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[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70660-70661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29388]

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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3009 and 3052

[Docket No. DHS-2010-0017]
RIN 1601-AA55

Prohibition on Federal Protective Service Guard Services 
Contracts With Business Concerns Owned, Controlled, or Operated by an 
Individual Convicted of a Felony [HSAR Case 2009-001]; Correction

AGENCY: Office of the Chief Procurement Officer, DHS.

ACTION: Correcting amendment.

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SUMMARY: This document corrects internal citations within the Homeland 
Security Acquisition Regulation to reflect previous redesignation of 
sections related to contracting with corporate expatriates and the 
recodification of certain public contracting laws in title 41, United 
States Code.

DATES: Effective Date: November 15, 2011.

FOR FURTHER INFORMATION CONTACT: Ann Van Houten, Procurement Analyst, 
at (202) 447-5285, for clarification of content.

SUPPLEMENTARY INFORMATION: 
    This document corrects internal citations within the Department of 
Homeland Security (DHS) Homeland Security Acquisition Regulation (HSAR) 
at parts 3009 and 3052 to reflect a prior redesignation of related 
sections and the recodification of certain public contracting laws in 
title 41, United States Code, by Public Law 111-350, 124 Stat. 367 
(Jan. 4, 2011).
    On November 16, 2009, DHS published a final rule entitled 
Prohibition on Federal Protective Service Guard Services Contracts With 
Business Concerns Owned, Controlled, or Operated by an Individual 
Convicted of a Felony [HSAR Case 2009-001], 74 FR 58851 (Nov. 16, 
2009), implementing prohibitions related to contracting with guard 
services owned, controlled or operated by an individual who has been 
convicted of a serious felony. This final rule resulted in the 
resdesignation of multiple sections within the HSAR. On December 16, 
2009, DHS corrected the final rule by redesignating section 3009.104-70 
as section 3009.108-70, and subsections 3009.104-71 through 3009.104-75 
as subsections 3009.108-7001 through 3009.108-7005. 74 FR 66584 (Dec. 
16, 2009). This amendment corrects internal references within 
subsections 3009.108-7001, 3009.108-7004 and 3052.209-70 to reflect the 
previous redesignations.
    The amendment also corrects the authority citation for Parts 3009 
and 3052 resulting from the recodification of certain public 
contracting laws in title 41 by Public Law 111-350, 124 Stat. 367 (Jan. 
4, 2011).

List of Subjects in 48 CFR Parts 3009 and 3052

    Government procurement.

Correcting Amendments

    Accordingly, 48 CFR Parts 3009 and 3052 are corrected by making the 
following amendments:

PART 3009--CONTRACTOR QUALIFICATIONS

0
1. The authority citation for part 3009 is revised to read as follows:

[[Page 70661]]

    Authority:  5 U.S.C. 301-302, 41 U.S.C. 1707(a) and (b), 41 
U.S.C. 1702, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 
0700.

0
2. Section 3009.108-7001 is revised to read as follows:

3009.108-7001  General.

    Except as provided in (HSAR) 48 CFR 3009.108-7004, DHS may not 
enter into any contract with a foreign incorporated entity which is 
treated as an inverted domestic corporation under subsection (b) of 
section 835 of the Homeland Security Act, 6 U.S.C. 395(b), or any 
subsidiary of such an entity.

0
3. Section 3009.108-7004(a) is revised to read as follows:

3009.108-7004  Waivers.

    (a) The Secretary shall waive the provisions of (HSAR) 48 CFR 
3009.108-7001 with respect to any specific contract if the Secretary 
determines that the waiver is required in the interest of national 
security.
* * * * *

PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. The authority citation for part 3052 is revised to read as follows:

    Authority:  5 U.S.C. 301-302, 41 U.S.C. 1707(a) and (b), 41 
U.S.C. 1702, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 
0700.

0
5. Section 3052.209-70 is amended by revising the introductory text and 
paragraph (f) of the clause to read as follows:

3052.209-70  Prohibition on contracts with corporate expatriates.

    As prescribed at (HSAR) 48 CFR 3009.108-7005, insert the following 
clause:
* * * * *
    (f) Disclosure. The offeror under this solicitation represents that 
[Check one]:
    -- it is not a foreign incorporated entity that should be treated 
as an inverted domestic corporation pursuant to the criteria of (HSAR) 
48 CFR 3009.108-7000 through 3009.108-7003;
    -- it is a foreign incorporated entity that should be treated as an 
inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 
3009.108-7000 through 3009.108-7003, but it has submitted a request for 
waiver pursuant to 3009.108-7004, which has not been denied; or
    -- it is a foreign incorporated entity that should be treated as an 
inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 
3009.108-7000 through 3009.108-7003, but it plans to submit a request 
for waiver pursuant to 3009.108-7004.
* * * * *

Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of 
Homeland Security.
[FR Doc. 2011-29388 Filed 11-14-11; 8:45 am]
BILLING CODE 9110-9B-P
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