Common use of Subcontractor Eligibility Clause in Contracts

Subcontractor Eligibility. 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 all certifications and representations requested by the EB Buyer; and When required, submit a Small Business Subcontracting Plan (with large businesses only) (Refer to Part III, clause 3.066, FAR 52.219-9.) Certain exceptions may apply. Failure to submit and negotiate a small business subcontracting plan, when required, may make you ineligible for award of a subcontract; The intended recipient of a subcontract for performance of work under this purchase order must not: be debarred, suspended, proposed for debarment, or otherwise ineligible to receive a U.S. Government contract or subcontract (Refer to Clauses 3 and 3.054; applies to all intended recipients; prior written approval of the Purchaser and Purchaser’s customer is required for any exceptions.); or be owned or controlled by the Government of a Terrorist Country as defined in the Part IV DFARS clause 252.209-7004 entitled “Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country” (as modified). Written approval of the Buyer and the U.S. Government is required for any exceptions.

Subcontractor Eligibility. 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 all certifications and representations requested by the EB Buyer; and When required, submit a Small Business Subcontracting Plan (with large businesses only) (Refer to Part III, clause 3.0663.060, FAR 52.219-9.) Certain exceptions may apply. Failure to submit and negotiate a small business subcontracting plan, when required, may make you ineligible for award of a subcontract; The intended recipient of a subcontract for performance of work under this purchase order must not: be debarred, suspended, proposed for debarment, or otherwise ineligible to receive a U.S. Government contract or subcontract (Refer to Clauses 3 and 3.0543.046; applies to all intended recipients; prior written approval of the Purchaser and Purchaser’s customer is required for any exceptions.); or be owned or controlled by the Government of a Terrorist Country as defined in the Part IV DFARS clause 252.209-7004 entitled “Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country” (as modified). Written approval of the Buyer and the U.S. Government is required for any exceptions.

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 all certifications and representations requested by the EB Buyer; and When required, submit a Small Business Subcontracting Plan (with large businesses only) (Refer to Part III, clause 3.066, FAR 52.219-9.) Certain exceptions may apply. Failure to submit and negotiate a small business subcontracting plan, when required, may make you ineligible for award of a subcontract; The intended recipient of a subcontract for performance of work under this purchase order must not: be debarred, suspended, proposed for debarment, or otherwise ineligible to receive a U.S. Government contract or subcontract (Refer to Clauses 3 and 3.054; applies to all intended recipients; prior written approval of the Purchaser and Purchaser’s customer is required for any exceptions.); or be owned or controlled by the Government of a Terrorist Country as defined in the Part IV DFARS clause 252.209-7004 entitled “Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country” (as modified). Written approval of the Buyer and the U.S. Government is required for any exceptions.

Subcontractor Eligibility. 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 all certifications and representations requested by the EB Buyer; and When required, submit a Small Business Subcontracting Plan (with large businesses only) (Refer to Part III, clause 3.0663.056, FAR 52.219-9.) Certain exceptions may apply. Failure to submit and negotiate a small business subcontracting plan, when required, may make you ineligible for award of a subcontract; The intended recipient of a subcontract for performance of work under this purchase order must not: be debarred, suspended, proposed for debarment, or otherwise ineligible to receive a U.S. Government contract or subcontract (Refer to Clauses 3 and 3.0543.044; applies to all intended recipients; prior written approval of the Purchaser and Purchaser’s customer is required for any exceptions.); or be owned or controlled by the Government of a Terrorist Country as defined in the Part IV DFARS clause 252.209-7004 entitled “Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country” (as modified). Written approval of the Buyer and the U.S. Government is required for any exceptions.