40.202-8
Contract clause
All government solicitations and contracts must include the clause prohibiting unmanned aircraft systems from covered foreign entities to ensure compliance with national security requirements.
Overview
FAR 40.202-8 requires contracting officers to include 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. This clause enforces statutory restrictions on the procurement and use of unmanned aircraft systems (UAS) that are manufactured or assembled by entities identified as covered foreign entities under the American Security Drone Act. The intent is to prevent the introduction of potentially insecure or compromised UAS into government operations, thereby protecting national security and sensitive information.
Key Rules
- Mandatory Clause Inclusion
- The clause at 52.240-1 must be inserted in every solicitation and contract, regardless of contract type or value.
- Scope of Prohibition
- The prohibition applies to all UAS manufactured or assembled by covered foreign entities as defined by the American Security Drone Act.
Responsibilities
- Contracting Officers: Must ensure the clause at 52.240-1 is included in all solicitations and contracts involving UAS.
- Contractors: Must comply with the prohibition and ensure no covered foreign entity UAS are provided or operated under the contract.
- Agencies: Should oversee compliance and address any violations or exceptions as required by law.
Practical Implications
- This regulation exists to mitigate security risks associated with foreign-manufactured UAS.
- It impacts all government contracts involving UAS, requiring careful vetting of suppliers and products.
- Common pitfalls include failing to include the clause or inadvertently procuring prohibited UAS, which can result in contract violations or security breaches.