52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures
Source: FAR 52.204-29 on acquisition.gov
Contractors must actively identify and disclose any products or services subject to FASCSA orders, ensuring prohibited items are not offered or used in federal contracts.
Overview
FAR 52.204-29 requires offerors to represent and disclose whether their products or services are subject to a Federal Acquisition Supply Chain Security Act (FASCSA) order, which prohibits certain covered articles or sources from being provided or used in federal contracts. Offerors must conduct a reasonable inquiry to determine if any FASCSA orders apply, search the System for Award Management (SAM) for relevant orders, and review the solicitation for additional applicable orders. If unable to certify compliance, offerors must disclose detailed information about the covered article or source. The contracting officer will review disclosures to determine if a waiver is appropriate or if an award should be made to a compliant offeror. This provision is designed to enhance supply chain security by preventing the use of prohibited products or services in federal acquisitions.
Key Rules
- Prohibition on Covered Articles and Sources
- Contractors cannot provide or use any covered article or source prohibited by a FASCSA order.
- Mandatory Inquiry and Representation
- Offerors must search SAM and review solicitations for applicable FASCSA orders and represent compliance based on a reasonable inquiry.
- Disclosure Requirement
- If unable to comply, offerors must disclose specific details about the covered article or source as part of their offer.
- Contracting Officer Review
- Disclosures are reviewed by the contracting officer, who may seek a waiver or award to a compliant offeror.
Responsibilities
- Contracting Officers: Review disclosures, determine waiver eligibility, and ensure compliance with FASCSA orders.
- Contractors: Conduct reasonable inquiry, search SAM, review solicitations, represent compliance, and provide disclosures if necessary.
- Agencies: Oversee implementation and ensure supply chain security.
Practical Implications
- This provision exists to protect federal supply chains from security risks posed by certain products, services, or sources.
- Contractors must be diligent in researching FASCSA orders and accurately representing their compliance status.
- Failure to comply or disclose may result in ineligibility for award or other penalties.
As prescribed in 4.2306(b), insert the following provision:
Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(c) Procedures.
(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov" target="_blank">https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)