Sec. 422. Local guard contracts abroad under diplomatic security program
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Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864 ) is amended— in subsection (c)— in the matter preceding paragraph (1), by striking With respect and inserting Except as provided in subsection (d), with respect ; and in paragraph (3), by striking subsection
(d)and inserting subsection
(e); by redesignating subsections (d), (e), (f), and
(g)as subsections (e), (f), (g), and (h), respectively; and by inserting after subsection
(c)the following new subsection: With respect to any local guard contract for a high risk, high threat post (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986) that is entered into after the date of the enactment of this subsection, the Secretary of State— shall comply with paragraphs (1), (2), (4), (5), and
(6)of subsection
(c)in the award of such contract; after evaluating proposals for such contract, may award such contract to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 6 15.101–1); and shall ensure that contractor personnel under such contract providing local guard or protective services are classified— as employees of the contractor; if the contractor is a joint venture, as employees of one of the persons or parties constituting the joint venture; or as employees of a subcontractor to the contractor, and not as independent contractors to the contractor or any other entity performing under such contracts. . Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes— an explanation of the implementation of subsection
(d)of section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by subsection (a)(3) of this section; and for each instance in which an award is made pursuant to such subsection
(d)of such section 136, a written justification providing the basis for such award and an explanation of the inability to satisfy the needs of the Department of State by technically acceptable, lowest price evaluation award.
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- 48 CFR 6
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