48 C.F.R. PART 636—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Title 48 - Federal Acquisition Regulations System
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Source: 53 FR 26175, July 11, 1988, unless otherwise noted.
Contracts for overseas construction, including capital improvements, alterations, and major repairs, may be excepted where necessary from the provisions of the FAR (48 CFR Chapter 1) under the authority of section 3 of the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 294). The Director/Chief Operating Officer of the Bureau of Overseas Buildings Operations is authorized to approve such exceptions. [69 FR 19337, Apr. 13, 2004] (a) Policy. Section 11 of the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 302) limits competition for the construction, alteration, or repair of buildings or grounds abroad exceeding $5 million to: (1) American-owned firms; or (2) Firms from countries which permit or agree to permit substantially equal access to American firms for comparable diplomatic and consular building projects. (b) Limitation. This participation may be permitted by or limited to: (1) Host-country firms where required by international agreement; or (2) By the laws of the host country; or (3) Where determined by the Secretary of State to be necessary in the interest of bilateral relations or necessary to carry out the construction project. (c) Evaluation preference. For purposes of determining competitive status, American-owned firms shall receive a ten (10) percent price preference reduction, provided that two prospective responsible bidders/offerors submit a bid/offer. [69 FR 19337, Apr. 13, 2004] (a) Preference for United States contractors. The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399; 22 U.S.C. 4852) limits certain construction projects abroad to United States persons or qualified United States joint venture persons. The Omnibus Diplomatic Security and Antiterrorism Act of 1986 applies to the following, as determined by the Assistant Secretary for Diplomatic Security: (1) Diplomatic construction or design projects abroad exceeding $10 million; or, (2) Diplomatic construction projects abroad at any dollar amount that involve technical security, unless the project involves low-level technology. (b) Exception. This preference shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. (c) Subcontracting limitation. With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of the contract for that project. [69 FR 19337, Apr. 13, 2004] (d) The Director/Chief Operating Officer of the Bureau of Overseas Building Operations is the head of the agency for the purposes of FAR 36.202(d)(3) and (4). [69 FR 19337, Apr. 13, 2004] The Procurement Executive is the head of the agency for the purposes of FAR 36.209. (a) In accordance with a class deviation approved by the Procurement Executive, contracting officers at overseas contracting activities shall insert DOSAR 652.236–70, Accident Prevention, in lieu of FAR clause 52.236–13 when awarding construction contracts. The contracting officer shall confer with OBO/OM/SHEM if there are any questions on any factors listed in paragraph (4) of the clause, or if the contracting officer has any questions regarding construction safety issues. [64 FR 43628, Aug. 11, 1999, as amended at 69 FR 19337, Apr. 13, 2004] (a) The contracting officer shall insert the provision at 652.236–71, Foreign Service Buildings Act, As Amended, in all contracts exceeding $5,000,000 for the construction, alteration, or repair of buildings and grounds overseas, unless: (1) An international agreement with or laws of the host country government permits or limits the participation to host-country firms; or, (2) The Secretary of State determines that it is necessary to the interest of bilateral relations or to carry out the project to either permit or limit the participation to host-country firms; or, (3) The provision at DOSAR 652.236–72 applies. (b) The contracting officer shall insert the provision at 652.236–72, Statement of Qualifications for the Omnibus Diplomatic Security and Antiterrorism Act, in all diplomatic construction or design solicitations exceeding $10 million; or, diplomatic construction projects abroad at any dollar amount that involve technical security, unless the project involves low-level technology, as determined by the Assistant Secretary of Diplomatic Security. [69 FR 19337, Apr. 13, 2004] (b) The head of the contracting activity is the agency head's designee for the purpose of FAR 36.602–1(b). [64 FR 43628, Aug. 11, 1999] The short selection process described in FAR 36.602–5 is authorized for use for contracts not expected to exceed the simplified acquisition threshold. [59 FR 66766, Dec. 28, 1994, as amended at 60 FR 39663, Aug. 3, 1995]
Title 48: Federal Acquisition Regulations System
PART 636—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Section Contents
636.101 Applicability.
636.101-70 Exception.
636.104 Policy.
636.104-70 Foreign Service Buildings Act of 1926, as amended.
636.104-71 Omnibus Diplomatic Security and Antiterrorism Act.
636.202 Specifications.
636.209 Construction contracts with architect-engineer firms.
636.513 Accident prevention.
636.570 Additional DOSAR provisions.
636.602 Selection of firms for architect-engineer contracts.
636.602-1 Selection criteria.
636.602-5 Short selection processes for contracts not to exceed the simplified acquisition threshold.
Subpart 636.1—General
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636.101 Applicability.
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636.101-70 Exception.
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636.104 Policy.
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636.104-70 Foreign Service Buildings Act of 1926, as amended.
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636.104-71 Omnibus Diplomatic Security and Antiterrorism Act.
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Subpart 636.2—Special Aspects of Contracting for Construction
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636.202 Specifications.
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636.209 Construction contracts with architect-engineer firms.
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Subpart 636.5—Contract Clauses
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636.513 Accident prevention.
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636.570 Additional DOSAR provisions.
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Subpart 636.6—Architect-Engineer Services
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636.602 Selection of firms for architect-engineer contracts.
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636.602-1 Selection criteria.
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636.602-5 Short selection processes for contracts not to exceed the simplified acquisition threshold.
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