FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities. Basic (Nov 2024) (Current)

As prescribed in 40.202–8, insert the clause at 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities, in all solicitations and contracts.

Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities. (Nov 2024)

(a)    Definitions. As used in this clause—
American Security Drone Act— covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act— covered foreign entity.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).


(b)    Prohibition. The Contractor is prohibited from—

        (1)    Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of Pub. L. 118–31, 41 U.S.C. 3901 note prec.);

        (2)    On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118–31, 41 U.S.C. 3901 note prec.); and

        (3)    On or after December 22, 2025, using Federal funds for the procurement or operation of a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

(c)    Procedures. The Contractor shall search SAM at https://www.sam.gov for the FASC-maintained list of American Security Drone Act—covered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. Additionally, the Contractor shall ensure any effort or expenditure associated with a FASC- prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(d)    Exemptions, exceptions, and waivers. The prohibitions in this clause do not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118–31 (41 U.S.C. 3901 note prec.) for statutory requirements pertaining to exemptions, exceptions, and waivers.

(e)    Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

 

(e)    Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

Mandatory;
(SAM.gov clause) ✔ 

52.209-1 Qualification Requirements.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.246-1 Contractor Inspection Requirements.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements.

52.246-14 Inspection of Transportation.

52.246-15 Certificate of Conformance.

52.246-16 Responsibility for Supplies.

52.246-2 Inspection of Supplies-Fixed-Price.

52.246-3 Inspection of Supplies-Cost-Reimbursement.

52.246-4 Inspection of Services-Fixed-Price.

52.246-5 Inspection of Services-Cost-Reimbursement.

52.246-6 Inspection-Time-and-Material and Labor-Hour.

52.246-7 Inspection of Research and Development-Fixed-Price.

52.246-8 Inspection of Research and Development-Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.247-4 Inspection of Shipping and Receiving Facilities.

52.248-3 Value Engineering-Construction.

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

52.204-28 Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition.

52.223-23 Sustainable Products and Services.

252.232-7018 Progress Payments-Multiple Lots.

252.217-7005 Inspection and Manner of Doing Work.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

252.239-7000 Protection Against Compromising Emanations.

252.225-7065 Restriction on Acquisition of Fuel for Overseas Contingency Operations.

252.270-7000 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.

252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.

252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

252.215-7015 Program Should-Cost Review.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR)

3052.217-92 Inspection and manner of doing work (USCG).

3052.217-96 Title (USCG).

3052.217-100 Guarantee (USCG).

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.238-119 Single-use Plastic (SUP) Free Packaging Availability.

552.238-120 Economic Price Adjustment—Federal Supply Schedule Contracts.

552.270-9 Inspection—Right of Entry.

552.211-70 Substantial Completion.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.236-11 Use and Possession Prior to Completion.

552.236-6 Superintendence by the Contractor.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-100 Transshipments.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

752.226-70 Trade and Investment Activities and the ‘‘Impact on U.S. Jobs’’ and ‘‘Workers’ Rights.’’

752.231-72 Conference Planning and Required Approval

752.239-71 Information and Communication Technology Accessibility.

752.227-71 Planning, Collection, and Submission of Digital Information to USAID.

752.242-71 Activity Monitoring, Evaluation, and Learning Plan.

752.7003 Documentation for Payment.

752.7006 Notices.

752.7007 Personnel Compensation.

752.7010 Conversion of U.S. Dollars to Local Currency.

752.7015 Use of Pouch Facilities.

752.7025 Approvals.

752.7030 Inspection Trips by Contractor's Officers and Executives.

952.203-1 Identification of contractor employees.

970.5204-3 Access to and ownership of records.

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