Section 252.209-7011 - Representation for Restriction on the Use of Certain Institutions of Higher EducationAs prescribed in 209.170-4, use the following provision:
Representation for Restriction on the Use of Certain Institutions of Higher Education (Oct 2023)
(a)Definitions. As used in this provision- Confucius Institute means a cultural institute directly or indirectly funded by the government of the People's Republic of China.
Institution of higher education has the meaning given in 20 U.S.C. 1002 .
(b)Restriction. As required by section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), DoD may not award a contract with any institution of higher education that hosts a Confucius Institute. Section 1062 prohibits DoD from providing funding to any U.S. institution of higher education hosting a Confucius Institute unless that institution receives a waiver from the Department of Defense Office of the Under Secretary of Defense for Research and Engineering (OUSD(R & E)). See the OUSD(R & E) Confucius Institute Waiver Program Guidance to U.S. Institutions of Higher Education at https://rt.cto.mil/wp-content/uploads/Confucius-Institute-Waiver-Program-Guidance-28Mar2023.pdf.(c)Representation. By submission of an offer, the Offeror represents that- (1) It is not an institution of higher education that hosts a Confucius Institute; or(2) The Offeror has obtained a waiver approved by OUSD(R & E). (End of provision)
88 FR 67609, Sept. 29, 2023