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section4.2306

Solicitation provision and contract clauses

Overview

This section prescribes the mandatory FAR provisions and clauses required to implement Federal Acquisition Supply Chain Security Act (FASCSA) orders, which prohibit the procurement of certain covered articles or sources. It establishes specific requirements for standard solicitations versus multi-agency or indefinite-delivery vehicles (IDVs) based on whether the FASCSA restrictions are applied at the contract or order level.

Key Rules

  • FAR 52.204-28: Required in all Federal Supply Schedules (FSS), Governmentwide Acquisition Contracts (GWACs), and multi-agency contracts (MACs) when FASCSA orders are applied at the individual order level.
  • FAR 52.204-29 (Representation and Disclosures):
    • Must be included in all non-IDV solicitations.
    • Must be included in IDV solicitations (FSS, GWACs, MACs) only if FASCSA orders are applied at the contract level.
  • FAR 52.204-30 (Prohibition):
    • Standard Acquisitions: Use the basic clause or Alternate I depending on the specific applicability conditions.
    • IDVs (Contract Level): Use Alternate I in all solicitations and resultant contracts.
    • IDVs (Order Level): Use Alternate II in all Requests for Quotes (RFQs) or notices of intent to place an order.

Practical Implications

  • Compliance Differentiation: Contractors must carefully track whether supply chain prohibitions are being enforced at the master contract level or if they must provide new representations for every individual task order.
  • Operational Burden: For IDV holders, the use of Alternate II means that supply chain security compliance is a continuous obligation that will be re-validated at the order level rather than a one-time "set and forget" representation at the contract award.

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