payments of costs incurred
by the Subgrantee for training of foreign nationals
outside their country do not have to be matched. It
is expected that provisions for such training would
normally be made in the formal agreement.
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3. PERSONNEL-!
A. Employment procedure
Employment of personnel for either long-term or short-term
assignment on the Subgrant and for location either on-campus
or overseas will be in accordance with the Subgrantee's
standard employment policies and procedures.
B. Assignment of Employee Outside the United States
No individual shall be assigned outside the United States
to perform work under the Subgrant, either for short-term
or long-term assignment, unless approved by the Project
Manager and with concurrence of the local mission.
C. Duration of Appointments for Assignment Outside the United
States
1. Regular appointment is one which is normally for a mini-
mum of two years; the period includes orientation (less
language training) in the United States and authorized
international travel under the Subgrant unless:
a. An appointment may be made for less than two years
if the Subgrant has less than two years but more
than one year to run provided that, if the Subgrant
is extended, the appointed shall also be extended
to the full two years.
b. When a two-year appointment is not required, appoint-
ment may be made for less than two years but in
no event less than one year.
- Developed from "Additional General Provisions, Cost Reimbursement
Contract with an Educational Institution", Section 3, dated 10/82.
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2. Short-term appointment is one for less than one year
on an assignment outside the United States.
D. Physical Fitness of Employees and Dependents Posted Outside
the United States
1. Predeparture
For employees on regular or short-term appointments
and their authorized dependents, it shall be certified
by a licensed doctor of medicine that in his/her opinion
the employee is physically qualified to engage in the
type of activity for which he/she is to be employed
and that he/she and his/her dependents are physically
able to reside in the country to which he/she is
assigned.
2. End of tour
The Subgrantee is authorized to provide its employees
and dependents with physical examinations within 60
days after completion of their regular tours of duty.
E. Importation, Purchase or Sale of Personal Property or
Automobiles
To the extent permitted by the collaborating country's laws
and regulations, the importation, purchase and sale of per-
sonal property or automobiles by Subgrantee employees and
their dependents in the collaborating country shall be sub-
ject to the same limitations and prohibitions which apply
to Mission employees and their dependents.
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F. Economic and Financial Activities
Other than work to be performed under this Grant for which
an employee is assigned by the Subgrantee, no regular or
short-term employee of the Subgrantee shall engage, directly
or indirectly, either in his own name or in the name or
through the agency of another person in any business, profes-
sion or occupation in the collaborating country or other
foreign countries to which he/she is assigned nor shall
he/she make loans or investments to or in any business,
profession or occupation in the collaborating country or
other foreign countries to which he/she is assigned.
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4. PERSONNEL COMPENSATION-!
All salaries, wages, fees and stipends, which are reimbursed
under the Subgrants, shall be in accordance with both the Sub-
grantee's usual policy and practice and OMB Circular A-21. To
the extent that the Subgrantee's policy and practice conflict
with OMB Circular A-21, the latter shall prevail, unless the
Schedule of the Subgrants expressly provides otherwise.
- Developed from "Standard Provisions", Section 5, accompanying the
Soil Management CRSP Grant.
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5. PERSONNEL ALLOWANCES AND POST DIFFERENTIAL-/
A. Living Quarters Allowance
Living quarters allowance is granted to reimburse an employ-
ee for substantially all of the cost for either temporary
or residence quarters whenever Government-owned or
Government-rented quarters are not provided at post without
charge. Such costs are those incurred for temporary lodging
(temporary lodging allowance) or one unit of residence quar-
ters (living quarters allowance) and include rent, plus
any costs not included therein for heat, light, fuel, gas,
electricity and water. The temporary lodging allowance and
the living quarters allowance are never both payable to
an employee for the same period of time.
The Subgrantee will be reimbursed for payments made to regu-
lar employees for a living quarters allowance for rent and
utilities if such facilities are not supplied. Such allow-
ance shall not exceed the amount paid AID employees of equiv-
alent rank in the collaborating country, in accordance with
either the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 130, as from time to time amended,
or other rates approved by the Mission Director. Short-term
employees may be paid either per diem at rates prescribed
by the Federal Travel Regulations, as from time to time
amended or living quarters allowance, whichever is more
-Developed from "Additional General Provisions, Cost Reimbursement
Contract with an Educational Institution", Section 8, dated 10/82.
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economical, during the time spent at posts in the collaborat-
ing country under the Subgrant.
B. Temporary Lodging Allowance
Temporary lodging allowance is a quarters allowance granted
for the reasonable cost of temporary quarters incurred by
the employee and his family for a period not in excess of
(i) three months after first arrival at a new post in a
foreign area or a period ending with the occupation of resi-
dence (permanent) quarters, if earlier, and (ii) one month
immediately preceding final departure from the post subse-
quent to the necessary vacating of residence quarters.
The Subgrantee will be reimbursed for payments made to regu-
lar and short-term employees and authorized dependents for
temporary lodging allowance, in lieu of living quarters
allowance, not to exceed the amount set forth in the
Standardized Regulations (Government Civilians, Foreign
Areas), Chapter 120, as from time to time amended.
C. Post Allowance
Post allowance is a cost-of-living allowance granted to
an employee officially stationed at a post where the cost
of living, exclusive of quarters cost, is substantially
higher than in Washington, DC.
The Subgrantee will be reimbursed for payments made to regu-
lar employees for post allowance not to exceed those paid
AID employees in the collaborating country, in accordance
with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 220, as from time to time amended.
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D. Educational Allowance
Educational allowance is an allowance to.assist an employee
in meeting the extraordinary and necessary expenses, not
otherwise compensated for, incurred by reason of service
in a foreign area in providing adequate elementary and sec-
ondary education for his/her children. The Subgrantee will
be reimbursed for payments made to regular employees for
educational allowances for their dependent children in a-
mounts not to exceed those set forth in the Standardized
Regulations (Government Civilians, Foreign Areas), Chapter
270, as from time to time amended.
E. Educational Travel
Educational travel is travel to and from a school in the
United States for secondary education (in lieu of an educa-
tional allowance) and for college education.
The Subgrantee will be reimbursed for payments made to regu-
lar employees for educational travel for their dependent
children provided such payment does not exceed that which
would be payable in accordance with the Standardized Regula-
tions (Government Civilians, Foreign Areas), Chapter 280,
as from time to time amended. Educational travel shall not
be authorized for regular employees whose assignment is
less than 2 years.
F. Post Differential
Post differential is an additional compensation which may
be paid regular employees for service at places in foreign
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areas where conditions of environment differ substantially
from conditions of environment in the continental United
States and warrant additional compensation as a recruitment
and retention incentive.
In areas where post differential is paid to AID direct-hire
employees, post differential not to exceed the percentage
of salary as is provided such AID employees in accordance
with the Standardized Regulations (Government Civilians,
Foreign Areas), Chapter 500 (except the limitation contained
in Section 552, "Ceiling of Payment") Tables-Chapter 900,
as from time to time amended, will be reimbursable hereunder
for regular employees in respect to amounts earned during
the time such employees actually spend overseas on work
under the Subgrant. When such post differential is provided
to Subgrantee employees, it shall be payable beginning on
the date of arrival at the post of assignment and continue,
including periods away from post on official business until
the close of business on the day of departure from post
of assignment en route to the United States. Sick or vaca-
tion leave taken at or away from the post of assignment
will not interrupt the continuity of the assignment or re-
quire a discontinuance of such post differential payments,
provided such leave is not taken within the United States
or the territories of the United States. Post differential
will not be payable while the employee is away from his
post of assignment for purposes of home leave.
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G. Payments During Evacuation
If evacuation has been authorized by the Mission Director,
the Subgrantee will be reimbursed for payments made to regu-
lar and short-term employees and authorized dependents evacu-
ated from their post of assignment in accordance with the
Standardized Regulations (Government Civilians, Foreign
Areas), Chapter 600, and the United States Federal Travel
Regulations, as from time to time amended.
