Securing the Federal Supply Chain: FASCSA Exclusion and Removal Orders

In recent years the Federal government has increased scrutiny of government suppliers, with emphasis on securing the Federal supply chain and limiting the Government’s reliance on products, services, and components from foreign adversaries. The primary focus of such scrutiny undoubtedly has been the information and communications technology industries, which are essential to the operations of Government information systems. To strengthen coordination and information sharing among executive agencies relating to vulnerabilities created by use of foreign suppliers, the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) established the Federal Acquisition Security Council (FASC) and tasked the Council with recommending the removal or exclusion of certain articles and suppliers from Government information systems – recommendations that take immediate regulatory effect thanks to the FAR Council’s October 2023 Interim Rule establishing several new mandatory FAR clauses.

Join Sheppard Mullin attorneys Ariel Debin and Lily Damalouji in this 90 minute session where we walk through the Federal Acquisition Supply Chain Security Act of 2018, the roles and responsibilities of the FASC in issuing exclusion and removal orders, and, ultimately, how we anticipate the Interim FAR Rule will impact Government contractors. We will cover key concepts and definitions, walk through the anticipated compliance requirements, and use our experience from other regulatory supply chain and sourcing restrictions to consider outstanding questions and compliance best practices as we wait for the FASC to issue its first recommendations.

Instructor: Ariel Debin & Lily Damalouji, SheppardMullin