252.209-7000 Reserved.
252.209-7001 Reserved.
252.209-7002 Disclosure of Ownership or Control by a Foreign Government.
252.209-7003 Reserved.
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country
that is a State Sponsor of Terrorism.
252.209-7005 Reserved.
252.209-7006 Limitations on Contractors Acting as Lead
System Integrators.
252.209-7007 Prohibited Financial Interests for Lead
System Integrators.
252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest—Major Defense
Acquisition Program.
252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program.
252.209-7010 Critical Safety Items.
252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.
252.209-7000 Reserved.
252.209-7001
Reserved.
252.209-7002
Disclosure of Ownership or Control by a Foreign Government.
As prescribed in 209.104-70, use the following provision:
DISCLOSURE OF OWNERSHIP OR
CONTROL BY A FOREIGN GOVERNMENT
(DEC 2022)
(a) Definitions. As used in this provision—
(1) “Effectively owned or controlled” means that
a foreign government or any entity controlled by a foreign government has the
power, either directly or indirectly, whether exercised or exercisable, to
control the election, appointment, or tenure of the Offeror’s officers or a
majority of the Offeror’s board of directors by any means, e.g., ownership,
contract, or operation of law (or equivalent power for unincorporated organizations).
(2) “Entity controlled by a foreign government”—
(i) Means—
(A) Any domestic or foreign organization or
corporation that is effectively owned or controlled by a foreign government;
or
(B) Any individual acting on behalf of a foreign
government.
(ii) Does not include an organization or
corporation that is owned, but is not controlled, either directly or
indirectly, by a foreign government if the ownership of that organization or
corporation by that foreign government was effective before October 23, 1992.
(3) “Foreign government” includes the state and
the government of any country (other than the
(4) “Proscribed information” means—
(i) Top Secret information;
(ii) Communications security (COMSEC) material, excluding controlled
cryptographic items when unkeyed or utilized with unclassified keys;
(iii) Restricted Data as defined in the U.S. Atomic
Energy Act of 1954, as amended;
(iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
(b) Prohibition
on award. No contract under a
national security program may be awarded to an entity controlled by a foreign
government if that entity requires access to proscribed information to perform
the contract, unless the Secretary of Defense or a designee has waived
application of 10 U.S.C. 4874.
(c) Disclosure. The Offeror shall disclose any interest a
foreign government has in the Offeror when that interest constitutes control by
a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also
disclose any reportable interest a foreign government has in any entity that owns
or controls the subsidiary, including reportable interest concerning the
Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the
information in the following format:
|
Offeror’s Point of Contact for Questions about Disclosure (Name and Phone Number with Country Code, City Code and Area Code, as applicable) |
|
|
|
|
|
Name and Address of Offeror |
|
|
|
|
|
Name and Address of Entity Controlled by a Foreign Government |
Description of Interest, Ownership Percentage, and Identification of
Foreign Government |
|
|
|
|
(End of provision) |
|
252.209-7003 Reserved.
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
As prescribed in 209.409, use the following clause:
SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019)
(a) Unless the Government determines that there is a compelling reason to do so,
the Contractor shall not enter into any subcontract in excess of the threshold specified in Federal Acquisition Regulation 9.405-2(b) on the date of subcontract award with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the
System for Award Management (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that
is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
(End of clause)
252.209-7005 Reserved.
252.209-7006 Limitations on Contractors Acting as Lead
System Integrators.
As prescribed in 209.570-4(a), use the following provision:
LIMITATIONS ON CONTRACTORS ACTING AS
LEAD SYSTEM INTEGRATORS
(DEC 2022)
(a) Definitions. “Lead system integrator,” “lead system
integrator with system responsibility,” and “lead system integrator without
system responsibility,” as used in this provision, have the meanings given in
the clause of this solicitation entitled “Prohibited Financial Interests for
Lead System Integrators” (DFARS 252.209-7007).
(b) General. Unless an exception is granted, no contractor
performing lead system integrator functions in the acquisition of a major
system by the Department of Defense may have any direct financial interest in
the development or construction of any individual system or element of any
system of systems.
(c) Representations.
