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[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Proposed Rules]               
[Page 55529-55538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se10-19]                         

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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3001, 3002, 3003, 3004, 3005, 3006, 3009, 3012, 3018, 
3022, 3023, 3033, 3035, 3036, 3042, 3045, 3052, and 3053

[Docket No. DHS-2009-0085; HSAR Case 2009-002]
RIN 1601-AA28

 
Homeland Security Acquisition Regulation (HSAR); Revision 
Initiative

AGENCY: Office of the Chief Procurement Officer, DHS.

ACTION: Proposed rule with request for comments.

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SUMMARY: DHS is proposing to amend multiple sections of the Homeland 
Security Acquisition Regulation (HSAR) to align existing content with 
the Federal Acquisition Regulation (FAR); to implement Section 695 of 
the Post-Katrina Emergency Management Reform Act of 2006; to clarify 
agency acquisition regulations; and to provide editorial corrections. 
The HSAR Part 3006 proposed amendment reflects the necessary 
implementation for the statutory change restricting the length of 
certain noncompetitive contracts entered into by the Department of 
Homeland Security to facilitate the response to or recovery from a 
natural disaster, act of terrorism, or other man-made disaster.

DATES: Comments must reach the Department of Homeland Security, Office 
of the Chief Procurement Officer, Acquisition Policy and Legislation, 
on or before November 12, 2010, to be considered in the formulation of 
the final rule.

ADDRESSES: Please submit written comments, identified by agency name 
and docket number DHS-2009-0085, by one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. To 
submit comments, follow instructions on www.regulations.gov and use 
docket number DHS-2009-0085.
    (2) By mail to the Department of Homeland Security, Office of the 
Chief Procurement Officer, Acquisition Policy and Legislation, ATTN: 
Teresa McConahie, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 
20528.

FOR FURTHER INFORMATION CONTACT: Teresa McConahie, Senior Procurement 
Analyst, at (202) 447-0271 for clarification of content.

SUPPLEMENTARY INFORMATION:

I. Request for Comments
II. Background
III. Discussion of Proposed Rule
IV. Regulatory Analyses
    A. Executive Order 12866 Assessment
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Executive Order 13132 (Federalism)
    E. National Environmental Policy Act

I. Request for Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views or arguments on all aspects of this 
proposed rule. Comments should be organized by Homeland Security 
Acquisition Regulation (HSAR) Part, and address the specific section 
that is being commented on. All comments received will be posted 
without change to http://regulations.gov, including any personal 
information provided. See ADDRESSES above for information on how to 
submit comments. If you submit comments by mail, please submit them in 
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you would like DHS to acknowledge 
receipt of comments submitted by mail, please enclose a self-addressed, 
stamped post card or envelope. DHS will consider all comments and 
material received during the comment period.
    Docket: For access to the docket in order to read background 
documents or comments received, go to http://www.regulations.gov, 
follow the instructions or review the FAQs tab on the home page.

II. Background

    This proposed rule would amend the Department's acquisition 
regulation which was initially issued in 2003. 68 FR 67871 (Dec. 4, 
2003) as amended at 71 FR 25767 (May 2, 2006). Section 695 of the Post-
Katrina Emergency Management Reform Act of 2006 (PKEMRA), Public Law 
109-295, 120 Stat. 1394, 1460 (Oct. 4, 2006), directed the Secretary to 
promulgate regulations establishing a 150-day contract period limit for 
declared disaster-or-recovery-related contracts ``entered into using 
procedures other than competitive procedures.'' Contracts to be covered 
by the proposed section 695 PKEMRA

[[Page 55530]]

regulation are those awarded in response to or recovery from certain 
events: (1) A major disaster or emergency declared by the President; 
(2) an uncontrolled fire that the Federal Emergency Management Agency 
has approved under a fire management assistance declaration; or (3) an 
incident for which the National Operations Center (NOC), through the 
National Response Coordination Center (NRCC), coordinates the 
activation of the appropriate Emergency Support Functions and the 
Secretary of Homeland Security has designated a Federal Resource 
Coordinator (FRC) to manage Federal resource support. Following is a 
description of events and processes leading to such declarations or 
designations.

Stafford Act Major Disaster or Emergency Declaration

    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, 42 U.S.C. 5121 through 5207 (The Stafford Act), and its 
implementing regulations at 44 CFR part 206 set forth a process for a 
Governor to request the President to declare a major disaster or 
emergency:
    [cir] If an event is beyond the combined response capabilities of 
the State and affected local governments; and
    [cir] If, based on the findings of a joint Federal-State-local 
Preliminary Damage Assessment (PDA), the damages are of sufficient 
severity and magnitude to warrant assistance under the Stafford Act. In 
a particularly fast-moving or clearly devastating disaster, there may 
be an expedited declaration, and the PDA may be deferred until after 
the declaration.
    [cir] The President may direct emergency assistance without a 
Governor's request if an incident occurs that involves a subject area 
that is exclusively or preeminently the responsibility of the United 
States. The President will consult the Governor of any affected State, 
if practicable.
    [cir] FEMA may provide accelerated Federal assistance and support 
where necessary to save lives, prevent human suffering, or mitigate 
severe damage, even in the absence of a specific request. The Governor 
of the affected State will be consulted if practicable, but this 
consultation shall not delay or impede the provision of such rapid 
assistance.

Fire Management Assistance Declarations

    The Governor of a State submits the request for a fire management 
assistance declaration to the Regional Director while the fire is 
burning uncontrolled. The Regional Director gathers the State's 
information, calls upon the Principal Advisor for an assessment, and 
develops a Regional summary and recommendation to be forwarded to the 
FEMA Recovery Division Director, or designee. The FEMA Recovery 
Division Director approves or denies the State's request based on:

The conditions that existed at the time of the State's request;
Whether or not the fire or fire complex threatens such destruction as 
would constitute a major disaster.

    There are four criteria in which the FEMA Recovery Division 
Director, or designee, evaluates the threat posed by a fire or fire 
complex:
     Threat to lives and improved property, including threats 
to critical facilities/infrastructure, and critical watershed areas;
     Availability of State and local firefighting resources;
     High fire danger conditions, as indicated by nationally 
accepted indices such as the National Fire Danger Ratings System; and
     Potential major economic impact.
    After rendering a determination, the FEMA Recovery Division 
Director, or designee, notifies the Regional Director, who in turn 
notifies the State.