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6. PERSONNEL LEAVE AND HOLIDAYS-'
A. Vacation Leave
The Subgrantee may grant to regular employees working in
the U.S. or overseas vacations of reasonable duration in
accordance with the Subgrantee's on-campus practice for
other employees.
B. Sick Leave
Sick leave is earned by regular employees in accordance
with the Subgrantee's usual on-campus practice for other
employees.
C. Home leave.
1. Home leave is leave earned for service abroad for use
only in the United States, in the Commonwealth of Puerto
Rico or in the possessions of the United States.
2. A regular employee who is a U.S. citizen or resident
and has served at least 2 years overseas, as defined
in paragraph C4 of this section, under the Subgrant
and has not taken more than 30 workdays leave (vacation,
sick or leave without pay) in the United States may
be granted home leave of not more than 15 calendar days
for each such year of service overseas provided that
such regular employees agree to return overseas upon
completion of home leave under an additional two-year
appointment or for such shorter period of not less than
one year of overseas service under the Subgrant as the
--Developed from "Additional General Provisions, Cost Reimbursement
Contract with an Educational Institution", Section 6, dated 10/82.
Draft 6-2
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Grant Officer and Program Manager may approve in ad-
/ vance. Home leave must be taken in the United States,
the Commonwealth of Puerto Rico or the possessions of
the United States, and any days spent elsewhere will
be charged to vacation leave or leave without pay.
3. Notwithstanding the requirement in paragraph C2 of this
section, that the Subgrantee's regular employee must
have served two years overseas under the Subgrant to
be eligible for home leave, the Subgrantee may grant
advance home leave to such regular employee subject
to all of the following conditions.
a. granting of advance home leave would in each case
serve to advance the attainment of the objectives
of the Subgrant;
b. the regular employee shall have served a minimum
of 18 months in the collaborating country on his
current tour of duty under the Subgrant and
c. the regular employee shall have agreed to return
to the collaborating country to serve out the remain-
der of his current tour of duty and an additional
two-year appointment under the Subgrant, or such
other additional appointment of not less than one
year of overseas service as the Project Manager
may approve.
4. The period of service overseas required under paragraph
C2 or paragraph C3 of this section shall include the
actual days in orientation in the United States (less
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language training) and the actual days overseas begin-
ning on the date of departure from the United States
port of embarkation on international travel and continu-
ing, inclusive of authorized delays en route, to the
date of arrival at the United States port of debarkation
from international travel. Allowable vacation and sick
leave taken while overseas, but not leave without pay,
shall be included in the required period of service
overseas. An amount equal to the number of days of vaca-
tion and sick leave in the United States, the Common-
wealth of Puerto Rico, or the possessions of the United
States will be added to the required period of service
overseas.
5. Travel to and from the United States for home leave
will be limited to the time required for the most expedi-
tious air route. Unused home leave is not reimbursable
under the Subgrant.
6. To the extent deemed necessary by the Subgrantee, regu-
lar employees in the United States on home leave may
be authorized to spend not more than five days in work
status for consultation on campus before returning to
their post of duty. Consultation at locations other
than on campus, as well as any time in excess of five
days spent for consultation, must be approved by the
Project Manager.
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7. Except as approved by the Grant Officer, home leave
is not authorized for third-country nationals.
D. Holidays
Holidays for Subgrant employees serving overseas should
take into consideration local practices and shall be estab-
lished in collaboration with the Mission Director.
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7. PERSONNEL TRAVEL-'
A. General Policy
Allowable costs of travel under the Subgrants shall be in
accordance with the policy and practice of the Subgrantee,
OMB Circular A-21 and other provisions of this document.
To the extent the Subgrantee's policy and practice and those
of this document conflict with OMB Circular A-21, the latter
shall prevail unless approved by the Grant Officer.
B. International Travel
1. To Host Country
The AID Grant Officer has approved all international
travel provided that the Subgrantee obtains concurrence
from the Project Manager prior to sending any individual
outside the United States to perform work under the
Subgrant. Such concurrence shall be confirmed in writ-
ing. For this purpose, the Subgrantee shall submit a
request to the Director, Management Entity, Soil Manage-
ment CRSP, at least 40 days in advance of any travel
to be undertaken outside the United States. The Manage-
ment Entity will communicate with the Project Manager
and advise the Subgrantee of the decision. After concur-
rence is received, the Subgrantee shall provide the
cognizant Mission or U.S. Embassy of any changes in
arrival date and flight identification of Subgrant fi-
nanced travelers.
--Developed from "Standard Provisions", Section 6, accompanying the
Soil Management CRSP Grant.
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2. Within Host Country
Reimbursement for local travel shall not be in excess
of the rates established by the Mission Director for
AID employees in the country.
3. Outside the Host Country
For regular and short-term employees posted in a collabo-
rating country, the Project Manager has approved travel
to other countries including the United States provided
that the Subgrantee obtains evidence of concurrence
by the participating collaborating country institution,
the Mission in the country posted, the Mission in the
country to visit and approval of the Management Entity.
Reimbursement for such travel shall be an allowable
expenditure at per diem rates not in excess of those
established by USAID for non-U.S. locations and by the
Subgrantee institution for U.S. locations.
C. Funding from Local Currency
Travel to certain countries shall, at AID's option, be
funded from U.S.-owned local currency. When AID intends
to exercise this option, it will notify the Management Enti-
ty after receipt of advice of intent to travel required
above. AID will issue a Government Transportation Request
(GTR) which the Subgrantee may exchange for tickets, or
AID will issue the tickets directly. Use of such U.S.-owned
currencies will constitute a dollar charge to the Subgrant.
D. Preference for U.S. Flag Carriers
All international air travel under the Subgrants shall be
made on United States flag carriers. Exceptions to this
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rule will be allowed in the following situations, provided
that the Subgrantee certifies to the facts in the voucher
and other documents retained as part of the required Sub-
grant records:
1. where the traveler, while enroute, has to wait six hours
or more to transfer to a U.S. flag air carrier to pro-
ceed to the intended destination,
2. where a flight by a U.S. flag air carrier is interrupted
by a stop anticipated to be six hours or more for re-
fueling, reloading, repairs, etc. and no other flight
by a U.S. flag air carrier is available during the six
hour period,
3. where by itself or in combination with other U.S. flag
or non-U.S. flag air carriers (if U.S. flag air carriers
are "unavailable") it takes 12 hours or longer from
the original airport to the destination airport to accom-
plish the Subgrantee's program than would service by
a non-U.S. flag air carrier or carriers or
4. when the elapsed travel time on a scheduled flight from
origin to destination airports by non-U.S. flag air
carriers) is three hours or less, and services by U.S.
flag air carriers) would involve twice such travel
time.
NOTE: Where U.S. Government funds are used to reimburse
Subgrantee's use of other than U.S. flag air carriers
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for international travel, the Subgrantee will include
a certification on vouchers involving such transporta-
tion which is essentially as follows:
CERTIFICATION OF UNAVAILABILITY OF U.S. FLAG AIR CARRIERS
I hereby certify that the travel service for personnel
by U.S. flag air carriers was unavailable for the follow-
ing reasonss: (state appropriate reasons) as set forth
above).
D. Rest and Recuperation Travel
The Subgrantee shall be reimbursed for the cost of travel
performed by regular employees and dependents for purposes
of rest and recuperation: Provided that, such reimbursement
does not exceed that authorized Mission employees.
