FAR 40.202-1—Scope.
Plain-English Summary
FAR 40.202-1 is a scope provision that tells readers what FAR 40.202 is about and how long one of its related authorities remains available. It states that section 40.202 covers the policies and procedures for the procurement and operation of unmanned aircraft systems (UAS), including unmanned aircraft (drones) and their associated elements, so users know this part of the FAR addresses both buying and using the system, not just the aircraft itself. It also flags a time limit: the authorities in 40.203 expire on December 22, 2028, under section 1833 of Public Law 118-31 and the cited U.S. Code note. In practice, this section matters because it defines the regulatory reach of the UAS rules and warns contracting personnel that any authority in 40.203 is temporary and must be checked for continued validity before use. For contractors and agencies, the section is a roadmap and a caution sign: it identifies the subject matter covered and highlights a sunset date that could affect planning, procurement strategy, compliance, and operational approvals.
Key Rules
UAS procurement and operation
Section 40.202 covers both the procurement and the operation of unmanned aircraft systems. That means the rules apply not only to acquisition actions, but also to how the systems are used once acquired.
Includes drones and components
The scope expressly includes unmanned aircraft, commonly called drones, and associated elements. In practice, this means the section reaches the full system and related parts, not just the air vehicle itself.
Section 40.203 authority sunsets
The authorities in 40.203 expire on December 22, 2028. Users must treat any reliance on that authority as time-limited and verify whether it remains in effect before acting.
Statutory basis controls duration
The expiration date comes from section 1833 of Public Law 118-31 and the related U.S. Code note. This signals that the authority is tied to specific legislation rather than being permanent FAR authority.
Responsibilities
Contracting Officers
Use this scope provision to determine whether a UAS requirement falls within FAR 40.202 and to confirm whether any action depends on the temporary authority in 40.203. Before relying on that authority, verify the current legal status and expiration date.
Agencies
Apply the policies and procedures in section 40.202 when procuring or operating UAS, and track the sunset of 40.203 authority in planning, policy, and internal approvals. Agencies should ensure their UAS actions remain aligned with the current statutory timeframe.
Contractors
Recognize that federal UAS procurements and operations may be governed by this section and that any authority under 40.203 may not be available after December 22, 2028. Contractors should monitor solicitation terms and compliance requirements tied to UAS acquisition and use.
Practical Implications
This section is mainly a scope-and-warning provision: it tells you what subject matter is covered and alerts you to a sunset date, so it is easy to overlook but important for compliance.
A common pitfall is assuming the UAS authority is permanent; any process or approval based on 40.203 should be checked against the expiration date before award or operational use.
Because the scope includes both procurement and operation, teams should not limit their review to buying the drone itself; associated elements and post-award use may also be implicated.
Contracting officers and program offices should build the sunset date into acquisition planning, especially for long-lead procurements, option periods, sustainment, and operational authorizations.
If a solicitation, contract clause, or internal policy cites 40.203, users should confirm whether the authority is still active at the time of action and whether any replacement authority or updated guidance applies.
Official Regulatory Text
(a) Section 40.202 prescribes policies and procedures regarding the procurement and operation of unmanned aircraft systems, which includes unmanned aircraft (i.e., drones) and associated elements. (b) The authorities in 40.203 expire on December 22, 2028 (section 1833 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).