117.    PROTECTION OF NAVAL NUCLEAR PROPULSION     INFORMATION (NAVSEA 5252.227-9100 (JAN 86) (EB-MODIFIED))
    This clause is applicable if this Purchase Order calls for the development or use of Naval Nuclear Propulsion Information.
    (a)    Naval Nuclear Propulsion Information is defined as that information and/or hardware concerning the design, arrangement, development, manufacturing, testing, operation, administration, training, maintenance, and repair of the propulsion plants of Naval nuclear powered ships including the associated shipboard and shore-based nuclear support facilities.
    Seller shall develop and implement appropriate policies and procedures for the safeguarding from actual, potential or inadvertent release by the Seller, or any subcontractor, of any Naval Nuclear Propulsion Information in any form, classified or unclassified.  Such safeguards shall ensure that only Governmental, Buyer  and Seller parties, including subcontractors, that have an established need-to-know, have access in order to perform work under this contract, and then only under conditions which assure that the information is properly protected.  Access by foreign nationals or immigrant aliens is not permitted.  A foreign national or immigrant alien is defined as a person not a United States citizen or a United States National.  United States citizens representing a foreign government, foreign private interest or other foreign nationals, are considered to be foreign nationals for industrial security purposes and the purpose of this restriction.  In addition, any and all issue or release of such information beyond such necessary parties, whether or not ordered through an administrative or judicial tribunal, shall be brought to the attention of the Buyer's Contracting Officer for Security.
    (b)    The Buyer's contracting Officer for Security shall be immediately notified via Buyer of any litigation, subpoenas, or requests which either seek or may result in the release of Naval Nuclear Propulsion Information.
    (c)    In the event that a court or administrative order makes immediate review by the Contracting Officer for Security impractical, the Seller agrees to take all necessary steps to notify the court or administrative body of the Navy's interest in controlling the release of such information through review and concurrence in any release.
    (d)    The Contracting Agency reserves the right to audit Seller's facilities for compliance with the above restrictions.
    (e)    Exceptions to these requirements may only be obtained with prior approval from the Commander, Naval Sea Systems Command (Contact SEA 09T1).

118.    TRANSMISSION ABROAD OF EQUIPMENT OR TECHNICAL DATA     RELATING TO THE NUCLEAR PROPULSION OF NAVAL SHIPS NAVSEA     5252.227-9101 (SEP 1990) (EB-MODIFIED) (MANDATORY)
    (a)    Equipment and technical data defined as Naval Nuclear Propulsion Information (NNPI) under NAVSEAINST 5511.32A shall not be disclosed to foreign nationals.  If this Order contains any equipment or technical data defined as NNPI, this Order shall be marked NOFORN.
    (b)    For other than equipment and technical data defined as NNPI in paragraph (a) above, except with the prior written consent of the Buyer and the Government, or their designated representatives, the Seller shall not, at any time during or after the performance of this Purchase Order, transmit, disclose or give access to (whether visually, orally, or in writing), or authorize the transmittal or disclosure of, or access to  any equipment or technical data, as defined in paragraph (c) below, (1) outside the United States, or (2) irrespective of location,  (i) to any foreign national, not working on this contract or any subcontract hereunder (ii) to any foreign organization (including foreign subsidiaries and affiliates of the Seller), (iii) to any foreign Government, or (iv) to any international organization.
    (c)    As used in this requirement, the following terms shall have the following definitions:
        (1)  "United States" means the States, the District of Columbia, Puerto Rico, American Samoa, the Virgin Islands, Guam, and any areas subject to the complete sovereignty of the United States;
        (2)  "equipment" means all supplies of the kind specified to be delivered under this contract, all component parts thereof, and all models of such supplies and component parts; but "equipment" does not include standard commercial supplies and component parts, and models thereof;
        (3)  "technical data" means all professional, scientific, or technical information and data produced or prepared for the performance of this contract, or on or for the operation, maintenance, evaluation, or testing of any contract item, whether or not the information and data were specified to be delivered under this contract including, without limitation, all writings, sound recordings, pictorial reproductions, and drawings or other graphical representations; but "technical data" does not include such information and data on standard commercial supplies and component parts to the extent that the information and data do not relate to the use, operation, maintenance, evaluation and testing of such supplies and component parts in or in connection with any item, or component parts thereof, specified to be delivered under this contract.
    (d)    The Seller agrees to insert in all lower-tier subcontracts under this Purchase Order provisions which shall conform substantially to the language of this requirement, including this paragraph (d)
    (e)    Notwithstanding any other provisions of this requirement, this requirement shall not apply (1) where the transmittal or authorization for the transmittal of equipment or technical data is to be made pursuant to a contract or agreement to which the United States is a party; and (2) where the transmittal is to be of equipment or technical data which the Buyer and Government, or their designated representatives, have declared in writing to the Contractor to be thereafter exempt from this requirement.