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8. TRANSPORTATION AND STORAGE-'
A. Transportation, including packing and crating costs, is
an allowable charge for shipping from the established base
of residence in the United States to post of duty in the
collaborating country and return to base of residence in
the United States for each regular employee of:
One privately-owned vehicle,
Personal effects and
Household goods not to exceed the following limitations:
Basic household Basic household
furniture not furniture supplied
supplied (pounds (pounds net
net weight) weight)
Dependents in
Collaborating 7,500 2,500
Country
No dependents
in Collaborating 4,500 1,500
Country
1. Net weight consists of actual effects plus the cartons,
barrels, fiber drums, crates and boxes, as well as the
necessary wrapping and cushioning material, used to
pack fragile articles for shipment or storage. Fragile
articles include clothing, linens, books, pictures,
mirrors, lamp shades and bases, bric-a-brac, glassware,
-/Developed from: (a) "Standard Provisions", Section 6, accompanying
the Soil Management CRSP Grant, (b) "Additional General Provisions,
Cost Reimbursement Contract with an Educational Institution", AID,
1420-23D (10-82) (Section 10) and (c) "Travel and Transportation",
AID Handbook 22 (Section 9).
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chinaware and other articles which normally require
preliminary packing before removal from the residence.
2. Gross weight is obtained by adding to the net weight
the weight of lift vans, outside shipping containers
and the weight of dunnage or bracing material used to
secure articles in such vans or containers.
3. Vehicles which may be transported include passenger
automobiles, station wagons and certain small trucks
or similar vehicles which may be used primarily for
personal transportation, but transportation is not autho-
rized for trailers, airplanes or any vehicle intended
for commercial use.
Transportation at Government expense is limited to vehi-
cles having a gross size for shipping purposes of not
more than 15 measurement tons (600 cubic feet). An em-
ployee who ships a larger vehicle which otherwise quali-
fies for shipment at Government expense must pay all
costs which result from the excess size of the vehicle.
4. The cost of transporting motor vehicles shall not exceed
the cost of packing, crating and transportation by
surface.
5. In the event that the carrier does not require boxing
or crating of motor vehicles for shipment to the collabo-
rating country, the cost of boxing or crating is not
reimbursable.
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6. Household goods may be transported by surface or air
freight. However, if shipped by air freight, the cost
shall not exceed that of packing, crating and transporta-
tion by surface of the maximum allowable under Section
A(3) above.
B. Accompanied Baggage
The Subgrantee will be reimbursed for the cost of transport-
ing up to 22 pounds of accompanied baggage per traveler
in addition to that allowed with the economy class airline
ticket.
C. Unaccompanied Baggage
The Subgrantee may be reimbursed for costs of shipment of
unaccompanied baggage (in addition to the weight allowance
above for household effects) not to exceed the following:
Gross weight
(pounds)
Employee 250
First dependent traveling 200
Second dependent traveling 150
Each additional dependent traveling 100
1. Unaccompanied baggage is considered to be those personal
belongings needed by the traveler immediately upon arriv-
al at destination. To permit the arrival of effects
to coincide with the arrival of the employee and depen-
dents, consideration should be given to advance ship-
ments of unaccompanied baggage.
2. This unaccompanied baggage may be shipped as air freight
by the most direct route between authorized points of
origin and destination regardless of the modes of travel
used.
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3. The foregoing provision concerning "unaccompanied bag-
gage" is also applicable to home leave travel and to
short-term employees when these are authorized by the
terms of the Subgrant.
D. Consumables
When a post is designated as one at which conditions make
it difficult to obtain locally the consumables required
by employees and their dependents, the Management Entity
may authorize shipment of a separate additional allowance
for consumables, apart from the household effects allowances.
1. The amount of the weight for the separate consumable
allowance will be shown in the employee's travel authori-
zation, but in no case will it exceed the weight autho-
rized for household effects.
2. When consumables are shipped together with household
effects to these specified posts, the employee must
obtain documentation showing the weight of the consum-
ables shipped, since this weight must be charged to
the consumables allowance rather than the household
effects allowance to assure proper accounting. Employees
may ship consumables against their household effects
allowance as well, but when the employee intends to
claim against the consumables allowance, specific
weights must be provided.
Draft
05/06/83
E. Storage of Household Effects
The cost of storage charges (including packing, crating
and drayage costs) in the U.S. of household goods is an
allowable charge in lieu of transportation of all or any
part of such goods to the collaborating country provided
that the total amount of household goods shipped to the
collaborating country and stored in the U.S. shall not ex-
ceed 4,500 pounds net for each employee without dependents
in the collaborating country and 7,500 pounds net for each
employee with dependents in the collaborating country.
F. Preference for U.S. Flag Air Carriers
Where international transportation of personal items is
by air freight, U.S. flag air carriers will be used to the
extent that such service is available.
In the event the Subgrantee selects other than a U.S. flag
air carrier for any portion of international air transporta-
tion, a certification will be attached to each voucher in-
volving such transportation which will be essentially as
follows:
CERTIFICATION OF UNAVAILABILITY OF
U.S. FLAG AIR CARRIERS
I hereby certify that transportation service via U.S. flag
air carrier for personal goods was unavailable for the fol-
lowing reasons (state reasons).
G. International Ocean Transportation
Draft 8-6
05/06/83
1. Fifty (50) percent of all international ocean transpor-
tation of persons or materials which is to be reimbursed
in U.S. dollars under the Subgrants shall be on U.S.
flag vessels. Where U.S. flag vessels are not available,
or their use would result in a significant delay, the
Subgrantee may request assistance of the Management
Entity in obtaining a release from this requirement
from the Transportation Support Division, Office of
Commodity Management, AID.
When the Subgrantee is advised that U.S. flag vessels
are not available, the ocean shipment costs on foreign
flag vessels, as named in the determination, will be
eligible for reimbursement under the Subgrant. In all
instances, Subgrantee vouchers submitted for reimburse-
ment under the Grant which include ocean shipment costs
will include a certification essentially as follows:
"I hereby certify that a copy of each ocean bill of
lading concerned has been submitted to the Maritime
Administration, Cargo Preference Control Center,
Commerce Building, Washington, DC 20235, and that such
bill(s) of lading state all of the carrier's charges
including the basis for calculation such as weight or
cubic measurement and indicate the applicable AID Grant
Number".
Draft 8-7
05/06/83
2. Transportation of Foreign-Made Motor Vehicles
Reimbursement of the costs of transporting a foreign
(non-U.S.) made motor vehicle will be made in accordance
with the provisions of the Uniform State/AID/USIA
Foreign Service Travel Regulations, as from time to
time amended.
Draft
09/28/83
9. GRADUATE STUDENT SUPPORT-
Graduate students may be utilized by the Subgrantee to conduct
research relevant to the objectives of the Subgrant. Such stu-
dents shall be administered and supported in accordance with
the Subgrantee's established policy, except as stated elsewhere
in this section. Costs necessary for their support will be per-
mitted as allowable expenditures.
A. Employment
Recruitment and employment will be in accordance with the
Subgrantee's established policy.
B. Stipend
The amount and duration of the stipend paid to a graduate
student will be in accordance with the Subgrantee's estab-
lished policy, including any adjustments when the student
is posted overseas. The stipend is for payment of services
rendered in support of the research objectives of the Sub-
grant. Enrollment in formal university courses is appropri-
ate for the purpose of enhancing the graduate student's
capability to perform the work required on the Subgrant.
C. Tuition
The Subgrantee may be reimbursed for those tuition costs,
including that component charged to fees, normally incurred
in accordance with its established policy for all graduate
students.
D. Books, Academic Supplies, Thesis Preparation
-Developed by the Management Entity following consultation with
Principal Investigators.
Draft
09/28/83
Reimbursement for costs of books, supplies, thesis typing
.and thesis reproduction is allowable to the extent it is
in accordance with the normal policy of the Subgrantee for
all graduate students.
E. Travel
1. Non-U.S. Nationals
Round-trip economy class airline fare will be provided
each non-U.S. national, their spouse and not more than
two dependent children from the city of departure in
the native country to the city of location of university
enrollment. Travel will be by the most direct route
and no compensation provided for unscheduled in-route
expenditures.
2. All Students
For U.S. and non-U.S. nationals posted overseas to con-
duct research on Subgrant objectives, economy class
airline travel from the city of the university to the
research site will be provided for the graduate student.
