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SUBPART 236.2--SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

(Revised September 23, 2016)

 

 



 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 projects.
 236.275 Construction of industrial resources.

 

 

236.203  Government estimate of construction costs.

Follow the procedures at PGI 236.203 (DFARS/PGI view) for handling the Government estimate of construction costs.

 

236.204  Disclosure of the magnitude of construction projects.

Additional price ranges are—

 

      (i)  Between $10,000,000 and $25,000,000;

 

      (ii)  Between $25,000,000 and $100,000,000;

 

      (iii)  Between $100,000,000 and $250,000,000;

 

      (iv)  Between $250,000,000 and $500,000,000; and

 

      (v)  Over $500,000,000.

 

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 (DFARS/PGI view).

 

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.

 

      (a)  10 U.S.C. 2858 requires agency head approval to expedite the completion date of a contract funded by a Military Construction Appropriations Act, if additional costs are involved.  This approval authority may not be redelegated.  The approval authority must—

 

              (1)  Certify that the additional expenditures are necessary to protect the National interest; and

 

              (2)  Establish a reasonable completion date for the project.

 

      (b)  The contracting officer may approve an expedited completion date if no additional costs are involved.

 

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.

 

      (a)  Prequalification procedures may be used when necessary to ensure timely and efficient performance of critical construction projects.  Prequalification—

 

              (1)  Results in a list of sources determined to be qualified to perform a specific construction contract; and

 

              (2)  Limits offerors to those with proven competence to perform in the required manner.

 

      (b)  The head of the contracting activity must—

 

              (1)  Authorize the use of prequalification by determining, in writing, that a construction project is of an urgency or complexity that requires prequalification; and

 

              (2)  Approve the prequalification procedures.

 

      (c)  For small businesses, the prequalification procedures must require the qualifying authority to—

 

              (1)  Request a preliminary recommendation from the appropriate Small Business Administration regional office, if the qualifying authority believes a small business is not responsible;

 

              (2)  Permit the small business to submit a bid or proposal if the preliminary recommendation is that the small business is responsible; and

 

              (3)  Follow the procedures in FAR 19.6, if the small business is in line for award and is found nonresponsible.

 

236.273  Construction in foreign countries.

 

      (a)  In accordance with section 112 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, military construction contracts funded with military construction appropriations, that are estimated to exceed $1,000,000 and are to be performed in the United States outlying areas in the Pacific and on Kwajalein Atoll, 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, 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.

 

      (b)  See PGI 236.273(b) (DFARS/PGI view) for guidance on technical working agreements with foreign governments.

 

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.

 


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