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

Summary

Contracting Officers may not enter into or renew contracts for unmanned aircraft systems (UAS) or UAS detection systems manufactured or controlled by Chinese entities. Two new Defense Federal Acquisition Regulation Supplement deviation clauses implement this prohibition. Exceptions apply for counter-UAS testing and certain intelligence and electronic warfare operations.

Required Contracting Officer Actions

1. Do not enter into or renew a contract for a UAS, related services or equipment, or a UAS detection system that is manufactured by or connected to People's Republic of China entities.
2. Include provision 252.225-7973 in all solicitations except those meeting the counter-UAS testing or intelligence/electronic warfare exceptions or covered by a Secretary of Defense waiver.
3. Include clause 252.225-7972 in all solicitations and contracts except those meeting the counter-UAS testing or intelligence/electronic warfare exceptions or covered by a Secretary of Defense waiver.
4. If a waiver has been granted, obtain a copy from the requiring activity or program manager before award. Place the approved waiver in the contract file.

Affected Provisions and Clauses

252.225-7972, (Clause)

• Change type: MODIFIED
• Action: Modify clause 252.225-7972

252.225-7973, (Clause)

• Change type: MODIFIED
• Action: Modify clause 252.225-7973

Notes

Waiver Authority: Only the Secretary of Defense may grant waivers. A waiver requires a written certification to the congressional defense committees that the procurement is required in the national interest.

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

Effective Period: This deviation remains in effect until incorporated into the DFARS or otherwise rescinded.

Suggested Questions