United StatesFederal Acquisition Supply Chain Security Act Orders: contractor representation, prohibition and reporting clauses (FAR 52.204-29 and 52.204-30)
Also known as FASCSA orders clauses.
48 CFR 52.204-29 and 52.204-30
In force since .
A sector security regimes rule binding private bodies.
- Obligation class
- Prohibition, Reporting, Disclosure
As of .
What it requires
- These clauses reach your organization only if it is an offeror for, or the holder of, a contract with a federal agency whose solicitation includes FAR 52.204-29 or 52.204-30; no declared activity in this checklist stands in for that status, so read this instrument by hand if your organization sells or seeks to sell software, information technology or cloud services to a federal agency.
- If you submit an offer, search the System for Award Management at sam.gov for the phrase "FASCSA order" and review the solicitation for any FASCSA orders not in SAM, then represent in your offer that you have conducted a reasonable inquiry and do not propose to provide or use any covered article, or any product or service produced or provided by a source, that an applicable FASCSA order prohibits.
- If you cannot make that representation, disclose with your offer the product or service, the covered article or source, the vendor that supplied it, brand, model number, item description and the reason it is provided or used, so the Government can decide whether to issue a waiver.
- Do not provide or use as part of contract performance any covered article, or any product or service produced or provided by a source, that an applicable FASCSA order prohibits, unless a waiver has been issued.
- During contract performance, review SAM.gov at least once every three months, or as the Contracting Officer advises, for new FASCSA orders, and conduct a reasonable inquiry into your supply chain when a new order could affect it.
- If you identify, including through notice from a subcontractor at any tier, a covered article or a product or service from a source subject to a FASCSA order that you provided to the Government or used in performance, report it to the Contracting Officer (to https://dibnet.dod.mil for a Department of Defense contracting office) within 3 business days with the contract and order numbers, the product or service, the covered article or source, the supplying vendor, brand, model number, item description and any readily available mitigation information.
- Within 10 business days of that report, send any further available mitigation information and describe the efforts you took to prevent the covered article or product or service from being provided or used and the efforts you will add to prevent it in future.
- On a Federal Supply Schedule, governmentwide acquisition contract, multi-agency contract or other vehicle intended for use by multiple agencies, promptly make the changes or modifications the Contracting Officer's notice calls for to remove any product or service from a source subject to an applicable FASCSA order.
- Insert the substance of the clause, including the subcontract paragraph and excluding the quarterly SAM.gov review, in all subcontracts and other contractual instruments, including subcontracts for commercial products and commercial services, and tell subcontractors and suppliers that FASCSA orders named in the solicitation but not in SAM apply.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The contracting office of the federal agency that holds the contract administers the clauses: the Contracting Officer reviews an offeror's or contractor's disclosures to decide whether a waiver is warranted and receives the report, except that a Department of Defense contracting office takes it through the DIBNet website.
What this law does
FAR 52.204-29 and 52.204-30 implement Federal Acquisition Supply Chain Security Act orders in federal contracts. They bind a contractor only through a contract with a federal agency whose solicitation and contract include them. A contractor may not provide or use as part of contract performance a covered article, or a product or service produced or provided by a source, that an applicable FASCSA order prohibits, unless a waiver has been issued.
A covered article includes information technology, including cloud computing services of all types. An offeror searches the System for Award Management for the phrase "FASCSA order" and reviews the solicitation for orders not in SAM. By submitting an offer, an offeror represents that it has conducted a reasonable inquiry and does not propose to provide or use a prohibited covered article or source.
An offeror that cannot make the representation discloses the product or service, the covered article or source, the supplying vendor, brand, model number, item description and the reason it is provided or used, so the Government can decide whether to issue a waiver. During performance the contractor reviews SAM.gov at least once every three months, or as the Contracting Officer advises, for new orders.
A contractor that identifies a covered article or source subject to an order in what it provided to the Government or used in performance, including through notice from a subcontractor at any tier, must report it to the contracting office. The report is due within 3 business days of the identification. Further mitigation information is due within 10 business days after that report.
The report goes to the Contracting Officer, or to the DIBNet website for a Department of Defense contracting office. The contractor inserts the substance of the clause in all subcontracts, including subcontracts for commercial products and commercial services. The changes were issued as an interim rule effective and apply to solicitations issued on or after that date.