Previous Page Next Page Prior Version PDF Version Table of Content DFARS Home Page

(Revised January 15, 2009)

 

 



 252.204-7000 Disclosure of Information.
 252.204-7001 Commercial and Government Entity (CAGE) Code Reporting.
 252.204-7002 Payment for Subline Items Not Separately Priced.
 252.204-7003 Control of Government Personnel Work Product.
 252.204-7004 Alternate A, Central Contractor Registration.
 252.204-7005 Oral Attestation of Security Responsibilities.
 252.204-7006 Billing Instructions.
 252.204-7007
 252.204-7008 Requirements for Contracts Involving Export-Controlled Items.
 252.204-7009 Requirements Regarding Potential Access to Export-Controlled Items.
 252.204-7010 Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol.


252.204-7000  Disclosure of Information.

As prescribed in 204.404-70(a), use the following clause:

 

DISCLOSURE OF INFORMATION (DEC 1991)

 

      (a)  The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

 

              (1)  The Contracting Officer has given prior written approval; or

 

              (2)  The information is otherwise in the public domain before the date of release.

 

      (b)  Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release.  The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.

 

      (c)  The Contractor agrees to include a similar requirement in each subcontract under this contract.  Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

 

(End of clause)

 

252.204-7001  Commercial and Government Entity (CAGE) Code Reporting.

As prescribed in 204.7207, use the following provision:

 

Commercial and Government Entity (CAGE) Code Reporting

(AUG 1999)

 

      (a)  The offeror is requested to enter its CAGE code on its offer in the block with its name and address.  The CAGE code entered must be for that name and address.  Enter “CAGE” before the number.

 

      (b)  If the offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Information Service (DLIS).  The Contracting Officer will—

 

              (1)  Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

 

              (2)  Complete section A and forward the form to DLIS; and

 

              (3)  Notify the Contractor of its assigned CAGE code.

 

      (c)  Do not delay submission of the offer pending receipt of a CAGE code.

 

(End of provision)

 

252.204-7002  Payment for Subline Items Not Separately Priced.

As prescribed in 204.7104-1(b)(3)(iv), use the following clause:

 

Payment for Subline Items Not Separately Priced (DEC 1991)

 

      (a)  If the schedule in this contract contains any contract subline items or exhibit subline items identified as not separately priced (NSP), it means that the unit price for that subline item is included in the unit price of another, related line or subline item.

 

      (b)  The Contractor shall not invoice the Government for any portion of a contract line item or exhibit line item which contains an NSP until—

 

              (1)  The Contractor has delivered the total quantity of all related contract subline items or exhibit subline items; and

 

              (2)  The Government has accepted them.

 

      (c)  This clause does not apply to technical data.

 

(End of clause)

 

252.204-7003  Control of Government Personnel Work Product.

As prescribed in 204.404-70(b), use the following clause:

 

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

 

The Contractor’s procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the Contractor.

 

(End of clause)

 

252.204-7004  Alternate A, Central Contractor Registration.

 

ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

 

As prescribed in 204.1104, substitute the following paragraph (a) for paragraph (a) of the clause at FAR 52.204-7:

 

      (a)  Definitions.  As used in this clause--

 

“Central Contractor Registration (CCR) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

 

“Commercial and Government Entity (CAGE) code” means—

 

              (1)  A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

 

              (2)  A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file.  This type of code is known as an “NCAGE code.”

 

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

 

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.  (D&B has no affiliation with this 4-character suffix.)  This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

 

“Registered in the CCR database” means that—

 

      (1)  The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database;

 

      (2)  The Contractor’s CAGE code is in the CCR database; and

 

      (3)  The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records “Active.”  The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

 

252.204-7005  Oral Attestation of Security Responsibilities.

As prescribed in 204.404-70(c), use the following clause:

 

ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

 

      (a)  Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities imposed by law or regulation on those granted access.  Reading aloud the first paragraph of Standard Form 312, Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this purpose, and a witness, will satisfy this requirement.  Contractor employees currently cleared for access to TS, SAP, or SCI may attest orally to their security responsibilities when being briefed into a new program or during their annual refresher briefing.  There is no requirement to retain a separate record of the oral attestation.