Similar travel will be provided also for the student's
spouse and not more than two children if the time over-
seas is for more than one year.
F. Allowances
1. Transportation of Personal Effects
a. Non-U.S. Nationals
Draft
09/28/83
A round trip air freight allowance may be provided
for shipment of personal effects not to exceed 200
pounds gross weight.for each adult and 100 pounds
gross weight for each child from the city of depar-
ture in the native country to the city of location
of the university to which enrolled.
b. All Students Posted Overseas
A round trip air freight allowance not to exceed
200 pounds gross weight for each adult and 100 pounds
gross weight for each child will be provided for
students posted overseas for more than one year.
2. Living Quarters
a. On campus
None
b. Posted Overseas
The Subgrantee may provide and be reimbursed for
the cost of maintaining living quarters for graduate
students working overseas on the Subgrant, including
furnishings, rent, heat, light, fuel, gas, electric-
ity, water and routine maintenance. The allowable
shall not exceed that paid AID employees of equiva-
lent salary in the collaborating country in accor-
dance with the Schedule in U.S. Standardized Regula-
tions, as from time to time amended.
Draft 9-4
09/28/83
3. Storage
The cost of storing personal and household effects,
including autos, is an allowable expenditure for stu-
dents posted overseas. Costs will include all risk insur-
ance for goods valued up to $5,000. The maximum allow-
able for storage and insurance will be $1,000 per year.
4. Health and Accident Insurance
Adequate health and accident insurance is required of
all graduate students and dependents posted overseas.
If necessary, and with approval of the Grant Officer,
the Subgrantee may be reimbursed for the cost of premi-
ums for such insurance.
5. Physical Examination
All graduate students and their dependents will be re-
quired to have a general physical examination before
and after an assignment abroad. Letters from the doctor
giving the major results of the medical examination
will be filed with the department administrator. Reason-
able costs of the examination may be considered an allow-
able charge to the Subgrant.
6. Educational
The Subgrantee may be reimbursed for payments made to
graduate students posted overseas for more than one
year for educational allowance for their dependent chil-
dren not to exceed those set forth in the Standardized
Regulations (Government Civilians, Foreign Areas), Chap-
ter 270, as from time to time amended.
10-1
Draft
09/28/83
1/
10. SHORT-TERM EMPLOYEE BENEFITS-
Short-term appointments are those of one year or less duration
and where the employee is assigned to a location other than the
normal base. Such assignments are anticipated for faculty, re-
search and administrative personnel of the Subgrantee institution
and from other universities or institutions who are engaged by
the Subgrantee to assist in activities pertinent to the Subgrant
goals. The following summary of support and allowances are allow-
able expenditures under the Subgrant for such appointments.
A. Salary and Benefits
In accordance with the Subgrantee's usual policy and practice.
B. Travel
1. Less than Three Months
Reimbursement for employee only.
2. Three to Six Months
Reimbursement for employee and spouse.
3. Six to Twelve Months
Reimbursement for employee, spouse and not more than
two children.
C. Allowance
1. Living Quarters
a. Less than Three Months
Standard per diem for post of duty.
b. Three to Six Months
Standard per diem for employee only or .living quar-
ters allowance for collaborating country in accor-
-Developed by the Management Entity following consultation with
Principal Investigators.
Draft
09/28/83
dance with the Schedule in the "Standardized
'/ Regulations" as from time to time amended, whichever
is more economical.
c. Six to Twelve Months
Living quarters allowance for collaborating country
in accordance with the Schedule in the "Standardized
Regulations".
2. Transportation
a. Less than Three Months
One hundred pounds of accompanied baggage.
b. Three to Six Months
One hundred pounds of accompanied baggage and 200
pounds of unaccompanied baggage.
c. Six to Twelve Months
One hundred pounds of accompanied baggage plus the
following unaccompanied baggage:
Employee 200 pounds
First dependent 200 pounds
Each additional dependent 100 pounds
3. Storage
Reimbursement of up to $500 for payment of storage costs
for personal and household effects will be considered
an allowable expenditure.
4. Educational
None
5. Post Allowance
None
10-2
6. Post
None
7. Post
None
8. Post
None
9. Rest
None
Draft
09/28/83
10-3
Differential
Allowance
Differential
and Recuperation Travel
Draft 11-1
05/06/83
11. PERSONNEL POSTED OUTSIDE THE UNITED STATES-I
(This provision is applicable only to the Subgrantee's U.S.
or third country national employees; it is not applicable to
the Subgrantee's collaborating country national employees.)
A. The Subgrantee's employees, when employed in work overseas,
shall maintain private status and may not rely on local
U.S. Government Offices or facilities for support while
so engaged.
B. The sale of personal property or automobiles by Subgrantee
employees and their dependents in the foreign country to
which they are assigned shall be subject to the same limita-
tions and prohibitions which apply to direct-hire AID person-
nel employed by the Mission, except as this may conflict
with collaborating government regulations.
C. Other than work to be performed under the Subgrant for which
an employee or consultant is assigned by the Subgrantee,
no regular or short-term employee or consultant of the Sub-
grantee shall engage directly or indirectly, either in his
own name or in the name or through an agency of another
person, in any business, profession or occupation in the
foreign countries to which he is assigned, nor shall he
make loans or investments to or in any business, profession
or occupation in the foreign countries to which he is
assigned.
-/Developed from "Standard Provisions", Section 25, accompanying the
Soil Management CRSP Grant.
Draft 11-2
05/06/83
D. The Subgrantee's employees, while in a foreign country,
are expected to show respect for its conventions, customs
and institutions, to abide by its applicable laws and regula-
tions and not to interfere in its internal political affairs.
E. In the event the conduct of any Subgrantee employee is not
in accordance with the preceding paragraphs, the Subgrant-
ee's chief of party shall consult with the Mission Director
and the employee involved and shall recommend to the Sub-
grantee a course of action with regard to such employee.
F. The parties recognize the right of the U.S. Ambassador to
direct the removal from a country of any U.S. citizen or
the discharge from the Subgrant of any third country nation-
al when, in the discretion of the Ambassador, the interests
of the United States so require.
Draft 12-1
05/06/83
12. INSURANCE-
A. Health and Accident Insurance
The Subgrantee shall require that all regular and short-term
employees posted overseas have adequate health and accident
insurance on the employee and all dependents. Premiums for
such insurance are cost reimbursable only to the extent that
they are consistent with the subgrantee's policy for all
employees.
B. Defense Base Act Insurance
The Subgrantee shall procure Defense Base Act (DBA) insurance
coverage for all employees engaged in work on the Subgrant,
unless the Subgrantee is not eligible to charge the cost
of premiums for such coverage to Subgrantee funds. The Grant
Officer has ruled that expenditure of Subgrant funds for
DBA insurance premiums is allowable, provided the Subgrantee
requires such insurance for all of its employees engaged
in sponsored international programs.
C. Insurance on Private Vehicles
The Subgrantee shall require that all privately owned vehi-
cles transported to the host country for use by Subgrantee
employees will be covered by a paid-up insurance policy
issued by a reliable company. The following minimum cover-
ages or such other minimum coverages as may be set by the
Mission Director will be provided: injury to Persons -
/Developed from "Additional General Provisions, Cost Reimbursement
Contract with an Educational Institution", Section 17, dated 10/82.
Draft 12-2
05/06/83
$20,000/$50,000; property damage $10,000. Premium costs
for such insurance shall not be a reimbursable cost under
the Subgrant.
Draft 13-1
05/06/83
13. PROCUREMENT OF GOODS AND SERVICES-
A. General
Except as approved in advance by the Grant Officer or as
provided in paragraph H of this section, all goods (e.g.,
equipment, vehicles, materials and supplies) and services
which will be financed under the Subgrant with United States
dollars shall be procured in and shipped from the U.S. or
from any other countries within the authorized geographic
code.
