AZ22

Thanks for the response, As far as I understand JCP registration “certificate” requires you also to be registered within SAM and DLA having a cage code. I this case I just wanted to get a second opinion on how to handle subs to make sure they follow the rules since we do not want to be held liable for someone else’s negligence.

Thanks for the reply..... To answer your question, this was not something the Government made us focus on, we just want to make sure that we cover ourselves. I have read lots of articles where contractors were sued civil and criminal for transporting technical data. We work as a prime contractor but we do not have the equipment to make a certain part that is needed by DLA. We have a relationship with another company (100% American owned small business) and would like to sub-contract the work out to but they have no desire to register with SAM and/or DLA. Also CNC means Computer Numerical Control and JCP- Joint Certification Program. Lastly, I have never heard the term “Prime Agent” is that the equivalent of Subcontractor? I hope this has given you a bit of clarity.

Hello we are currently working with a CNC company based in Virginia that is fully American owned and operated small business but does want to go through any JCP certification process where I need them to make certain components for a contract that our company would like to bid on. The subcontractor has stated that they will attest to by agreement/contract that they are 1) American owned and operated fully 2) have a certified legitimate business purpose and 3) A lawful resident of the United States or any other attestation that may be needed to prove this as a fact. [Emphasis Added] I would like to know if we should find a firm/attorney of sorts that can create a contract or form that can cover us if we disclose drawings that we receive form DLA so they could make our parts as requested? Also see below for more information... Department of Defense DIRECTIVE NUMBER 5230.25 5.8. Qualified U.S. contractors who receive technical data governed by this Directive may disseminate such data for purposes consistent with their certification without the prior permission of the controlling DoD office or when such dissemination is: 5.8.1. To any foreign recipient for which the data are approved, authorized, or licensed under E.O. 12470 (reference (b)), or the Arms Export Control Act (reference (c)). 5.8.2. To another currently qualified U.S. contractor (as defined in paragraph 3.2., above, including existing or potential subcontractors, but only within the scope of the certified legitimate business purpose of such recipient). 3.2. Qualified U.S. Contractor. 1 A private individual or enterprise (hereinafter described as a "U.S. contractor") that, in accordance with procedures established by the Under Secretary of Defense for Research and Engineering, certifies, as a condition of obtaining export-controlled technical data subject to this Directive from the Department of Defense, that: 3.2.1. The individual who will act as recipient of the export-controlled technical data on behalf of the U.S. contractor is a U.S. citizen or a person admitted lawfully into the United States for permanent residence and is located in the United States.