FAR 40.202-7—Procedures.
Plain-English Summary
FAR 40.202-7 sets out the contracting officer’s procedures for handling exemptions, exceptions, and waivers related to the Federal Acquisition Security Council (FASC) restrictions on unmanned aircraft systems, and for reviewing proposals for prohibited systems. It requires the contracting officer to document any exemption, exception, or waiver provided by the program office or requiring activity in the contract file, and to work with those offices to make sure the existence and scope of the relief are clearly identified in the solicitation and resulting contract. It also requires a proposal review process to ensure offerors are not proposing delivery of a FASC-prohibited unmanned aircraft system unless an exemption, exception, or waiver applies. Beginning on or after December 22, 2025, that review expands from proposed delivery to include proposed operation as well. In practice, this section is meant to prevent prohibited drone systems from entering the acquisition, ensure any authorized relief is properly documented and flowed into the solicitation and contract, and give contracting personnel a clear compliance checkpoint before award.
Key Rules
Document all relief
The contracting officer must place any exemption, exception, or waiver from the program office or requiring activity in the contract file. This creates an audit trail showing why the acquisition is allowed to proceed despite the general restriction.
Identify scope in contract
The contracting officer must work with the program office or requiring activity to ensure the presence and scope of any exemption, exception, or waiver are clearly stated in the solicitation and the resulting contract. The relief should be specific enough that everyone understands what is permitted and what remains prohibited.
Review proposals for prohibited UAS
Unless an exemption, exception, or waiver applies, the contracting officer must work with the program office or requiring activity to review proposals to confirm offerors are not proposing delivery of a FASC-prohibited unmanned aircraft system. This is a pre-award compliance check, not a post-award cleanup step.
Expanded review after Dec. 22, 2025
On or after December 22, 2025, the proposal review must also cover proposed operation of a FASC-prohibited unmanned aircraft system, not just delivery. This means the acquisition team must screen for both procurement and operational use of prohibited systems.
Coordinate with program office
The section assumes active coordination between the contracting officer and the program office or requiring activity. The contracting officer is not acting alone; the technical or mission office must help identify whether relief exists and whether a proposal implicates the restriction.
Responsibilities
Contracting Officer
Document any exemption, exception, or waiver in the contract file; coordinate with the program office or requiring activity to ensure the relief is identified and properly scoped in the solicitation and contract; and review proposals for FASC-prohibited unmanned aircraft systems, including operation after December 22, 2025, unless relief applies.
Program Office / Requiring Activity
Provide any exemption, exception, or waiver to the contracting officer; help define the scope of the relief; and support proposal review to determine whether an offeror is proposing a prohibited unmanned aircraft system or, after the effective date, its operation.
Offerors / Contractors
Avoid proposing delivery of a FASC-prohibited unmanned aircraft system unless an applicable exemption, exception, or waiver exists; and, on or after December 22, 2025, avoid proposing operation of such a system unless authorized relief applies.
Agency Acquisition Team
Ensure the solicitation and contract reflect any approved exemption, exception, or waiver and that acquisition review procedures are in place to screen for prohibited unmanned aircraft systems before award.
Practical Implications
This section creates a mandatory file-documentation and solicitation/contract-clarity requirement, so missing paperwork or vague wording can create compliance risk even when relief was intended.
Contracting officers should not assume the program office has already handled the issue; they must verify that any exemption, exception, or waiver is actually captured in the file and in the contract language.
Proposal evaluation should include a specific check for prohibited unmanned aircraft systems, especially in acquisitions that could involve drones, surveillance platforms, or related services.
After December 22, 2025, teams must broaden their review to include operational use, which means a proposal can be problematic even if it does not propose delivery of the prohibited system.
A common pitfall is failing to distinguish between delivery and operation; the rule changes over time, so acquisition teams should use the correct standard based on the award date and the applicable exception or waiver status.
Official Regulatory Text
(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.