B. Procurement of Goods
Goods purchased under the Subgrant must be of eligible
source and origin and must satisfy AID's componentry require-
ments. In addition, the supplier of commodities must meet
the nationality requirements specified in paragraph Dl of
this section.
1. Source
Source means the country from which a commodity is
shipped to the collaborating country or the collaborat-
ing country itself, if the commodity is located there-
in at the time of purchase. However, where a commodity
is shipped from a free port or bonded warehouse in the
form in which received therein, source means the country
from which the commodity was shipped to the free port
or bonded warehouse.
-Developed from "Standard Provisions", Section 7, accompanying the
Soil Management CRSP Grant.
13-2
Draft
05/06/83
2. Origin
The origin of a commodity is the country or area in
which a commodity is mined, grown or produced. A commodi-
ty is produced when through manufacturing, processing
or substantial and major assembling of components, a
commercially recognized new commodity results that is
substantially different in basic characteristics or
in purpose or utility from its components.
3. Componentry
Components are the goods that go directly into the pro-
duction of a produced commodity. AID componentry rules
are as follows.
a. If a commodity produced in an eligible source coun-
try contains no imported component, it is eligible
for AID financing.
b. Any component from a nonfree world country makes
the commodity ineligible for AID financing.
C. Eligibility of Commodity-Related Services
Incidental Services. Nationality rules are applied to the
contractor or subcontractor supplying equipment under this
Grant and not separately to any subcontractor that may sup-
ply commodity-related incidental services. Such services,
defined as the installation or erection of AID-financed
equipment, or the training of personnel in the maintenance,
operation and use of such equipment are eligible if speci-
fied in the equipment contract or subcontract and performed
Draft 13-3
05/06/83
by citizens of approved countries or non-U.S. citizens law-
fully admitted for permanent residence in the U.S.
D. Nationality
Except as specified in paragraph C of this clause, in order
to be eligible for AID financing contractors, suppliers
or subcontractors must fit one of the following categories.
1. Suppliers of Commodities
A supplier providing goods must fit one of the following
categories to be eligible for AID financing.
a. An individual who is a citizen or legal resident
of an authorized country or area
b. A corporation or partnership organized under the
laws of a country or area included in the authorized
geographic code
c. A controlled foreign corporation, i.e., any foreign
corporation of which more than 50 percent of the
total combined voting power of all classes of stock
is owned by United States shareholders within the
meaning of Section 957 et seq. of the Internal
Revenue Code 26 U.S.C. 957
d. A joint venture or unincorporated association con-
sisting entirely of individuals, corporations or
partnerships which fit any of the foregoing
categories.
2. Suppliers of Services
13-4
Draft
05/06/83
A contractor providing services or a subcontractor pro-
viding services under an AID financed prime contract
for services must fit one of the following categories
to be eligible for AID financing (Note: the terms con-
tractor and subcontractor include personal services
contractors).
a. An individual who is a citizen of and whose princi-
pal place of business is in a country included in
the authorized geographic code or a non-U.S. citizen
lawfully admitted for permanent residence in the
United States whose principal place of business
is in the United States.
b. A corporation or partnership that is incorporated
or legally organized under the laws of a country
or area included in the authorized geographic code,
has its principal place of business in a country
or area included in the authorized geographic code
and meets the criteria set forth in either subpara-
graph (1) or (2) below.
(1) The corporation or partnership is more than
50 percent beneficially owned by individuals
who are citizens of a country or area included
in the authorized geographic code. In the case
of corporations, "more than 50 percent benefi-
cially owned" means that more than 50 percent
of each class of stock is owned by such indi-
viduals; in the case of partnerships, "more
Draft 13-5
05/06/83
than 50 percent benefically owned" means that
more than 50 percent of each category of part-
nership interest (e.g., general, limited) is
owned by such individuals. (With respect to
stock or interests held by companies, funds
or institutions, the ultimate beneficial owner-
ship by individuals is controlling.)
(2) The corporation or partnership:
(a) has been incorporated or legally organized
in the United States for more than three
years prior to the issuance date of the
invitation for bids or request for
proposals,
(b) has performed within the United States
administrative and technical, professional
or construction services under a contract
or contracts for services and derived
revenue therefrom in each of the three
years prior to the date described in the
preceding paragraph,
(c) employs United States citizens in more
than half its permanent full-time posi-
tions in the United States and
(d) has the existing capability in the United
States to perform the contract or
13-6
Draft
05/06/83
1) A joint venture or unincorporated
association consisting entirely of
individuals, corporations or partner-
ships which fit categories D2a and
D2b of this clause. However, joint
ventures with firms wholly or partial-
ly owned by the collaborating govern-
ment are ineligible.
2) A duly authorized officer of the firm
shall certify that the participating
firm meets either the requirements
of subparagraphs D2b(1) or D2b(2)
of this clause. In the case of corpora-
tions, the certifying officer shall
be the corporate secretary. With re-
spect to the requirements of subpara-
graph D2b(1) of this clause, the certi-
fying officer may presume citizenship
on the basis of the stockholder's
record address, provided the certify-
ing officer certifies, regarding any
stockholder (including any corporate
funds or institutional stockholder)
whose holdings are material to the
corporation's eligibility, that the
certifying officer knows of no fact
which might rebut that presumption.
Draft 13-7
05/06/83
3. Ineligible Suppliers of Commodities and Services
Citizens or firms of any country not approved are ineli-
gible as suppliers, contractors, subcontractors or
agents in connection with AID-financed contracts for
goods or services. However, non-U.S. citizens lawfully
admitted for permanent residence in the United States
are eligible.
E. Nationality of Employees under Contracts and Subcontracts
for Services
The nationality policy of subparagraph D2 of this clause
does not apply to the employees of contractors or subcontrac-
tors, but all contractor and subcontractor employees engaged
in providing services under AID-financed contracts must
be citizens of approved countries or non-U.S. citizens law-
fully admitted for permanent residence in the United States.
F. The Collaborating Country as a Source
With certain exceptions, the collaborating country is not
normally an eligible source for procurement to be paid in
U.S. dollars. The exceptions are for ocean freight and ma-
rine insurance (see paragraphs C1 of this clause). The col-
laborating country may be an eligible source if local cost
financing is approved either by specific action of the grant
officer or in the Schedule of the Grant. In such cases,
the General Provision entitled "Local Cost Financing with
U.S. Dollars", as required by AIDPR 7-6.5104, will apply.
Draft 13-8
05/06/83
G. Ineligible Goods and Services
The following goods or services shall not be procured under
the Subgrant.
1. military equipment
2. surveillance equipment
3. commodities and services for support of police or other
law enforcement activities
4. abortion equipment and services
5. luxury goods and gambling equipment
6. weather modification equipment
If AID determines that the Subgrantee has procured any of
these specific ineligible goods and services under the Sub-
grant and has received payment therefore, the Subgrantee
agrees to refund to AID the entire amount of the purchase.
H. Restricted Goods
The Subgrantee shall not procure any of the following goods
or services without the prior written approval of the Grant
Officer. Requests for such approval is to be submitted
through the Management Entity.
1. agricultural commodities
2. motor vehicles
3. pharmaceuticals
4. pesticides
5. plasticizers
6. used equipment
7. U.S. Government-owned excess property
Draft 13-9
05/06/83
If AID determines that the Subgrantee has procured any of
these specified restricted goods under the Subgrant without
the prior written authorization of the Grant Officer, and
has received payment for such purposes, the Subgrantee
agrees to refund to AID the entire amount of the purchase.
I. Printed or Audio-Visual Teaching Materials
If the effective use of printed or audio-visual teaching
materials depends upon their being in the local language
and if such materials are intended for technical assistance
projects or activities financed by AID in whole or in part
and if other funds, including U.S.-owned or U.S.-controlled
local currencies, are not readily available to finance the
procurement of such materials, local language versions may
be procured.
