DD Form 2345: Instructions for Filling the Technical Data Agreement, Lecture notes of Logistics

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Specific Instructions for filling out form DD FORM 2345 MILITARILY CRITICAL TECHNICAL DATA AGREEMENT TABLE OF CONTENTS • BLOCK 1 – Type of Submission • BLOCK 2 – Entity or Individual Data • BLOCK 3 – Data Custodian Information • BLOCK 4 – Description of Relevant Business Activity – U.S. • BLOCK 4 – Description of Relevant Business Activity - Canadian • BLOCK 5 – Citizenship/Residency Status/Contractor Acknowledgement • BLOCK 6 – Contractor Certification • BLOCK 7/8/9 – JCP Use Only • DoD Training Requirement/ Supporting Documentation • DDTC/Export License Documentation • Submitting the DD Form 2345 DD FORM 2345 MILITARILY CRITICAL TECHNICAL DATA AGREEMENT Purpose of Agreement and Specific Instructions Certification is required per DoDD 5230.25 if you need to handle/access DoD/DND unclassified export controlled technical information for the following purposes: 1. DoD solicitations that involve access to export-controlled technical information 2. Conference/meeting attendance where export-controlled information will be shared 3. U.S. Export-controlled technical information exchange between vendors 4. Obtain Request for Proposal (RFP) details involving export-controlled information 5. DoD Research/Development projects involving export-controlled information 6. To participate in a Directly Arranged Visit (DAV) (Canada to U.S. or U.S. to Canada) Requirements Prior to Submitting a JCP Application 1. You must have a DUNS number SAM Webform : Home (dnb.com) 2. You must be registered in SAM https://sam.gov/content/home 3. You must have an active Cage Code and all information current https://cage.dla.mil/ 4. You must be a Canadian or U.S. owned company 5. The Data Custodian must be a Canadian or U.S. citizen 6. You must complete Proper Handling of Export Controlled Technical Data training https://www.dla.mil/HQ/LogisticsOperations/EnhancedValidation/ 7. You must complete NIST assessment in SPRS Supplier Performance Risk System (disa.mil) BLOCK 1 - TYPE OF SUBMISSION (CHECK ONLY ONE BOX) BE ADVISED: Blocks 1 through 3 and 5 through 9 are the same for U.S. and Canadian vendors, except as noted. Block 4 is different for U.S. and Canadian Vendors as indicated in the instructions herein. • INITIAL SUBMISSION: • Check if this is the first-time request for certification under the JCP. • REVISION: • Check if you are revising any information on an active application, to show revised information, such as: - Name of the Entity (Block 2a) - Address (Block 2b) - CAGE/NCAGE Code (Block 2d) - Data Custodian (Block 3a) - Phone (Block 3b) - Data Custodian Email (Block 3d) - Relevant Business Activity (Block 4) - Contractor Certification (Blocks 6a-6d) NOTE: When there are any changes to your entity's status or data during the certification period, you must notify the JCP Office, by submitting a REVISION to your DD Form 2345, along with supporting documentation. BE ADVISED: Any time there is a change of the data custodian (Block 3a), then the "Introduction to Proper Handling of DoD Export-Controlled Technical Data", training must be completed by the new data custodian. BLOCK 4 – U.S. DESCRIPTION OF RELEVANT BUSINESS ACTIVITY (CANADA TO FOLLOW) You must provide a CONCISE response to the items listed below. This will assist the U.S. or Canadian Government agency controlling the information in determining whether the DOD unclassified export controlled technical information you request is relevant to your stated business activity. Include the following information in your resubmission: (NOTE: Failure to provide this information may result in your JCP application being delayed or denied.) Specifically address the following areas: 1. Indicate if you are a Prime Contractor or a Sub-Contractor (If applicable) • Example: We are a Prime Contractor 2. If a Sub, we will need the Prime’s CAGE Code who holds a JCP certification • Example: We are a Sub-Contractor to XXXXXXXXXXXXXX (CAGE#####) • Example: We are either a Prime Contractor or Sub Contractor. 3. Describe what you do: (i.e.: I am a manufacturer, distributor, data broker, consultant, other) • Example: We are a manufacturer, we are a distributor, I am a data broker, I am a consultant, we are a University, (If other – please specify). The DD2345 answer must match with what is in SAM. 4. Describe what type(s) of equipment/material/service do you manufacture/provide: Include commodity, NAICS (North American Industry Classification System) or associated FSC (Federal Supply Class) if known. • Examples: • We manufacture widgets related to NAICS ####### (XXXXXXXXXX) • We provide widgets related to NAICS ####### (XXXXXXXXXXX) • We provide widget services related to NAICS ####### (XXXXXXXX) • We are a public research university, that is DOD funded (Grant #) to conduct research on widgets. NOTE: You do not need to list ALL NAICS’s or FSC’s. 5. If you are a Non-manufacturer, please provide the CAGE and company name(s) of the manufacturer(s) that produces your product. 