119.    EXPORT CONTROL OF TECHNICAL DATA
    Documentation associated with our end product, submersibles, (including but not limited to drawings, sketches, specifications, diagrams, models), discussions, telecons, or any other transfer of information, whether verbal or written, are considered to be technical data for export control as outlined in Title 22 Code of Federal Regulations Subchapter M, International Traffic in Arms Regulations (ITAR), see Part 120 ET AL.
    Seller is solely and expressly responsible to insure that any dissemination of such "technical data" is accomplished in accordance with Electric Boat Purchase Order requirements and ITAR and that all requisite export and/or offshore procurement licenses are obtained.  Failure to comply with these requirements may lead to criminal prosecution.
    Seller is also responsible for highlighting these legal requirements to all lower-tier subcontractors and to flow down these obligations through their terms and conditions.

120.    DFARS 252.225-7026, REPORTING OF CONTRACT     PERFORMANCE OUTSIDE THE UNITED STATES (MAY 1995)     (MANDATORY)
    (This Article is applicable less paragraph (c) if this purchase order exceeds $100,000; however, it is not applicable if this order is for commercial items as defined in DFARS 211.7001, construction, ores, natural gases, utilities, petroleum products and crudes, timber (logs), or subsistence.  Seller shall request the prime contract number for reporting purposes from the Buyer named on this order.  Parties and relationships are hereby modified in the same manner as if this clause was invoked by reference.)
    (a)    Reporting criteria.
        Reporting under this clause is required for--
        (1)    Offers exceeding $10 million, if the Offeror is aware at the time the offer is submitted that it or its first-tier subcontractor intends to perform any part of the contract that exceeds $500,000 outside the United States and Canada, if that part could be performed inside the United States or Canada;
        (2)    Contracts exceeding $10 million, when any part that exceeds $500,000 could be performed inside the United States or Canada, but will be performed outside the United States and Canada.  If the information was submitted with the offer, it need not be resubmitted unless it changes; and
        (3)    Contracts exceeding $500,000, when any part that exceeds $25,000 will be performed outside the United States, unless a foreign place of performance is --
            (i)    The principal place of performance; and
            (ii)    Indicated by the Offeror's entry in the Place of Performance provision of the solicitation.
    (b)    Submission of reports.
        (1)    The Offeror shall submit reports required by paragraph (a)(1) of this clause with its offer.
        (2)    The Contractor shall submit reports required by paragraph (a)(2) of this clause to the Contracting Officer as soon as the information is known, with a copy to the addressee in paragraph (b)(3) of this clause.  With respect to performance by a first-tier subcontractor, this information shall be reported, to the maximum extent practicable, at least 30 days before award of the subcontract.
        (3)    The Contractor shall submit reports required by paragraph (a)(3) of this clause within 10 days of the end of each Government quarter to--
        Deputy Director of Defense Procurement (Foreign Contracting)
        OUSD(A&T)DP(FC)
        Washington, DC 20301-3060
        (4)    The Offeror/Contractor shall submit reports on DD Form 2139, Report of Contract Performance Outside the Untied States.  Computer-generated reports are acceptable, provided the report contains all information required by DD Form 2139.  Copies of DD Form 2139 may be obtained from the Contracting Officer.
    (c)    Deleted.
    (d)    Information required.
        Information to be reported on the part of this contract performed outside the Untied States (or outside the United States and Canada for reports required by paragraphs (a)(1) and (a)(2) of this clause) includes that for--
        (i)    Subcontracts;
        (ii)    Purchases; and
        (iii)    Intercompany transfers when transfers originate in a foreign location.

121.    DFARS 252.225-7028, EXCLUSIONARY POLICIES AND     PRACTICES OF FOREIGN GOVERNMENTS (DEC 1991)
    (Applies if this purchase order is for the purchase of goods and/or services for international military education training and foreign military sales.)
    No person, partnership, corporation, or other entity performing functions pursuant to this contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based on race, religion, national origin, or sex.

122.    FAR 52.225-17, BUY AMERICAN ACT - SUPPLIES UNDER     EUROPEAN COMMUNITY AGREEMENT (MAY 1995)
    Incorporated into this order by reference.

123.    FAR 52-208-1, REQUIRED SOURCES FOR JEWEL BEARING AND     RELATED ITEMS (APR 1984) (MANDATORY)
    (Applies unless the subassembly, component, or part being purchased does not contain jewel bearings or related items.)
    Incorporated into this order by reference, as modified below:
    Communication required under this clause from Seller to Contracting Officer shall be through Buyer.  Buyer shall furnish the prime contract number upon request by Seller.

