40.202-7
Procedures
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.