Title 10Armed ForcesRelease 119-73

§8755 Disclosures for offerors for certain shipbuilding major defense acquisition program contracts

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART IV— - GENERAL ADMINISTRATION › Chapter CHAPTER 873— - PROCUREMENT OF SUPPLIES AND SERVICES › § 8755

Last updated Apr 6, 2026|Official source

Summary

Companies bidding for shipbuilding construction contracts paid from the Shipbuilding and Conversion, Navy account must tell the Navy when they submit their offer (and any updates, including the final revision) if any part of the planned work will use help from a foreign government — such as subsidies, foreign loans or financing, foreign financial guarantees, or foreign tax breaks. The Navy will give a required form, and the bidder must describe how much of the work would be affected, even if that help might depend on future events. Within 5 days after the contract award, the Secretary of the Navy must notify the congressional defense committees and summarize the disclosure. Definitions: covered offeror — a bidder likely to need a way to handle foreign ownership issues under 32 CFR 2004.34(f)(6); foreign government subsidized performance — any money, materials, services, guarantees, or intellectual property help from a foreign government or an entity it controls that supports or lowers the cost of the work; major defense acquisition program — as defined in section 4201 of Title 10.

Full Legal Text

Title 10, §8755

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)In this section:
(1)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)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)The term “major defense acquisition program” has the meaning given the term in section 4201 of this title.

Legislative History

Notes & Related Subsidiaries

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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8755

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73