FAR 52.204-29—Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.
Plain-English Summary
FAR 52.204-29 is the solicitation provision that requires offerors to check for and address Federal Acquisition Supply Chain Security Act (FASCSA) orders before submitting an offer. It covers the definitions incorporated from FAR 52.204-30, the prohibition on offering covered articles or products/services from prohibited sources, the required search of SAM for the phrase “FASCSA order,” the duty to review the solicitation for any applicable orders not posted in SAM, the rule that post-solicitation orders do not apply unless the solicitation is amended, the offeror’s representation that it has made a reasonable inquiry and is not offering prohibited items unless waived or disclosed, the detailed disclosure items required when compliance cannot be represented, and the contracting officer’s review of disclosures to determine whether a waiver should be sought. In practice, this provision is a front-end supply chain security screening tool: it forces offerors to identify prohibited technology or sources early, gives the Government visibility into potential noncompliance, and creates a path for waiver consideration when necessary. It matters because a failure to search, disclose, or correctly interpret an applicable FASCSA order can affect eligibility for award and can lead to avoidable proposal defects or post-award performance problems. The provision also makes clear that the contracting officer has discretion not to pursue a waiver and may instead award to another offeror that does not require one. Overall, this section is about preventing the Government from buying items or services that are barred by national-security-driven supply chain restrictions.
Key Rules
Incorporates key definitions
The provision relies on the definitions in FAR 52.204-30 for terms such as covered article, FASCSA order, source, reasonable inquiry, and the national-security-related system terms. Offerors and contracting officers must read this provision together with the prohibition clause to understand what items and entities are restricted.
Prohibits covered items and sources
An offeror may not provide or use, as part of contract performance, any covered article or any product or service produced or provided by a source if an applicable FASCSA order prohibits it. The restriction applies only when the order is applicable under FAR 52.204-30 and in effect for the solicitation.
Search SAM for FASCSA orders
The offeror must search SAM for the phrase “FASCSA order” to identify any applicable orders affecting covered articles or sources. This is a required due-diligence step and is not satisfied by informal knowledge or a general supply chain review alone.
Review the solicitation for non-SAM orders
The offeror must also review the solicitation itself for any FASCSA orders that are effective and applicable but not posted in SAM. This ensures the offeror does not miss restrictions that are embedded in the solicitation or otherwise identified by the agency.
Later-issued orders do not apply automatically
FASCSA orders issued after the solicitation date do not apply to the offer unless the agency amends the solicitation to add them. This protects offerors from having the rules changed after they have prepared their proposal, unless the Government formally updates the solicitation.
Make a reasonable-inquiry representation
By submitting an offer, the offeror represents that it conducted a reasonable inquiry and is not proposing to provide or use prohibited covered articles or sources, unless the solicitation waives the restriction or the offeror discloses the issue. This is a formal certification-like statement tied to the proposal submission.
Disclose when compliance cannot be represented
If the offeror cannot represent compliance, it must disclose specific information about the product or service, the covered article or source, the supplier, brand, model number, item description, and the reason the item or service is being provided or used. The disclosure is intended to give the Government enough detail to evaluate whether a waiver should be considered.
CO reviews disclosures for waiver action
The contracting officer reviews the disclosure to decide whether a waiver may be sought, but is not required to pursue one. The CO may instead award to another offeror that does not need a waiver, so disclosure does not guarantee relief or award.
Responsibilities
Offeror
Search SAM for applicable FASCSA orders, review the solicitation for any orders not in SAM, determine whether any proposed covered article or source is prohibited, conduct a reasonable inquiry, make the required representation, and provide full disclosures when compliance cannot be represented.
Contracting Officer
Include the provision when prescribed, review offeror disclosures, decide whether a waiver may be sought, and exercise discretion to pursue a waiver or make award to another offeror that does not require one.
Agency
Issue and maintain applicable FASCSA orders, ensure solicitation language reflects any applicable restrictions, and support waiver decisions and supply chain security compliance processes as needed.
System for Award Management (SAM)
Serve as the official repository where offerors search for the phrase “FASCSA order” to identify applicable restrictions posted for public notice and compliance screening.
Practical Implications
Offerors need a repeatable screening process for every solicitation, because compliance depends on both SAM and the solicitation text, not just internal supplier records.
A common pitfall is assuming that if an order is not in SAM, it does not apply; the provision expressly requires checking the solicitation for additional applicable orders.
Another frequent mistake is failing to document the “reasonable inquiry” behind the representation, which can create risk if the Government later questions the basis for the offeror’s certification.
If a prohibited item or source is identified, the disclosure must be detailed and specific; incomplete brand/model/vendor information can delay waiver review or make the offer nonresponsive in practice.
Contracting officers should remember that disclosure triggers review, not approval: they may decline to seek a waiver and simply award elsewhere, so offerors should not assume disclosure preserves award eligibility.
Official Regulatory Text
As prescribed in 4.2306 (b) , insert the following provision: Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023) (a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (c) Procedures . (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov ) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303 (c)(2)). (3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation. (d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e). (e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer: (1) Name of the product or service provided to the Government; (2) Name of the covered article or source subject to a FASCSA order; (3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror; (4) Brand; (5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (6) Item description; (7) Reason why the applicable covered article or the product or service is being provided or used; (f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver. (End of provision)