Class Deviation 2020-O0015
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 the People’s Republic of China;
    • 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;
    • 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
    • Uses network connectivity or data storage located in, or administered by an entity 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
    • By an entity domiciled in the People’s Republic of China.

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remains in effect until it is incorporated in the Defense Federal Acquisition Regulation Supplement or otherwise rescinded.

Status:
Active
Effective Date: May 29, 2020 (2 years ago)
Expire Date: None Given
Official Documents: Memo
Official Attachments: 1 2
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