48 U.S.C. § 1921e — Construction contract assistance
submitted 23 years ago by Pub. L. 108-188 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 368 words · no verdicts yet
This section requires consultation and agreements to help United States firms provide construction-related training and assistance in Micronesia and the Marshall Islands. It authorizes funding for that assistance and for certain contract preferences.
(a) Assistance to United States firms. To help the two island governments through private firms that may receive construction or major capital-infrastructure repair contracts, the United States must consult those governments about the contracts. The United States must also make agreements with qualifying “United States firms.” Consistent with the governments’ requirements, each firm must, as far as possible, employ citizens of the two islands; provide on-the-job training when those citizens lack needed skills, especially skills for operating machinery and routine and preventive maintenance; and provide training or other help so the government can maintain infrastructure over the long term. This assistance may not exceed 20 percent of the contract amount. It is available only to firms meeting the Agency for International Development nationality rule for service suppliers. The section authorizes whatever funds are necessary. (b) Appropriations. Funds may be appropriated to cover extra costs incurred by either island government if, under an agreement with the United States, it gives United States firms a contract-award preference. That preference may not exceed 10 percent of the lowest qualified bid from a non-United States firm.
In order to assist the Governments of the Federated States of Micronesia and of the Republic of the Marshall Islands through private sector firms which may be awarded contracts for construction or major repair of capital infrastructure within the Federated States of Micronesia or the Republic of the Marshall Islands, the United States shall consult with the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands with respect to any such contracts, and the United States shall enter into agreements with such firms whereby such firms will, consistent with applicable requirements of such Governments—
to the maximum extent possible, employ citizens of the Federated States of Micronesia and the Republic of the Marshall Islands;
to the extent that necessary skills are not possessed by citizens of the Federated States of Micronesia and the Republic of the Marshall Islands, provide on the job training, with particular emphasis on the development of skills relating to operation of machinery and routine and preventative maintenance of machinery and other facilities; and
provide specific training or other assistance in order to enable the Government to engage in long-term maintenance of infrastructure.
Assistance by such firms pursuant to this section may not exceed 20 percent of the amount of the contract and shall be made available only to such firms which meet the definition of United States firm under the nationality rule for suppliers of services of the Agency for International Development (hereafter in this section referred to as “United States firms”). There are authorized to be appropriated such sums as may be necessary for the purposes of this subsection.
There are authorized to be appropriated such sums as may be necessary to cover any additional costs incurred by the Government of the Federated States of Micronesia or the Republic of the Marshall Islands if such Governments, pursuant to an agreement entered into with the United States, apply a preference on the award of contracts to United States firms, provided that the amount of such preference does not exceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract.
Source credit: (Pub. L. 108–188, title I, § 106, Dec. 17, 2003, 117 Stat. 2755.)
- 2003Enacted · Pub. L. 108-188 · 117 Stat. 2755
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-188 on 2003-12-17.
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