Pub. L. 112-74, div. I, tit. VII (as amended)

7077.(a)Local Competition.—Notwithstanding any other provision of law, the Administrator of the United States Agency for International Development (USAID) may, with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, award contracts and other acquisition instruments in which competition is limited to local entities if doing so would result in cost savings, develop local capacity, or enable the USAID Administrator to initiate a program or activity in appreciably less time than if competition were not so limited: Provided, That the authority provided in this section may not be used to make awards in excess of $5,000,000 and shall not exceed more than 10 percent of the funds made available to USAID under this Act for assistance programs: Provided further, That such authority shall be available to support a pilot program with such funds: Provided further, That the USAID Administrator shall consult with the Committees on Appropriations and relevant congressional committees on the results of such pilot program.(b)For the purposes of this section, local entity means an individual, a corporation, a nonprofit organization, or another body of persons that—(1)is legally organized under the laws of;(2)has as its principal place of business or operations in; and(3)is—(A)majority owned by individuals who are citizens or lawful permanent residents of; and(B)managed by a governing body the majority of whom are citizens or lawful permanent residents of;a country receiving assistance from funds appropriated under title III of this Act.(c)For purposes of this section, majority owned and managed by include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization’s managers or a majority of the organization’s governing body by any means.