US10 CFR10 CFR Part 622Secondary legislationIn force

Contractual Provisions

This regulation establishes contractual dispute resolution provisions for DOE contracts involving the sale of personal property to non-federal organizations. Contracts must include a disputes clause providing binding decisions by the Contracting Officer with appeal rights under the Contract Disputes Act of 1978, and require contractor performance continuation pending resolution. Exceptions apply to Power Marketing Administrations' electric power sales contracts and cases where the Secretary determines inclusion would not serve the public interest for foreign governments or international organizations.

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PART 622—CONTRACTUAL PROVISIONS

§ 622.103 Dispute provisions.

(a) Except as provided in paragraph (b) of this section, all DOE contracts for the sale of personal property to any organization outside the U.S. Government shall include a Disputes clause which provides for:

(1) Binding final decisions by the Contracting Officer, subject to appeal;

(2) Appeal rights pursuant to the Contract Disputes Act of 1978;

(3) Continuation of performance by the contractor at the direction of the contracting officer pending final resolution of the dispute.

(b) Exceptions:

(1) The provisions of this part shall not apply to contracts for sale of electric power by the Power Marketing Administrations;

(2) The Secretary may exempt a contract or class of contracts from this requirement upon determination that it would not be in the public interest in an individual contract or class of contracts with a foreign government, or agency thereof, or international organization, or subsidiary body thereof, to include the Disputes clause, as permitted by section 3 of the Contract Disputes Act of 1978.

(c) The Energy Board of Contract Appeals (EBCA) has cognizance over disputes relating to DOE Sales contracts.

(d) The Disputes clause in § 624.102-4 shall be used in accordance with this § 622.103.

Source

https://www.ecfr.gov/current/title-10/part-622

Canonical document at the regulator. Always cite this URL — not the Vantage detail page — in compliance evidence.

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