DFARS 252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference

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Prescribed in 236.570(c)(2)
Effective Date:	1 March 1998
Clause or Provision:	Provision
Provision or Clause Number:	S 252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference
Principle Type And/Or Purpose of Contract:
Required:
Applicable:
Optional:
Subject:
ProcurementType:
Contract Threshold:	>1M
Prescription Overview:	Prescription (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: 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 This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded. (2) 252.236-7012, Military Construction on Kwajalein Atoll--Evaluation Preference, when contract performance will be on Kwajalein Atoll.
Clause Overview:	Provision MILITARY CONSTRUCTION ON KWAJALEIN ATOLL--EVALUATION PREFERENCE (MAR 1998) (a) Definitions As used in this provision¾ (1) “Marshallese firm” means a local firm incorporated in the Marshall Islands, or otherwise legally organized under the laws of the Marshall Islands, that¾ (i) Is more than 50 percent owned by citizens of the Marshall Islands; or (ii) Complies with the following: (A) The firm has done business in the Marshall Islands on a continuing basis for not less than 3 years prior to the date of issuance of this solicitation; (B) Substantially all of the firm’s directors of local operations, senior staff, and operating personnel are resident in the Marshall Islands or are U.S. citizens; and (C) Most of the operating equipment and physical plant are in the Marshall Islands. (2) “United States firm” means a firm incorporated in the United States that complies with the following: (i) The corporate headquarters are in the United States; (ii) 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 (iii) The firm employs United States citizens in key management positions. (b) Evaluation Offers from firms that do not qualify as United States firms or Marshallese firms will be evaluated by adding 20 percent to the offer, unless application of the factor would not result in award to a United States firm. (c) Status The offeror is ______ a United States firm; ______ a Marshallese firm; _______ Other.
Important Notes/Requirements:
Subcontract Threshold:	>1M
Incorporated by Reference:	Yes
Uniform Contract Format:
Editor:	Marshall

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Personal notes.