Authority
Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92)
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.
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.
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This deviation remains in effect until incorporated into the DFARS or otherwise rescinded.
Affected Provisions and Clauses
252.225-7972
CLAUSE
Modify clause 252.225-7972
MODIFIED
252.225-7973
CLAUSE
Modify clause 252.225-7973
MODIFIED