 

      (b)  If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access to classified information and shall submit a report to the Contractor’s security activity.

 

(End of clause)

 

252.204-7006  Billing Instructions.

As prescribed in 204.7109, use the following clause:

 

BILLING INSTRUCTIONS (OCT 2005)

 

      When submitting a request for payment, the Contractor shall—

 

      (a)  Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

 

      (b)  Separately identify a payment amount for each contract line item included in the payment request.

 

(End of clause)

 

252.204-7007  Alternate A, Annual Representations and Certifications.

 

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2008)

 

As prescribed in 204.1202, substitute the following paragraph (c) for paragraph (c) of the provision at FAR 52.204-8:

 

     (c)  The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at https://orca.bpn.gov/.  After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].  These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

   

FAR/DFARS Clause #

Title

Date

Change

 

 

 

 

 

 

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

 

252.204-7008  Requirements for Contracts Involving Export-Controlled Items.

As prescribed in 204.7305(a), use the following clause:

 

 REQUIREMENTS FOR CONTRACTS INVOLVING EXPORT-CONTROLLED ITEMS (JUL 2008)

 

  (a)  Definition.  “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (22 CFR Parts 120-130).  The term includes:

            (1)  “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data.  The term “defense items” includes information and technology.

 

            (2)  “Items,” defined in the EAR as “commodities, software, and technology,” terms that are also defined in the EAR, 15 CFR 772.1.  Regarding the release of items subject to the EAR to foreign nationals within the United States, “items” only include technology and software source code (and not commodities) subject to the EAR.

 

  (b)  The parties anticipate that, in the performance of this contract, the Contractor will generate or need access to export-controlled items.

 

  (c)  The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including the requirement for contractors to register with the Department of State in accordance with the ITAR.  The Contractor shall consult with the Department of State regarding any questions relating to the ITAR and with the Department of Commerce regarding any questions relating to the EAR.

 

  (d)  The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

 

  (e)  Nothing in the terms of this contract is intended to change, supersede, or waive any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to—

 

(1)  The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401-2420);

 

(2)  The Arms Export Control Act of 1976 (22 U.S.C. 2751 et seq.);

 

(3)  The International Emergency Economic Powers Act (50 U.S.C. 1701-1707);

 

(4)  The Export Administration Regulations (15 CFR Parts 730-774);

 

(5)  The International Traffic in Arms Regulations (22 CFR Parts 120-130);

 

(6)  Executive Order 13222, as extended;

 

(7)  DoD Directive 2040.2, International Transfers of Technology, Goods, Services, and Munitions; and

 

(8)  DoD Industrial Security Regulation (DoD 5220.22-R).

 

  (f)  The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that are expected to involve access to or generation of export-controlled items.

 

(End of clause)

 

252.204-7009  Requirements Regarding Potential Access to Export-Controlled Items.

As prescribed in 204.7305(b), use the following clause:

 

REQUIREMENTS REGARDING POTENTIAL ACCESS TO EXPORT-CONTROLLED ITEMS (JUL 2008)

 

  (a)  Definition.  “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774) or the International Traffic in Arms Regulations (22 CFR Parts 120-130).  The term includes:

            (1)  “Defense items,” defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data.  The term “defense items” includes information and technology.

 

            (2)  “Items,” defined in the EAR as “commodities, software, and technology,” terms that are also defined in the EAR, 15 CFR 772.1.  Regarding the release of items subject to the EAR to foreign nationals within the United States, “items” only include technology and software source code (and not commodities) subject to the EAR.

 

  (b)  The parties do not anticipate that, in the performance of this contract, the Contractor will generate or need access to export-controlled items.

