252.236-7010 Overseas military construction—Preference for United States firms.
Prescription and Applicability
DFARS Prescription, 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.
Current Text
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]
Active Class Deviations Affecting This Clause
Class Deviation 2026-O0019, DFARS RFO Implementation (Part 36)
- Status: Active
- Date Issued: 2026-02-01
- Change type: MODIFIED
- Action: Modified by RFO class deviation
Suggested Questions
You can ask your AI assistant:
- Should I include this provision in my solicitation?
- Does this clause apply to commercial acquisitions?
- Does this clause apply to R&D contracts under Part 35?
- Which alternate should I use for a multiple-award contract?
- Are there any active Class Deviations that modify this clause?
- What changed in the most recent amendment?