whatbindsCheck your order

Clauses · FAR · Banned sources and products · provision

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

Does the regulation require it to flow down?

No

A solicitation provision with no subcontracts paragraph. Primes still push it down because 52.204-30(e) makes them insert the substance of the FASCSA prohibition clause in all subcontracts and other contractual instruments including commercial ones, and because the prime's own (d) representation — 'the offeror has conducted a reasonable inquiry' — is only as good as what its suppliers told it.

A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.

Checked against acquisition.gov on 2026-08-05 · edition DEC 2023 (codified FAR, unchanged through FAC 2026-01, effective 2026-03-13). [Reserved] under the RFO deviation regime — folded into 52.240-90(d). · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you fill in and send back

    Hours, once you know which one is missing.

    • The representation that you conducted a reasonable inquiry and are proposing nothing prohibited by a supply chain order, and, where you cannot say that, the disclosure of seven items — product or service name, the covered article or source, the supplying vendor with CAGE code and unique entity identifier if known, brand, model number, item description and why it is used

      FAR 52.204-29(d)

When it is used

FAR 4.2306(b): in all solicitations except Federal Supply Schedules, GWACs, and multi-agency contracts — and in those three when FASCSA orders are applied at the contract level. No dollar threshold; subpart 4.23 states no commercial or COTS exception (4.2300). One date rule is worth knowing: FASCSA orders issued after the solicitation date do not apply unless added by amendment (paragraph (c)(3)), so the rep is fixed to the orders in force on the day the solicitation went out. Authority sunsets 2033-12-31 (41 U.S.C. 1328).

Read closely

The search is for the phrase 'FASCSA order' in SAM, plus a read of the solicitation itself, because some orders are never posted in SAM and take effect only where the solicitation names them. Which orders apply follows the buying agency: Homeland Security orders for civilian agencies, Defense orders for defense, National Intelligence orders for the intelligence community. Orders issued after the solicitation date do not apply unless added by amendment (paragraph (c)(3)). The disclosure exists so the government can weigh a waiver, and the contracting officer may simply award to someone who needs none.

The 6 templates that name it, with the line

Source: acquisition.gov, FAR 52.204-29, 4.2306(b), 4.2300, 4.2303, 4.2304(e), 4.2305, and 52.204-30(e); RFO model text at acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 (verified 2026-08-05)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.