Insert clause 1852.225-71, Restriction on Funding Activities with China, in all new solicitations and awards except those for commercial and non developmental items. Attempt to negotiate no cost, bilateral agreement to include the clause in existing contracts except those for commercial and non developmental itemsthat have used or will use appropriations received by NASA after April 25, 2011.
Restrictions of Funding Activity with China (DEVIATION) (Feb 2012)
(Applicable for all purchase orders/subcontracts.)
(a) Definition - “China” or “Chinese-owned company” means the People’s Republic of China, any company owned by the People’s Republic of China or any company incorporated under the laws of the People’s Republic of China.
(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting to participate, collaborate, coordinate bilaterally in any way with China or a Chinese-owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non-developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.
(c) This contract may use restricted funding that was appropriated on or after April 25, 2011. The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.
(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.
(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.