Office for Research Protections | Unmanned Air Systems
A new Defense Federal Acquisition Regulation Supplement (DFARS) prohibits procurement or use of foreign-made unmanned aircraft systems or any related services or equipment on Department of Defense (DoD) funded projects.
In Brief, what does this mean?
• The new DFARS clauses will only apply to a solicitation or a contract to the extent they have been incorporated into a solicitation or a contract by DoD.
• The clauses will not apply retroactively to DoD contracts unless the contracts are formally modified to incorporate them.
• DFARS clauses are only incorporated into contracts, not grants or cooperative agreements, but DoD could incorporate a similar requirement into grants and cooperative agreements in full text.
• The DFARS clauses do not apply to a UAS or related services or equipment purchased with non-DoD funds. If a drone or related services or equipment manufactured in the People’s Republic of China was purchased with NSF funds, USDA funds, university funds, etc., they can still be used for those agency-funded projects.
• In addition to prohibiting the purchase of a drone or related services or equipment manufactured in the People’s Republic of China for performance of a DoD project, the clauses also prohibit the use of such drones in the performance of a DoD project. Thus, if the drone or any related services or equipment were purchased with non-DoD funds, you may also be prohibited from using the drone or related services or equipment on a DoD project if the contract contains the referenced clauses.
• Please refer to the DFAR clauses linked above for the full text.
Who should questions be directed to?
Questions related to the terms of your solicitation or contract should be directed to your respective contact in the Office of Sponsored Programs.
Questions related to UAS operations should be directed to uas-orp@psu.edu.