124.    DFARS 252.225-7001, BUY AMERICAN ACT AND BALANCE OF     PAYMENTS PROGRAM (JAN 1994)
    (Applicable if the Seller or its subcontractors intend to provide articles, materials, and supplies which are not mined, produced, or manufactured in the United States.)
    Incorporated by reference into this order.

125.    DFARS 252.225-7002, QUALIFYING COUNTRY SOURCES AS     SUBCONTRACTORS (DEC 1991) (EB-MODIFIED)
    Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Seller shall not preclude quantifying country sources and U.S. sources from competing for subcontracts under this contract.

126.    FAR 52.225-11, RESTRICTIONS ON CERTAIN FOREIGN     PURCHASES (MAY 1992) (EB-MODIFIED) (MANDATORY)
    (a)    Unless advance written approval of the Buyer's contracting Officer is obtained via Buyer, the Seller shall not acquire for use in the performance of this contract--
        (1)    Any supplies or services originating from sources within the communist areas of North Korea, Vietnam, Cambodia, or Cuba;
        (2)    Any supplies that are or were located in or transported from or through North Korea, Vietnam, Cambodia, or Cuba; or
        (3)    Arms, ammunition, or military vehicles produced in South  Africa, or manufacturing data for such articles.
    (b)    The Seller shall not acquire for use in the performance of this Purchase Order supplies or services originating from sources within Iraq, any supplies that are or were located in or transported from or through Iraq, or any supplies or services from entities controlled by the Government of Iraq.
    (c)    The Seller agrees to insert the provisions of this clause, including this paragraph (c), in all subcontracts hereunder.

127.    DFARS 252.225-7011, RESTRICTION ON ACQUISITION OF     SUPER-COMPUTERS (JUL 1995) (EB-MODIFIED TO REFLECT PARTIES.)     The subcontractor agrees that any supercomputers furnished under this purchase order have been manufactured in the United States.

128.    DFARS 252.225-7012, PREFERENCE FOR CERTAIN DOMESTIC     COMMODITIES (MAY 1994) (EB-MODIFIED)
    (Applies unless this Purchase Order does not require delivery of any of the below items.)     (a)    The Seller agrees to deliver under this Purchase Order only such of the following articles that have been grown, reprocessed, reused, or produced in the United States, its possessions, or Puerto Rico--
        (1)    Food;
        (2)    Clothing;
        (3)    Tents, tarpaulins, or covers;
        (4)    Cotton and other natural fiber
            products;
        (5)    Woven silk or woven silk blends;
        (6)    Spun silk yarn for cartridge cloth;
        (7)    Synthetic fabric, and coated
            synthetic fabric;
        (8)    Canvas products;
        (9)    Wool (whether in the form of fiber or
            yarn or contained in fabrics,
            materials, or manufactured
            articles); or
        (10)  Any item of individual equipment
            manufactured from or containing
            such fibers, yarns, fabrics, or
            materials.
    (b)    This clause does not apply--
        (1)    To supplies listed in FAR 25.108(d)(1), or other supplies for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices:
        (2)    To foods which have been manufactured or processed in the United States, its possessions, or Puerto Rico; or
        (3)    To chemical warfare protective clothing produced in the countries listed in subsection 225.872-1 of the Defense FAR Supplement.

129.    DFARS 252.225-7014, PREFERENCE FOR DOMESTIC SPECIALTY     METALS (DEC 1991) AND ALT I (DEC 1991) (EB-MODIFIED)
    (a)    Definition.
        "Specialty metals" means--
        (1) Steel --
            (i)  Where the maximum alloy content exceeds one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or
            (ii)  Which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium;
        (2)    Metal alloys consisting of nickel, iron-nickel, and cobalt base alloys containing a total of other alloying metals (except iron) in excess of ten percent;
        (3)    Titanium and titanium alloys; or
        (4)    Zirconium and zirconium base alloys.
    (b)    The Seller agrees that any specialty metals incorporated in articles delivered under this Purchase Order will be melted in the United States, its possessions, or Puerto Rico.
    (c)    This clause does not apply to the extent that---
        (1)    The Secretary or designee determines that a satisfactory quality and sufficient quantity of such articles cannot be acquired when needed at U.S. market prices;
        (2)    The acquisition is for an end product of a country listed in subsection 225.872-1 of the Defense FAR Supplement; or
        (3)    The acquisition is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources to offset sales made by the U.S. Government or U.S. firms under approved programs.

