4.2304
Procedures
Contracting officers must proactively identify, apply, and update FASCSA orders in federal acquisitions to ensure supply chain security compliance.
Overview
FAR 4.2304 outlines the procedures contracting officers must follow to identify, apply, and update Federal Acquisition Supply Chain Security Act (FASCSA) orders in federal acquisitions. It details how to determine which FASCSA orders apply based on agency, contract type, and funding, and provides step-by-step guidance for handling new or updated orders, disclosures, waivers, and reporting requirements. The section ensures that supply chain security prohibitions and requirements are properly incorporated into solicitations and contracts, and that agencies respond appropriately to new threats or regulatory changes.
Key Rules
- Identifying Applicable FASCSA Orders
- Contracting officers must coordinate with program offices to determine which FASCSA orders apply, based on agency and acquisition specifics.
- Application in Multi-Agency Contracts
- Agencies can apply FASCSA orders at the contract or order level, with procedures for updating contracts if new orders are issued.
- Updating Solicitations/Contracts
- Solicitations and contracts must be updated within 6 months if new FASCSA orders are determined to apply; delays must be documented.
- Handling Disclosures and Waivers
- Contracting officers must address offeror disclosures and coordinate on waivers, identifying covered articles/services subject to waivers.
- Reporting
- Reports from contractors about FASCSA order violations must be escalated to the agency’s supply chain risk management program.
Responsibilities
- Contracting Officers: Identify and apply relevant FASCSA orders, update contracts/solicitations, process disclosures and waivers, and report issues per agency procedures.
- Contractors: Disclose relevant information, comply with FASCSA prohibitions, and report covered articles/services as required.
- Agencies: Provide guidance, determine applicable orders for interagency acquisitions, and oversee supply chain risk management.
Practical Implications
- This section ensures supply chain security requirements are consistently applied and updated in federal contracts, reducing risk from prohibited sources.
- Contracting officers must stay vigilant for new FASCSA orders and coordinate closely with program offices.
- Delays or failures to update contracts can create compliance risks; documentation is required if deadlines are missed.