FAR 52.204-28 Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. Basic (Dec 2023) (Current)

As prescribed in 4.2306(a), in all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level, the contracting officer shall insert the clause at 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts, in the basic contract solicitation and resultant contract (see 4.2304(b)(1)(ii)).

Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (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. 

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) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405-2), or in the notice of intent to place an order (see 16.505(b)). FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition, with its Alternate II. 

(c) Removal. 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 covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)). 

(End of clause)

Prime’s obligation;
Subcontractor ✖ IT ✔ 

52.209-1 Qualification Requirements.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.246-1 Contractor Inspection Requirements.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-12 Inspection of Construction.

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements.

52.246-14 Inspection of Transportation.

52.246-15 Certificate of Conformance.

52.246-16 Responsibility for Supplies.

52.246-2 Inspection of Supplies-Fixed-Price.

52.246-3 Inspection of Supplies-Cost-Reimbursement.

52.246-4 Inspection of Services-Fixed-Price.

52.246-5 Inspection of Services-Cost-Reimbursement.

52.246-6 Inspection-Time-and-Material and Labor-Hour.

52.246-7 Inspection of Research and Development-Fixed-Price.

52.246-8 Inspection of Research and Development-Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.247-4 Inspection of Shipping and Receiving Facilities.

52.248-3 Value Engineering-Construction.

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition.

52.223-23 Sustainable Products and Services.

252.232-7018 Progress Payments-Multiple Lots.

252.217-7005 Inspection and Manner of Doing Work.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

252.239-7000 Protection Against Compromising Emanations.

252.215-7015 Program Should-Cost Review.

1852.246-71 Government Contract Quality Assurance.

1852.246-72 Material Inspection and Receiving Report.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance



5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR)

3052.217-92 Inspection and manner of doing work (USCG).

3052.217-96 Title (USCG).

3052.217-100 Guarantee (USCG).

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.238-119 Single-use Plastic (SUP) Free Packaging Availability.

552.270-9 Inspection—Right of Entry.

552.211-70 Substantial Completion.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.236-11 Use and Possession Prior to Completion.

552.236-6 Superintendence by the Contractor.

552.236-15 Schedules for Construction Contracts.

552.236-21 Specifications and Drawings for Construction.

552.238-95 Separate Charge for Performance Oriented Packaging (POP).

552.238-96 Separate Charge for Delivery within Consignee's Premises.

552.238-100 Transshipments.

552.238-109 Authentication Supplies and Services.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

752.226-70 Trade and Investment Activities and the ‘‘Impact on U.S. Jobs’’ and ‘‘Workers’ Rights.’’

752.231-72 Conference Planning and Required Approval

752.239-71 Information and Communication Technology Accessibility.

752.227-71 Planning, Collection, and Submission of Digital Information to USAID.

752.242-71 Activity Monitoring, Evaluation, and Learning Plan.

752.7003 Documentation for Payment.

752.7006 Notices.

752.7007 Personnel Compensation.

752.7010 Conversion of U.S. Dollars to Local Currency.

752.7015 Use of Pouch Facilities.

752.7025 Approvals.

752.7030 Inspection Trips by Contractor's Officers and Executives.

970.5204-3 Access to and ownership of records.

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