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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.

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 DFARS provision requires an offeror to represent, when submitting an offer, that it is not an institution of higher education hosting a Confucius Institute, or that it has obtained a waiver approved by OUSD(R&E). It matters because DoD may not award a contract to an institution of higher education that hosts a Confucius Institute unless a waiver is received, and the waiver authority terminates on October 1, 2026.

Applies to: Offerors responding to DoD solicitations that include this provision

What it requires

  • By submission of an offer, represent that it is not an institution of higher education that hosts a Confucius Institute, or that it has obtained a waiver approved by OUSD(R&E)

Key terms: Confucius Institute · Institution of higher education · OUSD(R&E) · Waiver · Offeror

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

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)

Sections it refers to

Sections that refer to it

  • 209.170-4 Solicitation provision.
  • 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.

← 252.209-7010 Critical Safety Items. · 252.209-7012 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification. →

Rule changes for DFARS Part 252

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education · SpendQuery