Low RiskDFARSconstruction

252.236-7010Overseas military construction—Preference for United States firms.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.236-7010 — Overseas military construction—Preference for United States firms.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation 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]

Source: eCFR, 48 CFR 252.236-7010 (https://www.ecfr.gov/current/title-48/section-252.236-7010)

Compliance Checklist

  • “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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.