DOE Proposes Clearer Rules for Selling Materials Outside
Published Date: 2/18/2026
Proposed Rule
Summary
The Department of Energy is updating how it sets prices for materials and services sold to people and organizations outside the government. This change clarifies rules, updates definitions, and adjusts special pricing to keep things fair and clear. If you want to share your thoughts, make sure to comment by April 20, 2026, because these updates could affect costs and how you buy from DOE.
Analyzed Economic Effects
6 provisions identified: 2 benefits, 1 costs, 3 mixed.
Federal Administrative Charge Cut to 1%
If you pay DOE for reimbursable work, the Federal Administrative Charge is set at 1 percent of total direct and indirect costs beginning October 1, 2025. DOE estimates this reduction will lower aggregate costs for non-Federal entities by about $4 million per year based on 2022 volumes.
DOE Contractors Covered by Pricing Rule
If you are a DOE contractor providing materials, goods, or services under a DOE contract, this pricing regulation (10 CFR part 1009) applies to those sales. That means contractor-provided sales to organizations or people outside the Federal Government are governed by the rule.
User Facility Fees: Free vs. Full Cost
Access to DOE non‑NNSA user facilities for non‑proprietary research may be provided without charge when approved by laboratory management, while proprietary research is charged full cost recovery. Additionally, work at NNSA laboratories must be charged to realize full cost recovery.
Research Reactor Support and Commercial Cost‑Sharing
DOE will provide support and services to participating domestic research reactors at no charge when approved, but reactor operators must pay a share of full DOE support costs proportional to commercial use. The program authorizing this is section 31 of Public Law 83-703 (42 U.S.C. 2051).
How DOE Prices Materials From Stock
If DOE delivers materials from stock that can be replaced, it will charge replacement cost plus packaging and shipping; if the materials cannot be replaced, DOE will charge the fair value (which may consider market value or comparable assets).
No General Admission Fees at DOE Museums
DOE states that visitors to DOE museums and exhibits will not be charged admission fees unless there is specific statutory authority to charge them. This continues DOE's historical practice to promote science education.
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