[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88923-88924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28419]


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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: 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 
[email protected]. Instructions: All items submitted must cite OMB 
Control No. 9000-0205, Implementation of Federal Acquisition

[[Page 88924]]

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: 

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 [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 Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2023-28419 Filed 12-22-23; 8:45 am]
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