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117.
NAVSEA 5252.227-9100, PROTECTION OF NAVAL NUCLEAR
PROPULSION INFORMATION (JAN
86) (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 via Buyer.
(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 Buyer's 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) via Buyer.
118.
NAVSEA 5252.227-9101, TRANSMISSION ABROAD OF EQUIPMENT
OR TECHNICAL DATA RELATING TO THE NUCLEAR PROPULSION
OF NAVAL SHIPS (NOV 1996) (MODIFIED)
(a) Equipment and technical data defined as Naval Nuclear
Propulsion Information (NNPI) under NAVSEAINST 5511.32B shall not be disclosed
to foreign nationals.
(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 Contract,
transmit, or authorize the transmittal of 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 purchase order.
(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 U.S. Government, or their designated representatives, have declared
in writing to the Contractor to be thereafter exempt from this requirement.
118.A.
MARKING OF DOCUMENTS CONTAINING NAVAL NUCLEAR PROPULSION
INFORMATION (NNPI)
All documents containing NNPI are subject to special marking, handling
and disclosure requirements contained in this order and NAVSEAINST C5511.32B.
Documents containing UNCLASSIFIED NAVAL NUCLEAR PROPULSION INFORMATION
shall be marked in accordance with NAVSEAINST C5511.32B and with the following
NOFORN Warning Notice:
NOFORN: This document is subject to special export controls and
each transmittal to foreign governments or foreign nationals may be made
only with prior approval of the NAVAL SEA SYSTEMS COMMAND.
Classified NNPI documents have additional special handling and marking
requirements. Refer to NAVSEAINST C5511.32B.
119.
EXPORT CONTROL OF TECHNICAL DATA
(a) 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), Part 120 ET AL.
(b) Seller is solely and expressly responsible to insure
that any dissemination of such "technical data" is accomplished in accordance
with 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 civil as well as criminal penalties.
(c) 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.
(d) Refer also to the requirements of clause 118 (NAVSEA
5252.227-9101, Transmission Abroad of Equipment of Naval Ships) paragraph
(b) which addresses approval requirements for other than NNPI.
120.
DFARS 252.225-7026, REPORTING OF CONTRACT PERFORMANCE
OUTSIDE THE UNITED STATES (NOV 1995)
(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, 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.)
Incorporated into this order by reference.
121.
DFARS 252.225-7028, EXCLUSIONARY POLICIES AND PRACTICES
OF FOREIGN GOVERNMENTS (DEC 1991)
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.
RESERVED
123.
RESERVED
124.
RESERVED
125.
RESERVED
126.
FAR 52.225-11, RESTRICTIONS ON CERTAIN FOREIGN
PURCHASES (AUG 1998)
(a) Unless advance written approval of the Contracting
Officer is obtained, the Contractor shall not acquire, for use in the performance
of this contract, any supplies or services originating from sources within,
or that were located in or transported from or through, countries whose
products are banned from importation into the United States by executive
order or regulations of the Office of Foreign Assets Control, Department
of the Treasury. Those countries include Cuba, Iran, Iraq, Libya,
North Korea and Sudan.
(b) The Contractor shall not acquire for use in the performance
of this contract any supplies or services from entities controlled by the
Government of Iraq.
(c) The Contractor agrees to insert the provisions of
this clause, including this paragraph (c), in all subcontracts hereunder.
127.
RESERVED
128.
DFARS 252.225-7012, PREFERENCE FOR CERTAIN DOMESTIC
COMMODITIES (FEB 1997)
(Applicable unless this order does not require the delivery of any
of the items cited in the clause.)
Incorporated into this order by reference.
129.
DFARS 252.225-7014, PREFERENCE FOR DOMESTIC SPECIALTY
METALS (MAR 1998) AND ALTERNATE I (MAR 1998)
(This clause is applicable unless the item(s) being procured contain no
specialty metals.)
Incorporated into this order by reference.
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 BALL AND ROLLER BEARINGS
(SEP 1996)
Incorporated into this order by reference.
132.
RESERVED
133.
DFARS 252.209-7000, ACQUISITION FROM SUBCONTRACTORS
SUBJECT TO ON-SITE INSPECTION UNDER THE INTERMEDIATE
RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)) (MODIFIED)
(Applies if this Purchase Order is not for a commercial item and it exceeds
the simplified acquisition threshold 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 exceeding the simplified
acquisition threshold in Part 13 of the Federal Acquisition Regulations,
except those for commercial items.
134.
DFARS 252.225-7019, RESTRICTION ON ACQUISITION OF
FOREIGN ANCHOR AND MOORING CHAIN (DEC 1991)
(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 contract--
(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 Contractor 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 Contractor 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)
Incorporated into this order by reference.
136.
RESERVED
137.
RESERVED
138.
DFARS 252.225-7025, RESTRICTION ON ACQUISITION OF
FORGINGS (JUNE 1997)
(This clause applies if the products purchased on this order contain
restricted forging items.)
Incorporated into this order by reference.
139.
DFARS 252.225-7029, PREFERENCE FOR UNITED STATES OR
CANADIAN AIR CIRCUIT BREAKERS (APR 1995)
Incorporated into this order by reference.
140.
DFARS 252.225-7034, RESTRICTION ON ACQUISITION OF COAL
PETROLEUM PITCH CARBON FIBER (MAY 1994)
Incorporated into this order by reference.
141.
RESERVED
142.
RESERVED
143.
FAR 52.225-10, DUTY-FREE ENTRY (APR 1984) (MODIFIED)
(This clause applies if foreign supplies in excess of $10,000 may be imported
into the customs territory of the United States.)
Incorporated into this order by reference except that in the last sentence
of paragraph (h) "the contract" means the Government prime contract under
which this order is issued.
144.
(DFARS 252.225-7009, DUTY FREE ENTRY QUALIFYING
COUNTRY END PRODUCTS AND SUPPLIES (JAN 1997)
(Applies if this Purchase Order requires the furnishing of supplies.)
Incorporated into this order by reference.
145.
DFARS 252.225-7010, DUTY FREE ENTRY ADDITIONAL
PROVISIONS (JAN (1997)
(Applies if this Purchase Order requires the furnishing of supplies.)
Incorporated into this order by reference.
146.
RESERVED
147.
DFARS 252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) (MODIFIED)
(Applies if this Purchase Order exceeds the small purchase limitation of
section 13.000 of the Federal Acquisition Regulation. NOTE:
The threshold is $100,000 as of FAC 90-29 of July 3, 1995.) This
clause does not apply to a subcontractor who is a supplier, materialman,
distributor, or vendor of commercial items or commercial components.
1. Incorporated into this order by reference except as
modified as follows:
"Contractor" shall mean "prime contractor" in paragraph (a)(1); "subcontractor(s)"
shall retain its original meaning in paragraph (a); "contract' shall mean
"prime contract" in paragraph (a)(i); "Contracting Officer" shall retain
its original meaning in paragraphs (b), (c) (d), and (e); and "for the
purposes of the clause of the contract entitled "Prompt Payment" shall
be deleted in paragraph (f).
2. Seller shall comply with the mandatory flowdown requirements
of paragraph (g).
148.
RESERVED
149.
RESERVED
150.
FAR 52.247-63, PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997)
(Applies if this order may involve international air transportation.)
Incorporated into this order by reference.
NOTE:
Mandatory flowdown requirement exists.

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