Common use of Third Country Clause in Contracts

Third Country. National (TCN) employee means an individual who meets the citizen- ship requirements of 48 CFR 702.170–15 and is hired while residing outside the United States for work in a Cooperating Country. [49 FR 13259, Apr. 3, 1984, as amended at 52 FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, 1987; 55 FR 6802, Feb. 27, 1990; 64 FR 42042, Aug. 3, 1999] Pursuant to the Uniform State/ USAID/USIA Regulations (Volume 12, Foreign Affairs Manual, Chapter 540), USAID applies the safeguards applica- ble to ‘‘Confidential’’ information to administratively controlled informa- tion designated as ‘‘Sensitive But Un- classified’’. Therefore, when the clause in FAR 52.204–2 is used in USAID con- tracts, pursuant to 704.404, paragraph (a) of the clause is revised as follows: (a) This clause applies to the extent that this contract involves access to classified (‘Confidential’, ‘Secret’, or ‘Top Secret’), or administratively controlled (‘Sensitive But Unclassified’) information. [49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33668, Aug. 24, 1984; 62 FR 40469, July 29, 1997; 64 FR 5008, Feb. 2, 1999] As prescribed in 709.507–2, include the following clause in any solicitation containing a provision in accordance with (48 CFR) FAR 9.507–1, or a clause in accordance with (48 CFR) FAR 9.507– 2, establishing a restraint on the con- tractor’s eligibility for future con- tracts. ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD (JUN 1993) (a) The Contractor agrees that, if after award it discovers either an actual or poten- tial organizational conflict of interest with respect to this contract, it shall make an im- mediate and full disclosure in writing to the Contracting Officer which shall include a de- scription of the action(s) which the Con- tractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. (b) The Contracting Officer shall provide the contractor with written instructions concerning the conflict. USAID reserves the right to terminate the contract if such ac- tion is determined to be in the best interest of the Government. [58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5008, Feb. 2, 1999] The following clause shall be used in all USAID-direct contracts. LANGUAGE AND MEASUREMENT (JUN 1992) (a) The English language shall be used in all written communications between the par- ties under this contract with respect to serv- ices to be rendered and with respect to all documents prepared by the contractor except as otherwise provided in the contract or as authorized by the contracting officer. (b) Wherever measurements are required or authorized, they shall be made, computed, and recorded in metric system units of meas- urement, unless otherwise authorized by USAID in writing when it has found that such usage is impractical or is likely to cause U.S. firms to experience significant in- efficiencies or the loss of markets. Where the metric system is not the predominant stand- ard for a particular application, measure- ments may be expressed in both the metric and the traditional equivalent units, pro- vided the metric units are listed first.

Third Country. National (TCN) employee means an individual who meets the citizen- ship requirements of 48 CFR 702.170–15 and is hired while residing outside the United States for work in a Cooperating Country. [49 FR 13259, Apr. 3, 1984, as amended at 52 FR 4145, Feb. 10, 1987; 52 FR 38098, Oct. 14, 1987; 55 FR 6802, Feb. 27, 1990; 64 FR 42042, Aug. 3, 1999] Pursuant to the Uniform State/ USAID/USIA Regulations (Volume 12, Foreign Affairs Manual, Chapter 540), USAID applies the safeguards applica- ble to ‘‘Confidential’’ information to administratively controlled informa- tion designated as ‘‘Sensitive But Un- classified’’. Therefore, when the clause in FAR 52.204–2 is used in USAID con- tracts, pursuant to 704.404, paragraph (a) of the clause is revised as follows: (a) This clause applies to the extent that this contract involves access to classified (‘Confidential’, ‘Secret’, or ‘Top Secret’), or administratively controlled (‘Sensitive But Unclassified’) information. [49 FR 13259, Apr. 3, 1984, as amended at 49 FR 33668, Aug. 24, 1984; 62 FR 40469, July 29, 1997; 64 FR 5008, Feb. 2, 1999] As prescribed in 709.507–2, include the following clause in any solicitation containing a provision in accordance with (48 CFR) FAR 9.507–1, or a clause in accordance with (48 CFR) FAR 9.507– 2, establishing a restraint on the con- tractor’s eligibility for future con- tracts. ORGANIZATIONAL CONFLICTS OF INTEREST DISCOVERED AFTER AWARD (JUN 1993). (a) The Contractor agrees that, if after award it discovers either an actual or poten- tial organizational conflict of interest with respect to this contract, it shall make an im- mediate and full disclosure in writing to the Contracting Officer which shall include a de- scription of the action(s) which the Con- tractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. (b) The Contracting Officer shall provide the contractor with written instructions concerning the conflict. USAID reserves the right to terminate the contract if such ac- tion is determined to be in the best interest of the Government. [58 FR 42255, Aug. 9, 1993, as amended at 64 FR 5008, Feb. 2, 1999] The following clause shall be used in all USAID-direct contracts. LANGUAGE AND MEASUREMENT (JUN 1992). (a) The English language shall be used in all written communications between the par- ties under this contract with respect to serv- ices to be rendered and with respect to all documents prepared by the contractor except as otherwise provided in the contract or as authorized by the contracting officer. (b) Wherever measurements are required or authorized, they shall be made, computed, and recorded in metric system units of meas- urement, unless otherwise authorized by USAID in writing when it has found that such usage is impractical or is likely to cause U.S. firms to experience significant in- efficiencies or the loss of markets. Where the metric system is not the predominant stand- ard for a particular application, measure- ments may be expressed in both the metric and the traditional equivalent units, pro- vided the metric units are listed first.