48 CFR § 636.104-70 - 636.104-70 Foreign Service Buildings Act of 1926, as amended.

---
identifier: "/us/cfr/t48/s636.104-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 636.104-70 - 636.104-70   Foreign Service Buildings Act of 1926, as amended."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "636.104-70"
section_name: "636.104-70   Foreign Service Buildings Act of 1926, as amended."
chapter_number: 6
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "F"
subchapter_name: "SPECIAL CATEGORIES OF CONTRACTING"
part_number: "636"
part_name: "CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1."
regulatory_source: "53 FR 26175, July 11, 1988, unless otherwise noted."
cfr_part: "636"
---


# 636.104-70 636.104-70   Foreign Service Buildings Act of 1926, as amended.

(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]