Clauses · DFARS · Banned sources and products · provision
DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation
Does the regulation require it to flow down?
No
No mandate: a solicitation provision with no subcontracts paragraph, prescribed for solicitations only. Primes flow it down because the representation's own text is written about the offeror's whole government-facing business — 'in the performance of any contract, subcontract, or other contractual instrument' — so they want the same words on the record from the sub. All three GDMS SCM templates (2026-07-20) list it in the same block as 252.204-7008, -7017, -7019 and -7025, i.e. a block of five solicitation provisions flowed down as if they were clauses
A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.
Checked against acquisition.gov on 2026-08-05 · edition DEC 2019 · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Something you fill in and send back
Hours, once you know which one is missing.
The representation, one box: whether you do or do not provide covered defense telecommunications equipment or services to the Government under any contract, subcontract or other instrument
DFARS 252.204-7016(c)
When it is used
Solicitation provision. Goes in ALL DoD solicitations, including those using FAR part 12 procedures for commercial products and commercial services, and solicitations for task orders and delivery orders, basic ordering agreements (BOAs), orders against BOAs, blanket purchase agreements (BPAs), and calls against BPAs (204.2105(a); re-prescribed at 240.270-6(a) by DoD Class Deviation 2026-O0025, effective 2026-02-01). No dollar threshold and no COTS exception — this one reaches further than 252.204-7012 does.
Read closely
Before answering, the excluded parties list in SAM is reviewed for entities barred from federal awards for that equipment or those services. The question covers your whole government-facing business rather than this order, and it is one of the annual representations in SAM. A 'does not' answer leaves nothing to complete in the companion provision DFARS 252.204-7017. Covered means Huawei, ZTE or a subsidiary or affiliate, services using their equipment, and anything from an entity the Secretary of Defense believes is owned, controlled by or connected to the government of China or Russia. The continuing duty sits in the clause, DFARS 252.204-7018.
The 3 templates that name it, with the line
Source: acquisition.gov, DFARS 252.204-7016, DFARS 204.2105(a) and DFARS 212.301(f); DoD Class Deviation 2026-O0025 (acquisition.gov, DoD_RFO_Deviation_Part-40.pdf), DFARS 240.270-2, 240.270-6(a) and provision text at Attachment A1 (verified 2026-08-05)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.