Solicitation provision and contract clauses
FAR 4.2306 mandates the inclusion of specific FASCSA-related clauses and provisions in federal contracts to ensure supply chain security, with requirements varying by contract type and application level.
Overview
FAR 4.2306 prescribes the use of specific solicitation provisions and contract clauses to implement the Federal Acquisition Supply Chain Security Act (FASCSA) requirements in federal contracts. It details when contracting officers must include certain clauses and provisions in solicitations and contracts, particularly for Federal Supply Schedules (FSS), Governmentwide Acquisition Contracts (GWACs), and multi-agency contracts, depending on whether FASCSA orders are applied at the contract or order level. The section references three key clauses: 52.204-28, 52.204-29, and 52.204-30 (with alternates), and provides guidance on their appropriate use to ensure supply chain security compliance.
Key Rules
- Clause 52.204-28
- Must be included in all FSS, GWACs, and multi-agency contracts where FASCSA orders are applied at the order level.
- Provision 52.204-29
- Required in all solicitations except for FSS, GWACs, and multi-agency contracts, unless FASCSA orders are applied at the contract level.
- Clause 52.204-30 (and Alternates)
- Inserted in solicitations and contracts if certain FASCSA conditions apply, with specific alternates for different contract types and application levels.
Responsibilities
- Contracting Officers: Must determine the correct application level (contract or order) for FASCSA orders and insert the appropriate clauses/provisions in solicitations and contracts as specified.
- Contractors: Must comply with the requirements and restrictions imposed by the inserted clauses, including making necessary representations and disclosures.
- Agencies: Ensure oversight and proper implementation of FASCSA-related clauses to maintain supply chain security.
Practical Implications
- This section ensures that supply chain security requirements are consistently applied across federal contracts, reducing the risk of supply chain threats.
- Contractors must be vigilant in reviewing solicitations and contracts for these clauses, as non-compliance can lead to disqualification or contract termination.
- Misapplication or omission of required clauses by contracting officers can result in compliance failures and increased risk exposure for agencies.