The Department of State has implemented key legislative changes to streamline the two-step process of qualifying potential bidders on diplomatic construction projects abroad. These changes are aimed at expanding the construction contractor base by opening bidding to more companies, including smaller, specialized, or newer firms.
These changes, passed in December 2024, as part of the State Authorization National Defense Authorization Act (NDAA), update the qualification process for construction contractors seeking to work on U.S. diplomatic facilities overseas.
The new provisions increase the estimated total value dollar threshold for diplomatic construction or design projects, which must be awarded to a U.S. business from $10 million to $25 million where adequate competition exists.
The definition of adequate competition has been revised to require three qualified bidders instead of two, fostering a more competitive bidding environment if there is not enough interest from U.S. businesses.
Updates to the qualification criteria for U.S. business status now require firms to maintain a principal place of business in the United States and employ at least 65% U.S. citizens in principal management and supervisory roles, reduced from the previous 80% threshold.
Additionally, the qualification process has been streamlined to reduce administrative burdens and improve clarity for firms seeking to compete on overseas construction projects.
These reforms are intended to increase opportunities for qualified firms, promoting competition, and enhancing the efficiency of overseas construction efforts.