ALT I (DEC 1991)

(d) The Seller agrees to include this clause, including this paragraph (d), in every subcontract or purchase order unless the item being purchased contains no specialty metals.

130.    DFARS 252.225-7015, PREFERENCE FOR DOMESTIC HAND OR     MEASURING TOOLS (DEC 1991)
    (Applies if the Purchase Order requires hand or measuring tools to be delivered.)     The Contractor agrees to deliver under this contract only hand or measuring tools produced in the United States or its possessions.

131.    DFARS 252.225-7016, RESTRICTION ON ACQUISITION OF     ANTIFRICTION BEARINGS (APR 1993) (EB-MODIFIED) (MANDATORY)
    (This article applies if this Purchase Order is for items which contain antifriction bearings.)
    (a)    The Seller agrees that all antifriction bearings and antifriction bearing components delivered under this purchase order, either as end items or components of end items, shall be wholly manufactured in the United States or Canada.  Unless otherwise specified, raw materials, such as preformed bar, tube, or rod stock and lubricants, need not be mined or produced in the United States or Canada.
    (b)    The restriction in paragraph (a) does not apply to the extent that the end items or components containing antifriction bearings are commercial products.  Commercial product means a product, such as an item, material, component, subsystem, or system sold or traded to the general public in the course of normal business operations at prices based on established catalog or market prices.  The commercial product exception does not include items designed or developed under a Government contract or contracts where the end item is bearings and bearing components.
    (c)    The restriction in paragraph (a) may be waived upon request from the Seller in accordance with subsection 225.7019-3 of the Defense Federal Acquisition Regulation Supplement.
    (d)    The Seller agrees to retain records showing compliance with this restriction until three years after final payment and to make records available upon request of the Buyer's Contracting Officer.
    (e)    The Seller agrees to insert this clause, including this paragraph (e), in every subcontract and purchase order issued in performance of this contract, unless items acquired do not contain antifriction bearings.

132.    DFARS 252.225-7017, PREFERENCE FOR UNITED STATES AND     CANADIAN VALVES AND MACHINE TOOLS (APR 1995) (EB-MODIFIED)
    (Applies if this order requires valves or machine tools to be delivered or purchased indirectly on behalf of the Government.)
    (a)    For the purpose of this clause, a valve, machine tool, or machine tool accessory is considered to be of United States or Canadian origin if--
        (1)    It is manufactured in the United States or Canada; and
        (2)    The cost of its components manufactured in the United States or Canada exceeds 50 percent of the cost of all its components.  The cost of components includes transportation costs to the place of incorporation into the end item and duty (whether or not a duty-free entry certificate may be issued).
    (b)    Unless otherwise specified in its offer, the Seller agrees that valves used in piping for naval surface ships and submarines within Federal supply classifications 4810 (valves, powered) and 4820 (valves, non-powered), machine tools within the Federal supply classifications for metalworking machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448 and 3449, and machine tool accessories numbered 3460 and 3461 delivered as end items or purchased indirectly on behalf of the Government under this Purchase Order shall be of United States or Canadian origin.
    (c)    Unless an exception applies or a waiver is granted under 225.7004-4(a) of the Defense Federal Acquisition Regulation Supplement, preference will be given to valves and machine tools of United States or Canadian origin by adding 50 percent to the offered price of all other valves and machine tools for evaluation purposes.

133.    DFARS 252.209-7000, ACQUISITION FROM SUBCONTRACTORS     SUBJECT TO ON-SITE INSPECTION UNDER THE INTERMEDIATE     RANGE NUCLEAR FORCES (INF) TREATY (DEC 1991) (EB-MODIFIED)     (MANDATORY)
    (Applies if this Purchase Order is not for a commercial or commercial-type product and it exceeds the dollar limitation in FAR Section 13.000.  NOTE:  The threshold is $100,000 as of FAC 90-29 of July 3, 1995.)
    (a)    The Seller shall not deny consideration for a subcontract award under this contract to a potential subcontractor subject to on-site inspection under the INF Treaty, or a similar treaty, solely or in part because of the actual or potential presence of Russian (C.I.S.) inspectors at the subcontractor's facility, unless the decision is approved by the Buyer's Contracting Officer.
    (b)    The Seller shall incorporate this clause, including this paragraph (b), in all solicitations and contracts over the dollar limitation in Section 13.000 of the Federal Acquisition Regulation, except those for commercial or commercial-type products.

