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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

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

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS provision defines what it means to be a 'United States firm' for overseas military construction contracts. It gives a preference to such firms by adding 20 percent to the evaluated price of offers from firms that do not qualify. Contractors must certify their status as a United States firm or not.

Applies to: Offerors on overseas military construction solicitations

What it requires

  • Certify whether you are or are not a United States firm
  • If claiming United States firm status, ensure your firm meets the definition: incorporated in the U.S., corporate headquarters in the U.S., filed required tax returns for at least 2 years and paid taxes due, and employs U.S. citizens in key management positions

Key terms: United States firm · overseas military construction · evaluated by adding 20 percent · key management positions

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

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)

Sections it refers to

  • 236.570 Additional provisions and clauses.

Sections that refer to it

← 252.236-7009 [Reserved] · 252.236-7011 Overseas architect-engineer services—Restriction to United States firms. →

Rule changes for DFARS Part 252

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 252.236-7010 Overseas military construction—Preference for United States firms · SpendQuery