e) If a specific legal authorization is specified for a personal service contract, seek the advice and advice of a lawyer. Yes, USPSCs are generally allowed to use apo/DPO service (or equivalent) and Pouch in the same way as direct hiring staff. Each message contains specific guidelines on restrictions on the use of these services (for example. B, liquids and batteries are often prohibited). 2. What is the difference between USPSCs and third-party providers? The award of diplomatic titles is managed by the Overseas Civil Service Assignment Unit of the Ministry of Foreign Affairs within the Office of Human Resources (HR/CDA/T&R). There is no law or regulation prohibiting the granting of full diplomatic titles to the USPSCs, and the award of diplomatic titles varies by post. One exception is that USPSCs cannot be notified as consular staff. ADS 155.3.1.2 states that “U.S. employees of the PSC of citizens and third countries shall be notified to the administrative and technical [administrative and technical] staff of the host government, unless the bilateral or other USAID agreement provides for notification with diplomatic agent status.” In addition, the Foreign Affairs Manual (3 FAH-1 H-2438.1-2) allows A&T employees to obtain full diplomatic designations for security reasons. Diplomatic titles are requested by EXO/HR by mail to USAID/Washington using Form DS-1474. (2) Each contractual agreement shall be assessed in light of its own facts and circumstances, the key question always being: Will the government exercise relatively continuous supervision and control over the personnel of the contractor performing the contract? Sporadic and unauthorized monitoring of only one of a large number of contractors could reasonably be considered irrelevant, while relatively continuous government monitoring of a significant number of contractors should be given strong consideration (see point (d) of this section). (3) This legal language remains in force and allows the Ministry of Foreign Affairs and now other authorities to undertake to provide personal services without complying with procurement laws.
To promote statutory powers, the Procurement Executive waived the applicability of the acquisition rules when personal services are purchased under the authority of 22 U.S.C. 2669(c). Therefore, it is not necessary for the person performing an EPS under 22 U.S.C. 2669(c) to have a contract agent appointment certificate required by FAR 1 603 and 601 603 (see 601.603-3(d)). As employees of the federal government, USPSCs can perform most of the functions of the state by nature. Appendix D of 48 CFR 7 states that USPSCs “may be delegated or assigned any authority, duty, or responsibility that may be delegated to directly employed U.S. citizens (USDH),” with the exception of three specific roles: 1) USPSCs may not supervise UCHRs, although exceptions may be made for limited periods of time; 2) USPSCs may represent USAID “except that notices that reflect a final agency policy, planning, or budget decision must be published by a USDH employee,” and 3) USPSCs may participate in personnel selection but cannot make the final decision in this process. USPSCs can now more easily obtain warrants (and thus sign contracts on behalf of the U.S.
government) in the same way as directly hired personnel; This was previously a fourth restriction for USPSCs, but it has been corrected. 23. Are USPSCs eligible for USAID Personnel Care Center services? 13. I was a direct employee of the U.S. government. Can I count my prepayment contribution in my annual leave quota? (c) Policy. DOS contract agents in positions abroad should not award personal services contracts subject to procurement laws and regulations. (viii) CFPs shall be entitled to four hours of annual leave and four hours of sick leave for each two-week period. However, if the Contractor has previously received a USAID PSC service (i.e., under other Personal Service Contracts (PSCs) within the meaning of FAA Section 636(a)(3) or other legal requirements applicable to USAID) and/or a previous U.S. Government (USG) direct rental service (civil and/or military service),” he will receive a leave based on the time of service as follows: Yes, USPSCs are usually eligible for training.
ADS 458.3.2 states that USPSCs may participate in training if the Office of Human Resources, Training and Education Division (OHR/TE) determines that it is “beneficial to the United States.” .
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