[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71864-71865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22940]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0205; Docket No. 2023-0053; Sequence No. 11]


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.

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SUMMARY: DoD, GSA, and NASA invite public comment on a proposed 
emergency information collection that will be submitted to the Office 
of

[[Page 71865]]

Management and Budget (OMB) for clearance, pursuant to the Paperwork 
Reduction Act of 1995. Comments are invited on: whether the proposed 
collection of information is necessary for 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.

DATES: DoD, GSA, and NASA will consider all comments regarding this 
emergency information collection received by November 17, 2023.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this emergency information collection through https://www.regulations.gov. Follow the instructions on the website. 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 [email protected].
    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 314-586-1280, or [email protected].

SUPPLEMENTARY INFORMATION: This proposed emergency information 
collection request contains:

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

    The DoD, GSA, and NASA provided notification of the applicability 
of the Paperwork Reduction Act. Agency and public comments were 
solicited through an interim rule under FAR Case 2020-011, 
Implementation of FASCSA Orders. This clearance covers the information 
that offerors/contractors must submit to comply with the following 
interim Federal Acquisition Regulation (FAR) rule 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 a 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 or used.
    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:
    (A) Contract number.
    (B) Order number(s), if applicable.
    (C) Name of the product or service provided to the Government or 
used during performance of the contract.
    (D) Name of the covered article or source subject to a FASCSA 
order.
    (E) 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.
    (F) Brand.
    (G) Model number (original equipment manufacturer number, 
manufacturer part number, or wholesaler number).
    (H) Item description.
    (I) Any readily available information about mitigation actions 
undertaken or recommended.
    The contractor must also submit additional information within 10 
business 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 or use and any additional efforts to 
prevent future submission or use of the covered article or the product 
or service produced or provided by a source subject to an applicable 
FASCSA order.
    Information collected under the provision FAR 52.204-29 will be 
used 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.
    Information collected under the clause at FAR 52.204-30 will 
consist of reports from contractors who have identified, post-award, 
that a covered article or product or service produced or provided by a 
source subject to a FASCSA order was provided or used as part of the 
performance of the contract to the Government during contract 
performance.

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 [email protected]. 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 Government-
wide Acquisition Policy, Office of Acquisition Policy, Office of 
Government-wide Policy.
[FR Doc. 2023-22940 Filed 10-17-23; 8:45 am]
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