504.7004 Acquisition Considerations.

(a) Acquisition Planning. For cyber-supply chain risk management acquisition planning considerations, see 507.105 (f).

(b) Market Research. For cyber-supply chain risk management market research considerations, see 510.002 (c) and (d)

(c) Evaluation. As part of evaluating past performance, review the Contractor Performance Assessment Reporting System (CPARS) for any reported noncompliance with supply chain requirements and/or otherwise evaluate similar past performance information in accordance with the policies and procedures contained in the applicable subpart.

(d) Pre-award. Apparent successful offeror. If the apparent successful offeror responds that it “will” provide or “does” use covered telecommunications equipment or services in response to the representation provision at FAR 52.204-24 then, regardless of the offeror’s response to the SAM representation provision(s) (e.g., FAR 52.204-26, FAR 52.212-3(v)), clarify with the apparent successful offeror to ensure that it accurately completed the representation(s). After clarifying the apparent successful offeror accurately completed the representation(s), follow the procedures at 504.7005 (c) and consider the following:

(1) If the contracting officer determines that awarding to the apparent successful offeror will result in a violation of the prohibition at FAR 52.204-24(b), the contracting officer should determine that the offeror is not eligible for award and should move to the next offeror in line for award.

(2) If the contracting officer does not identify an eligible offeror, the acquisition team should explore other acquisition strategies, making a partial award, cancelling the solicitation, changing the requirement, or finding another approach that does not involve the use of covered telecommunications equipment or services.

(3) As a last resort, the acquisition team may consider pursuing a waiver for an offeror. The acquisition team should contact the appropriate Cyber-Supply Chain Risk Management Policy Advisor (see 504.7003 (a)) for assistance and coordination. Instructions for requesting a waiver are available on the GSA Acquisition Portal (http://insite.gsa.gov/cscrm).