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

Summary

This deviation implements section 853(a) of the NDAA for Fiscal Year 2025. It prohibits Department of Defense from entering into or renewing contracts for covered semiconductor products and services with any entity that knowingly supplies those products and services to Huawei. Two new Defense Federal Acquisition Regulation Supplement (Defense Federal Acquisition Regulation Supplement) instruments, provision 252.240-7998 and clause 252.240-7999, implement this prohibition.

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 solicitations 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 commercial (Part 12) acquisitions, unless the Secretary of Defense has granted a waiver.

Affected Provisions and Clauses

252.240-7998, (Clause)

• Change type: MODIFIED
• Action: Add clause 252.240-7998

252.240-7999, (Clause)

• Change type: MODIFIED
• Action: Modify clause 252.240-7999

Notes

Waiver Authority: The Secretary of Defense may waive the prohibition on a case-by-case basis in the interest of national security. A waiver requires a determination that the covered semiconductor products and services are only available from a prohibited entity and are required for national security systems or priority Department of Defense missions.

Expiration: This deviation remains in effect until the final rule for DFARS Case 2025-D010 takes effect or until otherwise rescinded.

Inquiries: Direct questions to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.

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