Subpart 925.1.Buy American Act.Supplies
Sec.
925.102 Policy.
925.105 Evaluating offers.
925.108 Excepted articles, materials, and supplies.
Subpart 925.2.Buy American Act.Construction Materials
925.202 Policy.
925.204 Violations.
Subpart 925.7.Restrictions on Certain Foreign Purchases
925.702 Restrictions.
Subpart 925.9.Additional Foreign Acquisition Clause
925.901 Omission of the Audit Clause
Subpart 925.70.Acquisition of Nuclear Hot Cell Services.
925.7000 Scope of subpart.
925.7001 Definitions.
925.7002 Policy.
925.7003 Requirements.
925.7004 Contract clause.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 12003, Mar. 28, 1984, unless otherwise
noted; [62 FR 2310, Jan. 16, 1997]
__________________________________________
Subpart 925.1.Buy American Act.Supplies
925.102 Policy
(b) Contracting officers may make the determination
required by FAR 25.102(a), provided such
determination is factually supported in writing. If the
contract is estimated to exceed $1 million, the Head of
the Contracting Activity shall approve the
determination.
[49 FR 12003, Mar. 28, 1984; 49 FR 38951, Oct. 2,
1984]
925.105 Evaluating offers.
(c) Proposed awards shall be submitted (in triplicate)
through the Procurement Executive, to the Head of the
Agency for decisions required by FAR 25.105(c).
925.108 Excepted articles, materials, and supplies.
(b) Suggestions for changes and additions to the FAR
25.108(d)(1) list, with appropriate justifications, shall
be submitted to the Procurement Executive.
Subpart 925.2.Buy American Act.Construction Materials
925.202 Policy.
(b) Contracting officers may make the determination
required by FAR 25.202(a)(3). If the cost of the
materials is expected to exceed $100,000, the Head of
the Contracting Activity shall approve the
determination.
925.204 Violations.
Contracting officers shall make a complete written
report (in triplicate) to the Secretary through the
Procurement Executive of each violation of the Buy
American Act.Construction Materials clause at
52.225-5.
Subpart 925.7.Restrictions on certain foreign purchases
925.702 Restrictions.
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 904.71 for additional
guidance.
[59 FR 6221, Feb. 10, 1994]
Subpart 925.9.Additional Foreign Acquisition Clauses
925.901 Omission of the Audit Clause
(c) Conditions for omission.
Any proposed determinations and any reports mentioned at (FAR) 48 CFR 25.901 shall be forwarded
to the Director, Office of Clearance and Support,
within the Headquarters procurement organization.
[59 FR 9102, Feb 25, 1994; 61 FR 21975, May 13,
1996]
Subpart 925.70.Acquisition of Nuclear Hot Cell Services
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, as used in this subpart, means any cost associated with the compliance with regulatory
requirements governing the decommissioning of
nuclear facilities licensed by the Nuclear Regulatory
Commission. Such costs for foreign facilities and for
Department of Energy facilities are costs of
decommissioning associated with the compliance with
foreign regulatory requirements or the Department's
own requirements.
Costs related to the storage and disposal of nuclear waste, as used in this subpart, means any costs, whether required by regulation or incurred as a matter of
prudent business practice, associated with the storage
or disposal of nuclear waste.
Foreign company, as used in this subpart, means a company which offers to perform nuclear hot cell
services at a facility which is not subject to the laws
and regulations of the United States, its agencies, and
its political subdivisions.
Nuclear hot cell services, as used in this subpart, means services related to the examination of, or
performance of various operations on, nuclear fuel
rods, control assemblies, or other components that are
emitting large quantities of ionizing radiation, after
discharge from nuclear reactors, which are performed
in specialized facilities located away from commercial
nuclear power plants, generally referred to in the
industry as "hot cells."
Nuclear waste, as used in this subpart, means any radioactive waste material subject to regulation by the
Nuclear Regulatory Commission or the Department of
Energy, or in the case of foreign offers, by comparable
foreign organizations.
United States company, as used in this subpart, means a company which offers to perform nuclear hot cell
services at a facility subject to the laws and regulations
of the United States, its agencies, and its political
subdivisions.
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) below, 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.)
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.
[58 FR 8909, Feb. 18, 1993]