# Class Deviation 2024-O0014
# Class Deviation 2024-O0014 – Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems

Status: Active
Date Issued: August 2024
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers
Authority: Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) and section 817 of the NDAA for FY 2023 (Pub. L. 117-263)

## Summary

This deviation rescinds and supersedes Class Deviation 2020-O0015 and prohibits DoD contracting officers from entering into or renewing contracts for unmanned aircraft systems or related services and equipment that are manufactured in or linked to covered foreign countries, including China, Russia, Iran and North Korea. Beginning October 1, 2024, the prohibition also bars contracts with entities that operate equipment from covered UAS companies such as Da-Jiang Innovations or entities on the Consolidated Screening List. Two new DFARS clauses implement the prohibition and must be included in solicitations and contracts unless a statutory exception or Secretary of Defense waiver applies.

## Required Contracting Officer Actions

1. Do not enter into or renew a contract for a UAS, related services or equipment, or a UAS detection or identification system that is manufactured in or linked to a covered foreign country, unless an exception applies or a waiver has been granted.
2. On or after October 1, 2024, do not enter into or renew a contract with an entity that operates equipment from a covered unmanned aircraft system company during DoD contract performance, 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 before making the award and include a copy of 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; include in all solicitations and contracts, including those using FAR part 12 procedures, unless an exception or waiver applies.

### 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; include in all solicitations, including those using FAR part 12 procedures, unless an exception or waiver applies.

## Notes

Exceptions to Prohibition: 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.

Covered Foreign Countries: Covered foreign countries are the People's Republic of China, the Russian Federation, the Islamic Republic of Iran and the Democratic People's Republic of Korea.

Covered UAS Companies: Covered unmanned aircraft system companies include Da-Jiang Innovations and any subsidiary or affiliate, any UAS producer or provider on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce, and any UAS producer or provider domiciled in a covered foreign country or subject to unmitigated foreign ownership, control or influence by a covered foreign country as determined by the Secretary of Defense.

Supersession: This deviation rescinds and supersedes Class Deviation 2020-O0015 effective immediately.

Point of Contact: The class deviation point of contact is Mr. Jeff Grover at (703) 697-6710 or jeffrey.c.grover.civ@mail.mil. UAS policy questions can be submitted to osd.pentagon.ousd-a-s.mbx.cots-uas@mail.mil.

Effectivity: This deviation remains in effect until incorporated into the Defense Federal Acquisition Regulation Supplement or otherwise rescinded.

## 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/USA001878-24-DPCAP.pdf