Sec. 8. Modifications relating to the Code of Federal Regulations and other requirements
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The Administrator of USAID is authorized— to increase the de minimis indirect cost rate provided for in section 200.414 of title 2, Code of Federal Regulations, or in any successor regulations, to 15 percent for local entities receiving USAID assistance awards; to establish a similar de minimis indirect cost rate of 15 percent for acquisitions awarded to local entities pursuant to title 48, Code of Federal Regulations; and to further increase such threshold if such action is recommended by regulations promulgated by the Office of Management and Budget.
The Administrator of USAID is authorized to exempt local entities, as needed, from the reporting requirements under the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6106 note; Public Law 109–282 ) to allow for a 180-day delay in obtaining a unique entity identifier and registration in the System for Award Management if such exemption is not granted later than 30 days before the end of the award’s period of performance. Notwithstanding any other provision of law, the Administrator of USAID, or a designee of the Administrator, may award contracts and other acquisition instruments in which competition is limited to local entities if such process would— result in cost savings; strengthen local capacity; or enable USAID to deliver a program or activities more sustainably or quickly than if competition were not so limited.
The authority granted under paragraph
(1)may not be used— to make acquisition awards in excess of $25,000,000; or with respect to more than 10 percent of the amounts appropriated to USAID in any fiscal year. The Administrator of USAID, in consultation with the Administrator of the General Services Administration, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, may permit foreign entities to use national or international generally accepted accounting principles instead of United States Generally Accepted Accounting Principles
(GAAP)for contracts or grants awarded under chapter 7 of title 2, Code of Federal Regulations, or chapter 7 of title 48, Code of Federal Regulations.
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- Pub. L. 109-282
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Sec. 8
Modifications relating to the Code of Federal Regulations and other requirements
Pub. L.Pub. L. 109-282
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