52.204-30
Federal Acquisition Supply Chain Security Act Orders—Prohibition
Contractors must actively monitor, report, and ensure their supply chains do not include products, services, or sources prohibited by FASCSA orders, or risk removal and contract action.
Overview
FAR 52.204-30 implements the Federal Acquisition Supply Chain Security Act (FASCSA) Orders—Prohibition, establishing strict requirements for contractors to avoid providing or using certain products, services, or sources that are subject to FASCSA orders. These orders, issued by DHS, DoD, or DNI, prohibit the use or provision of covered articles or services from specified sources in federal contracts. The clause mandates ongoing monitoring, reporting, and removal obligations for contractors and their subcontractors to ensure compliance with evolving FASCSA orders.
Key Rules
- Prohibition on Covered Articles and Sources
- Contractors must not provide or use any covered article or service from a source prohibited by an applicable FASCSA order, unless a waiver is granted.
- Ongoing Monitoring and Reporting
- Contractors must check SAM.gov at least quarterly for new FASCSA orders and report any prohibited articles or sources used or provided during contract performance.
- Disclosure and Waiver Process
- If a new FASCSA order applies, contractors may request a waiver by disclosing detailed information about the product, source, and mitigation actions.
- Subcontractor Flowdown
- The substance of this clause must be included in all subcontracts, including those for commercial products and services.
- Removal Requirement
- Upon notification, contractors must promptly remove prohibited products or services from multi-agency or governmentwide contracts.
Responsibilities
- Contracting Officers: Identify applicable FASCSA orders, process waiver requests, and notify contractors of new orders or removal requirements.
- Contractors: Monitor SAM.gov, conduct reasonable inquiries, report prohibited articles or sources, request waivers if needed, and flow down requirements to subcontractors.
- Agencies: Issue FASCSA orders, review waiver requests, and oversee compliance.
Practical Implications
- This clause is designed to protect federal supply chains from security risks posed by certain IT, telecom, and related products or services.
- Contractors must implement robust supply chain monitoring and reporting processes to avoid inadvertent noncompliance.
- Failure to comply can result in contract modifications, removal requirements, or potential loss of contract opportunities.