# Class Deviation 2020-O0015
# Class Deviation 2020-O0015 – Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems

Status: Active
Date Issued: 2020-05
Signed By: Kim Herrington, Acting Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers addressed in the memorandum, including those under U.S. Cyber Command, U.S. Special Operations Command, U.S. Transportation Command, the military departments and Defense Agencies and Field Activities
Authority: Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92)

## Summary

This deviation implements the procurement prohibition under section 848 of the NDAA FY2020, barring DoD contracting officers from entering into or renewing contracts for unmanned aircraft systems or UAS detection systems that are manufactured, developed or administered by entities in or domiciled in the People's Republic of China. Two new DFARS provisions are established requiring offeror representations and contractor obligations covering both prime contracts and subcontracts. Exceptions apply for counter-UAS surrogate testing and training and for intelligence, electronic warfare and information warfare operations, and the Secretary of Defense may grant case-by-case waivers certified in writing to congressional defense committees.

## Required Contracting Officer Actions

1. Do not enter into or renew a contract for a UAS or related services or equipment that is manufactured in, developed in or uses components, software, network connectivity or data storage from the People's Republic of China, unless an exception applies or a waiver has been granted.
2. Do not enter into or renew a contract for a system for the detection or identification of a UAS, or any related services or equipment, that is manufactured in the People's Republic of China or by an entity domiciled there, unless an exception applies or a waiver has been granted.
3. Include provision 252.225-7973 in all solicitations, including those using FAR part 12 procedures, unless an exception or waiver applies.
4. Include clause 252.225-7972 in all solicitations and contracts, including those using FAR part 12 procedures, unless an exception or waiver applies.
5. If a waiver has been granted for a specific acquisition, obtain a copy of the waiver from the requiring activity or program manager prior to making award and include the approved waiver in the contract file.

## Affected Provisions and Clauses

### 252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (Clause)
- Change type: NEW
- Action: New clause created by this deviation for use in solicitations and contracts, including those using FAR part 12 procedures, except when an exception or waiver applies. Prohibits contractors from providing or using prohibited Chinese-origin UAS or UAS detection systems and requires flowdown to all subcontracts.

### 252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (Provision)
- Change type: NEW
- Action: New provision created by this deviation for use in solicitations, including those using FAR part 12 procedures, except when an exception or waiver applies. Requires offerors to represent that they will not provide or use prohibited Chinese-origin UAS or UAS detection systems in performance.

## Notes

Exceptions: The prohibition does not apply to procurements for counter-UAS surrogate testing and training or for intelligence, electronic warfare and information warfare operations, testing, analysis and training.

Waiver authority: The Secretary of Defense may waive the prohibition on a case-by-case basis by certifying in writing to the congressional defense committees that the procurement is required in the national interest of the United States.

Duration: This class deviation remains in effect until incorporated into the DFARS or otherwise rescinded.

Point of contact: Questions may be directed to Mr. Jeff Grover at (703) 697-9352 or jeffrey.c.grover.civ@mail.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 252.225-7972 specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000827-20-DPC.pdf