# Class Deviation 2025-O0007
# Class Deviation 2025-O0007 – Prohibition on the Procurement of Covered Semiconductor Products and Services from Companies Providing Covered Semiconductor Products and Services to Huawei

Status: Active
Date Issued: Not explicitly stated in memorandum header; effective immediately upon issuance
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers covered by the addressees, including USCC, USSOCOM, USTRANSCOM, Army, Navy, Air Force, and Defense Agencies and DoD Field Activities
Authority: Section 853(a) of the National Defense Authorization Act for Fiscal Year 2025 (Pub. L. 118-159)

## Summary

This deviation prohibits DoD from entering into or renewing contracts for covered semiconductor products and services with any entity that knowingly provides those products and services to Huawei. Contracting officers must include a new solicitation provision and contract clause in all relevant solicitations and contracts, including those using FAR part 12 commercial acquisition procedures, unless a waiver is granted by the Secretary of Defense. The deviation implements section 853(a) of the FY2025 NDAA and remains in effect until a final DFARS rule is published under DFARS Case 2025-D010.

## Required Contracting Officer Actions

1. Do not enter into or renew a contract for covered semiconductor products and services with any entity that knowingly provides covered semiconductor products and services to Huawei.
2. Include provision 252.240-7998 in all solicitations for covered semiconductor products and services that also include clause 252.240-7999.
3. Include clause 252.240-7999 in all solicitations and contracts for covered semiconductor products and services, including those using FAR part 12 procedures, unless a waiver has been granted by the Secretary of Defense.

## Affected Provisions and Clauses

### 252.240-7998, Prohibition on the Procurement of Covered Semiconductor Products and Services from Companies Providing Covered Semiconductor Products and Services to Huawei—Representation (Provision)
- Change type: NEW
- Action: New provision created by this deviation; use in solicitations that include clause 252.240-7999 for the procurement of covered semiconductor products and services.

### 252.240-7999, Prohibition on the Procurement of Covered Semiconductor Products and Services from Companies Providing Covered Semiconductor Products and Services to Huawei (Clause)
- Change type: NEW
- Action: New clause created by this deviation; use in solicitations and contracts for covered semiconductor products and services, including those using FAR part 12 procedures, unless a waiver has been granted by the Secretary of Defense.

## Notes

Waiver Authority: The Secretary of Defense may waive the prohibition on a case-by-case basis when necessary in the interest of national security, provided the covered semiconductor products and services are only available from an otherwise prohibited entity and are required for national security systems or priority DoD missions.

Expiration: The deviation remains in effect until the effective date of the final rule for DFARS Case 2025-D010 or until otherwise rescinded.

Inquiries: Questions regarding this deviation may be directed to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 252.240-7998 specifically?
- Are there any SAM registration implications?

---
Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA002057-25-DPCAP.pdf