DFARS 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services. Basic (Dec 2018) (Current)

As prescribed in section 225.772-5(b) use the clause at 252.225-7051, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services, in solicitations and contracts for the acquisition of commercial satellite services, including solicitation and contracts using FAR part 12 procedures for the acquisition of commercial items.

PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2018)

      (a)  Definitions.  As used in this clause—

      “Covered foreign country” means—

              (i)  The People’s Republic of China;

              (ii)  North Korea;

              (iii)  The Russian Federation; or

              (iv)  Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)

      “Foreign entity” means—

              (i)  Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.

              (ii)  Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)

      “Government of a covered foreign country” includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.

      “Launch vehicle” means a fully integrated space launch vehicle. (10 U.S.C. 2279)

      “Satellite services” means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.

      “State sponsor of terrorism” means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232)], to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, North Korea, Sudan, and Syria. (10 U.S.C. 2327)

      (b)  Limitation.  Unless specified in its offer, the Contractor shall not provide satellite services under this contract that—

              (1)  Are from a covered foreign country; or

              (2)  Except as provided in paragraph (c), use satellites that will be-

                    (i)  Designed or manufactured—

                            (A)  In a covered foreign country; or

                            (B)  By an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or

                    (ii)  Launched outside the United States using a launch vehicle that is designed or manufactured—

                            (A)  In a covered foreign country; or

                            (B)  Provided by—

                                    (1)  The government of a covered foreign country; or

                                    (2)  An entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country.

      (c)  Exception.  The limitation in paragraph (b)(2) shall not apply with respect to—

              (1)  A launch that occurs prior to December 31, 2022; or

              (2)  A satellite service provider that has a contract or other agreement relating to launch services that, prior to June 10, 2018, was either fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such services.

(End of clause)
 

Prime’s Interest;
(Applies to solicitations and contracts for the acquisition of commercial satellite services.)

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.225-1 Buy American—Supplies

52.225-11 Buy American—Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Statute—Construction Materials.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-8 Duty-Free Entry.

52.225-9 Buy American—Construction Materials.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

52.246-26 Reporting Nonconforming Items.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

252.225-7001 Buy American and Balance of Payments Program.

252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices—Certificate.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.225-7046 Exports by Approved Community Members in Response to the Solicitation.

252.225-7047 Exports by Approved Community Members in Performance of the Contract.

252.225-7048 Export-Controlled Items.

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.229-7004 Status of Contractor as a Direct Contractor (Spain).

252.229-7014 Taxes—Foreign Contracts in Afghanistan.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.245-7004 Reporting, Reutilization, and Disposal.

1852.225-70 Export Licenses.

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.247-73 Bills of Lading.

5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR)

5252.227-9507 Notice Regarding The Dissemination of Export-ControlledTechnical Data (NAVAIR) (Oct 2005)

5152.225-5914 Commodity Shipping Instructions

552.238-107 Export Traffic Release (Supplies).

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

652.225-71 Section 8(a) of the Export Administration Act of 1979, as Amended.

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States.

652.247-71 Shipping Instructions

952.225-71 Compliance with export control laws and regulations (Export Clause)

970.5225-1 Compliance with export control laws and regulations.

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