Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
FAR 52.240-1 implements the American Security Drone Act restrictions on unmanned aircraft systems (UAS) that are manufactured or assembled by an American Security Drone Act-covered foreign entity. This clause covers the required definitions of key terms, the core prohibitions on delivering, operating, and funding certain UAS, the contractor’s duty to check the System for Award Management (SAM) before proposing or using any UAS, and the requirement to follow only those exemptions, exceptions, or waivers that are expressly identified in the contract. It also addresses subcontract flowdown, including to commercial products and commercial services subcontracts. In practice, the clause is meant to keep prohibited foreign-made drone systems out of federal procurement and contract performance, and to ensure contractors do not use federal funds or contract performance to support restricted systems after the statutory effective date. For contractors, this means supply chain screening, documentation, and contract-by-contract compliance review before any drone is proposed, purchased, or flown. For contracting officers, it means ensuring the clause is included when prescribed and that any applicable waiver or exception is clearly stated in the contract.