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Clauses · DFARS · Supply chain and sourcing · provision

DFARS 252.225-7046 Exports by Approved Community Members in Response to the Solicitation

Does the regulation require it to flow down?

Yes

Paragraph (h) reads: 'Flow down the substance of this provision, including this paragraph (h), but excluding the representation at paragraph (g), to any subcontractor at any tier intending to use the DTC Treaties in responding to this solicitation.' Two limits make this narrower than it looks. The mandate is conditional on the lower-tier firm actually intending to use the Treaty exemption — a sub that will use ordinary ITAR licenses is outside it. And the representation itself does not travel: the offeror makes it, not the supply chain. Because this is a solicitation-stage instrument, its appearance inside an executed purchase order is a phase defect, not a live duty.

Form
partial substance — paragraph (h) directs flow-down of the substance of the provision, including paragraph (h), but EXCLUDING the representation at paragraph (g)
Reaches
all tiers ('any subcontractor at any tier')

Checked against acquisition.gov on 2026-08-05 · edition JUN 2013 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you fill in and send back

    Hours, once you know which one is missing.

    • The representation with your offer, stating either that you made treaty exports or transfers while preparing the response and met the treaty requirements, or that you made none

      DFARS 252.225-7046(g)

When it is used

A solicitation provision. DFARS 225.7902-5(a) prescribes it only 'in solicitations that include the clause at 252.225-7047' — it has no independent applicability, so if 252.225-7047 is not there, this provision does not belong there either. 252.225-7047 in turn is used, per 225.7902-5(b)(1), only when export-controlled items are expected during performance and clause 252.225-7048 (Export-Controlled Items) is used, AND at least one contract line item satisfies a US DoD Treaty-eligible requirement identified by the program manager under 225.7902-4(a). The subject matter is the Defense Trade Cooperation Treaties with Australia and the United Kingdom: the provision PERMITS Approved Community members to use the Treaty exemption in lieu of an ITAR license when exporting or transferring qualifying defense articles to prepare a response — it does not require anyone to use the Treaties. No dollar threshold. Absent from DFARS 212.301, so not prescribed for FAR part 12 acquisitions.

Read closely

(h) pushes the substance of the provision down to a lower-tier supplier that intends to use the treaties, and expressly leaves the representation at (g) behind — the offeror makes it, and it does not travel. This is a solicitation-stage instrument, so its appearance inside a signed purchase order is a phase mismatch rather than a live duty.

The 3 templates that name it, with the line
255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 835243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1758122GD Mission Systems SCM-TMP-095 — FFP Purchase Orders for Commercial/COTS Products or Services in Support of a U.S. Government ContractGeneral Dynamicsline 890

Source: acquisition.gov, DFARS 252.225-7046, DFARS 225.7902-5(a) and (b), and DFARS 212.301 (verified 2026-08-05)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.