subcontractors
without limitation, but the use of host country subcontractors is limited to
20% of the USTDA grant amount.
2) Application
Accordingly, only a U.S. firm or U.S. individual may submit proposals on USTDA funded
activities. Although those proposals may include subcontracting arrangements with host
country firms or individuals for up to 20% of
the USTDA grant amount, they may not
include subcontracts with third country entities. U.S. firms submitting proposals must ensure
that the professional services funded by the USTDA grant, to the extent not subcontracted to
host
country entities, are supplied by employees of the firm or employees of U.S.
subcontractor firms who are U.S. individuals.
Interested U.S. firms and consultants who submit proposals must meet USTDA nationality
requirements as of the due date for the submission of proposals and, if selected, must
continue to meet such requirements throughout the duration of the USTDA-financed activity.
These nationality provisions apply to whatever portion of the Terms of Reference is funded
with the USTDA grant.
3)
Definitions
A "U.S. individual" is (a) a U.S. citizen, or (b) a non-U.S. citizen lawfully admitted for
permanent residence in the U.S. (a green card holder).
A "U.S. firm" is a privately owned firm which is incorporated in the U.S., with its principal
place of business in the U.S., and which is either (a) more than 50% owned by U.S.
individuals, or (b) has been incorporated in the U.S. for more than three (3) years prior to the
issuance date of the request for proposals; has performed similar services in the U.S. for that
three (3)
year period; employs U.S. citizens in more than half of its permanent full-time
positions in the U.S.; and has the existing capability in the U.S. to perform the work in
question.
A partnership, organized in the U.S. with its principal place of business in the U.S., may also
qualify as a “U.S. firm” as would a joint venture organized or
incorporated in the United
States consisting entirely of U.S. firms and/or U.S. individuals.
A nonprofit organization, such as an educational institution, foundation, or association may
also qualify as a “U.S. firm” if it is incorporated in the United States
and managed by a
governing body, a majority of whose members are U.S. individuals.
S
OURCE AND
O
RIGIN
:
1) Rule
In addition to the nationality requirement stated above, any goods (e.g., equipment and
materials) and services related to their shipment (e.g., international transportation and
insurance) funded under the USTDA Grant Agreement must have their source and origin in
the
United States, unless USTDA otherwise agrees. However, necessary purchases of goods
and project support services which are unavailable from a U.S. source (e.g., local food,
housing and transportation) are eligible without specific USTDA approval.
2) Application
Accordingly, the prime contractor must be able to demonstrate
that all goods and services
purchased in the host country to carry out the Terms of Reference for a USTDA Grant
Agreement that were not of U.S. source and origin were unavailable in the United States.
3) Definitions
“Source” means the country from which shipment is made.
"Origin” means the place of production, through manufacturing, assembly or otherwise.
Questions regarding these nationality, source and origin requirements may be addressed to
the USTDA Office of General Counsel.