J. Ineligible Suppliers
Funds provided under this Subgrant shall not be used to
procure any commodity or commodity-related services fur-
nished by any supplier whose name appears on the List of
Ineligible Suppliers under AID Regulation 8, "Suppliers
of Commodities and Commodity-Related Services Ineligible
for AID Financing" (22 CFR 208). The Subgrantee agrees to
review said list prior to undertaking any procurement, the
cost of which is to be financed under the Subgrant. The
Management Entity will provide the Subgrantee with this
list.
Draft 14-1
05/06/83
14. TITLE TO, USE AND CARE OF PROPERTY-
A. The term "property" as used in this provision shall mean
Subgrantee purchased property the cost of which is reimbursed
by AID under the Grant. The term "nonexpendable property"
means property which is complete in itself, does not lose
its identity or become a component part of another article
when put into use and is durable with an expected service
life of two years or more.
B. The Schedule of the Grant shall specify (or the AID Grant
Officer may direct) that title to specific property shall
be vested in the Subgrantee, the U.S. Government or in the
collaborating country. When title is to be vested in the
Subgrantee, paragraph C of this provision is applicable.
When title is to be vested in the collaborating country,
paragraph D of this provision is applicable. If specific
direction regarding placement of title is not provided ei-
ther in the Schedule of this Grant or by the AID Grant Of-
ficer then title shall be vested in the Subgrantee, and
paragraph C of this provision is applicable.
C. Subgrantee Titled Property
1. The Subgrantee shall not charge for any depreciation,
amortization or use of property, title to which remains
in the Subgrantee under the Subgrant or any other U.S.
Government agreement, subagreement, contract or
subcontract.
-Developed from "Standard Provisions", Section 23, accompanying the
Soil Management CRSP Grant.
Draft 14-2
05/06/83
2. The Subgrantee agrees to use and maintain the property
for the purpose of the Subgrant.
3. With respect to nonexpendable property having an acqui-
sition cost of $1,000 or more, title to which vests
in the Subgrantee, the Subgrantee agrees:
a. to report such items to the Management Entity from
time to time as they are acquired and to maintain
a control system which will permit their ready iden-
tification and location.
b. to transfer title to any such items in accordance
with any written request therefore issued by the
Management Entity at any time prior to final payment
under the Subgrant.
D. Collaborating Country Titled Property
1. Property title to the collaborating country shall be
under the control of the Subgrantee until the owner
of title directs otherwise or completion of work under
the Subgrant. All performance guarantees and warranties
obtained from suppliers shall be taken in the name of
the title owner.
2. The Subgrantee shall prepare and establish a program
for the receipt, use, maintenance, protection, custody
and care of the collaborating country titled property
for which it has custodial responsibility, including
the establishment of reasonable controls to enforce
such program.
Draft 14-3
05/06/83
3. Within 90 days after completion of the Subgrant or at
such other date as may be fixed by the Management Enti-
ty, the Subgrantee shall submit an inventory schedule
covering all items of property under its custody, title
to which is in the collaborating country or public or
private agency designated by the collaborating country
which have not been consumed in the performance of the
Subgrant. The Subgrantee shall also indicate what dis-
position has been made of such property.
Draft 15-1
05/06/83
15. PUBLICATIONS AND REPORTS-
A. All publications containing results from research supported
from funds provided under the Subgrant will include the
following citation or such other recognition as approved
by the Management Entity and Project Manager.
"The results reported in this publication were obtained
from research supported, in part, by the Agency for
International Development under Grant No. DAN-1311-G-SS-
1083-00."
B. The Subgrantee shall provide the Management Entity (1) with
30 copies of all published works developed under the Sub-
grant and (2) with lists of other written work produced
under the Subgrant.
C. In the event Subgrant funds are used to underwrite the cost
of publishing, in lieu of the publisher assuming this cost
as is the normal practice, any profits or royalties up to
the amount of such cost shall be credited to the Subgrant.
D. The Subgrantee is permitted to secure copyright to any publi-
cation produced or composed under the Subgrant provided
that the Subgrantee agrees to grant to the Government a
royalty-free, nonexclusive and irrevocable license through-
out the world to use, duplicate, disclose or dispose of
such publications in any manner and for any purpose and
to authorize others to use the work for Government purposes.
- Developed from "Standard Provisions", Section 16, accompanying the
Soil Management CRSP Grant.
Draft 16-1
05/06/83
16. NEGOTIATED OVERHEAD RATES-
A. Overhead rates) shall be established for each of the Sub-
grantee's fiscal years or other specified period during
the term of the Subgrant.
B. The Subgrantee, as soon as possible but not later than nine-
ty (90) days after the close of each of its fiscal years
or other specified periods during the term of the Subgrant,
shall submit to the Management Entity a proposed final rate
or rates for the period. The proposed rates) and base(s)
will be submitted by the Management Entity to the AID Grant
Officer for approval.
C. The results of each negotiation shall be set forth in a
written overhead rate agreement executed by the Subgrantee
and the AID Office of Contract Management. Such agreement
shall specify (1) the agreed final ratess, (2) the base(s)
to which the rates) apply and (3) the periods for which
the rates) apply. The overhead rate agreement shall not
change any monetary ceiling, Subgrant obligation or specific
cost allowance or disallowance provided for in the Subgrant.
D. Pending establishment of final overhead rates for any period,
the Subgrantee shall be reimbursed at billing rates subject
to appropriate adjustment when the final rates for that
period are established. To prevent substantial over or under
payment, the provisional or billing rates may, at the re-
quest of either party, be revised by mutual agreement, ei-
ther retroactively or prospectively.
-/Developed from "Standard Provisions", Section 4A, accompanying the
Soil Management CRSP Grant.
17-1
Draft
09/28/83
17. ACCOUNTING, AUDIT AND RECORDS-/
S A. The Subgrantee shall maintain a financial management system
in accordance with the requirements set forth in OMB Circular
A-110. A copy of reports and audits resulting from this sys-
tem as they concern the Subgrant will be furnished to the
Management Entity.
B. The AID Inspector General and the Comptroller General of
the United States or their duly authorized representatives
reserve the right to conduct an audit of the Subgrantee's
books and records to determine whether the Subgrantee has
expended AID's funds in accordance with the terms and condi-
tions of the Subgrant. The Subgrantee agrees both to make
available any further information requested by AID with re-
spect to any questions arising as a result of the audit and
to include the requirements of this provision in any subordi-
nate agreement.
1/Developed from "Standard Provisions", Section 3, accompanying the
Soil Management CRSP Grant.
Draft 18-1
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18. AUDIT AND RECORDS NON-U.S. SUBGRANTEES AND CONTRACTORS-/
A. The Grantee shall require of U.S. Subgrantees that all non-
U.S. institutions with whom it engages in subordinate agree-
ments involving allocation of funds that they maintain
books, records, documents and other evidence and accounting
procedures and practices sufficient to reflect properly
that funds provided by the Subgrantee were expended exclu-
sively for the purposes of the subordinate agreement. Such
records shall be maintained for three years following the
expiration of the subordinate agreement.
B. The Subgrantee shall ensure that, after each twelve months
of a subordinate agreement with a non-U.S. institution,
an audit is conducted on these institutions' records by
an independent public accountant with a national certifica-
tion similar or equivalent to a certified public accountant.
If the Subgrantee determines that an audit is not possible
or feasible, it shall submit to the AID Grant Officer the
reasons why such an audit is not possible or feasible and
present for the approval of the AID Grant Officer alterna-
tives which will achieve the objectives set forth in this
provision. The Subgrantee shall include in each subordinate
agreement hereunder a provision by which the Subgrantee
asserts the right to audit if the independent audit does
not take place or is unacceptable. The subordinate agreement
- Developed from "Standard Provisions", Section 24, accompanying the
Soil Management CRSP Grant.
