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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2025-O0007
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: AQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation 2025-O0007—Prohibition on the Procurement of Covered
Semiconductor Products and Services from Companies Providing Covered
Semiconductor Products and Services to Huawei
Effective immediately, contracting officers shall—
(1) Not enter into or renew a contract for the procurement of any covered semiconductor
products and services for the Department of Defense with any entity that knowingly provides
covered semiconductor products and services to Huawei; and
(2) Use the attached solicitation provision, 252.240-7998, Prohibition on the
Procurement of Covered Semiconductor Products and Services from Companies Providing
Covered Semiconductor Products and Services to Huawei—Representation and contract clause
252.240-7999, Prohibition on the Procurement of Covered Semiconductor Products and Services
from Companies Providing Covered Semiconductor Products and Services to Huawei, in
solicitations and contracts for the procurement of any covered semiconductor products and
services, including solicitations and contracts using FAR part 12 procedures for the acquisition
of commercial products and commercial services, unless waived.
(A) Definitions. As used in this class deviation—
“Covered semiconductor products and services” means semiconductors, equipment for
manufacturing semiconductors; and tools for designing semiconductors.
“Huawei” means—
DARS Tracking Number: 2025-O0007
Prohibition on the Procurement of Covered Semiconductor Products and Services from
Companies Providing Covered Semiconductor Products and Services to Huawei
(1) Huawei Technologies Company;
(2) Any entity that is a subsidiary, owner, beneficial owner, affiliate, or successor
of Huawei Technologies Company; and
(3) Any entity that is directly or indirectly controlled by Huawei Technologies
Company.
(B) Waiver. The Secretary of Defense may waive the prohibition on a case-by-case basis by as
necessary in the interest of national security, if the Secretary determines that the covered
semiconductor products and services to be acquired are—
(1) Only available from an entity otherwise covered by such prohibition; and
(2) Are required for national security systems or priority missions of the Department of
Defense.
This class deviation implements section 853(a) of the National Defense Authorization
Act for Fiscal Year 2025 (Pub. L. 118-159) which prohibits the Department of Defense from
entering into or renewing a contract for the procurement of any covered semiconductor products
and services with any entity that knowingly provides covered semiconductor products and
services to Huawei.
This class deviation remains in effect until the effective date of the final rule for DFARS
Case 2025-D010, Prohibition on Procurement of Covered Semiconductor Products and Services,
or until otherwise rescinded. Inquiries regarding this class deviation can be addressed to
osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing, Contracting, and
Acquisition Policy
Attachments:
As stated
2
Attachment 1
Class Deviation 2025-O0007
Prohibition on the Procurement of Covered Semiconductor Products and Services from
Companies Providing Covered Semiconductor Products and Services to Huawei
252.240-7998 Prohibition on the Procurement of Covered Semiconductor
Products and Services from Companies Providing Covered Semiconductor
Products and Services to Huawei—Representation. (DEVIATION 2025-
O0007)
Use the following provision in solicitations that include the clause at 252.240-7999.
PROHIBITION ON THE PROCUREMENT OF COVERED SEMICONDUCTOR
PRODUCTS AND SERVICES FROM COMPANIES PROVIDING COVERED
SEMICONDUCTOR PRODUCTS AND SERVICES TO HUAWEI—
REPRESENTATION (SEP 2025) (DEVIATION 2025-O0007)
(a) Prohibition. Section 853 of the National Defense Authorization Act for Fiscal
Year 2025 (Pub. L. 118-159) prohibits DoD from entering into or renewing a contract for
the procurement of any covered semiconductor products and services for the
Department of Defense with any entity that knowingly provides covered semiconductor
products and services to Huawei.
(b) Definitions.
(1) “Covered semiconductor products and services” means—
(i) Semiconductors;
(ii) Equipment for manufacturing semiconductors; and
(iii) Tools for designing semiconductors.
(2) “Huawei” means—
(i) Huawei Technologies Company;
(ii) Any entity that is a subsidiary, owner, beneficial owner, affiliate, or
successor of Huawei Technologies Company; and
(iii) Any entity that is directly or indirectly controlled by Huawei
Technologies Company.
(c) Representation. By submission of its offer, the Offeror represents that it will
not knowingly provide covered semiconductor products and services to Huawei, as
described in paragraphs (a) and (b) of this provision, in the performance of any
contract resulting from this solicitation.
Page 1 of 2
Attachment 1
Class Deviation 2025-O0007
Prohibition on the Procurement of Covered Semiconductor Products and Services from
Companies Providing Covered Semiconductor Products and Services to Huawei
(End of provision)
Page 2 of 2
Attachment A2
Class Deviation 2025-O0007
Prohibition on the Procurement of Covered Semiconductor Products and Services from
Companies Providing Covered Semiconductor Products and Services to Huawei
252.240-7999 Prohibition on the Procurement of Covered Semiconductor
Products and Services from Companies Providing Covered Semiconductor
Products and Services to Huawei. (DEVIATION 2025-O0007)
Use the following clause in solicitations and contracts, including solicitations and
contracts using FAR part 12 procedures for the acquisition of commercial products
and services, for the procurement of any covered semiconductor products and
services unless a waiver has been granted by the Secretary of Defense in accordance
with section 853 of the National Defense Authorization Act for Fiscal Year 2025
(Pub. L. 118-159).
PROHIBITION ON THE PROCUREMENT OF COVERED SEMICONDUCTOR
PRODUCTS AND SERVICES FROM COMPANIES PROVIDING COVERED
SEMICONDUCTOR PRODUCTS AND SERVICES TO HUAWEI (SEP 2025)
(DEVIATION 2025-O0007)
(a) Prohibition. In accordance with section 853 of the National Defense
Authorization Act for Fiscal Year 2025, during the performance of this contract, the
Contractor shall not knowingly provide any covered semiconductor products and
services to Huawei.
(b) Definitions.
(1) “Covered semiconductor products and services” means—
(i) Semiconductors;
(ii) Equipment for manufacturing semiconductors; and
(iii) Tools for designing semiconductors.
(2) “Huawei” means—
(i) Huawei Technologies Company;
(ii) Any entity that is a subsidiary, owner, beneficial owner, affiliate, or
successor of Huawei Technologies Company; and
(iii) Any entity that is directly or indirectly controlled by Huawei
Technologies Company.
(End of clause)
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