FAR 4.2303—FASCSA orders.
Plain-English Summary
FAR 4.2303 explains how Federal Acquisition Supply Chain Security Act (FASCSA) orders affect federal buying. It covers the basic prohibition on procuring, obtaining, extending, or renewing contracts for covered articles, or for products and services from prohibited sources, when an applicable FASCSA order has been issued by the Director of National Intelligence, the Secretary of Defense, or the Secretary of Homeland Security. It also addresses how governmentwide FASCSA orders are implemented in Federal Supply Schedules, Governmentwide Acquisition Contracts, and multi-agency contracts by removing covered articles or sources from those vehicles. Finally, it explains where contracting personnel find FASCSA orders, including in SAM, and notes that some orders may not appear in SAM and must instead be identified in the solicitation to be effective for a particular acquisition. In practice, this section is a screening and implementation rule: it requires agencies and contracting officers to check for applicable supply chain restrictions before award, extension, or renewal, and to coordinate with program offices to make sure the solicitation and contract reflect any applicable order.
Key Rules
Prohibition on covered items
Executive agencies may not procure or obtain, or extend or renew a contract to procure or obtain, any covered article or any products or services produced or provided by a prohibited source when an applicable FASCSA order applies. The prohibition also reaches contractor use of covered articles or sources when the order covers that use.
Orders must be applicable
The restriction applies only when there is an applicable FASCSA order issued by the authorized issuing official. Contractors and contracting officers must determine whether the order actually covers the acquisition, the article, the source, or the contractor use involved.
Governmentwide orders require contract vehicle action
For collective Governmentwide FASCSA orders, the agencies that manage Federal Supply Schedules, GWACs, and MACs must help implement the order by removing the covered articles or sources from those contract vehicles. This is an administrative implementation duty, not just a notice requirement.
SAM is the primary source
FASCSA orders regarding sources or covered articles are found in SAM by searching for the phrase 'FASCSA order.' SAM may be updated as new orders are issued, so it is a key screening tool but not necessarily the only one.
Some orders must be stated in the solicitation
If a FASCSA order is not identified in SAM, it must be identified in the solicitation to be effective for that acquisition. This ensures offerors are on notice before award and that the restriction can be enforced for that procurement.
Contracting officer coordination required
The contracting officer must work with the program office or requiring activity to identify which FASCSA orders apply to the acquisition. This shared review is necessary because the requiring activity may know the technical source or product details that determine applicability.
Responsibilities
Contracting Officer
Check for applicable FASCSA orders before award, extension, or renewal; coordinate with the program office or requiring activity to determine which orders apply; ensure applicable orders are reflected in the solicitation when they are not already in SAM; and avoid procuring covered articles or prohibited-source products or services when an order applies.
Program Office / Requiring Activity
Identify potentially applicable FASCSA orders to the contracting officer, especially orders not listed in SAM; provide technical and sourcing information needed to determine whether a covered article or source is implicated; and support solicitation drafting and acquisition planning.
Executive Agency
Comply with applicable FASCSA prohibitions in procurement actions; ensure contract extensions and renewals do not violate an applicable order; and, for governmentwide contract vehicles, implement collective orders by removing covered articles or sources as required.
Agencies Managing Schedules, GWACs, and MACs
Facilitate implementation of collective Governmentwide FASCSA orders by removing identified covered articles or sources from the affected contract vehicles and keeping those vehicles aligned with the order.
Issuing Officials (DNI, Secretary of Defense, Secretary of Homeland Security)
Issue FASCSA orders that establish procurement prohibitions for covered articles or sources, which then become the basis for agency acquisition restrictions.
Practical Implications
Contracting teams should treat FASCSA screening as part of acquisition planning, not a last-minute award check, because an applicable order can bar award, extension, or renewal.
SAM is the first place to look, but it is not enough by itself; some orders will not appear there and must be captured through coordination with the program office and included in the solicitation.
A common pitfall is assuming the restriction only applies to the end item; the rule can also reach products or services produced or provided by a prohibited source, and even contractor use of covered articles or sources when the order says so.
For schedule and multiple-award vehicle managers, implementation may require removing items or sources from the contract vehicle, which can affect ordering procedures, catalog content, and vendor participation.
Because applicability can depend on technical sourcing details, contracting officers should document the review and the basis for determining whether a FASCSA order applies to the acquisition.
Official Regulatory Text
(a) Executive agencies are prohibited from procuring or obtaining, or extending or renewing a contract to procure or obtain, any covered article, or any products or services produced or provided by a source, including contractor use of covered articles or sources, if that prohibition is established by an applicable FASCSA order issued by the Director of National Intelligence, Secretary of Defense, or Secretary of Homeland Security (the “issuing official”)(see 41 CFR 201–1.304(a) ). (b) If a covered article or the source is subject to an applicable Governmentwide FASCSA order issued collectively by the Director of National Intelligence, Secretary of Defense, and Secretary of Homeland Security, executive agencies responsible for management of the Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts shall facilitate implementation of a collective FASCSA order by removing the covered articles or sources identified in the FASCSA order from such contracts (see 41 CFR 201–1.303(g) ). (c) (1) FASCSA orders regarding sources or covered articles will be found in the System for Award Management (SAM), by searching for the phrase “FASCSA order”. SAM may be updated as new FASCSA orders are issued. (2) Some FASCSA orders will not be identified in SAM and will need to be identified in the solicitation to be effective for that acquisition. The requiring activity or program office will identify these FASCSA orders to the contracting officer (see 4.2304 (d)). (3) The contracting officer shall work with the program office or requiring activity to identify which FASCSA orders apply to the acquisition.