Draft
09/28/83
shall also require that the institutions with whom the sub-
ordinate agreements are made shall make available any fur-
ther information as requested by the Subgrantee with respect
to questions concerning the audit. The report of independent
audit shall be submitted to the Subgrantee and retained
by it in accordance with the standard provision entitled
ACCOUNTING, AUDIT AND RECORDS.
C. The purpose of the independent audit shall be to determine
the propriety and necessity of the subrecipient's expendi-
tures in terms of the purposes for which the funds were
made available and the adequacy of the subrecipient's finan-
cial management. Notwithstanding the requirement for an
independent audit, the AID Inspector General and the Compt-
troller General of the United States or their duly autho-
rized representatives reserve the right to conduct an audit
of the subrecipient's books and records to determine whether
the subrecipient has expended AID's funds in accordance
with the terms of the Grant. The terms of this provision
are applicable only to subordinate agreements with non-U.S.
institutions.
18-2
Draft 19-1
05/06/83
19. LIMITATION OF FUNDS-l
A. It is estimated that the cost to the Government for the
performance of the Subgrant will not exceed the estimated
cost set forth in the Schedule of the Subgrant, and the
Subgrantee agrees to use its best efforts to carry out the
program specified in the Schedule and all obligations under
the Subgrant within such estimated cost.
B. The amount presently available for payment and allotted
to the Subgrant, the items covered thereby and the period
of performance which it is estimated the allotted amount
will cover are specified in the Schedule. It is contemplated
that from time to time additional funds will be allotted
to the Subgrant up to the full estimated cost set forth
in the Schedule. The Subgrantee agrees to carry out, or
have carried out, the program under the Subgrant up to the
point at which the total amount paid and payable by the
Government pursuant to the terms of the Subgrant approxi-
mates but does not exceed the total amount actually allotted
to the Subgrant.
C. If at any time the Subgrantee has reason to believe that
the costs which it expects to incur in carrying out the
program of the Subgrant in the next succeeding 60 days,
when added to all costs previously incurred, will exceed
75 percent of the total amount then allotted to the Subgrant,
-/Developed from "General Provisions, Cost Reimbursement Contract
with an Educational Institution", Section 10, dated 10/82.
Draft 19-2
05/06/83
the Subgrantee shall notify the Management Entity in writing
to that effect. The notice shall state the estimated amount
of additional funds required to continue the program for
the period set forth in the Schedule.
Sixty days prior to the end of the period specified in the
Schedule, the Subgrantee will advise the Management Entity
in writing as to the estimated amount of additional funds,
if any, that will be required for the timely carrying out
of the program under the Subgrant or for such further period
as may be specified in the Schedule or otherwise agreed
to by the parties.
If, after notification, pursuant to the above, additional
funds are not allotted by the end of the period set forth
in the Schedule or an agreed date substituted therefore,
the Management Entity will, upon written request by the
Subgrantee, terminate the Subgrant pursuant to the provi-
sions of the TERMINATION provision on such date. If the
Subgrantee, in the exercise of its reasonable judgment,
estimates that the funds available will allow it to continue
to discharge its obligation hereunder for a period extending
beyond such date, it shall specify the later date in its
request and the Management Entity, in its discretion, may
terminate this Subgrant on that later date.
D. Except as required by other provisions of the Subgrant,
specifically citing and stated to be an exception from this
provision, the Management Entity shall not be obligated
Draft
05/06/83
to reimburse the Subgrantee for costs incurred in excess
of the total amount from time to time allotted to the Sub-
grant, and the Subgrantee shall not be obligated to continue
carrying out the program under the Subgrant (including ac-
tions under the TERMINATION provision) or otherwise to incur
costs in excess of the amount allotted to the Subgrant un-
less and until the Management Entity has notified the Sub-
grantee in writing that.such allotted amount has been in-
creased and has specified in such notice an increased amount
constituting the total amount then allotted to the Subgrant.
To the extent the amount allotted exceeds the estimated
cost set forth in the Schedule, such estimated cost shall
be correspondingly increased. No notice, communication or
representation in any other form or from any person other
than the Management Entity shall affect the amount allotted
to the Subgrant. In the absence of the specified notice,
the Management Entity shall not be obligated to reimburse
the Subgrantee for any costs in excess of the total amount
then allotted to the Subgrant, whether those excess costs
were incurred during the course of the Subgrant or as result
of termination. When and to the extent that the amount al-
lotted to the Subgrant has been increased, any costs incurred
by the Subgrantee in excess of the amount previously allotted
shall be allowble to the same extent as if such costs had
been incurred after such increase in the amount allotted,
unless the Management Entity issues a termination or other
notice and directs that the increase is solely for the pur-
pose of covering termination or other specified expenses.
19-3
20-1
Draft
05/06/83
20. SUBORDINATE AGREEMENTS-/
The placement of subordinate agreements (e.g., leases, options,
agreements or contracts) with other organizations, firms or
institutions and the provisions of such subordinate agreements
that will involve expenditure of funds provided by the Subgrant
are subject to prior written consent of the Management Entity
and the Grant Officer. In no event shall any such subordinate
agreement be on a cost-plus-a-percentage-of-cost basis. Subordi-
nate contractors (including suppliers) shall be selected on
a competitive basis to the maximum practicable extent consis-
tent with the obligations and requirements of the Subgrant.
-/Developed from "Standard Provisions", Section 15, accompanying the
Soil Management CRSP Grant.
21-1
Draft
09/28/83
21. USE OF FOREIGN CURRENCY-
S A. Whenever the Subgrantee has a need to convert U.S. dollars
into local currencies, such conversion shall be made through
the U.S. Disbursing Officer. If the Disbursing Officer is
unable to effect such conversion, the Subgrantee is free
to use the facilities of any accredited financial
institution.
B. All expenditures of the Subgrantee in excess or near-excess
currency countries, including per diem (subsistence) ex-
penses, which will be reimbursable by AID under this Grant,
shall be funded from U.S.-owned foreign currencies, unless
otherwise authorized in writing by the U.S. Disbursing
Officer or the AID Grant Officer.
-/Developed from "Standard Provisions", Section 11, accompanying the
Soil Management CRSP Grant.
Draft
05/06/83
22. INELIGIBLE COUNTRIES-
Unless otherwise approved by the AID Grant Officer, no AID funds
will be expended for costs incurred in countries ineligible for
assistance under the Foreign Assistance Act of 1961, as amended,
or under acts appropriating funds for foreign assistance.
1/
- Developed from "Standard Provisions", Section 18, accompanying the
Soil Management CRSP Grant.
22-1
Draft
05/06/83
23. SUBGRANTEE-MISSION RELATIONSHIPS-
A. The Subgrantee acknowledges that the Subgrant is an impor-
tant part of the United States Foreign Assistance Program
and agrees that his operations and those of his employees
in the collaborating country will be carried out in such
a manner as to be fully commensurate with the responsibili-
ties which this entails.
B. The Mission Director is the chief representative of AID
in the collaborating country. In this capacity, he is respon-
sible for the total AID program in the collaborating coun-
try. Although the Subgrantee is responsible for all profes-
sional, technical and administrative details of the work
called for by the Subgrant, he shall be under the guidance
of the Mission Director in matters relating to foreign poli-
cy. The on-site leader shall keep the Mission Director cur-
rently informed of the progress of the work under the
Subgrant.
C. It is understood by the parties that the Subgrantee's respon-
sibilities shall not be restrictive of academic freedom.
Notwithstanding these academic freedoms, the Subgrantee's
employees, while in the collaborating country, are expected
to show respect for its conventions, customs and institu-
tions, to abide by applicable laws and regulations and not
to interfere in its internal political affairs.
-/Developed from "Additional General Provisions, Cost Reimbursement
Contract with an Educational Institution", Section 2, dated 10/82.
23-1
Draft 23-2
05/06/83
D. In the event the conduct of any Subgrantee employee is not
in accordance with the preceding paragraphs, the Subgrant-
ee's on-site leader shall consult with the Mission Director
and the employee involved and shall recommend to the Sub-
grantee a course of action with regard to such employee.
