Authority
Section 853(a) of the National Defense Authorization Act (NDAA) for Fiscal Year 2025 (Pub. L. 118-159)
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.
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.
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This deviation remains in effect until the final rule for DFARS Case 2025-D010 takes effect or until otherwise rescinded.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.
Affected Provisions and Clauses
252.240-7998
CLAUSE
Add clause 252.240-7998
MODIFIED
252.240-7999
CLAUSE
Modify clause 252.240-7999
MODIFIED