2023-28419. Information Collection; Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders

AGENCY:

Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Notice and request for comments.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through April 30, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.

DATES:

DoD, GSA, and NASA will consider all comments received by February 26, 2024.

ADDRESSES:

DoD, GSA, and NASA invite interested persons to submit comments on this collection through https://www.regulations.gov and follow the instructions on the site. This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. If there are difficulties submitting comments, contact the GSA Regulatory Secretariat Division at 202–501–4755 or [e-mail]. Instructions: All items submitted must cite OMB Control No. 9000–0205, Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders. Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two-to-three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT:

Marissa Ryba, Procurement Analyst, at telephone [phone], or [e-mail].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and any Associated Form(s)

9000–0205, Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders

B. Need and Uses

This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements:

a. FAR 52.204–29, Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. This provision prohibits contractors 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 covered article or the source is subject to an applicable FASCSA order identified in the clause at FAR 52.204–30(b)(1).

By submitting an offer, offerors are representing compliance with the prohibition. If an offeror cannot represent compliance with the prohibition, then the offeror must disclose the following information in accordance with 52.204–29(e):

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to an FASCA 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;

b. FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. This clause requires contractors to provide a report to the Government within 3 business days if the contractor identifies that the contractor or any-tier subcontractor, delivered or used a covered article or product or service subject to a FASCSA order. The report requires the following information:

(1) Contract number;

(2) Order number(s), if applicable;

(3) Name of the product or service provided to the Government;

(4) Name of the covered article or source subject to a FASCSA order;

(5) 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 Contractor;

(6) Brand;

(7) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(8) Item description; and

(9) Any readily available information about mitigation actions undertaken or recommended.

The contractor must also submit additional information within 10 days of submitting the first report identifying any further available information about mitigation actions undertaken or recommended. Additionally, the contractor shall describe the efforts it undertook to prevent submission and any additional efforts to prevent future submission of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order.

FAR provision 52.204–29. Information collected under will be by the government to determine whether to seek a waiver from a FASCSA order issued under the authority of the Federal Acquisition Supply Chain Security Act of 2018.

FAR clause 52.204–30 will Information collected will be used by the contracting officer working with the requirement activity to determine whether it is necessary to take further action and modify the contract.

C. Annual Burden

Respondents/Recordkeepers: 6,113.

Total Annual Responses: 1.

Total Burden Hours: 12,226.

Obtaining Copies: Requesters may obtain a copy of the information collection documents from the GSA Regulatory Secretariat Division by calling 202–501–4755 or emailing [e-mail]. Please cite OMB Control No. 9000–0205, Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders.

Janet Fry,

Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.