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DFARS 236



Part 236—Construction and Architect-Engineer Contracts

TABLE OF CONTENTS

(Revised September 23, 2016)

SUBPART 236.1--GENERAL

236.102 Definitions.

SUBPART 236.2--SPECIAL ASPECTS OF CONTRACTING FOR
CONSTRUCTION

236.203 Government estimate of construction costs.

236.204 Disclosure of the magnitude of construction projects.

236.206 Liquidated damages.

236.213 Special procedures for sealed bidding in construction contracting.

236.215 Special procedures for cost-reimbursement contracts for construction.

236.270 Expediting construction contracts.

236.271 Cost-plus-fixed-fee contracts.

236.272 Prequalification of sources.

236.273 Construction in foreign countries.

236.274 Restriction on acquisition of steel for use in military construction

236.275 Construction of industrial resources.

SUBPART 236.5--CONTRACT CLAUSES

236.570 Additional provisions and clauses.

SUBPART 236.6--ARCHITECT-ENGINEER SERVICES

236.601 Policy.

236.602 Selection of firms for architect-engineer contracts.

236.602-1 Selection criteria.

236.602-70 Restriction on award of overseas architect-engineer contracts to foreign
firms.

236.604 Performance evaluation.

236.606 Negotiations.

236.606-70 Statutory fee limitation.

236.609 Contract clauses.

236.609-70 Additional provision and clause.

SUBPART 236.7--STANDARD AND OPTIONAL FORMS FOR CONTRACTING
FOR CONSTRUCTION, ARCHITECT-ENGINEER SERVICES, AND
DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

236.701 Standard and optional forms for use in contracting for construction

SUBPART 236.1--GENERAL

(Revised September 20, 2011)

236.102 Definitions.

“Construction activity” means an activity at any organizational level of the DoD that—

“Marshallese firm” is defined in the provision at 252.236-7012, Military Construction on Kwajalein Atoll--Evaluation Preference.

“United States firm” is defined in the provisions at 252.236-7010, Overseas Military Construction--Preference for United States Firms, and 252.236-7011, Overseas Architect-Engineer Services--Restriction to United States Firms.

SUBPART 236.2--SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

(Revised September 23, 2016)

236.203 Government estimate of construction costs.

Follow the procedures at PGI 236.203 for handling the Government estimate of construction costs.

236.204 Disclosure of the magnitude of construction projects.

Additional price ranges are—

236.206 Liquidated damages.

See 211.503 for instructions on use of liquidated damages.

236.213 Special procedures for sealed bidding in construction contracting.

If it appears that sufficient funds may not be available for all the desired construction features, consider using a bid schedule with additive or deductive items in accordance with PGI 236.213.

236.215 Special procedures for cost-reimbursement contracts for construction.

For contracts in connection with a military construction project or military family housing project, see the prohibition at 216.301-3.

236.270 Expediting construction contracts.

236.271 Cost-plus-fixed-fee contracts.

Annual military construction appropriations acts restrict the use of cost-plus-fixed-fee contracts (see 216.306(c)). See also 216.301-3 regarding the prohibition against the use of certain cost-reimbursement contracts in connection with a military construction project or military family housing project.

236.272 Prequalification of sources.

236.273 Construction in foreign countries.

236.274 Restriction on acquisition of steel for use in military construction projects.

In accordance with section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009 (Pub. L. 110-329, Division E) and the same provision in subsequent military construction appropriations acts, do not acquire, or allow a contractor to acquire, steel for any construction project or activity for which American steel producers, fabricators, or manufacturers have been denied the opportunity to compete for such acquisition of steel.

236.275 Construction of industrial resources.

See Subpart 237.75 for policy relating to facilities projects.

SUBPART 236.3

(Removed June 27, 2000)

SUBPART 236.4

(Removed August 17, 2000)

SUBPART 236.5--CONTRACT CLAUSES

(Revised March 26, 2015)

236.570 Additional provisions and clauses.

in the Pacific or in a country bordering the Arabian Gulf.

SUBPART 236.6--ARCHITECT-ENGINEER SERVICES

(Revised October 1, 2015)

236.601 Policy.

236.602 Selection of firms for architect-engineer contracts.

236.602-1 Selection criteria.

236.602-70 Restriction on award of overseas architect-engineer contracts to foreign firms.

In accordance with section 111 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, architect-engineer contracts funded by military construction appropriations that are estimated to exceed $500,000 and are to be performed in Japan, in any North Atlantic Treaty Organization member country, 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 or to joint ventures of United States and host nation firms.

236.604 Performance evaluation.

Prepare a separate performance evaluation after actual construction of the project. Ordinarily, the evaluating official should be the person most familiar with the architect-engineer contractor’s performance.

236.606 Negotiations.

236.606-70 Statutory fee limitation.

236.609 Contract clauses.

236.609-70 Additional provision and clause.

SUBPART 236.7--STANDARD AND OPTIONAL FORMS FOR CONTRACTING FOR CONSTRUCTION, ARCHITECT-ENGINEER SERVICES, AND DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS

(Revised October 25, 2000)

236.701 Standard and optional forms for use in contracting for construction or dismantling, demolition, or removal of improvements.

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