DFARS 252.225-7046 Exports by Approved Community Members in Response to the Solicitation. Basic (Jun 2013)

As prescribed in 225.7902-5(a), use the provision at 252.225-7046, Exports by Approved Community Members in Response to the Solicitation, in solicitations containing the clause at 252.225-7047.

EXPORTS BY APPROVED COMMUNITY MEMBERS IN RESPONSE TO THE SOLICITATION (JUNE 2013)

      (a)  Definitions.  The definitions of "Approved Community", “defense articles", Defense Trade Cooperation (DTC) Treaty”, "export", “Implementing Arrangement", “qualifying defense articles”, "transfer", and "U.S. DoD Treaty-eligible requirements" in DFARS clause 252.225-7047 apply to this provision.

      (b)  All contract line items in the contemplated contract, except any identified in this paragraph, are intended to satisfy U.S. DoD Treaty-eligible requirements. Specific defense articles that are not U.S. DoD Treaty-eligible will be identified as such in those contract line items that are otherwise U.S. DoD Treaty-eligible.

CONTRACT LINE ITEMS NOT INTENDED TO SATISFY
U.S. DoD TREATY-ELIGIBLE REQUIREMENTS:

______________________________________________________________

[Enter Contract Line Item Number(s) or enter "None"]

      (c)  Approved Community members responding to the solicitation may only export or transfer defense articles that specifically respond to the stated requirements of the solicitation.

      (d)  Subject to the other terms and conditions of the solicitation and the contemplated contract that affect the acceptability of foreign sources or foreign end products, components, parts, or materials, Approved Community members are permitted, but not required, to use the DTC Treaties for exports or transfers of qualifying defense articles in preparing a response to this solicitation.

      (e)  Any conduct by an offeror responding to this solicitation that falls outside the scope of the DTC Treaties, the Implementing Arrangements, and the implementing regulations of the Department of State in 22 CFR 126.16 (Australia), 22 C.F.R. 126.17 (United Kingdom), and 22 C.F.R. 126 Supplement No. 1 (exempted technologies list) is subject to all applicable International Traffic in Arms Regulations (ITAR) requirements, including any criminal, civil, and administrative penalties or sanctions, as well as all other United States statutory and regulatory requirements outside of ITAR.

      (f)  If the offeror uses the procedures established pursuant to the DTC Treaties, the offeror agrees that, with regard to the export or transfer of a qualifying defense article associated with responding to the solicitation, the offeror shall—

              (1)  Comply with the requirements and provisions of the applicable DTC Treaties, the Implementing Arrangements, and corresponding regulations (including the ITAR) of the U.S. Government and the government of Australia or of the United Kingdom, as applicable;

              (2)  Prior to the export or transfer of a qualifying defense article—

                    (i)  Mark, identify, transmit, store, and handle any defense articles provided for the purpose of responding to such solicitations, as well as any defense articles provided with or developed pursuant to their responses to such solicitations, in accordance with the DTC Treaties, the Implementing Arrangements, and corresponding regulations of the United States Government and the government of Australia or the government of the United Kingdom, as applicable, including, but not limited to, the marking and classification requirements described in the applicable regulations;

                    (ii)  Comply with the re-transfer or re-export provisions of the DTC Treaties, the Implementing Arrangements, and corresponding regulations of the United States Government and the government of Australia or the government of the United Kingdom, as applicable, including, but not limited to, the re-transfer and re-export requirements described in the applicable regulations; and

                    (iii)  Acknowledge that any conduct that falls outside or in violation of the DTC Treaties, Implementing Arrangements, and implementing regulations of the applicable government including, but not limited to, unauthorized re-transfer or re- export in violation of the procedures established in the applicable Implementing Arrangement and implementing regulations, remains subject to applicable licensing requirements of the government of Australia, the government of the United Kingdom, and the United States Government, as applicable, including any criminal, civil, and administrative penalties or sanctions contained therein; and

      (g)  Representation.  The offeror shall check one of the following boxes and sign the representation:

The offeror represents that export(s) or transfer(s) of qualifying defense articles were made in preparing its response to this solicitation and that such export(s) or transfer(s) complied with the requirements of this provision.

______________________________________________________________

Name/Title of Duly Authorized Representative          Date

The offeror represents that no export(s) or transfer(s) of qualifying defense articles were made in preparing its response to this solicitation.

______________________________________________________________

Name/Title of Duly Authorized Representative          Date

      (h)  Subcontracts.  Flow down the substance of this provision, including this paragraph (h), but excluding the representation at paragraph (g), to any subcontractor at any tier intending to use the DTC Treaties in responding to this solicitation.

(End of provision)

(h) Subcontracts. Flow down the substance of this provision, including this paragraph (h), but excluding the representation at paragraph (g), to any subcontractor at any tier intending to use the DTC Treaties in responding to this solicitation.

Mandatory (Exception);
Contracts ✖ (Applies when intent to use DTC Treaties in responding to this solicitation is required.);

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.225-1 Buy American—Supplies

52.225-11 Buy American—Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials under Trade Agreements.

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-8 Duty-Free Entry.

52.225-9 Buy American—Construction Materials.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

252.225-7001 Buy American and Balance of Payments Program.

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

252.225-7013 Duty-Free Entry.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.225-7047 Exports by Approved Community Members in Performance of the Contract.

252.225-7048 Export-Controlled Items.

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.229-7004 Status of Contractor as a Direct Contractor (Spain).

252.229-7014 Taxes—Foreign Contracts in Afghanistan.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.245-7004 Reporting, Reutilization, and Disposal.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

1852.225-70 Export Licenses.

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.247-73 Bills of Lading.

5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR)

5252.227-9507 Notice Regarding The Dissemination of Export-ControlledTechnical Data (NAVAIR) (Oct 2005)

5152.225-5914 Commodity Shipping Instructions

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended.

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States.

652.247-71 Shipping Instructions

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