EB/NNS-NSSN, REV. 1/99 - page four
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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 protectedAccess 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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