Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts
Contractors must promptly comply with FASCSA orders to remove or exclude specified products, services, or sources from federal contracts when notified by the contracting officer.
Overview
FAR 52.204-28 establishes requirements for contractors performing under Federal Supply Schedules, Governmentwide Acquisition Contracts (GWACs), and Multi-Agency Contracts to comply with orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA). These orders may require the removal of certain covered articles or the exclusion of specific sources from federal procurement actions to protect the security of federal information systems. The clause defines key terms such as covered article, FASCSA order, intelligence community, national security system, and source. Contractors must comply with any applicable FASCSA orders identified in the solicitation or order documentation and promptly remove covered articles or sources as directed by the contracting officer during contract performance.
Key Rules
- Definitions and Scope
- The clause provides detailed definitions for covered articles, FASCSA orders, intelligence community, national security system, and other relevant terms to clarify the scope of compliance.
- Notice of Applicable Orders
- Contractors will be notified of applicable FASCSA orders in the solicitation or order documentation, and these orders may come from DHS, DoD, or DNI, depending on the agency and system involved.
- Obligation to Remove Covered Articles
- Upon notification from the contracting officer, contractors must promptly remove any covered article or product/service from a prohibited source as required by a FASCSA order.
Responsibilities
- Contracting Officers: Must identify and communicate applicable FASCSA orders to contractors and notify them if removal of covered articles is required.
- Contractors: Must comply with all identified FASCSA orders and promptly remove covered articles or sources as directed.
- Agencies: Oversee compliance and issue FASCSA orders as appropriate.
Practical Implications
- This clause exists to protect federal information systems from supply chain risks by enabling rapid exclusion or removal of compromised or high-risk products, services, or sources.
- Contractors must be prepared to respond quickly to removal orders, which may impact ongoing performance or supply chains.
- Failure to comply can result in contract remedies or termination, making awareness and readiness to act on FASCSA orders critical for compliance.