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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations new approval requirement and basis for waivers for the source and nationality of essential medical supplies. This document reverts the language of both sections to the text as it existed prior to the issuance of the TFR, with minor technical updates.
List of Subjects in 22 CFR Part 228
Government procurement.
The Deputy General Counsel of USAID, Suk J. Jin, having reviewed and approved this document, is delegating the authority to electronically sign this document to Gregory A. Marchand, Assistant General Counsel for USAID, for purposes of publication in the Federal Register.
Gregory A. Marchand, Assistant General Counsel, U.S. Agency for International Development.

For reasons stated in the preamble, USAID amends 22 CFR part 228 as follows:
PART 228RULES FOR
PROCUREMENT OF COMMODITIES
AND SERVICES FINANCED BY USAID
1. The authority citation for 22 CFR
part 228 continues to read as follows:

Authority: Sec. 621, Pub. L. 87195, 75
Stat. 445 22 U.S.C. 2381, as amended, E.O.
12163, Sept. 29, 1979, 44 FR 56673: 3 CFR
1979 Comp., p. 435.

2. Revise 228.01 to read as follows:

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228.01

Definitions.

As used in this part, the following terms shall have the following meanings:
Advanced developing countries mean those countries that are categorized by the World Bank as upper middle income countries according to their gross national income per capita, except for those countries in which USAID
provides assistance. USAID will maintain a list of advanced developing countries primarily based on the most recent World Bank determinations, and will make the list available in USAIDs Automated Directives System, ADS 310.
This list will include determinations made under 228.17.
Available for purchase means for commodities, that the commodity is offered for sale in a country in the authorized principal geographic code at the time of purchase from the supplier, irrespective of the place of manufacture or production, unless it is a prohibited source country. If applicable, the commodity must also be able to be serviced, and, if warrantied, have a valid warranty. For services, available for purchase means the service is offered from a vendor which has
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complied with nationality and foreign government-owned organization requirements of this regulation, and is otherwise organized in a country in the authorized principal geographic code designated in an implementing instrument. This definition does not apply to procurements under the geographic Code 935, see 228.03, because that geographic code is for any country or area except for prohibited source countries.
Commission means any payment or allowance by a supplier to any person for the contribution which that person has made to secure the sale or contract for the supplier or which that person makes to securing on a continuing basis similar sales or contracts for the supplier.
Commodities or goods means any material, article, supply, good, or equipment.
Commodity-related services means delivery services and/or incidental services.
Cooperating country or recipient country means the country receiving the USAID assistance subject to this part, and includes all the countries receiving assistance under a regional program or project.
Delivery means the transfer to, or for the account of, an importer of the right to possession of a commodity, or, with respect to a commodity-related service, the rendering to, or for the account of, an importer of any such service.
Delivery service means any service customarily performed in a commercial export or import transaction which is necessary to affect a physical transfer of commodities to the cooperating/
recipient country. Examples of such services are the following: export packing, local drayage in the source country including waiting time at the dock, ocean and other freight, loading, heavy lift, wharfage, tollage, switching, dumping and trimming, lighterage, insurance, commodity inspection services, and services of a freight forwarder. Delivery service may also include work and materials necessary to meet USAID marking requirements.
Developing countries means those countries that are categorized by the World Bank as low or lower middle income economies according to their gross national income per capita, and also includes all countries to which USAID provides assistance. USAID will maintain a list of developing countries primarily based on the most recent World Bank determinations, and will make the list available in USAIDs Automated Directives System, ADS 310.
Free Port or Bonded Warehouse is a special customs area with favorable
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customs regulations or no customs duties and controls for transshipment.
Implementing instrument means a binding relationship established between USAID and an outside party or parties to carry out USAID programs, by authorizing the use of USAID funds and/or nonfinancial resources for the procurement of services or commodities and/or commodity related services.
Implementing instruments include specific conditions that apply to each such procurement. Examples of such instruments include contracts, grants, cooperating agreements, and interagency agreements.
Incidental services means services such as installation, erection, maintenance, or upgrading of USAIDfinanced equipment, or the training of personnel in the maintenance, operation and use of such equipment, or similar services provided for the authorized disposition of such commodities.
Long term lease means, for purposes of subpart B of this part, a single lease of more than 180 calendar days; or repetitive or intermittent leases under a single award within a one-year period, which cumulatively total more than 180
calendar days. A single lease may consist of lease of one or more of the same type of commodity within the same lease term.
Motor vehicles means self-propelled vehicles with passenger carriage capacity, such as highway trucks, passenger cars and buses, motorcycles, scooters, motorized bicycles, ATVs, and utility vehicles. Excluded from this definition are ambulances, snowmobiles, industrial vehicles for materials handling and earthmoving, such as lift trucks, tractors, graders, scrapers, off-the-highway trucks such as off-road dump trucks, boats, and other vehicles that are not designed for travel at normal road speeds 40
kilometers per hour and above.
Mission means the USAID Mission, office or representative in a cooperating/
recipient country.
Nationality refers to the place of legal organization, ownership, citizenship, or lawful permanent residence or equivalent immigration status to live and work on a continuing basis of suppliers of commodities and services.
Pharmaceutical means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals; any substances other than food intended to affect the structure or any function of the body of humans or animals; and, any substance intended for use as a component in the above. The term includes drugs, vitamins, oral rehydration salts, biologicals, and some
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