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

DFARS 252.225-7049 — Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations. As prescribed in 225.772-5(a), use the following provision: Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations (DEC 2018) (a) Definitions. As used in this provision— Covered foreign country, foreign entity, government of a covered foreign country, launch vehicle, satellite services, and state sponsor of terrorism are defined in the clause at Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7051, Prohibition on Acquisition of Certain Commercial Satellite Services. Cybersecurity risk means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism. (10 U.S.C. 2279)] (b) Prohibition on award. In accordance with 10 U.S.C. 2279, unless an exception is determined to apply in accordance with DFARS 225.772-4, no contract for commercial satellite services may be awarded to— (1)(i) A foreign entity if the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary of Defense for Policy reasonably believes that— (A) The foreign entity is an entity in which the government of a covered foreign country has an ownership interest that enables the government to affect satellite operations; (B) The foreign entity plans to, or is expected to, provide satellite services under the contract from a covered foreign country; or (C) Entering into such contract would create an unacceptable cybersecurity risk for DoD; or (ii) An offeror that is offering to provide the commercial satellite services of a foreign entity as described in paragraph (b)(1) of this provision; or (2)(i) Any entity, except as provided in paragraph (b)(2)(ii) of this provisi