SpendQueryBeta

FAR and DFARS › FAR Part 40: Information Security and Supply Chain Security › Subpart 40.2

FAR 40.202-5 Exceptions.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section lists exceptions to the prohibitions in FAR 40.202. It says those prohibitions do not apply to certain wildfire management and search and rescue operations, certain intelligence activities, and Tribal law enforcement or emergency service agencies, as described in the text. For contractors, this matters because work falling within these exceptions is not covered by the 40.202 prohibitions.

Applies to: Federal agencies and procurements or operations covered by the listed exceptions

Key terms: wildfire management operations · search and rescue operations · intelligence activities · Tribal law enforcement · Tribal emergency service agencies

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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 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.

Sections it refers to

  • 40.202 Prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by American Security Drone Act-covered foreign entities.

Sections that refer to it

← 40.202-4 Exemptions. · 40.202-6 Waivers. →

Rule changes for FAR Part 40

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 40.202-5 Exceptions · SpendQuery