40.202-7 Procedures
Source: FAR 40.202-7 on acquisition.gov
Contracting officers must document and coordinate any exemptions, exceptions, or waivers for prohibited unmanned aircraft systems, and rigorously review proposals to ensure compliance with FASC restrictions.
Overview
FAR 40.202-7 outlines the procedures contracting officers must follow regarding exemptions, exceptions, or waivers related to the prohibition on procuring or operating unmanned aircraft systems (UAS) from covered foreign entities. It requires thorough documentation of any such exemptions, exceptions, or waivers in the contract file and mandates coordination with the program office to ensure these are clearly identified in both the solicitation and the contract. Additionally, contracting officers must review proposals to ensure they do not include delivery (and, after December 22, 2025, operation) of UAS prohibited by the Federal Acquisition Security Council (FASC), unless an exemption, exception, or waiver applies.
Key Rules
- Documenting Exemptions, Exceptions, or Waivers
- Contracting officers must document any exemption, exception, or waiver in the contract file and ensure these are reflected in the solicitation and contract.
- Assessment of Unmanned Aircraft Systems
- Proposals must be reviewed to ensure they do not propose delivery (and, after December 22, 2025, operation) of FASC-prohibited UAS, unless covered by an exemption, exception, or waiver.
Responsibilities
- Contracting Officers: Must document and coordinate exemptions, exceptions, or waivers, and review proposals for compliance with UAS prohibitions.
- Contractors: Must ensure proposals do not include prohibited UAS unless an exemption, exception, or waiver is granted and documented.
- Agencies: Program offices must coordinate with contracting officers to identify and scope any exemptions, exceptions, or waivers.
Practical Implications
- This section ensures transparency and compliance in the procurement and operation of UAS, particularly those from covered foreign entities.
- It impacts proposal review processes and contract documentation, requiring close coordination between contracting officers and program offices.
- Failure to properly document or review could result in noncompliance and potential contract disputes.
(a) Documenting exemptions, exceptions, or waivers. The contracting officer shall document the file with any exemption, exception, or waiver provided by the program office or requiring activity. Additionally, the contracting officer shall work with the program office or requiring activity to ensure the presence and scoping of any such exemptions, exceptions, or waivers are identified in the solicitation and resultant contract.
(b) Assessment of unmanned aircraft systems. Except where an exemption, exception, or waiver applies, the contracting officer shall work with the program office or requiring activity to review proposals to ensure they are not proposing delivery of a FASC-prohibited unmanned aircraft system. On or after December 22, 2025, this assessment shall expand to include review for not only proposed delivery, but also operation, of a FASC-prohibited unmanned aircraft system.