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—
(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)
(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.