Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders -- FAR Sections Affected: 52.204-29, 52.204-30

Forms and Documents

Document Name	Status
2020-011 - Supporting Statement_10.11.2023.docx Supporting Statement A	2023-10-18

IC Document Collections

IC ID	Document Title	Status
262854	Federal Acquisition Supply Chain Security Act Orders-Prohibition	New
262853	Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures	New

ICR Details

OMB Control No: 9000-0205	ICR Reference No: 202310-9000-004
Status: Active	Previous ICR Reference No: 202310-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders -- FAR Sections Affected: 52.204-29, 52.204-30
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/24/2023
	Date Received in OIRA: 10/24/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2024	6 Months From Approved
Responses	6,113	0	0
Time Burden (Hours)	12,226	0	0
Cost Burden (Dollars)	1,516,024	0	0

---

Abstract: 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.

---

Authorizing Statute(s): PL: Pub.L. 115 - 390 Title II Name of Law: Federal Acquisition Supply Chain Security Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
9000-AO13	Final or interim final rulemaking	88 FR 69503	10/05/2023

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Federal Acquisition Supply Chain Security Act Orders-Prohibition
Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6,113	0	0	6,113	0	0
Annual Time Burden (Hours)	12,226	0	0	12,226	0	0
Annual Cost Burden (Dollars)	1,516,024	0	0	1,516,024	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection requirement.

---

Annual Cost to Federal Government: $476,814

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 10/18/2023

---