6. Is your equipment/material/service related to the United States Munitions List (USML) or Commerce Control List (CCL)? If yes, state what category. See United States Munitions List (USML) for list of categories https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=70e390c181ea17f847fa696c47e3140a&mc=true&r=PART&n=pt22.1.121 See Commercial Control List (CCL) for list of categories https://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl • Examples: • Yes, our (equipment/material/service) is related to USML – Category (##) • Yes, our (equipment/material/service) is related to CCL – Category (##) • No, our (equipment/material/service) is not related to USML • No, our (equipment/material/service) is not related to CCL Back to Table of Contents • No, our (equipment/material/service) is not related to USML or CCL 7. Are you registered with DDTC? If you provide or handle USML items you are required to register with Directorate of Defense Trade Controls (DDTC) per the ITAR. If yes, state so and provide documentation in your submission. (Check link above for applicability) If No, explain why not. • Example: Yes, we have attached a copy of our DDTC registration letter. • Example: No, we are not registered with Directorate of Defense Trade Controls. Contact Department of State information regarding International Traffic in Arms Regulations (ITAR): URL: https://www.pmddtc.state.gov/ 8. Do you possess an Export Control License? If yes, please state so and provide documentation in your resubmission. If No, state why not • Example: Yes, we have attached a copy of our current Export Control License • Example: No, we do not have an Export Control License as we do not export our product to foreign entities 9. State your purpose for a JCP certification for Export Control access: (Bid on DOD solicitations, exchange of data, conference attendance, research and development, other?) • Examples: • We wish to Bid on DOD Solicitations with export controlled technical information packages. • We need to exchange export controlled technical information with a XYZ Corp who is a JCP certified entity, • We wish to attend conferences/workshops/symposiums where export controlled technical information is shared, • We are required to perform DOD research and development on the XYZ project, grant #000000 (if other – please specify) • We plan to attend the Widget Conference on April 1, 2025 where export controlled technical information will be discussed/shared 10. State specifically what system you require access to: (SAM.gov, DIBBS, DTIC other, none?) If DIBBS, provide your USER ID. • Examples: • We require access to SAM.gov (Act No. ########) https://sam.gov/ • We do not require system access (or if something else – please specify) 11. Indicate who is requiring you to obtain a JCP Certification (Prime, Subprime, Govt. Contract Specialist, Conference, etc.) • Example: JCP Certification required by XXXXXXXXXXXX, POC: XXXXXXXXXX, Phone: ########, Email: XXXXXXXXXX. NOTE: This is not the entity applying for certification. If you have no Government Agency requestor, please state so Back to Table of Contents EXAMPLE OF BLOCK 4 ITEMS 1–11 modify as needed We are a Prime Contractor. We manufacture items for the DOD related to NAICS #######. Yes, our (equipment/material/service) is related to USML–Category (##). Yes, we have enclosed a copy of our DDTC registration letter with our submission. Yes, we have attached a copy of our current Export Control License. We wish to Bid on DOD solicitations, or We need to exchange data with a JCP certified entity or We wish to attend DoD conferences / workshops / symposiums that discuss export controlled technical information, We need access to SAM.gov. JCP Certification is required by (List Government Agency, Point of Contact, Phone, and Email address) EXAMPLE OF BLOCK 4 ITEMS 1 – 4 for University entity: We are neither a Prime Contractor nor Sub Contractor. We are a public research university to participate in research through a federally funded grant program (List Program/Project Name, Grant #XXXXXX, POC). NOTE: Items 5–11 will depend on the University and can be chosen from the list of examples (modify as needed). All information must fit into the space provided in Block 4 on the form, attachments concerning Block 4 are not allowed. BLOCK 4 – CANADIAN DESCRIPTION OF RELEVANT BUSINESS ACTIVITY Specifically address the following areas: 1. Indicate if you are a Prime Contractor or a Sub-Contractor (If applicable) • Example: We are a Prime Contractor. We are a Sub-Contractor 2. Describe what you do: (i.e.: I am a manufacturer, distributor, data broker, consultant, other) • Example: We are a manufacturer, we are a distributor, I am a data broker, I am a consultant, we are a University, (If other – please specify) 3. Describe what type(s) of equipment/material/service do you manufacture/provide: (Include commodity, NAICS (North American Industry Classification System) or associated FSC (Federal Supply Class) if known). • Examples: • We manufacture widgets related to NAICS ####### (XXXXXXXXXX) • We provide widgets related to NAICS ####### (XXXXXXXXXXX) • We provide widget services related to NAICS ####### (XXXXXXXX) • We are a public research university, that is DOD funded (Grant #) to conduct research on widgets. NOTE: You do not need to list ALL NAICS’s or FSC’s. 4. Canadian Vendors Only: (N/A for U.S. Vendors) If a Canadian vendor are you registered with the Canadian Controlled Goods Program CCGP)? If yes, state so and provide registration number. • Example: Yes, we are registered with CCGP registration ##### Back to Table of Contents BLOCK 6 – CONTRACTOR CERTIFICATION • Block 6a – [TYPED NAME] (MANDATORY) • Type or print the individual’s name who is authorized to commit the enterprise to a legal contract • Block 6b [TITLE] (MANDATORY) • Type or print the individual’s title identified in Block 6a • For Universities - this title must clearly show this individual's relationship to the Office of Research and Grants, or the office at the university, college or higher learning institution that performs this function. • Block 6c [SIGNATURE] (MANDATORY) • The handwritten signature of the individual indicated in Block 6a, who can legally obligate the