NOAA Acquisition Manual

Main Table of Contents

Subchapter F- Special Categories of Contracting


Part 1330-35 Research and Development Contracting

Subpart 1330-35.70 Export-Controlled Items

1330-35.7000 Scope

1330-35.7001 Definition

1330-35.7002 Policy

1330-35.7003 Procedures

1330-35.7004 Solicitation and Contract Language 



Part 1330-35 Research and Development Contracting

Subpart 1330-35.70 Export-Controlled Items

1330-35.7000 Scope

This subpart implements DOC Bureau of Industry and Security Export Administration Regulations (EAR) to control “deemed exports”.

1330-35.7001 Definition

The EAR define a “deemed export” as any release of technology or source code subject to the EAR to a foreign national, both in the United States and abroad. Such release is “deemed” to be an export to the home country of the foreign national.

1330-35.7002 Policy

(a) Each Corporate and LO is responsible for adequate controls of physical, verbal, visual, and electronic access to export-controlled information, software, source code, and technology within NOAA facilities.


(b) Contractors are charged with compliance with EAR requirements during contract performance at non-NOAA facilities.

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1330-35.7003 Procedures

(a) Prior to issuance of a solicitation for research and development, the Corporate or LO shall notify the contracting officer in writing when export-controlled information or technology will be involved and identify whether:
 

  1. The work contains specific information or technology that must be controlled, including the applicable references to the EAR and/or International Traffic in Arms Regulations (ITAR), or
  2. The work is fundamental research only, and export-controlled information or technology will not be involved.

(b) Existing contracts shall be modified to include this contract language as appropriate.

1330-35.7004 Solicitation  and Contract Language 

Insert the solicitation and contract language located at 1330-52.235-70, Compliance with U.S. Department of Commerce and Other Export Control Regulations (May 2006), in NOAA solicitations and contracts for research and development when export-controlled information or technology will be involved or where the contractor may gain access to export-controlled information or technology during the performance of this contract.

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