Current Content
(b) When a technical working agreement with a foreign government is required for a construction contract—
(i) Consider inviting the Army Office of the Chief of Engineers, or the Naval Facilities Engineering Command, to participate in the negotiations.
(ii) The agreement should, as feasible and where not otherwise provided for in other agreements, cover all elements necessary for the construction that are required by laws, regulations, and customs of the United States and the foreign government, including—
(A) Acquisition of all necessary rights;
(B) Expeditious, duty-free importation of labor, material, and equipment;
(C) Payment of taxes applicable to contractors, personnel, materials, and equipment;
(D) Applicability of workers' compensation and other labor laws to citizens of the United States, the host country, and other countries;
(E) Provision of utility services;
(F) Disposition of surplus materials and equipment;
(G) Handling of claims and litigation; and
(H) Resolution of any other foreseeable problems that can be appropriately included in the agreement.
Change History
| Detected | Type | Summary |
|---|---|---|
| detected 2026-04-17 | PGI_MODIFIED | PGI 236.273 updated: 3 lines added, 5 lines removed |
View diff--- previous +++ current @@ -1,5 +1,3 @@ -(a) In accordance with section 112 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2015 (Division I of Pub. L. 113-235) and the same provision in subsequent military construction appropriations acts, military construction contracts funded with military construction appropriations, that are estimated to exceed $1,000,000 and are to be performed in the United States outlying areas in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf (i.e., Iran, Oman, United Arab Emirates, Saudi Arabia, Qatar, Bahrain, Kuwait, and Iraq), shall be awarded only to United States firms, unless-- -(1) The lowest responsive and responsible offer of a United States firm exceeds the lowest responsive and responsible offer of a foreign firm by more than 20 percent; or -(2) The contract is for military construction on Kwajalein Atoll and the lowest responsive and responsible offer is submitted by a Marshallese firm. -(b) See PGI 236.273 -(b) for guidance on technical working agreements with foreign governments.+(b) When a technical working agreement with a foreign government is required for a construction contract-- +(i) Consider inviting the Army Office of the Chief of Engineers, or the Naval Facilities Engineering Command, to participate in the negotiations. +(ii) The agreement should, as feasible and where not otherwise provided for in other agreements, cover all elements necessary for the construction that are required by laws, regulations, and customs of the United States and the foreign government, including-- (A) Acquisition of all necessary rights; (B) Expeditious, duty-free importation of labor, material, and equipment; (C) Payment of taxes applicable to contractors, personnel, materials, and equipment; (D) Applicability of workers' compensation and other labor laws to citizens of the United States, the host country, and other countries; (E) Provision of utility services; (F) Disposition of surplus materials and equipment; (G) Handling of claims and litigation; and (H) Resolution of any other foreseeable problems that can be appropriately included in the agreement. |
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