252.209-7011 — Representation for Restriction on the Use of Certain Institutions of Higher Education.
Researched by the BidStride Research Team
What This Clause Requires
DFARS 252.209-7011 — Representation for Restriction on the Use of Certain Institutions of Higher Education.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.
Official Regulation Text
252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education. As prescribed in 209.170-4, use the following provision: Representation For Restriction On The Use Of Certain Institutions Of Higher Education (AUG 2025) (a) Definitions. As used in this provision— Confucius Institute means— (1) Any program that receives funding or support from— (i) The Chinese International Education Foundation; or (ii) The Center for Language Exchange Cooperation of the Ministry of Education of the People's Republic of China; or (2) Any 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)). The waiver authority terminates on October 1, 2026. Any waiver issued will not apply on or after that date. 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) [90 FR 41899, Aug. 28, 2025]
Compliance Checklist
- As required by section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Pub.
Flow-Down to Subcontractors
No flow-down required
This clause applies only to the prime contract and does not need to be flowed down to subcontractors.
Frequently Asked Questions
DFARS 252.209-7011 (Representation for Restriction on the Use of Certain Institutions of Higher Education.) is a Defense Federal Acquisition Regulation Supplement clause applicable to Department of Defense contracts.
DFARS 252.209-7011 is typically required in DoD contracts when the contracting officer determines it's applicable. Check Section I of your solicitation.
Flow-down requirements vary. Review the specific clause text for subcontractor applicability provisions.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.