Overview
This section outlines the administrative procedures and responsibilities of the Contracting Officer (CO) for identifying, applying, and managing Federal Acquisition Supply Chain Security Act (FASCSA) orders. It establishes the mandatory coordination between the CO and the program office to ensure prohibited articles or sources are excluded from solicitations, contracts, and interagency acquisitions.
Key Rules
- Identification Responsibility: The CO must coordinate with the program office to identify applicable FASCSA orders based on agency, funding, and the nature of the information system. By default, civilian agencies follow DHS orders, and the Department of Defense follows DoD orders.
- Multi-Agency and Schedule Contracts: Applying FASCSA orders at the basic contract level is the preferred method for GWACs and Federal Supply Schedules. However, if an inconsistency arises between a basic contract and a specific task order, the orders identified in the task order take precedence.
- Interagency Funding: In interagency acquisitions (FAR 17.5), the agency providing the funding—not necessarily the awarding agency—is responsible for determining which FASCSA orders apply.
- Mandatory Updates: COs must update solicitations and contracts to incorporate new FASCSA orders. Contract modifications should occur within a "reasonable amount of time," defined as no later than 6 months from the program office's determination; failures to meet this timeline require written documentation in the contract file.
- Disclosure and Waiver Handling: If an offeror discloses the use of prohibited articles, the CO must engage the program office to either pursue a formal waiver or decline the award. If a waiver is granted, the CO must explicitly identify the covered articles or services subject to that waiver within the solicitation or order.
Practical Implications
- Continuous Monitoring: Contracting Officers and contractors must prepare for mid-performance contract modifications, as new FASCSA orders issued after award must be incorporated into existing contracts within a strict six-month window.
- Increased Coordination: There is a heightened requirement for communication between the CO, the requiring activity, and the agency’s supply chain risk management program to handle disclosures and reporting of prohibited articles.
- Order-Level Diligence: For contractors working under GWACs or FSS, it is critical to review each specific Request for Quotation (RFQ), as order-level FASCSA requirements can override or add to the security prohibitions found in the base contract.