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DFARS Clause ACTIVE

252.236-7010

Overseas military construction—Preference for United States firms.
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Effective Date
JAN 1997
Active Deviations
2
Versions
2 (since 2016-12-22)
DEV
This clause is modified by 2 active class deviations
  • 2026-O0019 — DFARS RFO Implementation (Part 36)
    Add clause 252.236-7010
  • 2026-O0002 — DFARS RFO Implementation (Part 1)
View per-deviation details →
252.236-7010 Overseas military construction—Preference for United States firms.

As prescribed in 236.570(c)(1), use the following 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.

(End of provision)

[62 FR 2857, Jan. 17, 1997, as amended at 63 FR 11549, Mar. 9, 1998]
RFO
Prescription superseded under the RFO

The prescription shown below is from the codified eCFR. The Revolutionary FAR Overhaul relocates this clause's prescription as follows:

  • 236.570236.101-71 (prescriptive text also revised)

See the deviation memorandum for the current prescription authority.

View deviation: 2026-O0019 → · View deviation: 2026-O0002 →

R-DFARS Prescription Source

This clause is prescribed in the R-DFARS by the following deviation:

  • 2026-O0019 — DFARS RFO Implementation (Part 36) (DFARS Part 236)
    Add clause 252.236-7010
236.570(c)
(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:
(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 Gulf.
(2) 252.236-7012, Military Construction on Kwajalein Atoll - Evaluation Preference, when contract performance will be on Kwajalein Atoll.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

R-DFARS R-DFARS Prescription Per Deviation 2026-O0019 (DFARS Part 236)
2026-O0019: DFARS RFO Implementation (Part 36) — DFARS Part 236

View Deviation 2026-O0019 →

DFARS DFARS Supplement (eCFR) ⚠ May be superseded by RFO 236.570(c)
(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:
(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 Gulf.
(2) 252.236-7012, Military Construction on Kwajalein Atoll - Evaluation Preference, when contract performance will be on Kwajalein Atoll.

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Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

2 versions tracked from 2016-12-22 to 2022-05-26.
MAY 2022 May 26, 2022 CURRENT
Removed in this version
Added in this version
Unchanged
DEC 2016 (previous)
MAY 2022 (current)
2 added, 2 removed
(c)
(c) Status. The offeror ___ is, ___ is not a United States firm. (End of provision)
(c)
(c) Status. The offeror ______ is, ______ is not a United States firm. (End of provision)
DEC 2016 December 22, 2016 SUBSTANTIVE
Earliest version available from the eCFR

Active Class Deviations

DFARS RFO Implementation (Part 36) Add clause 252.236-7010
MODIFIED
DFARS RFO Implementation (Part 1) Modify clause 252.236-7010
MODIFIED
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