Sec. 4. Prohibition on procurement
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Beginning on the date that is 1 year after the date of the enactment of this Act— the Secretary may not enter into or renew any DOE contract with a covered individual or entity unless the Secretary determines that the goods or services to be procured under such contract are not procurable from another source in the manner, time frame, or quantity required for the success of the applicable project; and a contractor of the Department of Energy (and any first-tier subcontractor thereof) may not enter into or renew a covered subcontract with a covered individual or entity unless the Secretary determines that the goods or services to be procured under such subcontract are not procurable from another source in the manner, time frame, or quantity required for the success of the applicable project.
Each bidder or offeror for a DOE contract shall certify at the time of the submission of such bid or offer that the bidder or offeror is not a covered individual or entity. In the case that the Secretary determines during the term of a DOE contract that the contractor (or subcontractor thereof at the first or second tier) is a covered individual or entity, the Secretary shall terminate the DOE contract unless the Secretary determines— that the applicable goods or services are not procurable from another source in the manner, time frame, or quantity required for the success of the applicable project; or with respect to a subcontractor that is a covered individual or entity, the person that subcontracted with such subcontractor acted in good faith at such time in determining that the subcontractor was not a covered individual or entity.
Not later than 90 days after the date on which the Secretary enters into or renews a contract with a person under an exception provided by subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— a description of the applicable contract; an analysis of any existing alternative sources of the goods or services being procured in the applicable contract; and recommendations for how to support the development of domestic sources of those goods, services, or technologies, if those sources do not exist.
In this section: The term covered individual or entity means— an entity on the Energy Non-Procurement List; or an individual or entity that provides funding to, or procures goods or services from an entity on the Energy Non-Procurement List. The term DOE contract means a contract with the Department of Energy for the procurement of goods or services. The term subcontract means a subcontract for an amount exceeding $250,000.