52.204-29 Federal Acquisition Supply Chain

Security Act Orders—Representation and

Disclosures.

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) 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)

Parent topic: 52.204 [Reserved]