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Joint Certification Program (JCP) and Military Critical Technology List (MCTL)


Don Mansfield

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I'm posting this question for "SPAWARrior":

Has anyone ever heard of the Military Critical Technology List (MCTL)? Does your Command routinely check the list to see if your requirement applies? Do you ever check the Joint Certification Program (JCP) website to see if a contractor has obtained the proper certification to receive military critical data or export-controlled data?

I'm doing some research for my Command about this process. My Contracting Officer, (from the Air Force), says that her shop used to check these two places for every procurement.

I've been reviewing countless DODI and DODD documents but none of it points directly to the JCP. It does mention a DD2345, which from what I can gather is processed by the Joint Certification Office (JCO). I've contacted other AF Commands and found that they also check this site for every procurement. Nobody at my Command except my Contracting Officer is aware of this requirement (if it is a requirement).

Can anyone show me exactly where it says I must (or should) check the MCTL and JCP?

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In discussing export control, DFARS PGI 204.7302(5) references DoD Directive 5230.27, which in turn prescribes DD Form 2345, which is used by the Joint Certification Program. You might want to start with para 5.4 of the Directive.

Thank you for the post and response.

My attorney here advised me that DODI 5230.27 only discusses procedures for when the Government is disclosing export-controlled technical data to the contractor, not when the contractor is generating the techincal data under a contract. Also, it should be noted that the prospective awardee is not a foreign contractor, but is rather a U.S. contractor with a foreign national employee. And according to my Foreign Disclosure Office, it's not a "foreign disclosure" issue unless we're provding the data to a foreign government or foreign contractor; they've said they don't want to be involved and that the JCP isn't necessary from their point of view.

I see what you're saying about the JCP using the DD2345, but what I'm looking for, (and what seems so difficult to find), is some DOD policy or guidance that points directly to the MCTL or JCP. For example, if I was Super 1102 and I reviewed every line of the FAR, DFAR, PGI, and DODD/DODI, how would I know the JCP existed and how would I know I needed to check it?

Anyone from the Air Force want to chime in?

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I see what you're saying about the JCP using the DD2345, but what I'm looking for, (and what seems so difficult to find), is some DOD policy or guidance that points directly to the MCTL or JCP. For example, if I was Super 1102 and I reviewed every line of the FAR, DFAR, PGI, and DODD/DODI, how would I know the JCP existed and how would I know I needed to check it?

The contracting function is not the office of primary responsibility (OPR) for export control, but obviously a CO needs at least some familiarity with the topic. For instance, if a customer came to a CO and identified the requirement as involving export control, a CO should know to limit competition to "qualified contractors" (as defined in the reg), or at least to engage the assistance of their Foreign Disclosure Officer. There seems to be a question underlying your question, but, since I don't know what it is, I'll avoid the temptation to guess. In answering your immediate question, though, the following DoD pubs reference the MCTL:

DoD 5010.12-M, May 14, 1993, Procedures for the Acquisition and Management of Technical Data (recommend starting here)

DoD Instruction 3020.46, October 24, 2008, The Militarily Critical Technologies List (MCTL)

DoD Instruction 2040.02, July 10, 2008, International Transfers of Technology, Articles, and Services (listed in DFARS)

DoD Directive 5105.72, July 28, 2005, Defense Technology Security Administration (DTSA) (listed in DFARS)

DoD 5220.22-R, December 4, 1985, Industrial Security Regulation

DoD Directive 5230.25, November 6, 1984; Incorporating Change 1 - August 18, 1995, Withholding of Unclassified Technical Data From Public Disclosure (listed in DFARS)

These are search results from http://www.dtic.mil/whs/directives, the site listed in DFARS PGI 204.73. If I knew nothing about export control, I'd probably take a look at the online training course on export control fundamentals, CLM036, also listed in the PGI. (I'm not endorsing it, but it is a place to start.)

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I see what you're saying about the JCP using the DD2345, but what I'm looking for, (and what seems so difficult to find), is some DOD policy or guidance that points directly to the MCTL or JCP. For example, if I was Super 1102 and I reviewed every line of the FAR, DFAR, PGI, and DODD/DODI, how would I know the JCP existed and how would I know I needed to check it?

I agree with what Jacques. It seems you're looking for something that specifically tells you what to do. Often that doesn't exist. You gain that knowledge over time and working in a variety of situations.

Plus your attorney and Foreign Disclosure Officer seem to provide the right advice. Since the contractor doesn't need access to export-controlled data but actually might be generating sensitive data, the JCP isn't an issue, at lreast at this point.

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Thank you all for the responses.

My shop here is interested in my research thus far, and wants to create/implement some standard process for addressing the foreign disclosure issue.

For the time being, I'll do some more digging to see if I can't find my direct reference to the JCP. (Am I crazy to think that one should exist?). I'm still interested in where Air Force gets their instruction to check the JCP. This might help guide me (and my shop) to some conclusion on the matter.

I will also take the recommended training; thank you for the suggestion.

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  • 2 weeks later...
Thank you all for the responses.

My shop here is interested in my research thus far, and wants to create/implement some standard process for addressing the foreign disclosure issue.

For the time being, I'll do some more digging to see if I can't find my direct reference to the JCP. (Am I crazy to think that one should exist?). I'm still interested in where Air Force gets their instruction to check the JCP. This might help guide me (and my shop) to some conclusion on the matter.

I will also take the recommended training; thank you for the suggestion.

In our contracts we determine the contractor to be responsible IAW FAR 9.104, if they are not on the EPLS, have CCR, and they are active on the Defense Logistics Information Service Joint Certification Database (JCP).

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