DFARS Part 36

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TABLE OF CONTENTS

SUBPART 236.1--GENERAL
236.102 Definitions.

SUBPART 236.2--SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION
236.201 Evaluation of contractor performance.
236.203 Government estimate of construction costs.
236.204 Disclosure of the magnitude of construction projects.
236.206 Liquidated damages.
236.270 Expediting construction contracts.
236.271 Cost-plus-fixed-fee contracts.
236.272 Prequalification of sources.
236.273 Network analysis systems.
236.274 Construction in foreign countries.

SUBPART 236.3--SPECIAL ASPECTS OF SEALED BIDDING IN CONSTRUCTION CONTRACTING
236.303 Invitations for bids.
236.303-70 Additive or deductive items.

SUBPART 236.4--SPECIAL PROCEDURES FOR NEGOTIATION OF CONSTRUCTION CONTRACTS
236.403 Cost-reimbursement contracts.

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.
236.602-2 Evaluation boards.
236.602-4 Selection authority.
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 or dismantling, demolition, or removalof improvements.

PART 236 CONSTRUCTION AND ARCHITECT-ENGINEERING CONTRACTS

SUBPART 236.1--GENERAL

236.102 Definitions.

SUBPART 236.2--SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

236.201 Evaluation of contractor performance.

236.203 Government estimate of construction costs.

236.204 Disclosure of the magnitude of construction projects.
Additional price ranges are--

236.206 Liquidated damages.
See 212.204 for instructions on use of liquidated damages.

236.270 Expediting construction contracts.

236.271 Cost-plus-fixed-fee contracts.
Annual military construction appropriation acts restrict the use of cost-plus-fixed fee contracts (see 216.306(c)).

236.272 Prequalification of sources.

236.273 Network analysis systems.
Use head of the contracting activity approved procedures for preparing and using network analysis systems, whether contractor prepared, or Government prepared.

236.274 Construction in foreign countries.

performed in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, shall be awarded only to United States firms, unless--
(1) The lowest responsive and responsible offer of a United States firm exceeds the lowest responsive and responsible offer of a foreign firm by more than 20 percent; or
(2) The contract is for military construction on Kwajalein Atoll and the lowest responsive and responsible offer is submitted by a Marshallese firm.

SUBPART 236.3--SPECIAL ASPECTS OF SEALED BIDDING IN
CONSTRUCTION CONTRACTING

236.303 Invitations for bids.

236.303-70 Additive or deductive items.

SUBPART 236.4--SPECIAL PROCEDURES FOR NEGOTIATION OF
CONSTRUCTION CONTRACTS

236.403 Cost-reimbursement contracts.

SUBPART 236.5--CONTRACT CLAUSES

236.570 Additional provisions and clauses.

(1) 252.236-7010, Overseas Military Construction--Preference for United States Firms, when contract performance will be in a United States territory or possession in the Pacific or in a country bordering the Arabian Gulf.
(2) 252.236-7012, Military Construction on Kwajalein Atoll-- Evaluation Preference, when contract performance will be on Kwajalein Atoll.

SUBPART 236.6--ARCHITECT-ENGINEER SERVICES

236.601 Policy.

236.602 Selection of firms for architect-engineer contracts.

236.602-1 Selection criteria.

236.602-2 Evaluation boards.
(a) Preselection boards may be used to identify to the section board the qualified firms that have a reasonable chance of being considered as most highly qualified by the selection board.

236.602-4 Selection authority.
(a) The selection authority shall be at a level appropriate for the dollar value and nature of the proposed contract.
(c) A finding that some of the firms on the selection report are unqualified does not preclude approval of the report, provided that a minimum of three most highly qualified firms remains. The reasons for finding a firm or firms unqualified must be recorded.

236.602-70 Restriction on award of overseas architect-engineer contracts to foreign firms.
In accordance with Section 111 of Pub. L. 104-32 and similar sections in subsequent military construction appropriations acts, A-E contracts funded by military construction appropriations that are estimated to exceed $500,000 and are to be performed in Japan, any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, shall be awarded only to United States firms or to joint ventures of United States and host nation 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.

(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 Gulf.

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 or dismantling, demolition, or removal of improvements.

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