Subcontracting and Subcontracting Restrictions Sample Clauses
The "Subcontracting and Subcontracting Restrictions" clause defines the rules and limitations regarding a party's ability to delegate its contractual obligations to third parties. Typically, this clause requires the primary contractor to obtain prior written consent from the other party before engaging any subcontractors, and may set conditions on the types of work that can be subcontracted or the qualifications required of subcontractors. Its core function is to ensure that the contracting party retains control over who performs the work, thereby managing quality, security, and accountability risks associated with third-party involvement.
Subcontracting and Subcontracting Restrictions. (a) Subcontractor Eligibility – (Refer also to clause I.1-6.g.) Before providing export controlled technical data and/or hardware to prospective lower-tier bidders and suppliers, it is your responsibility to ensure that the intended recipient is eligible to receive it. As a prospective subcontractor/subcontractor to EB, you must satisfy the following criteria. You should consider, as a minimum, using similar criteria when evaluating your prospective recipients of technical data/hardware or subcontracts. (Note: Nothing stated here is intended to relieve you of any of you responsibility to comply with all applicable laws, regulations, rules, etc.) Be actively certified under the U.S./Canada Joint Certification Program (“JCP Certified”) (Refer to clause 8.) (Applies to U.S. & Canadian Suppliers only.); and Be registered with the U.S. State Department, when required (Refer to Clause 8) (Applies to U.S. Suppliers only.); Have developed and implemented a written Access Control Plan/Technology Control Plan (ACP/TCP) to prevent unauthorized disclosures of export-controlled hardware and technical data. (Refer to Clause 8) (Applies to all intended recipients at every tier.); If access to Naval Nuclear Propulsion Information (NNPI) is required and you are eligible to receive it, you must have developed and implemented a written Access Control Plan/Technology Control Plan (ACP/TCP) that also addresses preventing unauthorized disclosures of NNPI (Refer to Clauses 8, 207-212, and EB Certification and Representation Regarding Foreign Ownership, Control, or Influence Form No. 84-03-2205) (Applies to all intended U.S. recipients at every tier potentially needing access to NNPI. Foreign nationals may not have access to NNPI.); Ensure that appropriate EB, and EB Customer approval via EB, are requested and obtained, when required, prior to disclosing export-controlled technical data, hardware, software, and information to foreign nationals, whether within the U.S. or abroad. Ensure that appropriate U.S. State Department approvals and/or licenses are obtained for all prospective foreign suppliers and subcontractors before providing them with, or with access to, export-controlled hardware, technical data, software, and information; Include in lower-tier solicitations and subcontracts all subcontract requirements of these Terms and Conditions, the letter contract/purchase order, and all other documents applicable thereto, that are required to be flowed down; Complete and submit ...
Subcontracting and Subcontracting Restrictions