48 CFR § 252.209-7011 - 252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.

---
identifier: "/us/cfr/t48/s252.209-7011"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 252.209-7011 - 252.209-7011   Representation for Restriction on the Use of Certain Institutions of Higher Education."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "252.209-7011"
section_name: "252.209-7011   Representation for Restriction on the Use of Certain Institutions of Higher Education."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "H"
subchapter_name: "CLAUSES AND FORMS"
part_number: "252"
part_name: "SOLICITATION PROVISIONS AND CONTRACT CLAUSES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36479, July 31, 1991, unless otherwise noted."
cfr_part: "252"
---


# 252.209-7011 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]