4.2304 Procedures.

(a) Identifying applicable FASCSA orders. The applicability of FASCSA orders to a particular

acquisition depends on the contracting office's agency, the scope of the FASCSA order, the funding,

and whether the requirement involves certain types of information systems (see the definition of

FASCSA order at 4.2301). The contracting officer shall coordinate with the program office or

requiring activity to identify the FASCSA order(s) that apply to the acquisition as follows:

(1) Unless the program office or requiring activity instructs the contracting officer otherwise,

FASCSA orders apply as follows: contracts awarded by civilian agencies will be subject to DHS

FASCSA orders, and contracts awarded by the Department of Defense will be subject to DoD

FASCSA orders. See paragraph (b) of 52.204-30, Federal Acquisition Supply Chain Security Act

Orders-Prohibition.

(2) For acquisitions where the program office or the requiring activity instructs the contracting

officer to select specific FASCSA orders, the contracting officer must select “yes” or “no” for each

applicable type of FASCSA order ( i.e., “DHS FASCSA Order” “DoD FASCSA Order” or “DNI

FASCSA Order”). See paragraph (b)(1) of 52.204-30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition, with its Alternate I.

(b) Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts

specific procedures—

(1) Applying FASCSA orders. An agency awarding this type of contract may choose to apply FASCSA

orders in accordance with agency policy as follows:

(i) Application at the contract level. The agency awarding the basic contract may choose to apply

FASCSA orders to the basic contract award. This is the preferred method, especially if small value

orders or orders without a request for quotation (RFQ) are expected. Ordering activity contracting

officers may use this contract vehicle without taking further steps to identify applicable FASCSA

orders in the order. The contracting officer awarding the basic contract would select “yes” for all

FASCSA orders ( i.e., “DHS FASCSA Order” “DoD FASCSA Order” and “DNI FASCSA Order”) (see

paragraph (b)(1) of 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition,

with its Alternate I). If the contracting officer becomes aware of a newly issued applicable FASCSA

order, then the agency awarding the basic contract shall modify the basic contract to remove any

covered article, or any products or services produced or provided by a source, prohibited by the

newly issued FASCSA order.

(ii) Application at the order level. The agency awarding the basic contract may choose to apply

FASCSA orders at the order level, as implemented by the ordering activity contracting officer.

(2) Collective FASCSA orders. If a new FASCSA order is issued collectively by the Secretary of

Homeland Security, Secretary of Defense, and Director of National Intelligence, then the contracting

officer shall modify the basic contract based upon the requirements of the order, removing any

covered article, or any products or services produced or provided by a source (see 4.2303(b)).

(3) Interagency acquisitions. For an interagency acquisition (see subpart 17.5) where the funding

agency differs from the awarding agency, the funding agency shall determine the applicable

FASCSA orders.
(4) Inconsistencies. If any inconsistency is identified between the basic contract and the order, then

the FASCSA orders identified in the order will take precedence.

(c) Updating the solicitation or contract for new FASCSA orders. The contracting officer shall update

a solicitation or contract if the program office or requiring activity determines it is necessary to:

(1) Amend the solicitation to incorporate FASCSA orders in effect after the date the solicitation was

issued but prior to contract award; or

(2) Modify the contract to incorporate FASCSA orders issued after the date of contract award.

(i) Any such modification should take place within a reasonable amount of time, but no later than 6

months from the determination of the program office or requiring activity.

(ii) If the contract is not modified within the time specified in paragraph (c)(2)(i) of this section, then

the contract file shall be documented providing rationale why the contract could not be modified

within this timeframe.

(d) Agency specific procedures. The contracting officer shall follow agency procedures for

implementing FASCSA orders not identified in SAM (see 4.2303(c)(2)).

(e) Disclosures. If an offeror provides a disclosure pursuant to paragraph (e) of 52.204-29, Federal

Acquisition Supply Chain Security Act Orders—Representation and Disclosures, the contracting

officer shall engage with the program office or requiring activity to determine whether to pursue a

waiver, if available, in accordance with 4.2305 and agency procedures or not award to that offeror.

For FASCSA orders handled at the order level, the disclosures language is found at paragraph (b)(5)

of 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate

II.

(f) Waiver. An acquisition may be either fully or partially covered by a waiver. Partial waiver

coverage occurs when only portions of the products or services being procured or provided by a

source are covered by an applicable waiver. If the requiring activity notifies the contracting officer

that the acquisition is partially covered by an approved individual waiver or class waiver under

4.2305, then the contracting officer shall work with the program office or requiring activity to

identify in the solicitation, RFQ, or order, the covered articles or services produced by or provided

by a source that are subject to the waiver (see 41 CFR 201–1.304(b)).

(g) Reporting. If a contractor provides a report pursuant to paragraph (c) of 52.204-30, Federal

Acquisition Supply Chain Security Act Orders—Prohibition, the contracting officer shall engage with

the agency supply chain risk management program in accordance with agency procedures.

Parent topic: Subpart 4.23 Federal Acquisition Security Council.