252.209-7000 Reserved.
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist
Country.
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 Terrorist Country.
252.209-7005 Reserve Officer
Training Corps and Military Recruiting on Campus.
252.209-7006 Limitations on Contractors Acting as Lead
System Integrators.
252.209-7007 Prohibited Financial Interests for Lead
System Integrators.
252.209-7000 Reserved.
252.209-7001
Disclosure of Ownership or Control by the Government of a Terrorist
Country.
As prescribed in 209.104-70(a), use the following provision:
Disclosure
of Ownership or Control by THE GOVERNMENT OF A TERRORIST COUNTRY (OCT 2006)
(a) Definitions. As used in this provision—
(1) “Government of a terrorist country” includes
the state and the government of a terrorist country, as well as any political
subdivision, agency, or instrumentality thereof.
(2) “Terrorist country” means a country
determined by the Secretary of State, under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the
government of which has repeatedly provided support for acts of international
terrorism. As of the date of this
provision, terrorist countries subject to this provision include:
(3) “Significant interest” means—
(i) Ownership of or beneficial interest in 5
percent or more of the firm’s or subsidiary’s securities. Beneficial interest includes holding 5
percent or more of any class of the firm’s securities in “nominee shares,”
“street names,” or some other method of holding securities that does not disclose
the beneficial owner;
(ii) Holding a management position in the firm,
such as a director or officer;
(iii) Ability to control or influence the election,
appointment, or tenure of directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets
of a firm such as equipment, buildings, real estate, or other tangible assets
of the firm; or
(v) Holding 50 percent or more of the
indebtedness of a firm.
(b) Prohibition
on award. In accordance with 10
U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if
the government of a terrorist country has a significant interest in the firm or
subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary,
unless a waiver is granted by the Secretary of Defense.
(c) Disclosure. If the government of a terrorist country has
a significant interest in the Offeror or a subsidiary of the Offeror, the
Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also
disclose any significant interest the government of a terrorist country has in
any firm that owns or controls the subsidiary.
The disclosure shall include—
(1) Identification of each government holding a
significant interest; and
(2) A description of the significant interest held by each government.
(End of provision)
252.209-7002
Disclosure of Ownership or Control by a Foreign Government.
As prescribed in 209.104-70(b), use the following provision:
DISCLOSURE OF OWNERSHIP OR
CONTROL BY A FOREIGN GOVERNMENT
(JUN 2005)
(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) information,
except classified keys used to operate secure telephone units (STU IIIs);
(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. 2536(a).
(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 Terrorist Country.
As prescribed in 209.409, use the following clause:
SUBCONTRACTING WITH FIRMS
THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)
(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 $30,000 with a
firm, or a subsidiary of a firm, that is identified in the Excluded Parties List
System as being ineligible for the award of Defense contracts or subcontracts
because it is owned or controlled by the government of a terrorist country.
(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, on
the List of Parties Excluded from Federal Procurement and Nonprocurement
Programs, as being ineligible for the award of Defense contracts or
subcontracts because it is owned or controlled by the government of a terrorist
country. The notice must include the
name of the proposed subcontractor and the compelling reason(s) for doing
business with the subcontractor notwithstanding its inclusion on the List of
Parties Excluded from Federal Procurement and Nonprocurement Programs.
(End of clause)
252.209-7005 Reserve Officer
Training Corps and Military Recruiting on Campus.
As prescribed in 209.470-4, use
the following clause:
RESERVE OFFICER
TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS (JAN 2000)
(a) Definition.
"Institution of higher education," as used in this clause,
means an institution that meets the requirements of 20 U.S.C. 1001 and includes
all subelements of such an institution.
(b) Limitation on contract award. Except
as provided in paragraph (c) of this clause, an institution of higher education
is ineligible for contract award if the Secretary of Defense determines that
the institution has a policy or practice (regardless of when implemented) that
prohibits or in effect prevents—
(1) The
Secretary of a military department from maintaining, establishing, or operating
a unit of the Senior Reserve Officer Training Corps (ROTC) (in accordance with
10 U.S.C. 654 and other applicable Federal laws) at that institution;
(2) A student at
that institution from enrolling in a unit of the Senior ROTC at another
institution of higher education;
(3) The
Secretary of a military department or the Secretary of Transportation from
gaining entry to campuses, or access to students (who are 17 years of age or
older) on campuses, for purposes of military recruiting; or
(4) Military
recruiters from accessing, for purposes of military recruiting, the following
information pertaining to students (who are 17 years of age or older) enrolled
at that institution:
(i) Name.
(ii)
Address.
(iii)
Telephone number.
(iv) Date
and place of birth.
(v)
Educational level.
(vi)
Academic major.
(vii)
Degrees received.
(viii)
Most recent educational institution enrollment.
(c) Exception. The limitation in
paragraph (b) of this clause does not apply to an institution of higher education
if the Secretary of Defense determines that—
(1) The
institution has ceased the policy or practice described in paragraph (b) of
this clause; or
(2) The
institution has a long-standing policy of pacifism based on historical
religious affiliation.
(d) Agreement. The Contractor
represents that it does not now have, and agrees that during performance of
this contract it will not adopt, any policy or practice described in paragraph
(b) of this clause, unless the Secretary of Defense has granted an exception in
accordance with paragraph (c)(2) of this clause.
(e) Notwithstanding any
other clause of this contract, if the Secretary of Defense determines that the
Contractor misrepresented its policies and practices at the time of contract award
or has violated the agreement in paragraph (d) of this clause—
(1) The
Contractor will be ineligible for further payments under this and any other
contracts with the Department of Defense; and
(2) The
Government will terminate this contract for default for the Contractor's
material failure to comply with the terms and conditions of award.
(End of clause)
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
(JAN 2008)
(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. 2410p, as added
by Section 807 of the National Defense Authorization Act for Fiscal Year 2007
(Pub. L. 109-364).
(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
(JAN 2008)
(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, as
determined by the Contracting Officer, to perform a substantial portion of the
work on the system and the major subsystems.
(3) “Lead system integrator without system
responsibility” means a contractor under a contract for the procurement of
services whose primary purpose is to perform acquisition functions closely
associated with inherently governmental functions (see section 7.503(d) of the
Federal Acquisition Regulation) with regard 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. 2410p, as added by
Section 807 of the National Defense Authorization Act for Fiscal Year 2007
(Pub. L. 109-364).
(End of
clause)