10 CFR §622.103

1. (a)Except as provided in paragraph (b) of this section, all DOE contracts for the sale of personal property to any organization outside the U.S. Government shall include a Disputes clause which provides for:
   1. (1)Binding final decisions by the Contracting Officer, subject to appeal;
   2. (2)Appeal rights pursuant to the Contract Disputes Act of 1978;
   3. (3)Continuation of performance by the contractor at the direction of the contracting officer pending final resolution of the dispute.
2. (b)Exceptions:
   1. (1)The provisions of this part shall not apply to contracts for sale of electric power by the Power Marketing Administrations;
   2. (2)The Secretary may exempt a contract or class of contracts from this requirement upon determination that it would not be in the public interest in an individual contract or class of contracts with a foreign government, or agency thereof, or international organization, or subsidiary body thereof, to include the Disputes clause, as permitted by section 3 of the Contract Disputes Act of 1978.
3. (c)The Energy Board of Contract Appeals (EBCA) has cognizance over disputes relating to DOE Sales contracts.
4. (d)The Disputes clause in § 624.102-4 shall be used in accordance with this § 622.103.