(1) The offeror represents that it does [ ] does
not [ ] propose to perform this contract as a lead system integrator with
system responsibility.
(2) The offeror represents that it does [ ] does
not [ ] propose to perform this contract as a lead system integrator without
system responsibility.
(3) If the offeror answered in the affirmative in
paragraph (c)(1) or (2) of this provision, the offeror represents that it does
[ ] does not [ ] have any direct financial interest as described in paragraph
(b) of this provision with respect to the system(s), subsystem(s), system of
systems, or services described in this solicitation.
(d) If the offeror answered in the affirmative in
paragraph (c)(3) of this provision, the offeror should contact the Contracting
Officer for guidance on the possibility of submitting a mitigation plan and/or
requesting an exception.
(e) If the offeror does have a direct financial
interest, the offeror may be prohibited from receiving an award under this
solicitation, unless the offeror submits to the Contracting Officer appropriate
evidence that the offeror was selected by a subcontractor to serve as a
lower-tier subcontractor through a process over which the offeror exercised no
control.
(f) This provision implements the requirements of 10 U.S.C. 4292.
(End of provision)
252.209-7007 Prohibited Financial Interests for Lead
System Integrators.
As prescribed in 209.570-4(b), use the following clause:
PROHIBITED FINANCIAL INTERESTS FOR
LEAD SYSTEM INTEGRATORS
(DEC 2022)
(a) Definitions. As used in this clause—
(1) “Lead system integrator” includes “lead
system integrator with system responsibility” and “lead system integrator
without system responsibility.”
(2) “Lead system integrator with system
responsibility” means a prime contractor for the development or production of a
major system, if the prime contractor is not expected at the time of award to
perform a substantial portion of the work on the system and the major
subsystems.
(3) “Lead system integrator without system
responsibility” means a prime contractor under a contract for the procurement
of services, the primary purpose of which is to perform acquisition functions
closely associated with inherently governmental functions (see section 7.503(d)
of the Federal Acquisition Regulation) with respect to the development or
production of a major system.
(b) Limitations. The Contracting Officer has determined that
the Contractor meets the definition of lead system integrator with [ ] without
[ ] system responsibility. Unless an
exception is granted, the Contractor shall not have any direct financial
interest in the development or construction of any individual system or element
of any system of systems while performing lead system integrator functions in
the acquisition of a major system by the Department of Defense under this
contract.
(c) Agreement. The Contractor agrees that during performance
of this contract it will not acquire any direct financial interest as described
in paragraph (b) of this clause, or, if it does acquire or plan to acquire such
interest, it will immediately notify the Contracting Officer. The Contractor further agrees to provide to
the Contracting Officer all relevant information regarding the change in
financial interests so that the Contracting Officer can determine whether an
exception applies or whether the Contractor will be allowed to continue
performance on this contract. If a
direct financial interest cannot be avoided, eliminated, or mitigated to the
Contracting Officer’s satisfaction, the Contracting Officer may terminate this
contract for default for the Contractor’s material failure to comply with the
terms and conditions of award or may take other remedial measures as
appropriate in the Contracting Officer’s sole discretion.
(d) Notwithstanding any other clause of this
contract, if the Contracting Officer determines that the Contractor
misrepresented its financial interests at the time of award or has violated the
agreement in paragraph (c) of this clause, the Government may terminate this
contract for default for the Contractor’s material failure to comply with the
terms and conditions of award or may take other remedial measures as appropriate
in the Contracting Officer’s sole discretion.
(e)
This clause implements the requirements of 10 U.S.C. 4292.
(End of clause)
252.209-7008, Notice of Prohibition Relating to Organizational Conflict of Interest—Major Defense Acquisition Program.
As prescribed in 209.571-8(a), use the following provision:
NOTICE OF PROHIBITION RELATING TO ORGANIZATIONAL CONFLICT OF
INTEREST—MAJOR DEFENSE ACQUISITION PROGRAM (DEC 2010)
(a) Definitions. “Major subcontractor” is defined in the clause at 252.209-7009, Organizational Conflict of Interest—Major Defense Acquisition Program.
(b) This solicitation is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.
