Page:United States Statutes at Large Volume 100 Part 1.djvu/900

 100 STAT. 864

PUBLIC LAW 99-399—AUG. 27, 1986 (3) REPROGBAMMING TREATMENT.—Amounts made available for furniture, furnishings, and equipment pursuant to subsection (a) shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogramming.

22 USC 4852.

SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. (a) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-

22 USC 302.

ing section 11 of the Foreign Service Buildings Act, 1926, and where adequate competition exists, only United States persons and qualified United States joint venture persons may— (1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $5,000,000; and (2) bid on a diplomatic construction or design project which involves physical or technical security. (b) EXCEPTION.—Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act cf 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the "Foreign Missions Act"). (c) DEFINITIONS.—For the purposes of this section— (1) the term "adequate competition" means with respect to a construction or design project, the presence of two or more qualified bidders submitting responsive bids for that project; (2) the term "United States person" means a person which— (A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States— (i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and (ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2); (D) has performed within the United States administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid; ^ -^ ' i^" > ^ axx^a^*^ ^

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