AMS 3.8.9-8 UAS (3).pdf

Attachment 2: New AMS clause 3.8.9-8

The following is a new AMS Procurement clause. COs must incorporate the clause in all new SIRs and Contracts and in existing contracts prior to exercising an option or otherwise extending the period of performance.

3.8.9-8 Prohibition on Procurement or Operation of Covered Unmanned Aircraft Systems (INTERIM December 2025)

(a) Definitions. As used in this clause—

(1) Counter-UAS system. The term "counter-UAS system" means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system. (49 USC 44801(5)).

(2) Covered Foreign Country. The term ‘‘covered foreign country’’ means any of the following:

(A)The People’s Republic of China.

(B) The Russian Federation.

(C) The Islamic Republic of Iran.

(D)The Democratic People’s Republic of Korea.

(E) The Bolivarian Republic of Venezuela.

(F) The Republic of Cuba.

(G) Any other country as determined by the Secretary of Transportation or delegee.

(3) Covered Foreign Entity. The term ‘‘covered foreign entity’’ means—

(A) an entity included on the list developed and maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM);

(B) an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;

(C) an entity that is domiciled in, or under the influence or control of, a covered foreign country; or

(D) an entity that is a subsidiary or affiliate of an entity described under subparagraphs (A) through (C).

(4) Covered Unmanned Aircraft System. The term ‘‘covered unmanned aircraft system’’ means—

(A) a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and

(B) an unmanned aircraft detection system or counter-UAS system that is manufactured or assembled by a covered foreign entity.

(5) Small unmanned aircraft. The term "small unmanned aircraft" means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft. (49 USC 44801(9)).

(6) Unmanned aircraft. The term "unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (49

USC 44801(11)).

(7) Unmanned Aircraft System. The term ‘‘unmanned aircraft system’’ means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system. (49 USC 44081(12)).

(b) Prohibition. The Contractor is prohibited from delivering or operating a covered unmanned aircraft system in the performance of this contract.

(c) Procedures. Prior to proposing, or using in performance of the contract, any unmanned aircraft system, the Contractor must conduct due diligence to verify whether the unmanned aircraft system is a covered unmanned aircraft system. This due diligence must, at a minimum, include a search of SAM at https://www.sam.gov for the FASC-maintained list of covered foreign entities. The Contractor must ensure that any effort or expenditure associated with a covered unmanned aircraft system is consistent with a corresponding exemption or waiver expressly stated in the contract.

(d) Exemptions and waivers. The prohibitions in this clause do not apply where the FAA has determined that an exemption or waiver applies and the contract indicates that an exemption or waiver applies. [See sections 1823 through 1825 and 1832 of Public Law 118-31 and Section 936 of Public Law 118-63 for statutory requirements pertaining to applicable exemptions and waivers.].

(e) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

Prescription: Must be used all in SIRs and contracts.

UCF Section: I

Include by Reference