4.2303 FASCSA orders
Source: FAR 4.2303 on acquisition.gov
FAR 4.2303 prohibits agencies from contracting for products or services covered by FASCSA orders and requires strict compliance and coordination to identify and remove prohibited sources from federal contracts.
Overview
FAR 4.2303 establishes strict prohibitions and procedures for executive agencies regarding the procurement, extension, or renewal of contracts involving certain products, services, or sources identified in Federal Acquisition Supply Chain Security Act (FASCSA) orders. These orders, issued by the Director of National Intelligence, Secretary of Defense, or Secretary of Homeland Security, restrict agencies from engaging with covered articles or sources deemed a security risk. The regulation also outlines responsibilities for removing such items from governmentwide contracts and provides guidance on locating and applying FASCSA orders, including the use of the System for Award Management (SAM) and coordination with program offices.
Key Rules
- Prohibition on Covered Articles and Sources
- Agencies cannot procure, extend, or renew contracts for covered articles or from sources listed in applicable FASCSA orders.
- Implementation of Collective FASCSA Orders
- Agencies managing Federal Supply Schedules and similar contracts must remove covered articles or sources identified in collective FASCSA orders.
- Identification and Application of FASCSA Orders
- FASCSA orders are primarily found in SAM, but some must be identified in solicitations by the requiring activity or program office.
Responsibilities
- Contracting Officers: Must ensure compliance with FASCSA orders, coordinate with program offices to identify applicable orders, and remove prohibited items from contracts.
- Contractors: Must not offer or supply covered articles or services from prohibited sources.
- Agencies: Must facilitate removal of prohibited items from governmentwide contracts and ensure FASCSA order compliance.
Practical Implications
This section is designed to protect federal supply chains from security threats by enforcing governmentwide bans on certain products, services, or sources. Contractors must be vigilant in checking FASCSA orders and ensuring their offerings are compliant. Failure to comply can result in contract ineligibility or removal from federal contracts. Coordination between contracting officers and program offices is critical to ensure all applicable FASCSA orders are identified and enforced.
(a) Executive agencies are prohibited from procuring or obtaining, or extending or renewing a contract to procure or obtain, any covered article, or any products or services produced or provided by a source, including contractor use of covered articles or sources, if that prohibition is established by an applicable FASCSA order issued by the Director of National Intelligence, Secretary of Defense, or Secretary of Homeland Security (the “issuing official”)(see https://www.ecfr.gov/current/title-41/section-201-1.304#p-201-1.304(a)" target="_blank">41 CFR 201–1.304(a)).
(b) If a covered article or the source is subject to an applicable Governmentwide FASCSA order issued collectively by the Director of National Intelligence, Secretary of Defense, and Secretary of Homeland Security, executive agencies responsible for management of the Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts shall facilitate implementation of a collective FASCSA order by removing the covered articles or sources identified in the FASCSA order from such contracts (see https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(g)" target="_blank">41 CFR 201–1.303(g)).
(c)
(1) FASCSA orders regarding sources or covered articles will be found in the System for Award Management (SAM), by searching for the phrase “FASCSA order”. SAM may be updated as new FASCSA orders are issued.
(2) Some FASCSA orders will not be identified in SAM and will need to be identified in the solicitation to be effective for that acquisition. The requiring activity or program office will identify these FASCSA orders to the contracting officer (see 4.2304(d)).
(3) The contracting officer shall work with the program office or requiring activity to identify which FASCSA orders apply to the acquisition.