Designation of Federal Resource Coordinator in Non-Stafford Act 
Situations

    The Department of Homeland Security (DHS) sometimes takes action to 
support a Federal department or agency that has requested DHS 
assistance in handling a disaster that falls under the requesting 
department or agency's jurisdiction. Key operational units that may be 
activated include the National Response Coordination Center (NRCC), 
Regional Response Coordination Center (RRCC), and Joint Field Office 
(JFO).
    Federal departments and agencies routinely manage the response to 
incidents under their statutory or executive authority that do not 
require the assistance of other Federal agencies. When a Federal entity 
with primary responsibility and authority for handling an incident 
requires assistance, that agency may request DHS coordination of 
Federal multiagency assistance. In such cases, DHS coordinates 
assistance using the procedures and structures within the National 
Response Framework. Generally, the requesting agency funds the 
participation of other Federal departments and agencies in accordance 
with provisions of the Economy Act unless other pertinent authorities 
exist.
    To initiate Federal-to-Federal support, the requesting agency 
submits a request for assistance to the DHS Executive Secretary via the 
National Operations Center (NOC). Requests include a summary of the 
situation, types and amount of resources needed, financial information, 
and any other appropriate details. Upon approval of the request, the 
Secretary of Homeland Security issues an operations order to the NOC. 
The NOC, through the NRCC, coordinates the activation of the 
appropriate Emergency Support Functions. The Secretary of Homeland 
Security designates a Federal Resource Coordinator (FRC) to manage 
Federal resource support. In circumstances requiring extraordinary 
coordination, the Secretary may appoint a Principal Federal Official to 
serve as his or her representative in the field.
    The requesting agency then designates a senior official to work in 
coordination with the FRC as part of the Unified Coordination Group to 
identify and define specific support requirements. The requesting 
agency also provides comptrollers to the NRCC, RRCC, and JFO, as 
appropriate, to oversee financial management activities. An RRCC may be 
fully or partially activated to facilitate the deployment of resources 
until a JFO is established. Facilities, such as mobilization centers, 
may be established to accommodate personnel, equipment, and supplies. 
Federal agencies provide resources under interagency reimbursable 
agreements or their own authorities.
    Although the Department considered establishing separate disaster 
declaration standards applicable only to section 695, the Department 
determined it was not wise. Declaration of a disaster under such 
separate 695 standards would likely confuse the public if the President 
or other recognized officials did not make a declaration for the same 
incident under the Stafford Act or other pre-existing authority.
    In addition to fulfilling this Congressional mandate, this proposed 
rule would further align HSAR with the FAR by, among other changes, 
adding new departmental procedures to implement recent regulatory 
changes on contractor disclosures; clarifying existing content or 
policy, such as release of contract information; making editorial 
revisions of prior content, such as correcting typographical errors and 
Web site addresses; and making changes to other administrative 
information.

III. Discussion of Proposed Rule

    This proposed rule would amend 48 CFR parts 3001, 3002, 3003, 3004, 
3005, 3006, 3009, 3012, 3018, 3022, 3023, 3033, 3035, 3036, 3042, 3045, 
3052, and 3053. The proposed changes to 48 CFR

[[Page 55531]]

part 3006 would implement section 695 of the PKEMRA. DHS proposes to 
change the HSAR as described below.

Part 3001 Federal Acquisition Regulations System

     Add an authority section 3001.103.
     Add one acquisition office, Office of Selective 
Acquisitions (OSA), to the arrangement of regulations section at HSAR 
3001.105-2.
     Update information in HSAR 3001.105-3 for finding the 
HSAR, including accessing the HSAR online and add an internet site for 
accessing the Homeland Security Acquisition Manual (HSAM).
     Remove the TSA exception to HSAR in HSAR 3001.301, which 
was inadvertently not removed when a technical amendment (73 FR 30318, 
May 27, 2008) was published, and provide edits or corrections for 
clarity throughout HSAR 3001 subparts.

Part 3002 Definitions of Words and Terms

     Add an additional office within components--the Office of 
Selective Acquisitions (OSA) within the DHS Management Directorate.
     Amend the definition of ``Head of the Contracting Activity 
(HCA)'' to align with the FAR and provide the designated organization 
positions.
     Amend the definition of ``Senior Procurement Executive 
(SPE)'' to identify his or her responsibilities under 41 U.S.C. 414(c).
     Amend the first paragraph in the definition of ``Sensitive 
Information'' to conform it to the related HSAR clause in 3052.204-71.
     Remove the definition of ``simplified acquisition 
threshold'' because there is no longer a need for a specialized 
definition given the prior removal of HSAR 48 CFR 3013.7004. 73 FR 
30317, 30318, May 27, 2008.

Part 3003 Improper Business Practices and Personal Conflicts of 
Interest

     Amend HSAR 3003.101-3 by expanding the reference to United 
States Office of Government Ethics regulations on the conduct and 
responsibilities of employees contained in 5 CFR part 2635, to OGE 
regulations in parts 2634 through 2641, and by eliminating the 
reference to a DHS replacement management directive.
     Amend paragraph (a) of HSAR 3003.204 by adding reference 
to FAR 3.204(a); amend paragraph (b) to make the HCA, rather than the 
Chief of the Contracting Office (COCO), responsible for ensuring that 
hearing procedures required by FAR 3.204(b) are afforded the 
contractor; and amend paragraph (c) to add notification to the Office 
of Inspector General. References to ``Government legal counsel'' are 
changed to ``DHS legal counsel'' for consistency with the HSAR 
definition of ``legal counsel'' at HSAR 3002.101 and usage conventions.
     Add a new HSAR subpart 3003.10, Contractor Code of 
Business Ethics and Conduct, with instructions to contractors in HSAR 
3003.1003 for making disclosure reports. This section lists a DHS Web 
site for obtaining the online, Contractor Disclosure Form provided by 
the DHS Office of Inspector General. HSAR section 3003.1004 paragraph 
(a) contains directions for the contracting officer to insert a clause 
in solicitations and contracts with instructions for contractor 
disclosure of violations. Paragraph (b) of HSAR section 3003.1004 
advises contracting officers that special posters and instructions may 
be issued for activities using disaster recovery funds and provides the 
Web site for obtaining the DHS Hotline Poster described in the clause 
at FAR 52.203-14.

Part 3004 Administrative Matters

    Revise HSAR 3004.470 content for consistency and correct 
publication titles for previously identified DHS Security Directive and 
Handbook, and remove HSAR 3004.804-1 and its $3-million-or-less-
estimated-contract-amount limitation on the use of quick closeout 
procedures to allow for Contracting Officer's flexibilities for 
contract closeout procedures.

