40.202-2
Applicability
Section 40.202-2 makes the UAS procurement prohibition applicable to all federal contracts, including micro-purchases and commercial item acquisitions, leaving no exceptions based on contract size or type.
Overview
Section 40.202-2 establishes that the prohibitions and requirements outlined in Section 40.202 apply universally to all federal acquisitions, regardless of contract value or type. This includes contracts at or below the micro-purchase threshold, as well as those for commercial products and commercial services. The regulation ensures that the restrictions on procuring and operating unmanned aircraft systems (UAS) from certain foreign entities are not limited by contract size or category, thereby closing potential loopholes and ensuring comprehensive compliance across all procurement activities.
Key Rules
- Universal Applicability
- The prohibitions in Section 40.202 apply to every acquisition, including micro-purchases and commercial item contracts.
- No Exemptions by Contract Type or Value
- There are no exceptions based on contract value or whether the contract is for commercial products or services.
Responsibilities
- Contracting Officers: Must ensure compliance with Section 40.202 for all acquisitions, regardless of size or type.
- Contractors: Must not offer or operate prohibited UAS, even for small or commercial contracts.
- Agencies: Must enforce the prohibition across all procurement activities and ensure oversight mechanisms are in place.
Practical Implications
- This section exists to prevent circumvention of UAS procurement restrictions through small or commercial contracts.
- It impacts daily contracting by requiring vigilance on all purchases, including those that might otherwise be considered routine or low-risk.
- Common pitfalls include overlooking micro-purchases or commercial item buys, which are equally subject to the prohibition.