FAR 40.202-5 Exceptions
Subsection Federal Acquisition Regulation
Facts
- Citation
- FAR 40.202-5
- Type
- Subsection
- Last amended
- 89 FR 89464 Effective Nov 12, 2024
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
The prohibitions in this section do not apply to the following (section 1832 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.):
(a) Wildfire management operations and search and rescue operations exception. The prohibitions in section 40.202 do not apply to an appropriate Federal agency to the extent that an authorized official at the agency, in consultation with the Secretary of Homeland Security, determines that the procurement or operation is necessary for the purposes of supporting the full range of wildfire management operations or search and rescue operations.
(b) Intelligence activities exception. The prohibitions of 40.202 do not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activities of the United States, or any activity or procurement that supports an authorized intelligence activity.
(c) Tribal law enforcement or emergency service agency exception. The prohibitions in 40.202 do not apply to Tribal law enforcement or Tribal emergency service agencies to the extent that an authorized official at the agency, in consultation with the Secretary of Homeland Security, determines that the procurement or operation is necessary for the purposes of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Federal Acquisition Regulation: Prohibition on Unmanned Aircraft Systems From Covered Foreign Entities |
Sections cited
- FAR 40.202 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities. s
Quick answers
What is FAR 40.202-5?
FAR 40.202-5 is a subsection of the Federal Acquisition Regulation, titled "Exceptions".
When was FAR 40.202-5 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Prohibition on Unmanned Aircraft Systems From Covered Foreign Entities" (89 FR 89464), published Nov 12, 2024 and effective Nov 12, 2024.
Are changes to FAR 40.202-5 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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