E. The parties recognize the right of the U.S. Ambassador to
direct the removal from a country of any U.S. citizen or
the discharge from this Grant of any third country national
or collaborating country national when, in the discretion
of the Ambassador, the interests of the United States so
require.
F. If it is determined that the services of such employee shall
be terminated, the Subgrantee shall use his best efforts
to cause the return of such employee to the United States,
or point of origin, as appropriate.
24-1
Draft
05/06/83
24. U.S. OFFICIALS NOT TO BENEFIT-
No member of or delegate to the U.S. Congress or resident U.S.
commissioner shall be admitted to any share or part of the Sub-
grant or to any benefit that may arise therefrom, but this pro-
vision shall not be construed to extend to the Subgrant if made
with a corporation for its general benefit.
-/Developed from "Standard Provisions", Section 20, accompanying
the Soil Management CRSP Grant.
Draft 25-1
05/06/83
25. COVENANT AGAINST CONTINGENT FEES-
The Subgrantee warrants that no person or selling agency has
been employed or retained to solicit or secure the Subgrant
upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee except bona fide employees or bona
fide established commercial or selling agencies maintained by
the Subgrantee for the purpose of securing business. For breach
or violation of this warranty, AID shall have the right to can-
cel the Subgrant without liability or, in its discretion, to
deduct from the Subgrant an amount, or otherwise recover, the
full amount of each commission, percentage, brokerage or con-
tingent fee.
--Developed from "Standard Provisions", Section 21, accompanying the
Soil Management CRSP Grant.
26-1
Draft
05/06/83
26. NONLIABILITY-/
AID assumes no liability with respect to any third party for
any claims for damages arising out of the program supported
by this Subgrant.
-"Developed from "Standard Provisions", Section 22, accompanying the
Soil Management CRSP Grant.
Draft 27-1
05/06/83
27. EQUAL OPPORTUNITY IN EMPLOYMENT/
A. With respect to the employment of persons in the U.S. under
the Subgrant, the Subgrantee agrees to take all reasonable
steps to ensure equality of opportunity in its employment
practices without regard to race, color or national origin
of such persons and, in accordance with Title VI of the Civil
Rights Act of 1964, when work funded by the Subgrant is per-
formed in the U.S., no person shall on the grounds of race,
color or national origin be excluded from participation,
be denied benefits or be subjected to discrimination. In
addition, the Subgrantee agrees to comply, in accordance
with its written assurance of compliance, with the provisions
of Part 209 of Chapter II, Title 22 of the Code of Federal
Regulations entitled Non-discrimination in Federally Assisted
Programs of the Agency for International Development Effect-
uation of Title VI of the Civil Rights Act of 1964.
B. In addition, the Subgrantee agrees to take all reasonable
steps to ensure equality of opportunity in its employment
practices without regard to sex, religion, age and handicap,
in accordance with P.L. 92-261, P.L. 93-259, P.L. 93-112
and P.L. 93-508. When work funded by AID under the Subgrant
is performed in either the U.S. or overseas, no person shall
on the grounds of sex, religion, age or handicap be excluded
from participation, be denied benefits or be subjected to
discrimination.
-/Developed from "Standard Provisions", Section 19, accompanying the
Soil Management CRSP Grant.
Draft 28-1
05/06/83
28. DISPUTES-!
A. Except as otherwise provided in the Subgrant, any dispute
concerning a question of fact arising under it which is
not disposed of by agreement shall be decided by the AID
Grant Officer, who shall reduce his decision to writing
and mail or otherwise furnish a copy thereof to the Grantee
and the Subgrantee. The decision of the AID Grant Officer
shall be final and conclusive unless within thirty (30)
days from the date of receipt of such copy, the Grantee
or Subgrantee mails or otherwise furnishes to the AID Grant
Officer a written appeal addressed to the Administrator,
Agency for International Development, Washington, DC 20523.
The decision of the Administrator or his duly authorized
representative for the determination of'such appeals shall
be final and conclusive unless determined by a court of
competent jurisdiction to have been fraudulent, or capri-
cious, or arbitrary or so grossly erroneous as necessarily
to imply bad faith or not supported by substantial evidence.
In connection with any appeal proceeding under this provi-
sion, the Grantee and Subgrantee shall be afforded an oppor-
tunity to be heard and to offer evidence in support of its
appeal.
B. This Disputes provision does not preclude consideration
of law questions in connection with decisions provided for
- Developed from "Standard Provisions", Section 13, accompanying
the Soil Management CRSP Grant.
Draft 28-2
05/06/83
in paragraph A above, provided that nothing in the Subgrant
shall be construed as making final the decision of any ad-
ministrative official, representative or board on a question
of law.
Draft 29-1
05/06/83
29. REFUNDS-
A. If the use of Subgrant funds results in an accrual of inter-
est to the Subgrantee or to any other person or entity to
whom the Subgrantee makes such funds available in carrying
out the purposes of the Subgrant, the Subgrantee shall re-
fund to AID an amount equivalent to the amount of interest
accrued.
B. Funds obligated hereunder but not disbursed to the Subgrant-
ee at the time the Subgrant expires or is terminated shall
revert to the Management Entity, except for funds encumbered
by the Subgrantee by a legally binding transaction applica-
ble to its Subgrant. Any funds disbursed to but not expended
by the Subgrantee at the time of expiration or termination
of its Subgrant shall be refunded to the Management Entity.
C. If at any time during the life of the Subgrant it is deter-
mined by the Management Entity that funds obligated by the
Management Entity under the Subgrant have been expended
for purposes not in accordance with the terms of the Sub-
grant, the Subgrantee shall restore an equivalent amount
to the Grant account.
-/Developed from "Standard Provisions", Section 8, accompanying the
Soil Management CRSP Grant.
Draft 30-1
09/28/83
1/
30. TERMINATION-
/ A. For Cause.
A Subgrant may be terminated for cause, in whole or in part,
by the Management Entity with written approval by the Grant
Officer whenever it is determined that the Subgrantee has
failed to comply with the conditions of the Grant. A written
notice of intent will be sent to the Subgrantee by the Man-
agement Entity not less than 60 days prior to the termina-
tion date.
B. For Convenience.
A Subgrant may be terminated for convenience at any time
by either party, in whole or in part, if both parties agree
that the continuation of it would not produce beneficial
results commensurate with the further expenditures of funds.
Both parties shall agree upon termination conditions includ-
ing the effective date and in the case of partial termina-
tion, the portion to be terminated. The agreement to termi-
nate shall be approved in a letter from the AID Grant
Officer to the Grantee.
C. Termination Procedures
Upon receipt of and in accordance with a termination notice
as specified in either paragraph A or B above, the Subgrant-
ee shall forthwith take immediate action to minimize all
expenditures and obligations financed by the Subgrant and
shall cancel such unliquidated obligations whenever possi-
ble. Except as provided below, no further reimbursement
shall be made after the effective date of termination, and
Developed from "Standard Provisions", Section 14, accompanying
the Soil Management CRSP Grant.
Draft 30-2
05/06/83
the Subgrantee shall within 30 calendar days after the effec-
tive date of such termination repay to the Management Entity
all unexpended portions of funds theretofore paid by the
Management Entity to the Subgrantee which are not otherwise
obligated by a legally binding transaction applicable to
the Subgrant. Should the funds paid by the Management Entity
to the Subgrantee prior to the effective date of the termina-
tion of the Subgrant be insufficient to cover the Subgrant-
ee's obligations pursuant to the aforementioned legally
binding transactions, the Subgrantee may submit to the
Management Entity within 90 calendar days after the effec-
tive date of such termination a written claim covering such
obligations and, subject to the limitations contained in
the Subgrant, the Director of the Management Entity shall
determine the amount or amounts to be paid by the Management
Entity to the Subgrantee under such claim in accordance
with the applicable Federal cost principles.
|