AAPD 24-02: Implementing FASCSA Orders

Applies to: Acquisition

Purpose: The purpose of this AAPD is to provide guidance to the USAID acquisition workforce regarding the interim rule “Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders” (FAR Case 2020-011). Effective December 4, 2023, this rule creates a new Subpart 4.23 (“Federal Acquisition Security Council”) with requirements for agencies, as well as a new solicitation provision and contact clauses with requirements for contractors. These additions to the FAR prohibit contractors from providing or using any covered article, or any products or services produced or provided by a source, if that covered article or source is subject to an applicable FASCSA order. These requirements address risks in supply chains by reducing or removing threats and vulnerabilities that may lead to data and intellectual property theft, damage to critical infrastructure, harm to Federal information systems, and other threats to national security.

Required Actions: Contracting Officers must insert the new FAR 52.204-29 provision and FAR 52.204-30 clause in new solicitations and contracts, as well as modify certain existing contracts, in accordance with the instructions found in the AAPD.

Date Issued: November 30, 2023