
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC302]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                  CHAPTER 8--FOREIGN SERVICE BUILDINGS
 
Sec. 302. Award of contracts


(a) Eligibility limitation for construction, etc., abroad

    Eligibility for award of contracts under this chapter or of any 
other contract by the Secretary of State, including lease-back or other 
agreements, the purpose of which is to obtain the construction, 
alteration, or repair of buildings and grounds abroad, when estimated to 
exceed $5,000,000, including any contract alternatives or options, shall 
be limited, after a determination that adequate competition will be 
obtained thereby, to (1) American-owned bidders and (2) bidders from 
countries which permit or agree to permit substantially equal access to 
American bidders for comparable diplomatic and consular building 
projects, except that participation may be permitted by or limited to 
host-country bidders where required by international agreement or by the 
law of the host country or where determined by the Secretary of State to 
be necessary in the interest of bilateral relations or necessary to 
carry out the construction project.

(b) Foreign laws and regulations; competitive status and adequacy; 
        bidder qualifications

    (1) Generally applicable laws and regulations pertaining to 
licensing and other qualifications to do business in the country in 
which the contract is to be performed shall not be deemed a limitation 
of access for purposes of this section.
    (2) For purposes of determining competitive status, bids qualifying 
under subsection (a)(1) of this section shall be reduced by 10 per 
centum.
    (3) A determination of adequacy of competition for purposes of 
subsection (a) of this section shall be made after advance publication 
by the Secretary of State of the proposed project, and receipt from not 
less than two prospective responsible bidders of intent to submit a bid 
or proposal. If competition is not determined to be adequate, contracts 
may be awarded without regard to subsection (a) of this section and this 
subsection.
    (4) Bidder qualification under subsection (a) of this section shall 
be determined on the basis of nationality of ownership, the burden of 
which shall be on the prospective bidder. Qualification under subsection 
(a)(1) of this section shall require evidence of (A) performance of 
similar construction work in the United States, and (B) either (i) 
ownership in excess of fifty percent by United States citizens or 
permanent residents, or (ii) incorporation in the United States for more 
than three years and employment of United States citizens or permanent 
residents in more than half of the corporation's permanent full-time 
professional and managerial positions in the United States.
    (5) Qualification under this section shall be established on the 
basis of determinations at the time bids are requested.

(c) Contracts for construction, etc., in United States

    Contracts for construction, alteration, or repair in the United 
States for or on behalf of any foreign mission (as defined in section 
202(a)(4) \1\ of title II of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 4302(a)(4)) may, pursuant to the authority of that 
title [22 U.S.C. 4301 et seq.], only be awarded to or performed by 
bidders qualifying under subsection (a) (1) or (2) or by nationals of 
the country for which the contract is being performed who are granted 
the right of entry into the United States for that purpose.
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    \1\ See References in Text note below.
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(d) Discretionary determinations by Secretary of State

    Determinations under this section shall be committed to the 
discretion of the Secretary of State.

(e) Termination of requirements

    This section shall cease to be effective when the Secretary of State 
determines that there are internationally-agree-upon \2\ rules in effect 
on bidding for construction contracts.
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    \2\ So in original. Probably should be ``internationally-agreed-
upon''.
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(May 7, 1926, ch. 250, Sec. 11, as added Pub. L. 98-164, title I, 
Sec. 136, Nov. 22, 1983, 97 Stat. 1029.)

                       References in Text

    Title II of the State Department Basic Authorities Act of 1956, 
referred to in subsec. (c), is title II of act Aug. 1, 1956, ch. 841, as 
added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b), 96 Stat. 
283, known as the Foreign Missions Act, which is classified principally 
to chapter 53 (Sec. 4301 et seq.) of this title. Section 202(a)(4) of 
title II was redesignated section 202(a)(3), and former section 
202(a)(5) was redesignated section 202(a)(4), by Pub. L. 103-236, title 
I, Sec. 162(o)(1), Apr. 30, 1994, 108 Stat. 409. For complete 
classification of title II to the Code, see Short Title note set out 
under section 4301 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 4852 of this title.
