Implementation of Federal
Acquisition Supply Chain Security Act (FASCSA) Orders -- FAR
Sections Affected: 52.204-29, 52.204-30
New
collection (Request for a new OMB Control Number)
No
Emergency
10/19/2023
10/18/2023
Requested
Previously Approved
6 Months From Approved
6,113
0
12,226
0
1,516,024
0
This clearance covers the information
that offerors/contractors must submit to comply with the following
interim Federal Acquisition Regulation (FAR) requirements: a. FAR
52.204-29, Federal Acquisition Supply Chain Security Act
Orders-Representation and Disclosures. This provision prohibits
contractors 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 subject to an applicable FASCSA order identified in the
clause at FAR 52.204-30(b)(1). By submitting an offer, offerors are
representing compliance with the prohibition. If an offeror cannot
represent compliance with the prohibition, then the offeror must
disclose the following information in accordance with 52.204-29(e):
(1) Name of the product or service provided to the Government; (2)
Name of the covered article or source subject to an FASCA 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; b. FAR
52.204-30, Federal Acquisition Supply Chain Security Act
Orders-Prohibition. This clause requires contractors to provide a
report to the Government within 3 business days if the contractor
identifies that the contractor or any-tier subcontractor, delivered
or used a covered article or product or service subject to a FASCSA
order. The report requires the following information: (A) Contract
number; (B) Order number(s), if applicable; (C) Name of the product
or service provided to the Government; (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. The contractor must
also submit additional information within 10 days of submitting the
first report identifying any further available information about
mitigation actions undertaken or recommended. Additionally, the
contractor shall describe the efforts it undertook to prevent
submission and any additional efforts to prevent future submission
of the covered article or the product or service produced or
provided by a source subject to an applicable FASCSA
order.
The collection of
information is needed prior to the expiration of time periods
normally associated with a routine submission for review under the
provisions of the PRA, because agencies subject to the FAR would
not have a mechanism to implement any FASCSA orders. The collection
of information is essential to the mission of the agencies to
protect the Government supply chain from vulnerabilities posed by
acquiring products or services that violate a FASCSA order issued
under the authority of the Federal Acquisition Supply Chain
Security Act of 2018 and the final rule issued by the FASC.
Moreover, DoD, GSA, and NASA cannot comply with the normal
clearance procedures because public harm is reasonably likely to
result if current clearance procedures are followed. Authorizing
collection of this information will ensure that agencies have a
mechanism to implement FASCSA orders and address vulnerabilities in
supply chains that can enable data and intellectual property theft,
loss of confidence in integrity, or exploitation that may cause
system and network failure.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Federal Acquisition Supply Chain Security Act Orders-Prohibition