6 Deemed Export Acknowledgment and Disclosure.doc

Centers for Disease Control and Prevention (CDC) Offeror Export Controls-Related Acknowledgement and Disclosure High Containment Continuity Lab (HCCL) Building 28 (B-28)

1. Acknowledgement Regarding Deemed Export Licensing Requirements

The subject solicitation, and associated technical documents and specifications, involve information that may be subject to “deemed” export licensing requirements administered by the Bureau of Industry and Security (BIS), U.S. Department of Commerce . (BIS), regulates the “release” of certain technology or source code to certain foreign persons (nationals) located in the United States under the Export Administration Regulations (EAR), 15 CFR Parts 730-774. See https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear. See also Section 772.1 of the EAR (definition of “foreign person”). Under the EAR, the release or transfer (including through visual inspection or oral communication) to a foreign person of technology or source code subject to the EAR is “deemed” to be an export to the foreign person’s most recent country of citizenship or permanent residence, and an export license from BIS may be required for such release (the “deemed export rule”). See Section 734.13(b) of the EAR.

BIS has prepared guidance for parties to use in submitting license applications for foreign persons pursuant to the deemed export rule. https://www.bis.doc.gov/index.php/policy-guidance/deemed-exports/deemed-exports-faqs https://www.bis.doc.gov/index.php/documents/regulations-docs/2383-supplement-no-1-to-part-738/file BIS also has a formal process for requesting an opinion from BIS about one’s licensing obligations under the EAR, including with respect to releases made to foreign persons. See Sections 734.6 and 748.3 of the EAR.

Once CDC conveys project documents and information to the Offeror, the Offeror is responsible for fulfilling its requirements under the EAR. Failure to do so may constitute a violation of the EAR. The Offeror is responsible for ensuring continued compliance with EAR restrictions and requirements, including when sharing information that may be subject to the EAR with other parties such as subcontractors (or prospective subcontractors).

In order to properly safeguard technology or other information subject to the EAR, the Offeror agrees to ensure that prior to being granted access to government information or the commencement of work for the CDC, whichever is applicable, offeror will put its individual staff/employees/contractors on notice of the EAR’s deemed export rule and any other applicable EAR provisions.

2. Disclosure of Offeror’s Staff Members (Employees and Contractors) Who Are Foreign Persons Before the Government may share certain information with the Offeror, the Offeror must identify all of its staff (employees/contractors) who are foreign persons who will have access to the technical documents, their role within the company, and the specific type of information (including details as to the classification of technology or source code) each foreign person will have access to with regard to the subject solicitation.

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The Offeror acknowledges that federal regulations, including Section 734.13(b) of the EAR, restrict sharing certain technology and source code with certain foreign persons . The Offeror acknowledges that it has read and fully understands that EAR restrictions may apply and that it may be subject to prosecution in connection with any violations of the EAR. The Offeror understand the CDC will rely upon the Offeror’s disclosure of staff (employees/contractors) who are foreign persons to ensure CDC’s compliance with the deemed export rule and all applicable provisions of the EAR. By signing below, the Offeror certifies that this disclosure is complete, truthful, and accurate.

Name of Offeror: ___________________________________

Signature of Authorized Representative of Offeror:________________________________________________

Date:________________