FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2
DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This clause generally bars a contractor from awarding subcontracts above a certain dollar threshold to firms listed in SAM Exclusions as ineligible for Defense contracts because they are owned or controlled by a state-sponsor-of-terrorism government. If the contractor wants to use such a firm anyway, a corporate officer or designee must first notify the Contracting Officer in writing with the proposed subcontractor's name and the compelling reasons.
Applies to: Contractors awarding subcontracts under Defense contracts containing this clause
What it requires
- Do not enter into a subcontract above the FAR 9.405-2(b) threshold with a firm listed in SAM Exclusions as ineligible because it is owned or controlled by a state-sponsor-of-terrorism government, unless the Government determines a compelling reason exists.
- Before entering into such a subcontract, have a corporate officer or designee notify the Contracting Officer in writing, including the proposed subcontractor's name and the compelling reason(s).
Key terms: SAM Exclusions · state sponsor of terrorism · subcontract · compelling reason · threshold specified in Federal Acquisition Regulation 9.405-2(b)
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
As prescribed in 209.409, use the following clause:
Subcontracting With Firms That Are Owned or Controlled by the Government of a Country That Is a State Sponsor of Terrorism (MAY 2019)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of the threshold specified in Federal Acquisition Regulation 9.405-2(b) on the date of subcontract award with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the System for Award Management System (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
(End of clause)
Sections that refer to it
- 209.409 Contract clause.
← 252.209-7003 [Reserved] · 252.209-7005 [Reserved] →
Rule changes for DFARS Part 252
- Defense Federal Acquisition Regulation Supplement: Modifications to Printed Circuit Board Acquisition Restrictions (DFARS Case 2022-D011) ↗ · proposed 2026-07-02 · comments due 2026-08-31
- Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Mitigating Risks Related to Foreign Ownership, Control, or Influence (DFARS Case 2021-D011) ↗ · proposed 2026-05-07 · comments due 2026-07-06
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · final rule 2025-09-10 · effective 2025-11-10
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023); Correction ↗ · final rule 2025-08-28 · effective 2025-08-28
- Defense Federal Acquisition Regulation Supplement: Disclosure of DoD Funding in Technical Publications (DFARS Case 2024-D003) ↗ · proposed 2025-08-25 · comments due 2025-10-24
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023) ↗ · final rule 2025-08-25 · effective 2025-08-25
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.