FAR 4.2304—Procedures.
Plain-English Summary
FAR 4.2304 explains the procedures contracting officers must use to identify, apply, update, and document Federal Acquisition Supply Chain Security Act (FASCSA) orders in acquisitions. It covers how to determine which FASCSA orders apply based on the agency, funding source, and type of acquisition; how to handle Federal Supply Schedules, GWACs, and multi-agency contracts at either the contract level or order level; how to deal with collective orders issued by DHS, DoD, and the Director of National Intelligence; how to resolve interagency acquisition questions and inconsistencies between a basic contract and an order; and how to update solicitations or contracts when new orders are issued. It also addresses agency-specific procedures for orders not listed in SAM, offeror disclosures, waiver handling including partial waivers, and reporting by contractors. In practice, this section is the operational roadmap for making sure supply chain security restrictions are correctly flowed into solicitations, contracts, and orders, and that prohibited sources or covered articles are identified and removed when required. It matters because failure to apply the right order, update the contract on time, or document exceptions can create compliance gaps, award delays, or the need to modify existing contracts after award.
Key Rules
Identify applicable orders early
The contracting officer must coordinate with the program office or requiring activity to determine which FASCSA orders apply to the acquisition. Applicability depends on the agency, the scope of the order, the funding source, and whether the requirement involves covered information systems.
Default civilian and DoD rule
Unless told otherwise by the program office or requiring activity, civilian agency contracts are subject to DHS FASCSA orders and DoD contracts are subject to DoD FASCSA orders. If the requiring activity directs otherwise, the contracting officer must make a yes/no selection for each applicable order type, including DHS, DoD, and DNI orders.
Special rules for schedules and GWACs
For Federal Supply Schedules, GWACs, and multi-agency contracts, the awarding agency may apply FASCSA orders at the basic contract level or at the order level. Contract-level application is preferred when small-value orders or orders without RFQs are expected, because ordering activities can use the vehicle without re-identifying applicable orders each time.
Modify for new or collective orders
If a newly issued applicable FASCSA order affects a basic contract, the agency must modify the contract to remove covered articles or prohibited sources. If a collective order is issued by DHS, DoD, and the DNI together, the contracting officer must modify the basic contract to reflect the order’s requirements.
Funding agency controls interagency acquisitions
For interagency acquisitions where the funding agency and awarding agency are different, the funding agency determines the applicable FASCSA orders. If there is any inconsistency between the basic contract and the order, the FASCSA orders identified in the order control.
Update solicitations and contracts promptly
The contracting officer must amend a solicitation to capture orders issued after solicitation release but before award, and must modify a contract to capture orders issued after award when the program office or requiring activity determines it is necessary. The modification should occur within a reasonable time, and no later than six months after that determination, unless the file documents why it could not be done.
Follow agency-specific procedures
For FASCSA orders not identified in SAM, the contracting officer must follow agency procedures for implementation. This ensures agencies can handle orders that require internal processing beyond the standard SAM-based workflow.
Handle disclosures and waiver decisions
If an offeror makes a disclosure under the representation and disclosures clause, the contracting officer must work with the program office or requiring activity to decide whether to seek a waiver, if available, or not award to that offeror. For order-level application, the disclosure language is handled in the prohibition clause alternate.
Account for partial waivers
A waiver may cover all or only part of the acquisition. If only part of the products or services are covered by an approved waiver, the contracting officer must identify in the solicitation, RFQ, or order which covered articles or services are subject to the waiver.
Coordinate on contractor reporting
If a contractor submits a report under the prohibition clause, the contracting officer must engage with the agency supply chain risk management function or other appropriate officials to address the report in accordance with agency procedures.
Responsibilities
Contracting Officer
Coordinate with the program office or requiring activity to identify applicable FASCSA orders; apply the correct default or directed order selections; update solicitations and contracts when new orders are issued; follow agency procedures for orders not in SAM; document delays when required; work with the program office on disclosures, waivers, and partial waiver language; and coordinate responses to contractor reports.
Program Office or Requiring Activity
Tell the contracting officer whether special order selections are needed; determine whether solicitation amendments or contract modifications are necessary when new orders are issued; notify the contracting officer when an acquisition is partially covered by a waiver; and help decide whether to pursue a waiver or avoid award to a disclosing offeror.
Funding Agency
In interagency acquisitions where funding and awarding agencies differ, determine which FASCSA orders apply to the acquisition.
Awarding Agency
For schedules, GWACs, and multi-agency contracts, decide whether to apply FASCSA orders at the basic contract level or at the order level; modify the basic contract when newly issued orders require removal of covered articles or prohibited sources; and ensure the vehicle reflects collective orders when applicable.
Contractor / Offeror
Provide required disclosures under the applicable representation and disclosure clause; submit reports when required by the prohibition clause; and comply with any applicable FASCSA order restrictions, including waiver limitations and source prohibitions.
Agency Supply Chain Risk Management Officials
Assist the contracting officer in evaluating contractor reports and implementing agency procedures related to supply chain security issues.
Practical Implications
This section is a workflow rule set, not just a compliance citation: contracting officers need an early determination of applicable orders before award, especially when the acquisition may involve covered systems or interagency funding.