 

  (c)  If, during the performance of this contract, the Contractor becomes aware that the Contractor will generate or need access to export-controlled items—

 

(1)  The Contractor shall notify the Contracting Officer in writing; and

 

(2)  The Contracting Officer will expeditiously—

 

                        (i)  Modify the contract to include the Defense Federal Acquisition Regulation Supplement clause 252.204-7008, Requirements for Contracts Involving Export-Controlled Items;

 

            (ii)  Negotiate a contract modification that eliminates the requirement for performance of work that would involve export-controlled items; or

 

            (iii)  Terminate the contract, in whole or in part, as may be appropriate, for the convenience of the Government, in accordance with the Termination clause of the contract.

 

(End of clause)

 

252.204-7010  Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol.

As prescribed in 204.470-3, use the following clause:

 

REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN 2009)

 

  (a)  If the Contractor is required to report any of its activities in accordance with Department of Commerce regulations (15 CFR Part 781 et seq.) or Nuclear Regulatory Commission regulations (10 CFR Part 75) in order to implement the declarations required by the U.S.-International Atomic Energy Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall—

 

(1)  Immediately provide written notification to the following DoD Program Manager:

 

[Contracting Officer to insert Program Manager’s name, mailing address, e-mail address, telephone number, and facsimile number];

 

(2)  Include in the notification—

 

                        (i)  Where DoD contract activities or information are located relative to the activities or information to be declared to the Department of Commerce or the Nuclear Regulatory Commission; and

 

                        (ii)  If or when any current or former DoD contract activities and the activities to be declared to the Department of Commerce or the Nuclear Regulatory Commission have been or will be co-located or located near enough to one another to result in disclosure of the DoD activities during an IAEA inspection or visit; and

 

(3)  Provide a copy of the notification to the Contracting Officer.

           

  (b)  After receipt of a notification submitted in accordance with paragraph (a) of this clause, the DoD Program Manager will—

 

            (1)  Conduct a security assessment to determine if and by what means access may be granted to the IAEA; or

 

            (2)  Provide written justification to the component or agency treaty office for a national security exclusion, in accordance with DoD Instruction 2060.03, Application of the National Security Exclusion to the Agreements Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America.  DoD will notify the Contractor if a national security exclusion is applied at the Contractor’s location to prohibit access by the IAEA.

 

  (c)  If the DoD Program Manager determines that a security assessment is required—

 

(1)  DoD will, at a minimum—

 

            (i)  Notify the Contractor that DoD officials intend to conduct an assessment of vulnerabilities to IAEA inspections or visits;

 

            (ii)  Notify the Contractor of the time at which the assessment will be conducted, at least 30 days prior to the assessment;

 

            (iii)  Provide the Contractor with advance notice of the credentials of the DoD officials who will conduct the assessment; and

 

            (iv)  To the maximum extent practicable, conduct the assessment in a manner that does not impede or delay operations at the Contractor’s facility; and

 

(2)  The Contractor shall provide access to the site and shall cooperate with DoD officials in the assessment of vulnerabilities to IAEA inspections or visits.    

 

  (d)  Following a security assessment of the Contractor’s facility, DoD officials will notify the Contractor as to—

 

            (1)  Whether the Contractor’s facility has any vulnerabilities where potentially declarable activities under the U.S.-IAEA AP are taking place;

 

            (2)  Whether additional security measures are needed; and

 

            (3)  Whether DoD will apply a national security exclusion.

 

  (e)  If DoD applies a national security exclusion, the Contractor shall not grant access to IAEA inspectors.

 

  (f)  If DoD does not apply a national security exclusion, the Contractor shall apply managed access to prevent disclosure of program activities, locations, or information in the U.S. declaration.

 

  (g)  The Contractor shall not delay submission of any reports required by the Department of Commerce or the Nuclear Regulatory Commission while awaiting a DoD response to a notification provided in accordance with this clause.

 

  (h)  The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all subcontracts that are subject to the provisions of the U.S.-IAEA AP.

 

(End of clause)

 


Previous Page Next Page Prior Version PDF Version Table of Content DFARS Home Page