FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Basic (Dec 2023) (Current)

As prescribed in 4.2306(b), the contracting officer shall insert the provision at 52.204–29, Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures—

(1)    In all solicitations, except for Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts.

(2)    In all solicitations for Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts, if FASCSA orders are applied at the contract level (see 4.2304(b)(1)(i)).
 

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) 
 

Prime’s obligation;
Subcontractor ✖ IT ✔ (SAM.gov clause) ✔ 

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

52.204-27 Prohibition on a ByteDance Covered Application.

52.204-28 Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

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

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.

252.204-7000 Disclosure of Information.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.239-7000 Protection Against Compromising Emanations.

252.239-7009 Representation of Use of Cloud Computing.

252.239-7010 Cloud Computing Services.

252.239-7017 Notice of Supply Chain Risk.

252.239-7018 Supply Chain Risk.

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance

3052.204-72 Safeguarding of Controlled Unclassified Information.

3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

3052.204-71 Contractor employee access.

552.204-9 Personal Identity Verification Requirements.

552.239-70 Information Technology Security Plan and Security Authorization.

552.239-71 Security Requirements for Unclassified Information Technology Resources.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

652.239-70 Information Technology Security Plan and Accreditation.

652.239-71 Security Requirements for Unclassified Information Technology Resources.

752.204-72 Access to USAID facilities and USAID's information systems.

952.204-77 Computer security.

952.223-76 Conditional payment of fee or profit-safeguarding restricted data and other classified information and protection of worker safety and health.

970.5203-1 Management controls.

970.5204-1 Counterintelligence.

970.5204-3 Access to and ownership of records.

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