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22 U.S.C. § 4864 — Increased participation of United States contractors in local guard contracts abroad under diplomatic security program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress makes the following findings:
(1) State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local security guard contract abroad.
(2) As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result.
(3) Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such contracts.
**(b) Objective** It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.
**(c) Participation of United States contractors in local guard contracts abroad** With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall—
(1) establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts through the competitive process;
(3) in evaluating proposals f
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Source file: Laws/federal/codes/united-states-code/title-22/section-4864-increased-participation-of-united-states-contractors-in-local-guard-cont--2ab20a2a7a.md
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Source location: Title 22, Chapter 58, § 4864; chapter-058-diplomatic-security.md
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**(a) Findings** The Congress makes the following findings:
(1) State Department policy concerning the advertising of security contracts at Foreign Service buildings has been inconsistent over the years. In many cases, diplomatic and consular posts abroad have been given the responsibility to determine the manner in which the private sector was notified concerning an invitation for bids or a request for proposals with respect to a local guard contract. Some United States foreign missions have only chosen to advertise locally the availability of a local security guard contract abroad.
(2) As a result, many United States security firms that provide local guard services abroad have been unaware that local guard contracts were available for bidding abroad and such firms have been disadvantaged as a result.
(3) Undoubtedly, United States security firms would be interested in bidding on more local guard contracts abroad if such firms knew of the opportunity to bid on such contracts.
**(b) Objective** It is the objective of this section to improve the efficiency of the local guard programs abroad administered by the Bureau of Diplomatic Security of the Department of State and to ensure maximum competition for local guard contracts abroad concerning Foreign Service buildings.
**(c) Participation of United States contractors in local guard contracts abroad** With respect to local guard contracts for a Foreign Service building which exceed $250,000 and are entered into after February 16, 1990, the Secretary of State shall—
(1) establish procedures to ensure that all solicitations for such contracts are adequately advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts through the competitive process;
(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d)) shall be evaluated by reducing the bid price by 10 percent;
(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition by United States firms—
(A) allow solicitations to be bid in United States dollars; and
(B) allow contracts awarded to United States firms to be paid in United States dollars;
(5) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits; and
(6) establish procedures to ensure that appropriate measures are taken by diplomatic and consular post management to assure that United States persons and qualified United States joint venture persons are not disadvantaged during the solicitation and bid evaluation process.
**(d) Definitions** For the purposes of this section—
(1) the term “United States person” means a person which—
(A) is incorporated or legally organized under the laws of the United States, including the laws of any State, locality, or the District of Columbia;
(B) has its principal place of business in the United States;
(C) has been incorporated or legally organized in the United States for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to the contract under subsection (c);
(D) has performed within the United States or overseas security services similar in complexity to the contract being bid;
(E) with respect to the contract under subsection (c), has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C);
(F)
(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; and
(ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and
(G) has the existing technical and financial resources in the United States to perform the contract;
(2) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture;
(3) the term “Foreign Service building” means any building or grounds of the United States which is in a foreign country and is under the jurisdiction and control of the Secretary of State, including residences of United States personnel assigned overseas under the authority of the Ambassador; and
(4) the term “barrier to local competition” means—
(A) conditions of extreme currency volatility;
(B) restrictions on repatriation of profits;
(C) multiple exchange rates which significantly disadvantage United States firms;
(D) government restrictions inhibiting the free convertibility of foreign exchange; or
(E) conditions of extreme local political instability.
**(e) United States minority contractors** Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States minority small business contractors.
**(f) United States small business contractors** Not less than 10 percent of the amount of funds obligated for local guard contracts for Foreign Service buildings subject to subsection (c) shall be allocated to the extent practicable for contracts with United States small business contractors.
**(g) Limitation of subcontracting** With respect to local guard contracts subject to subsection (c), a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.
**(h) Award of local guard and protective service contracts** In evaluating proposals for local guard contracts under this section, the Secretary of State may award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) and, with respect to such contracts for posts that are not high risk, high threat posts (as such term is defined in [section 4803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4803&num=0&edition=prelim)), subject to congressional notification 15-days prior to any such award.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary of State**
(1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the “Secretary”).
(2) The Secretary, the Deputy Secretary of State, and the Deputy Secretary of State for Management and Resources shall be appointed by the President, by and with the advice and consent of the Senate.
(3)
(A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President.
(B)
(i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer.
(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers.
(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions.
**(b) Under Secretaries**
(1) **In general** — There shall be in the Department of State not more than 6 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial designation** Not later than 30 days after December 16, 2016, the Department of State shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report, in classified form, that contains a list of diplomatic and consular posts designated as high risk, high threat posts.
**(b) Designations before opening or reopening posts** Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post.
**(c) Designating existing posts** The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation.
**(d) Definitions** In this section:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) **High risk, high threat post** — The term “high risk, high threat post” means a United States diplomatic or consular post or other United States mission abroad, as determined by the Secretary, that, among other factors—
(A) is located in a country—
(i) with high to critical levels of political violence and terrorism; and
(ii) the government of which lacks the ability or willingness to provide adequate security; and
(B) has mission physical security platforms that fall below the Department of State’s established standards.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1627
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4864
Statutory Notes and Related Subsidiaries
EVALUATION OF POLICIES AND PROCEDURES OF DEPART-
MENT
OF STATE
ON PROTECTION
OF CLASSIFIED IN-
FORMATION AT DEPARTMENT HEADQUARTERS
Pub. L. 107–306, title VIII, § 832, Nov. 27, 2002, 116 Stat.
2431, provided that:
‘‘(a) EVALUATION REQUIRED.—Not later than Decem-
ber 31 of 2002, 2003, and 2004, the Inspector General of
the Department of State shall conduct an evaluation of
the policies and procedures of the Department on the
protection of classified information at the Head-
quarters of the Department, including compliance with
the directives of the Director of Central Intelligence
(DCIDs) regarding the storage and handling of Sen-
sitive Compartmented Information (SCI) material.
‘‘(b) ANNUAL REPORT.—Except as provided in sub-
section (c), not later than February 1 of 2003, 2004, and
2005, the Inspector General shall submit to the fol-
lowing committees a report on the evaluation con-
ducted under subsection (a) during the preceding year:
‘‘(1) The congressional intelligence committees.
‘‘(2) The Committee on Foreign Relations of the
Senate and the Committee on International Rela-
tions [now Committee on Foreign Affairs] of the
House of Representatives.
‘‘(c) EXCEPTION.—The date each year for the sub-
mittal of a report under subsection (b) may be post-
poned in accordance with section 507(d) of the National
Security Act of 1947 [50 U.S.C. 3106(d)], as added by sec-
tion 811 of this Act.
‘‘(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘congressional intel-
ligence committees’ means—
‘‘(1) the Select Committee on Intelligence of the
Senate; and
‘‘(2) the Permanent Select Committee on Intel-
ligence of the House of Represe
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