134.    DFARS 252.225-7019, RESTRICTION ON ACQUISITION OF     FOREIGN ANCHOR AND MOORING CHAIN (DEC 1991) (EB-MODIFIED)     (MANDATORY)
    (This Article applies unless the items acquired on this purchase order contain none of the restricted welded shipboard anchor and mooring chain.)
    (a)    Welded shipboard anchor and mooring chain, four inches in diameter and under, delivered under this purchase order--
        (1)    Shall be manufactured in the United States, including cutting, heat treating, quality control, testing, and welding (both forging and shot blasting process); and
        (2)     The cost of the components manufactured in the United States shall exceed 50 percent of the total cost of components.
    (b)    The Seller may request a waiver of this restriction if adequate domestic supplies meeting the above requirements are not available to meet the contract delivery schedule.
    (c)    The Seller shall include this clause, including this paragraph (c), in all subcontracts, unless the items acquired contain none of the restricted welded shipboard anchor and mooring chain.

135.    DFARS 252.225-7022, RESTRICTION ON ACQUISITION OF     POLYACRYLONITRILE (PAN) BASED CARBON FIBER (DEC 1991)
     (EB-MODIFIED)
    (a)    This clause applies only if the end product furnished under this contract contains polyacrylonitrile carbon fibers (alternatively referred to a PAN-based fibers or PAN-based graphite fibers).
    (b)    PAN carbon fibers contained in the end product shall be manufactured in the United States or Canada using PAN precursor produced in the United States or Canada.
    (c)    The Buyer's Contracting Officer may waive the requirement in paragraph (b) in whole or in part.  The Seller may request a waiver from the Buyer's Contracting Officer via Buyer by identifying the circumstances and including a plan to qualify domestic or Canadian sources expeditiously.

136.    DFARS 252.225-7023, RESTRICTION ON ACQUISITION OF     CARBONYL IRON POWDERS (APR 1992) (EB-MODIFIED)     (a)    Definition.
        "Carbonyl iron powders" are particles produced from the thermal decomposition of iron penta carbonyl.
    (b)    Restriction.
        The Seller agrees that all carbonyl iron powders contained in supplies provided under this contract shall be manufactured in a facility located in the United States or Canada.

137.    DFARS 252.225-7024, RESTRICTION ON ACQUISITION OF NIGHT     VISION IMAGE INTENSIFIER TUBES AND DEVICES (DEC 1991)     (Applies unless this order contains none of the
    restricted items.)
    All second and third generation night vision image intensifier tubes and devices provided under this contract shall be manufactured in the United States or Canada.

138.    DFARS 252.225-7025, FOREIGN SOURCE RESTRICTIONS
    (APR 1993) (EB-MODIFIED TO REFLECT PARTIES)
    (MANDATORY)
    (Applies unless this order contains none of the restricted items.)
    (a)    Definitions.
        (1)    "Domestic manufacture" means--
            (i)  For forging items, manufactured in the United States or Canada if the Canadian firm--
                (A)  normally produces similar items or is currently producing the item in support of DoD contracts (as prime or subcontractor); and
                (B)  Agrees to become (upon receiving a contract/order) a planned producer under DoD's Industrial Preparedness Program (IPP), if it is not already a planned producer for the item.
            (ii)  For high carbon ferrochrome (HCF), manufactured in the United States regardless of source of the chrome ore.
            (iii)  For high-purity silicon, manufactured in the United States or Canada.  When an item or subassembly containing high-purity silicon is involved, all such high-purity silicon incorporated in the item or subassembly must also have been manufactured in the United States or Canada.
            (iv)  For miniature and instrument ball bearings, manufactured in the United States or Canada and, when a ball bearing assembly is involved, all components of the bearing must also have been manufactured in the United States or Canada; and
            (v)  For precision components for mechanical time devices, manufacture in the United States or Canada, and, when a mechanical timing assembly is involved, all precision components of the assembly must also have been manufactured in the United States or Canada.
    (2)    "Forging items" means--  

ITEMS                CATEGORIES

Shipboard forged    All
 anchor chain

Ship propulsion     Excludes service shafts 
and landing craft 
shafts

Periscope tubes     All

Ring forgings for   All 
greater than 120 
bull gears inches 
in diameter

Large caliber,      Preform, gun tube,
thick walled        muzzle brake and
cannon (105mm       breach ring     
through forgings 
8-inch forgings)

60mm and 81mm       Bipod,base plate, and
mortar forgings     body yoke forgings

Small caliber       Barrel extensions,
weapons forgings    bolts, receivers, 
                    sights/handles, etc.

Tank and automotive Turret rings, road 
forgings            arms,final drive gears, shafts, 
                    track shoes, axle shafts,
                    flywheels, connecting 
                    rods, crankshafts,
                    roadwheels, spindles,
                    torsion bars