Part 3005 Publicizing Contract Actions

    Add HSAR 3005.470, Contractor Award Announcements, Advertisements, 
and Releases, which addresses DHS policy that precludes contractors 
from referring to DHS contracts in commercial advertising in a manner 
that states or implies the Government approves or endorses the product 
or service or considers it superior to other products or services. It 
also incorporates the requirement from HSAR 3052.242-71 for advance 
approval of the contracting officer for release of contract information 
under contracts that involve sensitive or classified information. DHS 
is combining the coverage into a single clause, HSAR 3052.205-xx and 
its alternate, to eliminate the potential for confusion and facilitate 
post-award contract management.

Part 3006 Competition Requirements

    Add the implementation of section 695 of the Department of Homeland 
Security Appropriations Act, 2007, Public Law 109-295, Title VI, which 
establishes a limitation on the length of certain noncompetitive 
contracts. The law restricts the period of performance to 150 days for 
contracts above the simplified acquisition threshold that have been 
entered into by DHS to facilitate the response and recovery from a 
natural disaster, act of terrorism, or other man-made disaster, where 
the award was made with other than full and open competition under the 
FAR subpart 6.302-2, Unusual and Compelling Urgency. In order to 
implement the statutory requirement, DHS proposes to add: HSAR 
3006.302-1, Only one responsible source and no other supplies or 
services will satisfy agency requirements; HSAR 3006.302-270, Unusual 
and Compelling Urgency; HSAR 3006.303, Justifications, HSAR 3006.303-
270, Contents, and HSAR 3006.304, Approval of the Justification.

Part 3009 Contractor Qualifications

    Add HSAR 3009.403 to identify the HCA as the debarring and 
suspending official without authority to redelegate.

Part 3012 Acquisition of Commercial Items

    Remove the HSAR Part 3012 ``Reserved'' identification and add new 
content, including the prescription for the new HSAR clause, 3052.212-
XX, Contract Terms and Conditions Applicable to DHS Acquisition of 
Commercial Items.

Part 3018 Emergency Acquisitions

    Remove HSAR Part 3018 ``Reserved'' identification and add a 
reference in HSAR 3018 for Emergency Acquisitions and Available 
Acquisition Flexibilities.

Part 3023 Environment, Conservation, Occupational Safety, and Drug-Free 
Workplace

    Amend HSAR Part 3023 to align with the current FAR Part 23 title 
and provide information regarding the DHS Sustainable Practices policy.

Part 3033 Protests, Disputes, and Appeals

    Amend HSAR 3033 to add instructions that ensure protests involving 
classified information for the Office of Selective Acquisitions (OSA) 
are transmitted through appropriately cleared individuals at GAO, the 
United States Federal Court of Claims, or internal protest resolution 
officials.

Part 3035 Research and Development Contracting

    Amend HSAR 3035.70 to remove section 3035.7000, add a section 
3035.70-1 to clarify DHS policy regarding dissemination of non-

[[Page 55532]]

sensitive research information by educational institutions, and add a 
section 3035.70-2 to clarify the prescription for using the clause at 
HSAR 3052.235-70 for contracts that do not involve sensitive or 
classified information and to instruct the contracting officer to 
prepare an appropriate clause for contracts involving sensitive or 
classified information.

Part 3036 Construction and Architect-Engineer Contracts

     Remove HSAR 3036.2, to align with FAR Case 2006-022 changes (74 FR 
31557, July 1, 2009), effective July 1, 2009, which moved the 
associated FAR 36 content to FAR subpart 42.15.

Part 3042 Contract Administration and Audit Services

     Amend HSAR 3042.1502 to identify the Contractors 
Performance Assessment Reporting System (CPARS) and its modules, 
Construction Contractor Appraisal Support System (CCASS) for 
construction contracts and Architect-Engineer Contract Administration 
Support System (ACASS) for architect-engineer contracts to report 
contractor performance. CPARS replaces the National Institute of 
Health's CPS as the designated system for DHS reporting on contractor 
performance.
     Delete HSAR 3042.202-70 which prescribed the clause at 
HSAR 3052.242-71. The changes at HSAR 3005.470, 3035.70, 3052.205-XX 
and 3052.235-70 provide coverage on dissemination of contract 
information.

Part 3045 Government Property

    Remove the content in HSAR Part 3045 which is obsolete as a result 
of the FAR Part 45 rewrite. (72 FR 27364, May 15, 2007)

Part 3052 Solicitation Provisions and Contract Clauses

     Add the new clause at HSAR 3052.203-XX Instructions for 
Contractor Disclosure of Violations.
     Amend HSAR clause 3052.204-71 to provide typographical 
corrections and remove the Department of State publication which is no 
longer published and replace with appropriate guidance.
     Add the new clause at HSAR 3052.205-XX Advertisements, 
Publicizing Awards, and Releases, and its Alternate I.
     Add the new clause HSAR 3052.212-XX, Contract Terms and 
Conditions Applicable to DHS Acquisition of Commercial Items.
     Amend clause HSAR 3052.216-71, Determination of Award Fee 
to delete the content addressing rollover of award fee amounts from one 
period to subsequent periods to align with the OMB guidance, 
Appropriate Use of Incentive Contracts issued December 4, 2007.
     Amend the reference to the prescription of HSAR 3052.235-
70 for consistency with changes to HSAR 3035.70-2.
     Delete the clauses at HSAR 3052.242-71 and 3052.245-70. 
Procedures for dissemination of information will be incorporated into 
HSAR 3052.205-XX. HSAR 3052.245-70 clause is rendered obsolete with the 
Part 3045 removal.
     Add a note to HSAR 3052.101 identifying where the HSAR 
Provision and Clause matrix can be found on the DHS Web site at http://www.dhs.gov/xopnbiz/ under Policy and Regulations, Homeland Security 
Acquisition Regulation (HSAR).
    Other technical corrections include editing DHS Form numbers in the 
HSAR regulatory text in Parts 3004, 3022, and 3053 to conform to the 
DHS published forms numbers and removal of HSAR 3053.245-70, Report of 
Government property to conform to the removal of Part 3045 content.

IV. Regulatory Analyses

A. Executive Order 12866 Assessment

    This is not a significant regulatory action under Section 6(b) of 
Executive Order 12866, Regulatory Planning and Review, dated September 
30, 1993. The Office of Management and Budget has not reviewed it under 
the Order. This proposed rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the term 
``small entities'' comprises of small businesses, not for profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and government jurisdictions with populations 
of less than 50,000. DHS certifies that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act because 
the rule applies to internal approval procedures, supplements the 
Federal Acquisition Regulations, and is intended to clarify or 
eliminate existing agency acquisition regulations and policies. DHS has 
not performed an initial regulatory flexibility analysis. DHS invites 
comments from small entities and other interested parties. Such 
comments should be submitted separately and should cite HSAR Case 2009-
002. See ADDRESSES above for information on how to submit comments.

C. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
Departments are required to submit to the Office of Budget and 
Management (OMB), for review and approval any reporting requirements 
inherent in a rule.
    The Paperwork Reduction Act applies to this proposed rule. However, 
the information collection requirements imposed by the provisions 
3052.205-XX and 3052.212-XX are currently covered by the approved 
information collection requirements for provisions (OMB Clearance 
numbers 1600-0003, Post-Contract Award Information, and 1600-0005, 
Solicitation of Proposal Information for Award of Public Contracts). 
DHS considers that any changes due to the use of these clauses will be 
within the estimated hours for the existing approved OMB clearance. The 
clause at 3052.203-XX does not create a new information collection 
requirement. It provides a format for contractors to use when making a 
disclosure under FAR 3.1003 and 52.203-13. The FAR disclosure 
requirements are approved under OMB Clearance Number 9000-0164.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Use of these two 
information collections, 1600-0003 and 1600-0005, has been approved by 
OMB until January 31, 2012, and October 31, 2011, respectively.

D. Executive Order 13132 (Federalism)

    The proposed rule would not have substantial direct effect on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, DHS has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism impact statement.

E. National Environmental Policy Act

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 which guides the Department in 
complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f), and

[[Page 55533]]

have made a preliminary determination this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. This rule, which does not involve any 
extraordinary circumstances, appears to be categorically excluded under 
paragraphs A3(b) and A3(d) in Table I of Appendix A of Directive 023-01 
because it implements legislation and amends acquisition regulations 
without changing the regulations' environmental effect. We seek 
comments or information pertinent to these determinations.

List of Subjects in 48 CFR Parts 3001, 3002, 3003, 3004, 3005, 
3006, 3009, 3012, 3018, 3022, 3023, 3033, 3035, 3036, 3042, 3045, 
3052 and 3053

    Government procurement.

    Dated: August 26, 2010.
Richard K. Gunderson,
Acting Chief Procurement Officer, Department of Homeland Security.

    Accordingly, DHS amends 48 CFR parts 3001, 3002, 3003, 3004, 3005, 
3006, 3009, 3012, 3018, 3022, 3023, 3033, 3035, 3036, 3042, 3045, 3052, 
and 3053 as follows:

    1. The authority citation for 48 CFR parts 3001, 3002, 3003, 3004, 
3005, 3006, 3009, 3022, 3023, 3033, 3035, 3036, 3042, 3045, 3052 and 
3053 continues to read as follows:

    Authority:  5 U.S.C. 301-302, 41 U.S.C. 418b(a) and (b), 41 
U.S.C. 414, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 
0700.

PART 3001--FEDERAL ACQUISITION REGULATION SYSTEM

    2. Amend Subpart 3001.1 by adding section 3001.103 to read as 
follows:

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. 414 and DHS 
Delegation Number 0700, under authority of 5 U.S.C. 301-302, the Office 
of Federal Procurement Policy Act, Public Law 93-400, 88 Stat. 796 
(1974), including sections 22 and 25, 41 U.S.C. 418b and 421, and (FAR) 
48 CFR part 1, subpart 1.3.
    3. Amend section 3001.105-2 by revising paragraph (a) to read as 
follows:

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. Coast Guard (USCG);
U.S. Customs and Border Protection (CBP);
U.S. Immigration and Customs Enforcement (ICE); and
U.S. Secret Service (USSS).

    4. Revise section 3001.105-3 to read as follows:

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 
Printing Office in paper and electronic form. The HSAR is also 
available in electronic form at  http://www.dhs.gov. A convenient but 
unofficial up-to-date version of the HSAR is also available from the 
Government Printing office at http://www.gpoaccess.gov/ecfr/index.html. 
The Homeland Security Acquisition Manual (HSAM), which complements the 
HSAR, can also be found at http://www.dhs.gov.
    5. In section 3001.301, revise paragraph (a)(1) to read as follows:

3001.301  Policy.

    (a)(1) The HSAR is issued for Departmental guidance according to 
the policy cited in (FAR) 48 CFR 1.301. The HSAR establishes uniform 
Department of Homeland Security policies and procedures for all 
acquisition activities within the Department of Homeland Security. 
Component supplemental acquisition regulations to be inserted in the 
HSAR as a HSAR supplement regulation must be reviewed and approved by 
the Chief Procurement Officer (CPO) before the CPO authorizes and 
submits the proposed content for publication in the Federal Register 
under (FAR) 48 CFR part 1, subparts 1.3 and 1.5.
* * * * *

3001.301-70  [Amended]

    6. Amend section 3001.301-70 in paragraph (a) introductory text by 
removing ``20598'' and adding ``20528'' in its place.
    7. In section 3001.301-71, revise paragraph (c) to read as follows:

3001.301-71   Effective Date.

* * * * *
    (c) Contracting officers must modify existing contracts to include 
HSAR changes where required to do so by law. Otherwise, contracting 
officers should consider using the Changes clause, where feasible, or 
other suitable authority, to modify existing contracts to include HSAR 
changes.
    8. In section 3001.303, revise paragraph (a)(3) to read as follows:

3001.303  Publication and codification.

    (a) * * *
    (3) Coverage in HSAR chapter 30 that supplements the FAR will use 
part, subpart, section, and subsection numbers ending in ``70'' through 
``89''. A series of numbers beginning with ``70'' is used for 
provisions and clauses (e.g., (HSAR) 48 CFR 3001.301-70).
* * * * *

3001.304  [Amended]

    9. Amend section 3001.304 in paragraph (a) by adding the words 
``Department of'' before the words ``Homeland Security'' in the first 
sentence.

3001.403   [Amended]

    10. Amend section 3001.403 by removing the word ``deviation'' in 
the first sentence and adding the word ``deviations'' in its place.

3001.602-3   [Amended]

    11. Amend section 3001.602-3 by removing the words ``Department of 
Homeland Security (DHS)'' in the first sentence and adding in their 
place ``DHS''.

