Does the agreement between DOE and a Other Than High Income economy country for the reimbursement of some or all costs associated with removal of SNF subject that agreement to the FAR?
DOE is not purchasing goods or services, it is reimbursing a country for the costs it expends to assist the U.S. in the removal of SNF for nonproliferation purposes. Is this a correct conclusion?
This response is made without knowledge of the details in the agreement between DOE and the Other Than High Income economy country, any other relevant agreements, the Record of Decision, or applicable U.S. legislation. This scenario does not appear to be one where the FAR would apply. Your question speaks specifically of an "agreement." If that is the correct terminology from the relevant document, it was likely labeled as an agreement to distinguish it from a contract (for which the FAR would be applicable). While the FAR covers "agreements" (e.g., trade agreements, blanket purchase agreements), it is very specific regarding the types of agreements for which it is applicable. The agreement in your situation is not one of them. I expect the details for reimbursing the other nation are spelled out in the specific agreement you reference. However, this overall question should be presented to your organization's legal counsel for a more conclusive answer.
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