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

FAR 40.202-6 Waivers.

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 allows the head of an agency to waive certain prohibitions under 40.202 on a case-by-case basis, following agency procedures and statutory waiver provisions. The waiver requires approval from the Director of the Office of Management and Budget after consulting with the FASC, and notification to specified congressional committees. For contractors, this means that a prohibition may be lifted in specific cases, but only through a formal waiver process involving high-level approval and congressional notification.

Applies to: The head of an agency granting waivers from prohibitions under 40.202

What it requires

  • Obtain approval from the Director of the Office of Management and Budget after consultation with the FASC
  • Notify the Committee on Homeland Security and Governmental Affairs of the Senate
  • Notify the Committee on Oversight and Accountability in the House of Representatives
  • Notify other appropriate congressional committees of jurisdiction

Key terms: waive · prohibitions · case-by-case basis · FASC · statutory waiver provisions

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

The text

The head of the agency may waive the prohibitions under 40.202 on a case-by-case basis in accordance with agency procedures and based on the statutory waiver provisions (sections 1823, 1824, and 1825 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.)—

(a) With the approval of the Director of the Office of Management and Budget, after consultation with the FASC; and

(b) Upon notification to—

(1) The Committee on Homeland Security and Governmental Affairs of the Senate;

(2) The Committee on Oversight and Accountability in the House of Representatives; and

(3) Other appropriate congressional committees of jurisdiction.

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

← 40.202-5 Exceptions. · 40.202-7 Procedures. →

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 40.202-6 Waivers · SpendQuery