(c) Prohibition. As required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), if awarded the contract, the contractor or any affiliate of the contractor is prohibited from participating as a prime contractor or a major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program, unless the offeror submits, and the Government approves, an Organizational Conflict of Interest Mitigation Plan.
(d) Request for an exception. If the offeror requests an exception to the prohibition of paragraph (c) of this provision, then the offeror shall submit an Organizational Conflict of Interest Mitigation Plan with its offer for evaluation.
(e) Incorporation of Organizational Conflict of Interest Mitigation Plan in contract. If the apparently successful offeror submitted an acceptable Organizational Conflict of Interest Mitigation Plan, and the head of the contracting activity determines that DoD needs the domain experience and expertise of the highly qualified, apparently successful offeror in accordance with FAR 209.571-7(c), then the Contracting Officer will incorporate the Organizational Conflict of Interest Mitigation Plan into the resultant contract, and paragraph (d) of the clause at 252.209-7009 will become applicable.
(End of provision)
252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program.
As prescribed in 209.571-8(b), use the following clause:
ORGANIZATIONAL CONFLICT OF INTEREST—
MAJOR DEFENSE ACQUISITION PROGRAM (MAY 2019)
(a) Definition. As used in this clause—
“Major subcontractor,” means a subcontractor that is awarded a subcontract that
equals or exceeds—
(1) Both the certified cost or pricing data threshold and 10 percent of the value of the contract under which the subcontracts is awarded; or
(2) The threshold specified in the definition of “major subcontractor” at Defense Federal Acquisition Regulation Supplement 209.571-1 on the date of subcontract award.
(b) This contract is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.
(c) Prohibition. Except as provided in paragraph (d) of this clause, as required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), the Contractor or any affiliate of the Contractor is prohibited from participating as a prime contractor or major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program.
(d) Organizational Conflict of Interest Mitigation Plan. If the Contractor submitted an acceptable Organizational Conflict of Interest Mitigation Plan that has been incorporated into this contract, then the prohibition in paragraph (c) of this clause does not apply. The Contractor shall comply with the Organizational Conflict of Interest Mitigation Plan. Compliance with the Organizational Conflict of Interest Mitigation Plan is a material requirement of the contract. Failure to comply may result in the Contractor or any affiliate of the Contractor being prohibited from participating as a contractor or major subcontractor in the development or production of a weapon system under the program, in addition to any other remedies available to the Government for noncompliance with a material requirement of a contract.
(End of clause)
252.209-7010 Critical Safety Items.
As prescribed in 209.270-5, use the following clause:
CRITICAL SAFETY ITEMS (AUG 2011)
(a) Definitions.
Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;
(ii) An unacceptable risk of personal injury or loss of life; or
(iii) An uncommanded engine shutdown that jeopardizes safety.
Design control activity” means—
(i) With respect to an aviation critical safety item, the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and
(ii) With respect to a ship critical safety item, the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.
Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or
(ii) An unacceptable risk of personal injury or loss of life.
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
(Insert additional lines as necessary)
(c) Heightened quality assurance surveillance. Items designated in
paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.
(End of clause)
252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.
As prescribed in 209.170-4, use the following provision:
REPRESENTATION FOR RESTRICTION ON THE USE OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION (OCT 2023)
(a) Definitions. As used in this provision—
‘‘Confucius Institute’’ means a cultural institute directly or indirectly funded by the government of the People’s Republic of China.
‘‘Institution of higher education’’ has the meaning given in 20 U.S.C. 1002.
(b) Restriction. As required by section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), DoD may not award a contract with any institution of higher education that hosts a Confucius Institute. Section 1062 prohibits DoD from providing funding to any U.S. institution of higher education hosting a Confucius Institute unless that institution receives a waiver from the Department of Defense Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)). See the OUSD(R&E) Confucius Institute Waiver Program Guidance to U.S. Institutions of Higher Education at https://rt.cto.mil/wp-content/uploads/Confucius-Institute-Waiver-Program-Guidance-28Mar2023.pdf.
(c) Representation. By submission of an offer, the Offeror represents that—
(1) It is not an institution of higher education that hosts a Confucius Institute; or
(2) The Offeror has obtained a waiver approved by OUSD(R&E).
(End of provision)