From the Staff Committee 2011-2012
(202) 458-6230- Fax (202) 458-3466
May 23, 2012
FYI # 7/11-12 Original: English
Did you know that Executive Order 05-04 Corr.1 establishes the performance contract (CPR) rules?
An Independent Contractor (or consultant) is a natural or legal person who, in the pursuit of an independent business, provides goods or services to GS/OAS, using the contractor's own means and methods, without detailed supervision and control by GS/OAS over the production of the product, result, or service required, and without the subordination, prohibitions against assignment, and exclusivity required from employees. An independent contractor is neither an employee nor a staff member.
It also establishes some prohibitions related to persons who can be granted a Performance Contract. No performance contract shall be awarded to: staff member of GS/OAS or any person who has held the post of Secretary General or Assistant Secretary General, or a position of trust unless the contract is approved by the Secretary General or the Chief of Staff of the Secretary General; any delegate, diplomatic representative, or other government employee of an OAS Member State; any relative of a GS/OAS staff member above the P-3 level or a relative of any other GS/OAS staff member who has authority to issue the subject contract; any relative of a representative or delegate of a Member State to the OAS; any person employed by an institution that is receiving funds from the GS/OAS as part of a GS/OAS project, except in those cases where the employee is on leave without pay from that institution.
In addition, it stipulates that an independent contractor may not directly supervise a GS/OAS staff member or direct a project or mission that requires the contractor to supervise GS/OAS staff members.
For more information you can access the Executive order at:
http://www.oas.org/legal/english/gensec/EXOR0504CORR1.doc