New procurement procedures have been established at Berkeley Lab related to export controls. These procedures currently involve two new processes described below.
Pre-Screening by Procurement for Restricted Parties
The Departments of State, Treasury, and Commerce separately maintain published lists of prohibited end-users (aka “restricted parties”). These lists are referred to collectively as the “Denied Parties Lists.” The Laboratory cannot enter into subcontracts, exchange information, provide services or otherwise participate, directly or indirectly, in any activities with any entity or person found on these lists.
When Procurement receives a requisition requiring a new vendor setup, the assigned procurement specialist will perform a pre-screening process to determine if the vendor is a restricted party. If it is a restricted party, Procurement will inform the Laboratory’s Export Control Compliance Officer (ECCO), who will make a determination as to whether the Laboratory can or cannot award a subcontract to this entity.
Vendor Self-Classification of Export Controlled Items
New processes are in place that require the vendor to notify Procurement as to whether item(s) are export controlled. If product(s) are export controlled, Procurement will inform the ECCO. The ECCO will work with the requester and the procurement specialist to determine how to proceed.
Although the above procedural requirements for export controlled items can add additional time to the procurement process, the Laboratory must ensure compliance with the export control requirements set forth by its prime contract.
Additional information pertaining to export controls can be found on the Laboratory’s Export Control website (https://exportcontrol.lbl.gov/).
If you have any questions about this new process, please contact the Export Control Compliance Office or your Division Export Liaison (see the Export Control Contacts list from the Export Control Contacts and Resources heading at https://exportcontrol.lbl.gov/).