PART 3002--DEFINITIONS OF WORDS AND TERMS

    12. Amend section 3002.101 by removing the definition of 
``Simplified acquisition threshold'' and revising the definitions of 
``Component'', ``Head of the Contracting Activity (HCA)'', ``Senior 
Procurement Executive (SPE)'', and the introductory paragraph of the 
``Sensitive Information'' definition to read as follows:

3002.101  Definitions.

* * * * *
    Component means the following entities for purposes of this 
chapter:
    (1) DHS Management (MGMT), including the Office of Procurement 
Operations (OPO) and the Office of Selective Acquisitions (OSA);
    (2) Federal Emergency Management Agency (FEMA);

[[Page 55534]]

    (3) Federal Law Enforcement Training Center (FLETC);
    (4) Transportation Security Administration (TSA);
    (5) U.S. Coast Guard (USCG);
    (6) U.S. Customs and Border Protection (CBP);
    (7) U.S. Immigration and Customs Enforcement (ICE); and
    (8) U.S. Secret Service (USSS).
* * * * *
    Head of the Contracting Activity (HCA) means the official who has 
overall responsibility for managing the contracting activity. For DHS, 
the HCAs are:
    (1) Director, Office of Procurement Operations (OPO);
    (2) Director, Office of Selective Acquisitions (OSA);
    (3) Director, Procurement (FEMA)
    (4) Chief, Procurement Division (FLETC);
    (5) Assistant Administrator for Acquisition (TSA);
    (6) Director of Contracting and Procurement (USCG);
    (7) Executive Director, Procurement (CBP);
    (8) Director, Office of Acquisition Management (ICE); and
    (9) Chief, Procurement Operations (USSS).
* * * * *
    Senior Procurement Executive (SPE) for the Department of Homeland 
Security means the DHS Chief Procurement Officer (CPO), who is the 
individual appointed pursuant to 41 U.S.C. 414(c) to be responsible for 
management direction of the procurement system of DHS, including 
implementation of the unique procurement policies, regulations, and 
standards of DHS.
    Sensitive Information, as used in this Chapter, means any 
information which if lost, misused, disclosed, or, without 
authorization, is accessed or modified, could adversely affect the 
national or homeland security interest, the conduct of Federal 
programs, or the privacy to which individuals are entitled under 5 
U.S.C. 552a (the Privacy Act), but which has not been specifically 
authorized under criteria established by an Executive Order or an Act 
of Congress to be kept secret in the interest of national defense, 
homeland security or foreign policy. This definition includes the 
following categories of information:
* * * * *

3002.270   [Amended]

    13. Amend the abbreviation list entry in section 3002.270 by 
removing ``HCA Head of Contracting Activity'' and adding in its place 
``HCA Head of the Contracting Activity''.

PART 3003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    14. Revise section 3003.101-3 to read as follows:

3003.101-3  Agency regulations.

    The United States Office of Government Ethics has promulgated 
regulations applicable to the entire Executive Branch that address the 
conduct matters referenced in (FAR) 48 CFR 3.101-3. See 5 CFR vol. 3, 
ch. XVI, subch. B. The Department of Homeland Security has also issued 
Management Directive 0480.1, Ethics/Standards of Conduct.
    15. Revise section 3003.204 to read as follows:

3003.204  Treatment of violations.

    (a) The HCA is the official designated to make the determination 
under (FAR) 48 CFR 3.204(a) whether a gratuities violation has 
occurred. If the HCA has been personally and substantially involved in 
the specific procurement, the advice of the DHS legal counsel should be 
sought to determine whether the CPO should designate an alternate 
decision maker.
    (b) The HCA shall ensure that the hearing procedures required by 
(FAR) 48 CFR 3.204(b) are afforded to the contractor. DHS legal counsel 
shall be consulted regarding the appropriateness of the hearing 
procedures that are established.
    (c) If the HCA determines that the alleged gratuities violation 
occurred the HCA shall consult with DHS legal counsel regarding 
appropriate action and notify the Office of Inspector General.
    16. Add Subpart 3003.10 to read as follows:
Subpart 3003.10--Contractor Code of Business Ethics and Conduct
Sec.
3003.1003 Requirements.

3003.1004  Contract clauses.

Subpart 3003.10--Contractor Code of Business Ethics and Conduct

3003.1003  Requirements.

    (a) Contractor requirements. Contractors making written disclosures 
under the clause at (FAR) 49 CFR 52.203-13 must use the electronic form 
at http://www.dhs.gov/xoig/gc_1233236886677.shtm. Contractors making 
disclosures under contracts which do not contain the clause at (FAR) 48 
CFR 52.203-13 are encouraged to also use this electronic form.

3003.1004  Contract clauses.

    (a) The contracting officer shall insert the clause at (HSAR) 48 
CFR 3052.203-XX, Instructions for Contractor Disclosure of Violations, 
in solicitations and contracts containing the clause at (FAR) 48 CFR 
52.203-13.
    (b)(1) There may be different or additional DHS OIG hotline posters 
for specific events. When the DHS OIG publishes a specific event 
hotline poster, DHS will notify the Office of Federal Procurement 
Policy for further instructions on dissemination.
    (2)(ii) The contracting officer should complete paragraph (b)(3) of 
the clause at (FAR) 48 CFR 52.203-14 by identifying the Web site from 
which the hotline poster can be obtained, http://www.dhs.gov/xoig/assets/DHS_OIG_Hotline.pdf, or the Web site from which the Disaster 
Fraud Hotline poster can be obtained for use in contracts involving 
disaster relief operations, http://www.dhs.gov/xoig/assets/DHS_OIG_Hotline_Fraud.pdf.

PART 3004--ADMINISTRATIVE MATTERS

    17. Amend section 3004.470-2 by revising paragraph (a) to read as 
follows:

3004.470-2  Policy.

    (a) DHS's policies and procedures on contractor personnel security 
requirements are set forth in various management directives (MDs), 
Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But 
Unclassified (For Official Use Only) Information describes how 
contractors must handle sensitive but unclassified information. The DHS 
Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive 
System Handbook, provide the policies and procedures on security for 
Information Technology resources. Compliance with these policies and 
procedures, as amended, is required.
* * * * *

3004.470-3  [Amended]

    18. Amend section 3004.470-3 in paragraph (b) in the second 
sentence by removing the word ``Officers'' and adding ``officers'' in 
its place.

3004.804-1  [Removed]

    19a. Remove section 3004.804-1.
    19b. In section 3004.804-570, revise paragraphs (a)(1) through 
(a)(3) to read as follows:

3004.804-570  Supporting closeout documents.

    (a) * * *

[[Page 55535]]

    (1) DHS Form 700-3, Contractor's Release (e.g., see (FAR) 48 CFR 
52.216-7);
    (2) DHS Form 700-2, Contractor's Assignment of Refunds, Rebates, 
Credits and Other Amounts (e.g., see (FAR) 48 CFR 52.216-7);
    (3) DHS Form 700-1, Cumulative Claim and Reconciliation Statement 
(e.g., see (FAR) 48 CFR 4.804-5(a)(13); and
* * * * *

PART 3005--PUBLICIZING CONTRACT ACTIONS

    20. Amend Subpart 3005.4 by adding sections 3005.470, 3005.470-1, 
and 3005.470-2 to read as follows:

3005.470  Contractor award announcements, advertisements, and releases.

3005.470-1  Policy.

