52.204-30 Federal Acquisition Supply Chain

Security Act Orders—Prohibition.

As prescribed in 4.2306(c), insert the following clause:

Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all

types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in

section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the

requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental

information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain

Security Act (FASCSA) requiring the removal of covered articles from executive agency information

systems or the exclusion of one or more named sources or named covered articles from executive

agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to

the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be

referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense

(DoD) and national security systems other than sensitive compartmented information systems. This

type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the

intelligence community and sensitive compartmented information systems, to the extent not covered

by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA

order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national

intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast

Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the

Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or

designated jointly by the Director of National Intelligence and the head of the department or agency

concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any

telecommunications system) used or operated by an agency or by a contractor of an agency, or other

organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic

activities related to national security; involves command and control of military forces; involves

equipment that is an integral part of a weapon or weapons system; or is critical to the direct

fulfillment of military or intelligence missions, but does not include a system that is to be used for

routine administrative and business applications (including payroll, finance, logistics, and personnel

management applications); or

(2) Is protected at all times by procedures established for information that have been specifically

authorized under criteria established by an Executive order or an Act of Congress to be kept

classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession

about the identity of any covered articles, or any products or services produced or provided by a

source. This applies when the covered article or the source is subject to an applicable FASCSA

order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from

intelligence sources, methods, or analytical processes, which is required to be handled within formal

access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to

process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide
or use as part of the performance of the contract 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 orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD

FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in

paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM,

which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an

amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see

paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being

applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and

unique entity identifier (if known), that supplied or supplies the covered article or the product or

service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or

wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided

in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not

to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to

instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three

months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA

order(s), or for products or services produced by a source subject to FASCSA order(s) not currently
identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the

Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or

service produced or provided by a source subject to the FASCSA order(s) was provided to the

Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii)

of this clause, if the Contractor identifies, including through any notification by a subcontractor at

any tier, that a covered article or product or service produced or provided by a source was provided

to the Government or used during contract performance and is subject to a FASCSA order(s)

identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of

this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting

office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the

Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at

https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or

service produced or provided by a source, where the covered article or source is subject to a

FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the

contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) 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

Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or

wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of

the covered article or the product or service produced or provided by a source subject to an

applicable FASCSA order, and any additional efforts that will be incorporated to prevent future

submission or use of the covered article or the product or service produced or provided by a source

that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency

contracts or any other procurement instrument intended for use by multiple agencies, upon

notification from the Contracting Officer, during the performance of the contract, the Contractor

shall promptly make any necessary changes or modifications to remove any product or service

produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and

excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments,

including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM,

which are effective and apply to the contract and any subcontracts and other contractual

instruments under the contract. The Contractor or higher-tier subcontractor shall notify their

subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the

solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

Alternate I (Dec 2023). As prescribed in 4.2306(c), substitute the following paragraph (b)(1) for

paragraph (b)(1) of the basic clause:

(b) Prohibition. (1) 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

covered article or the source is prohibited by any applicable FASCSA orders identified by the

checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA

orders:]

Yes □ No □ DHS FASCSA Order

Yes □ No □ DoD FASCSA Order

Yes □ No □ DNI FASCSA Order

Alternate II (Dec 2023). As prescribed in 4.2306(c)(2)(ii), substitute the following paragraph (b) in

place of paragraph (b) of the basic clause. This clause applies to each order as identified by the

Contracting Officer.

(b) Prohibition. (1) 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

covered article or the source is prohibited by any applicable FASCSA orders identified by the

checkbox(es) in this paragraph (b)(1).

[ Contracting Officer must select either “yes” or “no” for each of the following types of FASCSA

orders:]

Yes □ No □ DHS FASCSA order

Yes □ No □ DoD FASCSA order

Yes □ No □ DNI FASCSA order

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in

paragraph (b)(1) of this clause.

(3) The Government may identify in the request for quotation (RFQ) or in the notice of intent to

place an order additional FASCSA orders that are not in SAM, but are effective and apply to the

order.

(4) A FASCSA order issued after the date of the RFQ or the notice of intent to place an order applies

to this contract only if added by an amendment to the RFQ or in the notice of intent to place an

order or added by modification to the order (see FAR 4.2304(c)). However, see paragraph (c) of this

clause.

(5)(i) If the contractor wishes to ask for a waiver, the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) 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;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or

wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided

in paragraph (b)(5)(i) of this clause to determine if any waiver may be sought. A contracting officer

may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA

order and may instead make award to an offeror that does not require a waiver.

Parent topic: 52.204 [Reserved]