Authority
Section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 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. Contracting officers may not enter into or renew contracts for unmanned aircraft systems (UAS), related services or equipment, or UAS detection systems that originate from covered foreign countries. Effective October 1, 2024, contracting officers also may not contract with entities that operate equipment from covered UAS companies during Department of Defense (Department of Defense (DoD)) contract performance.
Contracting Officer Actions
1
Do not enter into or renew contracts for a UAS, related services or equipment, or UAS detection systems manufactured in or by entities domiciled in a covered foreign country.
2
Do not enter into or renew contracts, on or after October 1, 2024, with entities operating equipment from covered UAS companies during DoD contract performance.
3
Use provision 252.225-7973 in solicitations, including commercial (Part 12) acquisitions, unless an exception or waiver applies.
4
Use clause 252.225-7972 in solicitations and contracts, including commercial (Part 12) acquisitions, unless an exception or waiver applies.
5
If a waiver has been granted for a specific acquisition, obtain a copy from the requiring activity or program manager before making award.
6
Include a copy of the approved waiver in the contract file.
Exceptions to Prohibition
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.
Waiver Authority
The Secretary of Defense may grant case-by-case waivers. The Secretary must certify in writing to the congressional defense committees that the procurement is required in the national interest.
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 UAS companies include Da-Jiang Innovations and its subsidiaries or affiliates. They also include entities on the Consolidated Screening List or entities domiciled in a covered foreign country.
Effective Until
This deviation remains in effect until incorporated into the Defense Federal Acquisition Regulation Supplement or rescinded.
Point of Contact
Direct deviation questions to Mr. Jeff Grover at (703) 697-6710 or jeffrey.c.grover.civ@mail.mil. Submit UAS policy questions to osd.pentagon.ousd-a-s.mbx.cots-uas@mail.mil.
Affected Provisions and Clauses
252.225-7972
CLAUSE
Modify clause 252.225-7972
MODIFIED
252.225-7973
CLAUSE
Modify clause 252.225-7973
MODIFIED