    (a) DHS policy requires its contracting officers to restrict DHS 
contractors from referring to its DHS contract(s) in commercial 
advertising in a manner that states or implies the Government approves 
or endorses the contractor's products or services or considers them 
superior to other products or services. The intent of this policy is to 
prevent the appearance of Government bias toward any product or 
service.
    (b) The Department's contractors share the responsibility for 
protecting sensitive and classified information related to efforts 
under their contracts. For any contract that involves sensitive or 
classified information, prior to the release of any contract award 
announcement, advertisement, or other release of information pertaining 
to the contract, the contractor must obtain the approval of the 
responsible contracting officer.

3005.470-2  Contract clauses.

    (a) Insert the clause at (HSAR) 48 CFR 3052.205-XX, Advertisements, 
Publicizing Awards, and Releases, in all solicitations and contracts 
that exceed the simplified acquisition threshold.
    (b) Except for research contracts with educational institutions, if 
the contract involves sensitive or classified information, use the 
clause with its Alternate I. For research contracts with educational 
institutions, see (HSAR) 48 CFR 3035.70-2(b).

PART 3006--COMPETITION REQUIREMENTS

    21. Amend subpart 3006.3 by adding sections 3006.302-1, 3006.302-
270, 3006.303, 3006.303-270, 3006.304, and 3006.304-70 to read as 
follows:

Subpart 3006.3--Other Than Full and Open Competition

* * * * *
3006.302-1 Only one responsible source and no other supplies or 
services will satisfy agency requirements.
3006.302-270 Unusual and compelling urgency.
* * * * *
3006.303 Justifications.
3006.303-270 Content.
3006.304 Approval of justification.
3006.304-70 DHS Approval of justification.

3006.302-1  Only one responsible source and no other supplies or 
services will satisfy agency requirements.

    (b)(4) The contracting officer may rely on this exception in the 
case where only one source is available to provide additional units or 
replacement items under a specific make and model requirement, but only 
where the CPO has determined in accordance with the agency's 
standardization program that only the specific make(s) and model(s) 
will satisfy the agency's needs.

3006.302-270  Unusual and compelling urgency.

    (c)(3) For contract awards to facilitate the response to or 
recovery from a natural disaster, act of terrorism, or other man-made 
disaster, that relies on this exception, the period of performance 
shall be limited to the minimum period necessary to meet the urgent and 
compelling requirements of the work to be performed and to enter into 
another contract for the required goods or services through the use of 
competitive procedures, but in no event shall the period of performance 
exceed 150 days, unless the Head of the Contracting Activity (or higher 
approval authority if required by (FAR) 48 CFR 6.304 or DHS procedures) 
determines that exceptional circumstances apply, approving the 
justification as set forth in (HSAR) 48 CFR 3006.304. The limitation on 
the period of performance applies to contracts awarded in response to, 
or to recovery from:
    (i) A major disaster or emergency declared by the President under 
Title IV or Title V of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as amended (42 U.S.C. 5121-5207) (see http://www.fema.gov/news/disasters.fema#sev2 for a list of declarations);
    (ii) An uncontrolled fire or fire complex, threatening such 
destruction as would constitute a major disaster, and for which the 
Federal Emergency Management Agency has approved a fire management 
assistance declaration in accordance with regulatory criteria at 44 CFR 
204.21 (see http://www.fema.gov/news/disasters.fema#sev2 for a list of 
declarations); or
    (iii) An incident for which the National Operations Center (NOC), 
through the National Response Coordination Center (NRCC), coordinates 
the activation of the appropriate Emergency Support Functions and the 
Secretary of Homeland Security has designated a Federal Resource 
Coordinator (FRC) to manage Federal resource support.
* * * * *

3006.303  Justifications.

3006.303-270  Content.

    (a)(9)(iv) For a proposed contract subject to the restrictions of 
(HSAR) 48 CFR 3006.302-270(c)(3) and where (FAR) 48 CFR 6.302-2 is 
cited as the authority, the exceptional circumstances allowing for an 
award for a period of performance in excess of 150 days.

3006.304  Approval of justification.

3006.304-70  DHS Approval of justification.

    A justification for other than full and open competition that cites 
(FAR) 48 CFR Part 6.302-2 as its authority shall be approved in writing 
by the HCA (unless a higher approval authority is required in 
accordance with (FAR) 48 CFR Part 6.304 or DHS procedures) for a 
proposed DHS contract to facilitate the response to or recovery from a 
natural disaster, act of terrorism, or other man-made disaster with a 
period of performance in excess of 150 days. The justification should 
make plain the exceptional circumstances that justify the duration of 
the contract. This authority may not be redelegated by the HCA.

PART 3009--CONTRACTOR QUALIFICATIONS

    22. Amend subpart 3009.4 by adding section 3009.403 to read as 
follows:

3009.403  Definitions.

    Debarring official means the Head of the Contracting Activity 
(HCA). The authority to impose debarment may not be redelegated by the 
HCA.
    Suspending official means the HCA. The authority to impose 
suspension may not be redelegated by the HCA.
    23. Add part 3012 to read:

PART 3012--ACQUISITION OF COMMERCIAL ITEMS

Subpart 3012.3--Solicitation Provisions and Contract Clauses for 
the Acquisition of Commercial Items

[[Page 55536]]

Sec.
3012.301 Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    Authority:  5 U.S.C. 301-302, 41 U.S.C. 418b(a) and (b), 41 
U.S.C. 414, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 
0700.

3012.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) Solicitation provisions and contract clauses. Insert (HSAR) 48 
CFR 3052.212-70, Contract Terms and Conditions Applicable to DHS 
Acquisition of Commercial Items, in any solicitation or contract for 
commercial items when any of the provisions or clauses listed therein 
applies and where incorporation by reference of each selected provision 
or clause is, to the maximum extent practicable, consistent with 
customary commercial practice. If necessary, tailor this clause.
    24. Add part 3018 to read:

PART 3018--EMERGENCY ACQUISITIONS

Subpart 3018.1--Available Acquisition Flexibilities

Sec.
3018.109 Priorities and allocations.

    Authority:  5 U.S.C. 301-302, 41 U.S.C. 418b(a) and (b), 41 
U.S.C. 414, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 
0700.

