252.225-7046 Exports by Approved

Community Members in Response to the

Solicitation.

As prescribed in 225.7902-5 (a), use the following provision:

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)

Parent topic: 252.225 RESERVED