Common use of CONTRACTING PROVISIONS Clause in Contracts

CONTRACTING PROVISIONS. 6.1. The U.S. DoD will be primarily responsible for Contracting for this Project in accordance with U.S. Contracting laws, regulations, and procedures. However, the CTD may request that a Participant other than the U.S. DoD enter into Contracts for the Project in accordance with that Participant’s national Contracting laws, regulations, and procedures. The Contracting Officer for each Contract is the exclusive source for providing contractual direction and instructions to Contractors. The Contracting Officer will, when it facilitates satisfying the objectives of this F-35 IOT&E MOU, seek waivers of national procurement regulations, procedures, and practices. 6.2. The CTD will be responsible for the coordination of F-35 IOT&E Activities, and will cooperate with the Contracting Officer in the areas of Contract procedures, Contract negotiation, evaluation of offers, and Contract award. The CTD will review statements of work prior to the development of solicitations to ensure that they are in accordance with this F- 35 IOT&E MOU. In addition, the Contracting Officer will keep the CTD advised of all financial arrangements with the prime Contractor. 6.3. Contracting Officers will negotiate to obtain the rights to use and disclose Project Information required by Section VIII (Disclosure and Use of Project Information). During the Contracting process, the Contracting Officer will advise Prospective Contractors of their responsibility to notify the Contracting Agency immediately, before Contract award, if they are subject to any license or agreement that will restrict their freedom to disclose Information or permit its use. The Contracting Officer will also advise Prospective Contractors to employ their best efforts not to enter into any new agreement or arrangement that will result in restrictions. 6.4. In the event the Contracting Officer is unable to secure adequate rights to use and disclose Project Information as required by Section VIII (Disclosure and Use of Project Information), or is notified by Contractors or Prospective Contractors of any restrictions on the disclosure and use of Information, the matter will be referred to the F-35 IOT&E EC for resolution. 6.5. Each Participant’s Contracting Agency will insert into Prospective Contracts (and require its Contractors to insert in subcontracts) provisions to satisfy the requirements of this F- 35 IOT&E MOU, including Section VIII (Disclosure and Use of Project Information), Section IX (Controlled Unclassified Information), Section XI (Security), and Section XII (Third Party Sales and Transfers), and Section XVII (Amendment, Withdrawal, Termination, Entry Into Effect, and Duration), and including the export control provisions in accordance with this F-35 IOT&E MOU, in particular paragraphs 6.7. and 6.8. of this Section. 6.6. Each Participant will legally bind its Contractors to a requirement that the Contractor will not retransfer or otherwise use export-controlled Information furnished by another Participant for any purpose other than the F-35 Purposes authorized under this F-35 IOT&E MOU. The Contractor also will be legally bound not to retransfer the export-controlled Information to another Contractor or subcontractor unless that Contractor or subcontractor has been legally bound to limit use of the Information to the F-35 Purposes authorized under this F- 35 IOT&E MOU. Export-controlled Information furnished by one Participant under this F-35 IOT&E MOU may only be retransferred by another Participant to its Contractors if the legal arrangements required by this paragraph have been established. 6.7. Each Participant will legally bind its Prospective Contractors to a requirement that the Prospective Contractor will not retransfer or otherwise use export-controlled Information furnished by another Participant for any purpose other than responding to a solicitation issued in furtherance of the F-35 Purposes authorized under this F-35 IOT&E MOU. Prospective Contractors will not be authorized use for any other purpose if they are not awarded a Contract. The Prospective Contractors will also be legally bound not to retransfer the export-controlled Information to a prospective subcontractor unless that prospective subcontractor has been legally bound to limit use of the export-controlled Information for the purpose of responding to the solicitation. Export-controlled Information furnished by one Participant under this F-35 IOT&E MOU may only be retransferred by another Participant to its Prospective Contractors if the legal arrangements required by this paragraph have been established. Upon request by the furnishing Participant, the receiving Participant will identity its Prospective Contractors and prospective subcontractors receiving such export-controlled Information. 6.8. The Contracting Officer will immediately advise the CTD of any cost growth, schedule change, or performance problems of any Contractor for which the Contracting Officer is responsible. 6.9. Upon mutual consent, consistent with Section II (Objectives) of this F-35 IOT&E MOU, a Participant may contract for the unique national requirements of another Participant.