3018.109  Priorities and allocations.

    DHS Components may assign priority ratings on contracts and orders 
as authorized by the Defense Priorities and Allocation System (DPAS). 
(See (HSAR) 48 CFR 3011.602.)

PART 3022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    25. Amend section 3022.406-9(c)(1) by removing ``DHS Form 0700-04'' 
and adding in its place ``DHS Form 700-4''.

PART 3023--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

    26. Amend Part 3023 by revising the heading to read as set forth 
above.
* * * * *

3023.1002  [Removed]

    27a. Amend subpart 3023.10 by removing section 3023.1002.
    27b. Add section 3023.1004 to read as follows:

3023.1004  Requirements.

    DHS Directive 023-02 Environmental Compliance Program provides 
guidance and direction for compliance with environmental laws, 
regulations and executive orders. DHS Directive 025-01, Sustainable 
Practices for Environmental, Energy and Transportation, provides 
guidance and direction for compliance with green purchasing and other 
sustainable practices contained in Executive Order 13423. Contracting 
officers shall ensure that solicitations and contracts contain 
appropriate sustainable practices requirements, provisions and clauses. 
Contractors shall support the DHS Environmental Policy by taking 
appropriate actions to eliminate or reduce their impacts on the 
environment.

PART 3033--PROTESTS, DISPUTES, AND APPEALS

    28. Amend part 3033 by adding subpart 3033.1 to read as follows:

Subpart 3033.1--Protests

Sec.
3033.102 General.
3033.102-90 Protests on classified solicitations (OSA).

3033.102-90  Protests on classified solicitations (OSA).

    To ensure that classified information is protected and appropriate 
security measures are coordinated as required, protests involving 
classified solicitations issued by the Office of Selective Acquisitions 
(OSA) shall be submitted directly to the contracting officer for 
further transmission to the GAO, the United States Court of Federal 
Claims, or for internal resolution in the case of agency protests. 
Specific instructions will be provided in Section L of the 
solicitation.

PART 3035--RESEARCH AND DEVELOPMENT CONTRACTING

3035.7000  [Removed]

    29a. Amend subpart 3035.70 by removing section 3035.7000.
    29b. Add sections 3035.70-1 and 3035.70-2 to read as follows:

3035.70-1  Policy.

    The Department of Homeland Security (DHS) desires widespread 
dissemination of the results of funded non-sensitive research. The 
Contractor, therefore, may publish (subject to the provisions of the 
``Data Rights'' and ``Patent Rights'' clauses of the contract) research 
results in professional journals, books, trade publications, or other 
appropriate media.

3035.70-2  Contract clause.

    (a) The contracting officer shall use the clause at (HSAR) 48 CFR 
3052.235-70, Dissemination of Information--Educational Institutions, in 
contracts with educational institutions for research that is not 
sensitive or classified.
    (b) If the contract involves sensitive or classified research, the 
contracting officer shall prepare and insert a Special Contract 
Requirement that conditions dissemination upon the approval of a 
designated Government official.

PART 3036--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

3036.201  [Removed]

    30. Remove section 3036.201.

PART 3042--CONTRACT ADMINISTRATION AND AUDIT SERVICES

Subpart 3042.2--[Removed]

    31. Remove subpart 3042.2.
    32. Revise section 3042.1502 to read as follows:

3042.1502  Policy.

    (a) Components shall use the Contractor Performance Assessment 
Reporting System (CPARS) or other performance reporting system as 
designated by the DHS Chief Procurement Officer for evaluating 
contractor performance in accordance with (FAR) 48 CFR Parts 42.1502 
and 42.1503.
    (e) Components shall use the Construction Contractor Appraisal 
Support System (CCASS) module of CPARS, or other performance reporting 
system as designated by the DHS Chief Procurement Officer for 
evaluating construction contractor performance in accordance with (FAR) 
48 CFR Parts 42.1502 and 42.1503.
    (f) Components shall use the Architect-Engineer Contract 
Administration Support System (ACASS) module of CPARS or other 
performance reporting system as designated by the DHS Chief Procurement 
Officer for evaluating architect-engineer contractor performance in 
accordance with (FAR) 48 CFR Parts 42.1502 and 42.1503.

PART 3045--[REMOVED AND RESERVED]

    33. Under the authority of 5 U.S.C. 301-302, part 3045 is removed 
and reserved.

[[Page 55537]]

PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    34. Amend section 3052.101 by adding the following note at the end 
of the section to read as follows:

3052.101  Using Part 3052.

* * * * *

    Note to 3052.101:  The solicitation provisions and contract 
clauses matrix referencing all HSAR provisions and clauses is 
available at http://www.dhs.gov/xopnbiz/ under Policy and 
Regulations, Homeland Security Acquisition Regulation (HSAR).

    35. Amend subpart 3052.2 by adding 3052.203-XX to read:

3052.203-XX  Instructions for Contractor Disclosure of Violations.

    As prescribed in (HSAR) 48 CFR 3003.1004(a), insert the following 
clause:

Instructions for Contractor Disclosure of Violations

(MON XXXX)

    When making a written disclosure under the clause at FAR 52.213-
13, paragraph (3), the Contractor shall use the form at http://www.dhs.gov/xoig/gc_1233236886677.shtm and submit the disclosure 
electronically to the Department of Homeland Security Office of 
Inspector General. The Contractor shall provide a copy of the 
disclosure to the Contracting Officer by e-mail or facsimile on the 
same business day as the submission to the Office of Inspector 
General. The Contractor shall provide the Contracting Officer a 
concurrent copy of any supporting materials submitted to the Office 
of Inspector General.
    36-37. Amend section 3052.204-71:
    a. By capitalizing the first letter of every occurrence of the 
words ``contractor'' and ``government'' and by revising paragraph 
(a) of the clause; and
    b. In Alternate I by capitalizing the first letters of every 
occurrence of the words ``contractor'' and ``contracting officer'' 
in the alternate content and by revising paragraph (k)(1) of the 
alternate.

    The revisions read as follows:

3052.204-71  Contractor employee access. (MON XXXX)

    (a) Sensitive Information, as used in this clause, means any 
information, which if lost, misused, disclosed, or, without 
authorization is accessed, or modified, could adversely affect the 
national or homeland security interest, the conduct of Federal 
programs, or the privacy to which individuals are entitled under 
section 552a of title 5, United States Code (the Privacy Act), but 
which has not been specifically authorized under criteria 
established by an Executive Order or an Act of Congress to be kept 
secret in the interest of national defense, homeland security or 
foreign policy. This definition includes the following categories of 
information:
* * * * *

 ``Alternate I (MON XXXX)''

* * * * *
    (k) * * *
    (1) The individual must be a legal permanent resident of the 
U.S., citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the 
United States in a current defense effort;
* * * * *

    38. Amend subpart 3052.2 by adding 3052.205-XX to read as follows:

3052.205-XX  Advertisements, Publicizing Awards, and Releases.

