Overview
FAR 4.2305 outlines the formal process and mandatory requirements for executive agencies to seek an exception (waiver) from Federal Acquisition Supply Chain Security Act (FASCSA) orders. It establishes the criteria for submission, the necessary justifications for approval, and the limitations placed on Contracting Officers during the waiver process.
Key Rules
- Scope of Waivers: Agencies may request that a FASCSA order not apply to the entire agency, specific acquisitions, a specific period of time, or other identified activities.
- Submission Process: Waiver requests must be submitted in writing to the official who issued the FASCSA order, unless the order specifies alternative instructions.
- Required Content: A formal request must include the order identification, the specific exception sought, a description of the covered article or source, and alternative mitigations to reduce risk.
- Justification Standard: Agencies must provide "compelling justification," specifically citing impacts on mission-critical functions or national security interests (e.g., investigations or agreements).
- Award Restriction: The Contracting Officer (CO) must choose between pursuing a waiver or awarding to an offeror that does not require one. If a waiver is pursued, the CO is strictly prohibited from making an award until written approval of the waiver is received.
Practical Implications
- Increased Lead Times: Because an award cannot be made while a waiver is pending, the administrative burden of drafting, submitting, and awaiting approval for a waiver will significantly delay procurement timelines.
- High Evidentiary Bar: Contractors should recognize that waivers are not routine; they require high-level "compelling justifications" and technical mitigation plans, making them difficult to obtain unless the product is essential to national security or mission fulfillment.