Subpart 4.23
Federal Acquisition Security Council
FAR Subpart 4.23 requires agencies and contractors to comply with Federal Acquisition Security Council directives, including sharing supply chain risk information and adhering to FASCSA orders to protect federal supply chains.
Overview
- Subpart 4.23 establishes the framework for implementing the authorities and directives of the Federal Acquisition Security Council (FASC) within federal procurement. It addresses how agencies and contractors must manage supply chain risks, comply with FASCSA (Federal Acquisition Supply Chain Security Act) orders, and follow related procedures, waivers, and contract clause requirements. The subpart is designed to protect federal information systems and supply chains from threats posed by certain products and suppliers.
Key Rules
- Scope and Definitions
- Outlines the applicability of the subpart and provides key definitions relevant to supply chain security and FASC operations.
- Sharing Supply Chain Risk Information
- Establishes requirements for agencies and contractors to share information about supply chain risks with the appropriate authorities.
- FASCSA Orders
- Details the process for implementing orders issued by the FASC, including prohibitions or restrictions on certain products or sources.
- Procedures and Waivers
- Provides procedures for compliance, including how to request waivers from FASCSA orders under specific circumstances.
- Solicitation Provisions and Contract Clauses
- Mandates the inclusion of specific provisions and clauses in solicitations and contracts to ensure compliance with FASC directives.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts comply with FASC requirements, implement FASCSA orders, and process waiver requests as needed.
- Contractors: Required to comply with FASCSA orders, share relevant supply chain risk information, and adhere to contract clauses related to supply chain security.
- Agencies: Oversee compliance, manage risk information, and coordinate with the FASC on supply chain security matters.
Practical Implications
- This subpart exists to safeguard federal supply chains from security threats by enforcing FASC directives and FASCSA orders. It impacts daily contracting by requiring due diligence in supplier selection, information sharing, and strict adherence to contract clauses. Common pitfalls include failure to identify prohibited sources, inadequate risk reporting, or non-compliance with waiver procedures.