The biggest operational risk is assuming the default order set applies without checking whether the requiring activity has directed a different set of DHS, DoD, or DNI orders.
For schedules and GWACs, deciding whether to apply orders at the contract level or order level affects how much work ordering COs must do later; contract-level application is simpler but may require more frequent basic contract modifications.
Newly issued orders can force amendments before award or modifications after award, so teams need a process to monitor order issuance and document any delay beyond six months.
Waivers and disclosures require close coordination with the program office; partial waivers are especially easy to mishandle if the solicitation or order does not clearly identify which items or services remain covered.
Official Regulatory Text
(a) Identifying applicable FASCSA orders. The applicability of FASCSA orders to a particular acquisition depends on the contracting office's agency, the scope of the FASCSA order, the funding, and whether the requirement involves certain types of information systems (see the definition of FASCSA order at 4.2301 ). The contracting officer shall coordinate with the program office or requiring activity to identify the FASCSA order(s) that apply to the acquisition as follows: (1) Unless the program office or requiring activity instructs the contracting officer otherwise, FASCSA orders apply as follows: contracts awarded by civilian agencies will be subject to DHS FASCSA orders, and contracts awarded by the Department of Defense will be subject to DoD FASCSA orders. See paragraph (b) of 52.204-30 , Federal Acquisition Supply Chain Security Act Orders-Prohibition. (2) For acquisitions where the program office or the requiring activity instructs the contracting officer to select specific FASCSA orders, the contracting officer must select “yes” or “no” for each applicable type of FASCSA order ( i.e. , “DHS FASCSA Order” “DoD FASCSA Order” or “DNI FASCSA Order”). See paragraph (b)(1) of 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate I. (b) Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts specific procedures— (1) Applying FASCSA orders. An agency awarding this type of contract may choose to apply FASCSA orders in accordance with agency policy as follows: (i) Application at the contract level. The agency awarding the basic contract may choose to apply FASCSA orders to the basic contract award. This is the preferred method, especially if small value orders or orders without a request for quotation (RFQ) are expected. Ordering activity contracting officers may use this contract vehicle without taking further steps to identify applicable FASCSA orders in the order. The contracting officer awarding the basic contract would select “yes” for all FASCSA orders ( i.e., “DHS FASCSA Order” “DoD FASCSA Order” and “DNI FASCSA Order”) (see paragraph (b)(1) of 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate I). If the contracting officer becomes aware of a newly issued applicable FASCSA order, then the agency awarding the basic contract shall modify the basic contract to remove any covered article, or any products or services produced or provided by a source, prohibited by the newly issued FASCSA order. (ii) Application at the order level. The agency awarding the basic contract may choose to apply FASCSA orders at the order level, as implemented by the ordering activity contracting officer. (2) Collective FASCSA orders. If a new FASCSA order is issued collectively by the Secretary of Homeland Security, Secretary of Defense, and Director of National Intelligence, then the contracting officer shall modify the basic contract based upon the requirements of the order, removing any covered article, or any products or services produced or provided by a source (see 4.2303 (b)). (3) Interagency acquisitions. For an interagency acquisition (see subpart 17.5 ) where the funding agency differs from the awarding agency, the funding agency shall determine the applicable FASCSA orders. (4) Inconsistencies. If any inconsistency is identified between the basic contract and the order, then the FASCSA orders identified in the order will take precedence. (c) Updating the solicitation or contract for new FASCSA orders. The contracting officer shall update a solicitation or contract if the program office or requiring activity determines it is necessary to: (1) Amend the solicitation to incorporate FASCSA orders in effect after the date the solicitation was issued but prior to contract award; or (2) Modify the contract to incorporate FASCSA orders issued after the date of contract award. (i) Any such modification should take place within a reasonable amount of time, but no later than 6 months from the determination of the program office or requiring activity. (ii) If the contract is not modified within the time specified in paragraph (c)(2)(i) of this section, then the contract file shall be documented providing rationale why the contract could not be modified within this timeframe. (d) Agency specific procedures. The contracting officer shall follow agency procedures for implementing FASCSA orders not identified in SAM (see 4.2303 (c)(2)). (e) Disclosures. If an offeror provides a disclosure pursuant to paragraph (e) of 52.204-29 , Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures, the contracting officer shall engage with the program office or requiring activity to determine whether to pursue a waiver, if available, in accordance with 4.2305 and agency procedures or not award to that offeror. For FASCSA orders handled at the order level, the disclosures language is found at paragraph (b)(5) of 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II. (f) Waiver. An acquisition may be either fully or partially covered by a waiver. Partial waiver coverage occurs when only portions of the products or services being procured or provided by a source are covered by an applicable waiver. If the requiring activity notifies the contracting officer that the acquisition is partially covered by an approved individual waiver or class waiver under 4.2305, then the contracting officer shall work with the program office or requiring activity to identify in the solicitation, RFQ, or order, the covered articles or services produced by or provided by a source that are subject to the waiver (see 41 CFR 201–1.304(b) ). (g) Reporting. If a contractor provides a report pursuant to paragraph (c) of 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition, the contracting officer shall engage with the agency supply chain risk management program in accordance with agency procedures.