Definitions
FAR 40.201 defines key terms that determine which unmanned aircraft systems and manufacturers are prohibited in federal contracts due to security concerns.
Overview
FAR 40.201 provides definitions for key terms used in Subpart 40.2, which addresses security prohibitions and exclusions related to unmanned aircraft systems (UAS) in federal contracting. The section clarifies what constitutes an "American Security Drone Act-covered foreign entity," a "FASC-prohibited unmanned aircraft system," as well as the definitions for "unmanned aircraft" and "unmanned aircraft system." These definitions are critical for understanding compliance requirements regarding the procurement and use of UAS, especially those manufactured or assembled by entities identified by the Federal Acquisition Security Council (FASC) and listed in the System for Award Management (SAM). Understanding these terms is essential for contractors and contracting officers to ensure they do not inadvertently procure or use prohibited UAS in federal contracts.
Key Rules
- American Security Drone Act-covered foreign entity
- Defined as an entity listed by the FASC and published in SAM, subject to specific prohibitions.
- FASC-prohibited unmanned aircraft system
- Refers to UAS manufactured or assembled by a covered foreign entity, which are subject to procurement restrictions.
- Unmanned aircraft and unmanned aircraft system
- Clarifies the technical definitions to ensure proper identification and compliance.
Responsibilities
- Contracting Officers: Must verify that UAS offered or used in contracts are not from prohibited entities.
- Contractors: Must ensure their UAS products and components are not sourced from covered foreign entities.
- Agencies: Responsible for maintaining awareness of the FASC list and enforcing compliance.
Practical Implications
- This section exists to prevent the procurement and use of potentially insecure UAS from foreign entities deemed a security risk.
- It impacts daily contracting by requiring due diligence in sourcing and verifying UAS origins.
- Common pitfalls include failing to check the SAM list or misunderstanding the definitions, leading to compliance violations.