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Clauses · FAR · Banned sources and products

FAR 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities

Does the regulation require it to flow down?

Yes

(e): 'in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services' — no threshold

Form
substance, including paragraph (e) itself
Reaches
all tiers, including commercial subcontracts

Checked against acquisition.gov on 2026-08-04 · edition NOV 2024 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Nothing to send, ever

    There is no paperwork here. It is a rule you follow while you perform the work.

    • Searching SAM for the covered foreign entity list before proposing or using any unmanned aircraft system in performance, and delivering none that is on it — since 2025-12-22 the ban also covers operating one on the work and spending federal funds to acquire or operate one

      FAR 52.240-1(c)

When it is used

Goes into EVERY federal contract: 40.202-8 prescribes it for 'all solicitations and contracts', and 40.202-2 confirms the prohibition reaches even contracts at or below the micro-purchase threshold and commercial/COTS contracts — in solicitations issued and contracts awarded on or after 2024-11-12. Flows down via (e) to all subcontracts, including commercial ones. It bites anyone who delivers UAS OR uses a drone in performance: aerial surveys, site inspection, progress filming.

Read closely

Nothing is submitted under this clause and no waiver is asked for: paragraph (b) holds the prohibitions, paragraph (c) is the SAM search, and paragraph (d) says the prohibitions do not apply where the agency has determined that an exemption, exception or waiver applies and the contract says so — an agency act, recorded in the document you already hold. Paragraph (e) carries the substance, including itself, into all subcontracts and other instruments including commercial ones, with no threshold. It bites on anyone who flies a drone for an aerial survey, a site inspection or progress filming, not only on a drone supplier, and both the manufacturer and the assembler have to be checked because the list is dynamic. The model text for the FAR overhaul prints this number as reserved and rebuilds the prohibition as FAR 52.240-91(c).

The 11 templates that name it, with the line
76CORPDOC 2A — FAR/DFARS Flowdown Provisions for Commercial Products/Services under a DoD Prime ContractLockheed Martinline 126143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 266155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 296233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 634166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 233769Northrop Grumman CTM-P-ST-002 — U.S. Government FFP or T&M Order for Commercial Products and ServicesNorthrop Grummanline 2372166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2279168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2378240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 1954106L3Harris LGL-50.F2 — General T&C and Flowdown Clauses for Commercial Products/Services under a U.S. Government ContractL3Harrisline 1639273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 399

Source: acquisition.gov, FAR 52.240-1, 40.202-2 and 40.202-8; Federal Register 2024-26061 (2024-11-12) (verified 2026-08-04)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.