entity to a contract must sign. • Stamped or Digital signatures are currently NOT acceptable. • This individual is legally bound to abide by all terms and conditions listed in Blocks 5a-5f. • Block 6d [DATE] (MANDATORY) • Type or print the date the form was signed. BLOCK 7 – CERTIFICATION ACTION • Block 7a - For Joint Certification Program Office (JCO) use only. • Block 7b - For Joint Certification Program Office (JCO) use only. • Block 7c - For Joint Certification Program Office (JCO) use only. BLOCK 8 - DOD Official • For Joint Certification Program Office (JCO) use only. BLOCK 9 - CANADIAN Official • For Joint Certification Program Office (JCO) use only. Back to Table of Contents DATA CUSTODIAN TRAINING REQUIREMENT The Joint Certification Program Office Head Quarters Defense Logistics Agency now requires Export Control Compliance training as part of the enhanced procedures for entities who intend to handle export controlled technical information. This training is a mandatory prerequisite when obtaining JCP Certification prior to export controlled technical information package access to: • Department of Defense (DOD) solicitations with export controlled technical information access • Conference attendance with export controlled technical information sharing or discussions • Symposiums participation with export controlled technical information sharing or discussions • Obtaining Request for Proposal (RFP) with export controlled technical information access • White paper submissions • Directly Arranged Visits (DAV) etc. • This training course is located on the JCP Website at: https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/, then by clicking Links/Resources and selecting DLA Requirements. Within the information, the link “DLA Introduction to Proper Handling of DoD Export-Controlled Technical Data Training" will launch the training. • Or at the following link: https://www.dla.mil/Portals/104/Documents/J3LogisticOperations/EnhancedValidation/J3_expctrltrainin g_191004.pdf • Once the Data Custodian has reviewed and understood, they should fill out and print 'Certification Statement of Export Control Compliance', sign and scan to a .pdf file. Please ensure the proper box is checked in item # 4 (citizenship) SUPPORTING DOCUMENTATION REQUIREMENT Supporting documentation proving the legitimacy of the entity is no longer required for U.S. companies but is still required for Canadian companies. However, if a U.S. Company has an Export Controlled License please submit that along with the DD2345 submission You will need to provide documentation proving the company is a registered business entity with a government agency. The supporting documentation must have the entity name on the documentation as well as the name of the issuing state / province, county, or city. W-9 FORMS are not acceptable as supporting documentation. NOTE: Please do not send anything which contains personal information, such as a social security, passport, or bank account number, etc. • Examples of proper supporting documentation would include one of the following: • Sales tax license • Business license • Filed articles of incorporation (with date stamp or including a letter noting the articles are on file at the state) Back to Table of Contents DDTC/EXPORT LICENSE DOCUMENTATION In accordance with 22 CFR §120-130, International Traffic in Arms Regulations, technical information available under the Joint Certification Program (JCP) may qualify as export controlled. Under 22 CFR § 121.1, United States Munition List, some entities who manufacture or export defense articles or services, which may include associated technical information, you are required to register with the Directorate of Defense Trade Controls (DDTC). Accordingly, Is your equipment/material/service related to the United States Munitions List (USML) or Commerce Control List (CCL)? If ‘Yes’, state what category in your resubmission. Are you registered with Directorate of Defense Trade Controls (DDTC)? If ‘Yes’, state so and provide registration code and expiration date in your submission. Do you possess an Export Control License? If ‘Yes’, please state so and provide documentation or license number and expiration date in your submission. Providing this information will assist the Joint Certification Office in processing your DD Form 2345. Additionally, once JCP certified, this information will assist in identifying, for the controlling DOD office, what technical information is accessible under your JCP Certification. Department of State: https://www.pmddtc.state.gov/?id=ddtc_public_portal_home page The United States Munitions List (§121.1): In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act and constitute the U.S. Munitions List (USML) https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=70e390c181ea17f847fa696c47e3140a&mc=true&r=PART&n=pt22.1.121 SUBMITTING THE DD FORM 2345 Once you have all of the appropriate supporting business/training document(s) please EMAIL the package with a new or revised DD Form2345, with an original signature and the current date. We are no longer accepting hard copy documents mailed via USPS, FedEx, or UPS. Steps for emailing: 1. Complete the attached, fillable DD Form 2345. (Blocks 1 – Block 6b) 2. Save the form and print it. 3. Wet sign and Date the DD Form 2345. (Blocks 6c and 6d) 4. Scan the form and save form as a .pdf 5. Attach the DD Form 2345 .pdf file with your supporting documentation/ training completion certificate in an email 6. For expedited service, please send your email/submission to: JCP-ADMIN@DLA.MIL and insert your CAGE and indicate New or Renewal on the subject line Back to Table of Contents