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OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2020-O0015
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DIRECTORS, DEFENSE AGENCIES
DIRECTORS, DEFENSE FIELD ACTIVITIES
SUBJECT: Class Deviation—Prohibition on Procurement of Foreign-Made Unmanned Aircraft
Systems
Effective immediately, unless an exception applies or a waiver is granted, contracting
officers shall not enter into or renew a contract for the procurement of—
• An unmanned aircraft system (UAS), or any related services or equipment, that—
Is manufactured in the People’s Republic of China or by an entity domiciled in
o
the People’s Republic of China;
Uses flight controllers, radios, data transmission devices, cameras, or gimbals
o
manufactured in the People’s Republic of China or by an entity domiciled in the
People’s Republic of China;
Uses a ground control system or operating software developed in the People’s
o
Republic of China or by an entity domiciled in the People’s Republic of China; or
Uses network connectivity or data storage located in, or administered by an entity
o
domiciled in, the People’s Republic of China; or
• 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
o
By an entity domiciled in the People’s Republic of China.
o
DARS Tracking Number: 2020-O0015
This prohibition does not apply to procurements for the purposes of: counter-UAS
surrogate testing and training; or intelligence, electronic warfare, and information warfare
operations, testing, analysis, and training.
Contracting officers shall use the solicitation provision provided in Attachment 1 and the
contract clause provided in Attachment 2, as prescribed in the attachments.
This class deviation implements the procurement prohibition under section 848 of the
National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92). Pursuant to section
848, 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. If a waiver has been granted for a specific acquisition in
accordance with section 848, the contracting officer shall obtain a copy of the waiver from the
requiring activity or program manager prior to making the award. A copy of the approved waiver
shall be included in the contract file.
This class deviation remains in effect until it is incorporated in the Defense Federal
Acquisition Regulation Supplement or otherwise rescinded. My point of contact is Mr. Jeff
Grover, who is available at (703) 697-9352 or jeffrey.c.grover.civ@mail.mil.
Kim Herrington
Acting Principal Director,
Defense Pricing and Contracting
2
Attachment 1
Class Deviation 2020-O0015
Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems
252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems—Representation. (DEVIATION 2020-O0015)
Use the following provision in solicitations, including solicitations using FAR part
12 procedures for the acquisition of commercial items, unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations, texting,
analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with
section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-
92).
PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED
AIRCRAFT SYSTEMS—REPRESENTATION (MAY 2020) (DEVIATION 2020-
O0015)
(a) Prohibition. Section 848 of the National Defense Authorization Act for Fiscal
Year 2020 (Pub. L. 116-92) prohibits DoD from using or procuring—
(1) An unmanned aircraft system (UAS), or any related services or equipment,
that—
(i) Is manufactured in the People’s Republic of China or by an entity
domiciled in the People’s Republic of China;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or
gimbals manufactured in the People’s Republic of China or by an entity domiciled in the
People’s Republic of China;
(iii) Uses a ground control system or operating software developed in the
People’s Republic of China or by an entity domiciled in the People’s Republic of China;
or
(iv) Uses network connectivity or data storage located in, or administered by
an entity domiciled in, the People’s Republic of China; or
(2) A system for the detection or identification of a UAS, or any related services
or equipment, that is manufactured—
Page 1 of 2
Attachment 1
Class Deviation 2020-O0015
Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems
(i) In the People’s Republic of China; or
(ii) By an entity domiciled in the People’s Republic of China.
(b) Representations. By submission of its offer, the Offeror represents that it
will not provide or use—
(1) A UAS, as described in paragraph (a)(1) of this provision, in the
performance of any contract, subcontract, or other contractual instrument resulting
from this solicitation; and
(2) A system for the detection or identification of a UAS, as described in
paragraph (a)(2) of this provision, in the performance of any contract, subcontract,
or other contractual instrument resulting from this solicitation.
(End of provision)
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Attachment 2
Class Deviation 2020-O0015
Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems
252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems. (DEVIATION 2020-O0015)
Use the following clause in solicitations and contracts, including solicitations and
contracts using FAR part 12 procedures for the acquisition of commercial items,
unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations,
texting, analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with
section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L.
116-92).
PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS (MAY 2020)
(DEVIATION 2020-O0015)
(a) Prohibition. In accordance with section 848 of the National Defense
Authorization Act for Fiscal Year 2020, the Contractor shall not provide or use in
the performance of this contract—
(1) An unmanned aircraft system (UAS), or any related services or
equipment, that—
(i) Is manufactured in the People’s Republic of China or by an entity
domiciled in the People’s Republic of China;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or
gimbals manufactured in the People’s Republic of China or by an entity domiciled in
the People’s Republic of China;
(iii) Uses a ground control system or operating software developed in the
People’s Republic of China or by an entity domiciled in the People’s Republic of
China; or
(iv) Uses network connectivity or data storage located in, or
administered by an entity domiciled in, the People’s Republic of China; or
(2) A system for the detection or identification of a UAS, or any related
services or equipment, that is manufactured—
Page 1 of 2
Attachment 2
Class Deviation 2020-O0015
Prohibition on Procurement of Foreign-Made Unmanned Aircraft Systems
(i) In the People’s Republic of China; or
(ii) By an entity domiciled in the People’s Republic of China.
(b) Subcontracts. The Contractor shall insert the substance of this clause,
including this paragraph (b), in all subcontracts or other contractual instruments,
including subcontracts for the acquisition of commercial items.
(End of clause)
Page 2 of 2