Subpart 3001.1—Purpose, Authority,

Issuance

Parent topic: PART 3001—FEDERAL ACQUISITION REGULATIONS SYSTEM

3001.101 Purpose.

The Department of Homeland Security Acquisition Regulation (HSAR) establishes uniform

acquisition policies and procedures, which implement and supplement the Federal Acquisition

Regulation (FAR).

3001.102 Statement of Guiding Principles for the Federal

Acquisition System.

(d) The FAR and this supplement are to be interpreted permissively, if consistent with statutory and

regulatory requirements, policy, and sound professional judgment.

3001.103 Authority.

The HSAR is issued by DHS's Chief Procurement Officer, who is the Senior Procurement Executive

(SPE), see 41 U.S.C. 1702 and DHS Delegation Number 0702, under authority of 5 U.S.C. 301–302,

the Office of Federal Procurement Policy Act, Pub. L. No. 93–400, 88 Stat. 796 (1974), including

sections 22 and 25, 41 U.S.C. 1707, 1302 and 1303, and (FAR) 48 CFR part 1, subpart 1.3.

3001.104 Applicability.

(a) The following order of precedence applies to resolve any acquisition regulation or procedural

inconsistency found within HSAR or the Homeland Security Acquisition Manual (HSAM):

(1) Statute;

(2) FAR or other applicable regulation or Executive Order;

(3) HSAR;

(4) Department of Homeland Security (DHS) Directives; and

(5) HSAM.

(b) The Transportation Security Administration (TSA) exception to this regulation is authorized by

the Aviation and Transportation Security Act of 2001 (ATSA) (section 101(a) of Public Law 107–71,

as implemented at section 114(o) of title 49) for contracts awarded by TSA pursuant to this ATSA

authority. The Consolidated Appropriations Act of 2008, Public Law 110–161, Division E, Title V,
section 568 eliminates ATSA section 114(o) effective June 23, 2008. Accordingly, TSA acquisitions

initiated after June 22, 2008 are subject to 48 CFR Chapters 1 and 30.

(c) Contracts involving Non-Appropriated Fund Instrumentalities (NAFIs) must contain suitable

dispute provisions and may provide for appellate dispute jurisdiction in the Civilian Board of

Contract Appeals (CBCA). However, the contract must not attempt to confer court jurisdiction that

does not otherwise exist.

(d) The FAR and HSAR may be followed, where feasible, for:

(1) No-cost contracts;

(2) Concession contracts; and

(3) Contracts on behalf of NAFIs entered into by appropriated fund contracting officers.

3001.105 Issuance.

3001.105-1 Publication and code arrangement.

(a) The HSAR is published in:

(1) The Federal Register and

(2) Cumulated form in the Code of Federal Regulations (CFR).

3001.105-2 Arrangement of regulations.

(a) General. The HSAR, which encompasses both Department-wide and Component-unique guidance,

conforms to the arrangement and numbering system prescribed by (FAR) 48 CFR 1.105–2. Guidance

that is unique to a Component contains the organization's acronym or abbreviation directly following

the title. The following acronyms and abbreviations apply:

DHS Management (MGMT), including the Office of Procurement Operations (OPO) and the Office of

Selective Acquisitions (OSA);

Federal Emergency Management Agency (FEMA);

Federal Law Enforcement Training Center (FLETC);

Transportation Security Administration (TSA);

U.S. Citizenship and Immigration Services (USCIS);

U.S. Coast Guard (USCG);

U.S. Customs and Border Protection (CBP);
U.S. Immigration and Customs Enforcement (ICE); and

U.S. Secret Service (USSS).

3001.105-3 Copies.

Official versions of the HSAR are available in the Code of Federal Regulations, as supplemented and

revised from time to time by the Federal Register, both of which are available from the Government

Publishing Office in paper form. The HSAR is also available in electronic form at

https://www.ecfr.gov/. The Homeland Security Acquisition Manual (HSAM), which complements the

HSAR, can also be found at http://www.dhs.gov.

3001.106 OMB Approval under the Paperwork Reduction

Act.

(a) The Office of Management and Budget (OMB) has assigned the following control numbers that

must appear on the upper right-hand corner of the face page of each solicitation, contract,

modification, and order:

OMB Control No. 1600–002 (Contract related forms)

OMB Control No. 1600–005 (Offeror submissions)

OMB Control No. 1600–003 (Contractor submissions)

OMB Control No. 1600–004 (Protests)

OMB Control No. 1601–0023 (Safeguarding of Controlled Unclassified Information)

(b) OMB regulations and OMB's approval and assignment of control numbers are conditioned upon

not requiring more than three copies (including the original) of any document of information. OMB

has granted a waiver to permit the Department to require up to eight copies of proposal packages,

including proprietary data, for solicitations, provided that contractors who submit only an original

and two copies will not be placed at a disadvantage.