[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR228.54]

[Page 1047]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 228_RULES ON SOURCE, ORIGIN AND NATIONALITY FOR COMMODITIES 
AND SERVICES FINANCED BY USAID--Table of Contents
 
                            Subpart F_Waivers
 
Sec. 228.54  Suppliers of services--foreign government-owned organizations.

    A waiver to make foreign government-owned organizations, described 
in Sec. 228.33, eligible for financing by USAID must be justified on 
the basis of the following criteria:
    (a) The competition for obtaining a contract will be limited to 
cooperating country firms/organizations meeting the criteria set forth 
in Sec. Sec. 228.31 or 228.32.
    (b) The competition for obtaining a contract will be open to firms 
from countries or areas included in the authorized geographic code and 
eligible under the provisions of Sec. Sec. 228.31 or 228.32, and it has 
been demonstrated that no U.S. firm is interested in competing for the 
contract.
    (c) Services are not available from any other source.
    (d) Foreign policy interests of the United States outweigh any 
competitive disadvantage at which United States firms might be placed or 
any conflict of interest that might arise by permitting a foreign 
government-owned organization to compete for the contract.