DFARS 252.236-7010 Overseas Military Construction--Preference for United States Firms

From Knowledge base
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Prescribed in 236.570(c)(1)

Effective Date:1 January 1997
Clause or Provision:Provision
Provision or Clause Number:S 252.236-7010 Overseas Military Construction--Preference for United States Firms
Principle Type And/Or Purpose of Contract:
Required:
Applicable:Cost Reimbursement, Construction; Fixed Price, Construction
Optional:
Subject:
ProcurementType:
Contract Threshold:>1M">1M" is not in the list (>10M, >5M, >1M, >750,000, >700,000, >500,000, >150,000, >100,000, >30,000, >25,000, ...) of allowed values for the "ContractThreshold" property.
Prescription Overview:

Prescription

(c) Use the following provisions in solicitations for military construction contracts that are funded with military construction appropriations and are estimated to exceed $1,000,000:


See DoD Class Deviation 2015-O0008, Use of Military Construction Funds, issued on December 29, 2014, when using funds appropriated under Title I, Department of Defense, Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015 (Division I of Pub L. 113.325), enacted December 16, 2014. This class deviation implements sections 108, 111, and 112 in the prescriptions for the following DFARS provision and clause: DFARS 252.236-7010, Overseas Military Construction - Preference for United States Firms; DFARS 252.236-7013, Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers; and DFARS 252.236-7011, Overseas Architect Engineer services - Restriction to the United States Firm. This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.


(1) 252.236-7010, Overseas Military Construction--Preference for United States Firms, when contract performance will be in a United States outlying area in the Pacific or in a country bordering the Arabian Sea.

Clause Overview:

Provision

OVERSEAS MILITARY CONSTRUCTION--PREFERENCE FOR UNITED STATES FIRMS (JAN 1997)

(a) Definition

“United States firm,” as used in this provision, means a firm incorporated in the United States that complies with the following:

(1) The corporate headquarters are in the United States;


(2) The firm has filed corporate and employment tax returns in the United States for a minimum of 2 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and


(3) The firm employs United States citizens in key management positions.


(b) Evaluation

Offers from firms that do not qualify as United States firms will be evaluated by adding 20 percent to the offer.


(c) Status

The offeror ______ is, ______ is not a United States firm.

Important Notes/Requirements:
Subcontract Threshold:>1M">1M" is not in the list (>10M, >5M, >1M, >750,000, >700,000, >500,000, >150,000, >100,000, >30,000, >25,000, ...) of allowed values for the "SubcontractThreshold" property.
Incorporated by Reference:Yes
Uniform Contract Format:
Editor:Marshall

Personal notes.

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