Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures
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.