§8755 — Title 10 Armed Forces | U.S. Code

Summary

Any company seeking a Navy shipbuilding contract paid from the Shipbuilding and Conversion, Navy account must include with its offer and any later updates a statement if any part of the planned work will use foreign government subsidies, foreign financing, foreign financial guarantees, or foreign tax concessions. The statement must use the form the Secretary of the Navy requires and must say how much of the work will involve those foreign supports, including possible contingencies. Within 5 days after award, the Secretary must tell the congressional defense committees and summarize that disclosure. Covered offeror: a company likely to need steps to limit foreign ownership during the contract. Foreign government subsidized performance: help (money, goods, services, guarantees, or IP concessions) from a foreign government or an entity it controls that can lower costs or support performance. Major defense acquisition program: has the meaning given in section 4201 of this title.

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.

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.

§8755 Disclosures for Offerors for Certain Shipbuilding Major Defense Acquisition Program Contracts