High RiskDFARSExport Control

252.225-7028Exclusionary policies and practices of foreign governments.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.225-7028 — Exclusionary policies and practices of foreign governments.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.225-7028 Exclusionary policies and practices of foreign governments. As prescribed in 225.7307(b), use the following clause: Exclusionary Policies and Practices of Foreign Governments (APR 2003) The Contractor and its subcontractors shall not take into account the exclusionary policies or practices of any foreign government in employing or assigning personnel, if— (a) The personnel will perform functions required by this contract, either in the United States or abroad; and (b) The exclusionary policies or practices of the foreign government are based on race, religion, national origin, or sex. (End of clause) [68 FR 15639, Mar. 31, 2003, as amended at 70 FR 73156, Dec. 9, 2005]

Source: eCFR, 48 CFR 252.225-7028 (https://www.ecfr.gov/current/title-48/section-252.225-7028)

Compliance Checklist

  • As prescribed in 225.7307(b), use the following clause: Exclusionary Policies and Practices of Foreign Governments (APR 2003) The Contractor and its subcontractors shall not take into account the exclusionary policies or practices of any foreign government in employing or assigning personnel, if— (a) The personnel will perform functions required by this contract, either in the United States or abroad; and (b) The exclusionary policies or practices of the foreign government are based on race, religion, national origin, or sex.

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

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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.