Disclosures for offerors for certain shipbuilding major defense acquisition program contracts

10 U.S.C. § 8755

• Title: 10 — Armed Forces
• Chapter: 873 — PROCUREMENT OF SUPPLIES AND SERVICES

Text

(a) In General.—Any covered offeror seeking to be awarded a shipbuilding construction contract as part of a major defense acquisition program with funds from the Shipbuilding and Conversion, Navy account shall disclose along with the offer and any subsequent revisions of the offer (including the final proposal revision offer) if any part of the planned contract performance will or is expected to include foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(b) Requirements.—A disclosure required under subsection (a) shall be made in a form prescribed by the Secretary of the Navy and shall include a specific description of the extent to which the planned contract performance will include, with or without contingencies, any foreign government subsidized performance, foreign financing, foreign financial guarantees, or foreign tax concessions.
(c) Congressional Notification.—Not later than 5 days after awarding a contract described under subsection (a), the Secretary of the Navy shall notify the congressional defense committees and summarize the disclosure provided under such subsection.
(d) Definitions.—In this section:
(1) Covered offeror.—The term "covered offeror" means any offeror that requires or may reasonably be expected to require, during the period of performance on a shipbuilding construction contract described in subsection (a), a method to mitigate or negate foreign ownership under section 2004.34(f)(6) of title 32, Code of Federal Regulations.
(2) Foreign government subsidized performance.—The term "foreign government subsidized performance" means any financial support, materiel, services, or guarantees of support, services, supply, performance, or intellectual property concessions, that may be provided to or for the covered offeror or the customer of the offeror by a foreign government or entity effectively owned or controlled by a foreign government, which may have the effect of supplementing, supplying, servicing, or reducing the cost or price of an end item, or supporting, financing in whole or in part, or guaranteeing contract performance by the offeror.
(3) Major defense acquisition program.—The term "major defense acquisition program" has the meaning given the term in section 4201 of this title.

History

(Added Pub. L. 116–283, div. A, title VIII, §803(a), Jan. 1, 2021, 134 Stat. 3734, §2339c; renumbered §8755 and amended Pub. L. 117–81, div. A, title XVII, §1701(e)(1)(A), Dec. 27, 2021, 135 Stat. 2138.)

Editorial Notes

Editorial Notes

Amendments
2021—Pub. L. 117–81 renumbered section 2339c of this title as this section and substituted "section 4201" for "section 2430" in subsec. (d)(3).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81, which renumbered section 2339c of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 137 of this title, where section 2339c of this title was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.

Editorial Notes

Prior Provisions
A prior chapter 875, consisting of section 9061, related to miscellaneous investigation requirements and other duties, prior to renumbering as chapter 949 of this title.

Amendments
2018—Pub. L. 115–232, div. A, title VIII, §807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 647 of this title as this chapter and items 7541 to 7547 as 8761 to 8767, respectively.
2009—Pub. L. 111–84, div. A, title V, §592(b), Oct. 28, 2009, 123 Stat. 2337, added item 7541b.
1975—Pub. L. 93–628, §1(b), Jan. 3, 1975, 88 Stat. 2148, inserted ", Naval Sea Cadet Corps and Young Marines of the Marine Corps League" in item 7541.
1965—Pub. L. 89–266, §1(2), Oct. 19, 1965, 79 Stat. 990, added item 7541a.