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Code of Federal Regulations Title 22. Foreign Relations § 22.228.14 Construction procurement with foreign-owned local firms

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) When the estimated cost of a contract for construction is $10 million or less and only local firms will be solicited, a local corporation or partnership which is a foreign-owned (owned or controlling interest by individuals not citizens or permanent residents, or equivalent immigration status, of the United States or the cooperating/recipient country) local firm will be eligible if it is determined by USAID to be an integral part of the local economy, see paragraph (b) of this section. However, such a determination is contingent on first ascertaining that no United States construction company with the required capability is currently operating in the cooperating/recipient country or, if there is such a company, that it is not interested in bidding for the proposed contract.

(b) A foreign-owned local firm is an integral part of the local economy provided:

(1) It has done business in the cooperating/recipient country on a continuing basis for at least three years prior to the issuance date of invitations for bids or requests for proposals to be financed by USAID;

(2) It has a demonstrated capability to undertake the proposed activity;

(3) All, or substantially all, of its directors of local operations, senior staff and operating personnel are lawfully resident (or equivalent immigration status to live and work on a continuing basis) in the cooperating/recipient country;  and

(4) Most of its operating equipment and physical plant are in the cooperating/recipient country.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 22. Foreign Relations § 22.228.14 Construction procurement with foreign-owned local firms - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-22-foreign-relations/cfr-sect-22-228-14/

Read this complete Code of Federal Regulations Title 22. Foreign Relations § 22.228.14 Construction procurement with foreign-owned local firms on Westlaw

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