Subpart 40.2
Security Prohibitions and Exclusions
Federal agencies and contractors are prohibited from procuring or operating unmanned aircraft systems from certain foreign entities to protect national security.
Overview
FAR Subpart 40.2 establishes prohibitions and exclusions related to information security and supply chain security, specifically focusing on unmanned aircraft systems (UAS) and their procurement or operation by federal agencies. The subpart implements restrictions stemming from the American Security Drone Act, targeting UAS manufactured or assembled by certain foreign entities deemed security risks. It defines key terms and outlines the scope of prohibited activities to ensure federal contracts do not support or utilize UAS from covered foreign sources, thereby mitigating potential threats to national security and sensitive government operations.
Key Rules
- Scope of Subpart (40.200)
- Applies to federal procurement and operation of UAS, with a focus on security-related prohibitions.
- Definitions (40.201)
- Provides definitions for terms such as "covered foreign entity" and other relevant terminology for compliance.
- Prohibition on UAS Procurement/Operation (40.202)
- Prohibits agencies from procuring or operating UAS manufactured or assembled by entities covered under the American Security Drone Act.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts comply with prohibitions, verify sources of UAS, and avoid covered foreign entities.
- Contractors: Must certify and demonstrate that any UAS provided or operated are not from prohibited sources.
- Agencies: Responsible for oversight, enforcement, and reporting of compliance with these prohibitions.
Practical Implications
- This subpart exists to protect federal information and supply chains from foreign threats via UAS technology.
- It impacts acquisition planning, vendor selection, and ongoing contract management for any contract involving UAS.
- Common pitfalls include failure to verify the origin of UAS or misunderstanding the definition of a covered foreign entity.