PGI SUBPART 25.79 – EXPORT CONTROL     **Parent topic:** PGI PART 25 – FOREIGN ACQUISITIONPGI 25.7902-4 Procedures.     (S-90) The contracting officer shall follow the guidance in PGI             25.7902-4(S-90)(1), (2), or (3), as applicable, to determine if an offeror meets the             conditions for an exception to the requirement to verify DLA controlling authority             approval to access export-controlled data.         (1) If the offeror is a manufacturer or an OEM offering its             manufactured item and does not require access to DLA controlled technical data or             information to complete contract performance, the offeror must have asserted within its             offer or must otherwise confirm in writing to the contracting officer prior to award             that it does not require access to DLA controlled technical data or information, and it             will provide items that conform to the current revision of applicable technical data.             The contracting officer shall document the offeror’s assertion in the contract file and             insert procurement note H10, Awardee Requires No Access to DLA Controlled Technical Data             or Information for Contract Performance, in the award.         *****         H10 Awardee Requires No Access to DLA Controlled Technical Data or             Information for Contract Performance (FEB 2020)         Awardee has confirmed it will not require access to DLA controlled             technical data or information for contract performance, and it will provide items that             conform to the current revision of applicable technical data.         *****         (2) If the offeror is a dealer or a distributor offering an item             produced by another source of supply and does not require access to technical data or             information to complete performance, the offeror must have asserted in its offer or must             otherwise confirm in writing to the contracting officer prior to award that it does not             require access to controlled technical data or information and that it is offering items             that conform to the current revision of applicable technical data. The contracting             officer shall include the offeror’s assertion in the contract file and insert             procurement note H10 in the award.         (3)(i) If the offeror is a dealer offering unused former Government             surplus property designated as a Trade Security Controlled (TSC) item and does not             require access to technical data or information to complete performance, the contracting             officer shall not award the requirement until—         (A) The product specialist has validated the item meets all current             revision requirements based on the offeror’s responses in procurement note C04, Unused             Former Government Surplus Property (see 11.390(a)); and         (B) The offeror has asserted in its offer or otherwise confirmed in             writing to the contracting officer prior to award that it does not require access to             controlled technical data or information and that it is offering items that conform to             the current revision of applicable technical data.         (ii) The contracting officer shall include the offeror’s assertion             and product specialist’s recommendation in the contract file, and insert procurement             note H10 in the award.         (S-91) The contracting officer generally should not delay award             solely because the offeror does not have DLA controlling authority approval to access             export control technical data. The contracting officer shall not make blanket             determinations to delay awards pending DLA controlling authority approval. The             contracting officer shall review each procurement independently, document any decision             to delay the award pending DLA controlling authority approval, and include the             documentation in the contract file.         (S-92) If the awardee confirmed prior to award that it did not             require access to controlled technical data or information to perform and after award             notifies the contracting officer that it does require access, the contracting officer             shall not grant a delivery extension for the awardee to obtain DLA controlling authority             approval to access export control technical data. For unilateral purchase orders, if an             awardee states after award that it requires access to technical data or information, the             contracting officer may withdraw the purchase order in accordance with FAR 13.004(c), as             the awardee is unable to accept DLA’s offer through performance.