Attachment S - 252.225-7054 (JAN 2023) DFARS.pdf
PDF 47 KB Posted
- Solicitation number
- SPE60126R0302
- Issued by
-
Defense Logistics Agency Energy
About this file
This is a DFARS contract clause (252.225-7054) addressing energy sourcing restrictions for Department of Defense operations. The clause prohibits contractors from using energy sourced from inside the Russian Federation to generate furnished energy for covered military installations in Europe identified as main operating bases, unless an approved waiver is obtained. The restriction applies to all forms of energy provided to these installations for any purpose, including heating, cooling, and electricity. However, the prohibition does not apply to energy that has been converted by a third party into another form of energy and is not directly delivered to the covered military installation.
Contractors are required to flow down the substance of this clause to all subcontracts and commercial instruments related to the furnishing of energy at covered military installations, including subcontracts for commercial products. The clause is based on section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) and became effective January 2023.
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Text version
252.225-7054 (JAN 2023) DFARS
PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN
FEDERATION (JAN 2023)
(a) Definitions. As used in this clause—
Covered military installation means a military installation in Europe identified by DoD as a main operating base.
Furnished energy means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.
Main operating base means a facility outside the United States and its territories with permanently stationed operating forces and robust infrastructure.
(b) Prohibition. In accordance with section 2821 of the National Defense Authorization Act for Fiscal Year 2020 ( Pub. L. 116-92), the Contractor shall not use in the performance of this contract any energy sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation unless a waiver is approved. The prohibition—
(1) Applies to all forms of energy that are furnished to a covered military installation; and
(2) Does not apply to energy converted by a third party into another form of energy and not directly delivered to a covered military installation.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts and other commercial instruments that are for furnished energy at a covered military installation, including subcontracts and commercial instruments for commercial products.
(END OF CLAUSE)
https://www.govinfo.gov/link/plaw/116/public/92?link-type=html
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