252.225-7048 — Export-Controlled Items
Researched by the BidStride Research Team
What This Clause Requires
Requires contractors to comply with all applicable export control laws and regulations including EAR (15 CFR 730-774) and ITAR (22 CFR 120-130).
Official Regulation Text
See 48 CFR 252.225-7048 for the full regulatory text. This clause requires contractors to identify and comply with all applicable export control requirements for items, technology, and services provided under the contract, including EAR and ITAR regulations.
Compliance Checklist
- Identify all export-controlled items, data, and technology in the contract
- Obtain required export licenses before transfer to foreign persons
- Establish Technology Control Plans (TCP) for ITAR-controlled work
- Screen all employees and subcontractors for export eligibility
Flow-Down to Subcontractors
Flow-down required
This clause must be included in subcontracts with all subcontractors at all tiers where the subcontractor will perform work covered by this clause. Typically appears in contract Sections H, I.
Frequently Asked Questions
EAR (Export Administration Regulations, administered by Commerce BIS) covers dual-use items — commercial goods with potential military applications. ITAR (International Traffic in Arms Regulations, administered by State DDTC) covers defense articles and services on the U.S. Munitions List. ITAR is generally stricter.
A TCP documents how you will prevent unauthorized access to ITAR-controlled technical data or hardware. It is required when foreign nationals (including foreign employees or visitors) may have access to ITAR-controlled work. DCSA may review your TCP.
Review the U.S. Munitions List (22 CFR Part 121). If your technology, article, or service falls under any USML category (e.g., firearms, missiles, military electronics, software for defense applications), it is ITAR-controlled. When in doubt, request a commodity jurisdiction (CJ) determination from State.
Only with a valid export license (typically a DSP-5 or Technical Assistance Agreement) or under a license exemption such as the U.S. person exemption. Without proper authorization, allowing a foreign national access to ITAR-controlled technical data is an export violation.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.