CONTRACTOR REQUIREMENTS.

SEC. 403. CONTRACTOR REQUIREMENTS. (a) Findings.— The Congress finds that the overriding national security aspects of the $1,300,000,000 facilities modernization program of the Voice of America require the assurance of uninterrupted logistic support under all circumstances for the program. Therefore, it is in the best interests of the United States to provide a preference for United States contractors bidding on the projects of this program. (b) Responsive Bid.— A bid shall not be treated as a responsive bid for purposes of the facilities modernization program of the Voice of America unless the bidder can establish that the United States goods and services content, excluding consulting and management fees, of his proposal and the resulting contract will not be less than 55 percent of the value of his proposal and the resulting total contract. (c) Preference for United States Contractors.— Notwithstanding any other provision of law, in any case where there are two or more qualified bidders on projects of the facilities modernization program of the Voice of America, including design and construction projects and projects with respect to transmitters, antennas, spare parts, and other technical equipment, all the responsive bids of United States persons and qualified United States joint venture persons shall be considered to be reduced by 10 percent. (d) Exception.— (1) Subsection (c) shall not apply with respect to any project of the facilities modernization program of the Voice of America when— (A) precluded by the terms of an international agreement with the host foreign country; (B) a foreign bidder can establish that he is a national of a country whose government permits United States contractors and suppliers the opportunity to bid on a competitive and nondiscriminatory basis with its national contractors and suppliers, on procurement and projects related to the construction, modernization, upgrading, or expansion of— 101 STAT. 1382 (i) its national public radio and television sector, or (ii) its private radio and television sector, to the extent that such procurement or project is, in whole or in part, funded or otherwise under the control of a government agency or authority; or (C) the Secretary of Commerce certifies (in advance of the award of the contract for that project) to the Director of the United States Information Agency that the foreign bidder is not receiving any direct subsidy from any government, the effect of which would be to disadvantage the competitive position of United States persons who also bid on the project; or (D) the statutes of a host foreign country prohibit the use of United States contractors on such projects within that country. (2) An exception under paragraph (1)(D) shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions the Secretary has taken to urge the foreign country to permit the use of United States contractors on such projects. (d) Definitions.— For purposes of this section— (1) the term “United States person” means a person that— (A) is incorporated or otherwise legally organized under the laws of the United States, including any State (and any political subdivision thereof) and the District of Columbia; (B) has its principal place of business in the United States; (C) has been incorporated or otherwise legally organized in the United States for more than 5 years before the issuance date of the Invitation For Bids or the Request For Proposals with respect to a modernization project under subsection (b); (D) has proven, as indicated by prior contracting experience, to possess the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that being contracted for; (E) (i) employs United States citizens in at least 80 percent of its principal management positions in the United States; (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the modernization project site; and (F) has the existing technical and financial resources in the United States to perform the contract; and (2) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons own at least 51 percent of the assets of the joint venture. (e) Effective Date.— The provisions of this section shall apply to any project with respect to which the Request For Proposals (commonly referred to as “RFP”) or the Invitation For Bids (commonly referred to as “IFB”) was issued after December 28, 1986.