DOC (Department Of Commerce)

What is DOC (Department Of Commerce)?

The Department of Commerce (DOC) is a cabinet-level agency of the U.S. government tasked with promoting economic growth. In government contracting, it's relevant because the DOC itself procures various goods and services, and it also establishes regulations that affect contractors across many industries, particularly concerning export controls and cybersecurity.

Definition

The Department of Commerce (DOC) fosters economic growth by promoting innovation, entrepreneurship, and competitiveness. It has several bureaus and agencies, including the National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), and the Bureau of Industry and Security (BIS). These entities each have unique missions and, therefore, varying contracting needs and compliance requirements. The legal and regulatory basis for the DOC's activities is derived from various statutes and executive orders related to trade, technology, and economic development. For government contractors, understanding DOC's structure, regulations, and procurement processes is essential for both securing contracts with the Department and complying with DOC-administered rules impacting their broader operations.

Key Points

• Export Administration Regulations (EAR): The BIS within the DOC administers the EAR, which controls the export and re-export of certain goods, software, and technology. Contractors dealing with sensitive technologies must comply with these regulations.
• National Institute of Standards and Technology (NIST): NIST develops standards and guidelines that can impact government contractors, especially those in the IT and cybersecurity sectors. Meeting NIST standards can be a requirement for contract award and performance.
• Economic Development Administration (EDA): The EDA focuses on job creation and economic growth. Contractors may encounter the EDA through local development projects or when partnering with organizations receiving EDA funding.
• Procurement Opportunities: The DOC and its sub-agencies offer various contracting opportunities for goods and services related to their missions, ranging from weather forecasting equipment to economic research.

Practical Examples

1. Complying with Export Controls: A software company providing services to the Department of Defense needs to ensure its software doesn't violate EAR regulations, especially if its software incorporates encryption or is used in sensitive applications.
2. Meeting NIST Cybersecurity Standards: An IT contractor bidding on a DOC contract may be required to demonstrate compliance with NIST's Cybersecurity Framework or other relevant NIST publications, as these are often incorporated into security requirements.
3. Supporting EDA Projects: A construction company bidding on a project to build a new facility in a economically distressed area may encounter the EDA if that project receives funding from the agency, and compliance with EDA's requirements may be necessary.