As prescribed in 4.2306(c), insert the following clause:
Federal Acquisition Supply Chain Security Act Orders-Prohibition (DEC 2023)
Covered article, as defined in 41 U.S.C. 4713(k) , means-
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e) :
Intelligence community, as defined by 50 U.S.C. 3003(4) , means the following-
National security system, as defined in 44 U.S.C. 3552 , means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency-
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Alternate I (DEC 2023). As prescribed in 4.2306(c), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause:
[Contracting Officer must select either "yes" or "no" for each of the following types of FASCSA orders:]
Yes [] No [] DHS FASCSA order
Yes [] No [] DoD FASCSA order
Yes [] No [] DNI FASCSA order
Alternate II (DEC 2023). As prescribed in 4.2306(c)(2)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause. This clause applies to each order as identified by the Contracting Officer.
[Contracting Officer must select either "yes" or "no" for each of the following types of FASCSA orders:]
Yes [] No [] DHS FASCSA order
Yes [] No [] DoD FASCSA order
Yes [] No [] DNI FASCSA order
(End of clause)
48 C.F.R. §§52.204-30