DFARS 252.236-7011 Overseas Architect-Engineer Services--Restriction to United States Firms

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Prescribed in 236.609-70(b)
Effective Date:	1 January 1997
Clause or Provision:	Provision
Provision or Clause Number:	S 252.236-7011 Overseas Architect-Engineer Services--Restriction to United States Firms
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Architect-Engineering
Optional:
Subject:
ProcurementType:
Contract Threshold:	>500,000
Prescription Overview:	Prescription (b) Use the provision at 252.236-7011, Overseas Architect-Engineer Services--Restriction to United States Firms, in solicitations for architect-engineer contracts that are— (1) Funded with military construction appropriations; (2) Estimated to exceed $500,000; and (3) To be performed in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea. See DoD Class Deviation 2015-O0008, Use of Military Construction Funds, issued on December 29, 2014, when using funds appropriated under Title I, Department of Defense, Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2015 (Division I of Pub L. 113.325), enacted December 16, 2014. This class deviation implements sections 108, 111, and 112 in the prescriptions for the following DFARS provision and clause: DFARS 252.236-7010, Overseas Military Construction - Preference for United States Firms; DFARS 252.236-7013, Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers; and DFARS 252.236-7011, Overseas Architect Engineer services - Restriction to the United States Firm. This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.
Clause Overview:	Provision OVERSEAS ARCHITECT-ENGINEER SERVICES--RESTRICTION TO 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) Restriction Military construction appropriations acts restrict award of a contract, resulting from this solicitation, to a United States firm or a joint venture of United States and host nation firms. (c) Status The offeror confirms, by submission of its offer, that it is a United States firm or a joint venture of United States and host nation firms.
Important Notes/Requirements:
Subcontract Threshold:	>500,000
Incorporated by Reference:	Yes
Uniform Contract Format:
Editor:	Marshall

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Personal notes.