Code of Federal Regulations Title 41. Public Contracts and Property Management § 41.201.202 Submitting Information to the FASC

(1) The FASC requests information relating to a particular source, covered article or covered procurement;  or

(2) An executive agency has determined there is a reasonable basis to conclude a substantial supply chain risk associated with a source, covered procurement, or covered article exists. In such instances, the executive agency shall provide the FASC with relevant information concerning the source or covered article, including:

(1) For classified information, the transmitting and receiving agencies shall ensure that information is provided to designated ISA personnel, who have an appropriate security clearance and a need to know the information. The ISA, Task Force, and the FASC will handle such information consistent with the applicable restrictions.

(2) Other protected information submitted to the FASC must be marked in accordance with any applicable intellectual property, business confidentiality, contractual, or other applicable dissemination rules. The FASC, the ISA, and the Task Force, will handle such information in a manner consistent with such markings.

(3) To the extent supply chain risk information submitted to the FASC includes information protected by the Procurement Integrity Act, agencies shall submit such information consistent with the FASC approved processes and procedures described in § 201.201. The FASC will handle such information consistent with the identified restrictions.

(1) The FASC may maintain its recommendations and any supply chain risk information as nonpublic, to the extent permitted by law, or otherwise release such information to impacted entities and appropriate stakeholders if circumstances warrant such an approach including but not limited to exercising its discretion regarding the timing of any such release of information, the scope of information to be released, and the intended recipients of such information.

(2) Any release by the FASC of recommendations and supply chain risk information will be in accordance title 41 U.S.C. 1323 and with § 201.202(d), (e), (f) and (g).

(3) The FASC will not release a recommendation to a non-federal entity, unless a decision on whether or not to issue an exclusion or removal order has been made, and the affected source has been notified.

(1) Controlled Unclassified Information, such as Law Enforcement Sensitive, Proprietary, Privileged, or Personally Identifiable Information, may only be disseminated in compliance with the safeguarding and dissemination controls applicable for that category of information and consistent with any additional administrative markings applied to this specific information as laid out in Executive Order 13556, Controlled Unclassified Information, 32 CFR part 2002.

(2) Classified Information may only be disseminated consistent with the restrictions applicable to the information and in accordance with the FASC's processes and procedures for disseminating classified information as required by this part.