48 CFR Part 925 — Foreign Acquisition

PART 925—FOREIGN ACQUISITION Authority: 42 U.S.C. 7101 et seq. et seq. Source: 49 FR 12003, Mar. 28, 1984, unless otherwise noted. Subpart 925.1—Buy American Act—Supplies 925.103 Exceptions. (b) Nonavailabilty Individual determinations. (ii) Proposals to add an article to the list of nonavailable articles at 48 CFR 25.104, with appropriate justifications, must be submitted for approval by the Senior Procurement Executive and submission to the appropriate council. [74 FR 36366, July 22, 2009, as amended at 75 FR 69013, Nov. 10, 2010; 81 FR 45977, July 15, 2016] Subpart 925.2—Buy American Act—Construction Materials 925.202 Exceptions. (a)(2) Contracting officers may make the determination required by 48 CFR 25.202(a)(2), if the cost of the materials is not expected to exceed $100,000. [75 FR 69013, Nov. 10, 2010] Subpart 925.7—Prohibited Sources 925.701-70 Prohibited sources. No contract may be awarded to a company owned by an entity controlled by a foreign government if performance of the contract will require access to proscribed information. See subpart 904.71 for additional guidance. [74 FR 36366, July 22, 2009] Subpart 925.9 [Reserved] Subpart 925.10—Additional Foreign Acquisition Regulations 925.1001 Waiver of right to examination of records. (b) Determination and findings. [75 FR 69013, Nov. 10, 2010, as amended at 81 FR 45977, July 15, 2016; 89 FR 89753, Nov. 13, 2024] Subpart 925.70—Acquisition of Nuclear Hot Cell Services Source: 58 FR 8910, Feb. 18, 1993, unless otherwise noted. 925.7000 Scope of subpart. This subpart prescribes policies for selection for contract award of nuclear hot cell services when one of the competitors is a foreign company. This subpart does not apply to the acquisition and use of nuclear hot cell facilities on-site at a DOE-owned or -leased facility. 925.7001 Definitions. Costs related to the decommissioning of nuclear facilities, Costs related to the storage and disposal of nuclear waste, Foreign company, Nuclear hot cell services, Nuclear waste, United States company, [58 FR 8910, Feb. 18, 1993, as amended at 74 FR 36366, July 22, 2009] 925.7002 Policy. In selecting offer(s) for award of contracts for nuclear hot cell services, costs related to the decommissioning of nuclear facilities and storage and disposal of nuclear waste are to be considered in a way which affords United States and foreign companies an equal competition in accordance with 925.7003. Upon determining that no offer from a foreign firm has a reasonable chance of being selected for award, the requirements of this subpart will not apply. 925.7003 Requirements. (a) For the acquisition of nuclear hot cell services under the conditions in paragraph (b) of this section, the selection official in evaluating competitive offers for selection purposes only shall— (1) Consider neither costs related to the decommissioning of nuclear waste facilities nor costs related to the storage and disposal of nuclear waste; or (2) Add these costs to offers of foreign companies. (b) The requirements of this section apply under the following circumstances— (1) One or more of the offers is submitted by a United States company and includes costs related to the decommissioning of nuclear facilities and costs related to the storage and disposal of nuclear waste because it is subject to such costs; and (2) One or more of the offers is submitted by a foreign company and does not include these types of costs. (A foreign company might not be subject to such costs or might not have to include these types of costs in its offer if the firm is subsidized in decommissioning activity or storage and disposal of nuclear waste, or a foreign government is performing the activities below the actual cost of the activity.) [58 FR 8910, Feb. 18, 1993, as amended at 74 FR 36366, July 22, 2009] 925.7004 Contract clause. The contracting officer shall insert the clause at 952.225-70, Subcontracting for Nuclear Hot Cell Services, in solicitations and contracts involving nuclear hot cell services. This clause does not flow down to second-tier subcontracts. Subpart 925.71—Export Control Source: 80 FR 64367, Oct. 23, 2015, unless otherwise noted. 925.7100 Scope of subpart. This subpart implements Department of Energy (DOE) requirements for contractors concerning compliance with U.S. export control laws and regulations. 925.7101 Policy. (a) DOE and its contractors must comply with all applicable U.S. export control laws and regulations. (b) Export control laws and regulations include, but are not limited to, the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq. et seq. et seq. et seq. (c) Contractors seeking guidance on how to comply with export control laws and regulations should review the illustrative list of laws and regulations set forth in Clause 952.225-71. Contractors also may contact the agencies responsible for administration of export laws or regulations applicable to a particular export ( e.g., (d) DOE Contracting Officers will not answer contractor questions regarding how to comply with U.S. export laws and regulations. Contracting Officers should direct contractors to the export laws, regulations, and agencies cited in the Export Clause at section 952.225-71 of this subpart. (e) It is the contractor's responsibility to comply with all applicable export control laws and regulations. This responsibility exists independent of, and is not established or limited by, this subpart. 925.7102 Contract clause. The Contracting Officer shall insert the clause at 952.225-71, Compliance with Export Control Laws and Regulations (Export Clause), in all solicitations and contracts.

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