    As prescribed in (HSAR) 48 CFR 3005.470-2, insert the following 
clause:

Advertisements, Publicizing Awards, and Releases

(MON XXXX)

    The Contractor shall not refer to this contract in commercial 
advertising or similar promotions in such a manner as to state or 
imply that the product or service provided is endorsed or preferred 
by the Federal Government or is considered by the Government to be 
superior to other products or services.

(End of clause)

    Alternate I (MON XXXX). If a contract involves sensitive or 
classified information, designate the paragraph in the base clause 
as (a) and add the following paragraph (b) to the clause:
    (b) All advertisements, releases, announcements, or other 
publication regarding this contract or the agency programs and 
projects covered under it, or the results or conclusions made 
pursuant to performance, must be approved by the Contracting 
Officer. Under no circumstances shall the Contractor, or anyone 
acting on behalf of the Contractor, refer to the supplies, services, 
or equipment furnished pursuant to the provisions of this contract 
in any publicity, release, or commercial advertising without first 
obtaining explicit written consent to do so from the Contracting 
Officer.

(End of clause)

    39. Amend subpart 3052.2 by adding section 3052.212-XX to read as 
follows:

3052.212-XX  Contract Terms and Conditions Applicable to DHS 
Acquisition of Commercial Items

    As prescribed in (HSAR) 48 CFR 3012.301, insert the following 
clause:

Contract Terms and Conditions Applicable to DHS Acquisition of 
Commercial Items

(MON XXXX)

    The Contractor agrees to comply with any provision or clause 
that is incorporated herein by reference to implement agency policy 
applicable to acquisition of commercial items or components. The 
provision or clause in effect based on the applicable regulation 
cited on the date the solicitation is issued applies unless 
otherwise stated herein. The following provisions and clauses are 
incorporated by reference: [The Contracting Officer should either 
check the provisions and clauses that apply or delete the provisions 
and clauses that do not apply from the list. The Contracting Officer 
may add the date of the provision or clause if desired for clarity.]
    (a) Provisions.

------3052.209-72 Organizational Conflicts of Interest.
------3052.219-72 Evaluation of Prime Contractor Participation in 
the DHS Mentor Prot[eacute]g[eacute] Program.

     (b) Clauses.

------3052.203-XX Instructions for Contractor Disclosure of 
Violations.
------3052.204-70 Security Requirements for Unclassified Information 
Technology Resources.
------3052.205-XX Advertisement, Publicizing Awards, and Releases
------Alternate I
------3052.204-71 Contractor Employee Access
------3052.209-73 Limitation on Future Contracting.
------3052.215-70 Key Personnel or Facilities.
------3052.216-70 Evaluation of Offers Subject to An Economic Price 
Adjustment Clause.
------3052.216-71 Determination of Award Fee.
------3052.216-72 Performance Evaluation Plan.
------3052.216-73 Distribution of Award Fee.
------3052.217-91 Performance. (USCG)
------3052.217-92 Inspection and Manner of Doing Work. (USCG)
------3052.217-93 Subcontracts. (USCG)
------3052.217-94 Lay Days. (USCG)
------3052.217-95 Liability and Insurance. (USCG)
------3052.217-96 Title. (USCG)
------3052.217-97 Discharge of Liens. (USCG)
------3052.217-98 Delays. (USCG)
------3052.217-99 Department of Labor Safety and Health Regulations 
for Ship Repair. (USCG)
------3052.217-100 Guarantee. (USCG)
------3052.219-70 Small Business Subcontracting Plan Reporting.
------3052.219-71 DHS Mentor Prot[eacute]g[eacute] Program.
------3052.228-70 Insurance.
------3052.228-90 Notification of Miller Act Payment Bond 
Protection. (USCG)
------3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
------3052.228-92 Fair Market Value of Aircraft. (USCG)
------3052.228-93 Risk and Indemnities. (USCG)
------3052.236-70 Special Provisions for Work at Operating Airports.
------3052.242-70 Contracting Officer's Technical Representative.
------3052.247-70 F.o.B. Origin Information.
------Alternate I
------Alternate II
------3052.247-71 F.o.B. Origin Only.
------3052.247-72 F.o.B. Destination Only.

[[Page 55538]]

 (End of clause)

3052.216-71  [Amended]

    40. Remove paragraph (d) of clause 3052.216-71, Determination of 
Award Fee.

3052.235-70  [Amended]

    41. Amend section 3052.235-70 by removing the words ``48 CFR 
3035.7000'' in the introductory paragraph and adding in their place the 
reference to ``48 CFR 3035.70-2.''

3052.242-71  [Removed]

    42. Remove section 3052.242-71.

3052.245-70  [Removed]

    43. Remove section 3052.245-70.

PART 3053--FORMS

    44a. Amend section 3053-204-70 by revising paragraphs (a) through 
(c) to read as follows:

3053.204-70  Administrative matters.

* * * * *
    (a) DHS Form 700-1, Cumulative Claim and Reconciliation Statement. 
(See (HSAR) 48 CFR 3004.804-570(a)(1).)
    (b) DHS Form 700-2, Contractor's Assignment of Refunds, Rebates, 
Credits and Other Amounts. (See (HSAR) 48 CFR 3004.570(a)(2).)
    (c) DHS Form 700-3, Contractor Release. (See (HSAR) 48 CFR 
3004.804-570(a)(3).)

3053.222-70  [Amended]

    44b. Amend section 3053.222-70 by removing ``DHS Form 0700-04'' in 
the last line and adding ``DHS Form 700-4'' in its place.

3053.303  [Amended]

    44c. Amend section 3053.303 by removing ``DHS Form 0700-01'', ``DHS 
Form 0700-02'', ``DHS Form 0700-03'', and ``DHS Form 0700-04'' from the 
table in the ``Form No.'' column, and adding in their place, 
respectively ``DHS Form 700-1'', ``DHS Form 700-2'', ``DHS Form 700-
3'', and ``DHS Form 700-4''; and by removing the whole entry for 
``Contractor Report of Government Property/DHS Form 0700-05.''

3053.245-70  [Removed and Reserved]

    45. Remove and reserve section 3053.245-70.

[FR Doc. 2010-21897 Filed 9-10-10; 8:45 am]
BILLING CODE 9110-9B-P
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