Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 92849 

1See 89 FR 59877, Homeland Security 

Acquisition Regulation, Restrictions on Foreign 

Acquisition Update (HSAR Case 2024–002) (Jul. 24, 

2024). 

2See Public Law 111–5, 123 Stat. 115,165–166 

(Feb. 17, 2009). 

3Section 604 of the Recovery Act is codified at 

6 U.S.C. 453b. 

4See 6 U.S.C. 453b. 

5See 6 U.S.C. 453b(d). 

6See 6 U.S.C. 453b(k). 

7See, e.g., 75 FR 32676, (June 9, 2010). 

8See 6 U.S.C. 453b(l). 

9See Revision of Department of Homeland 

Security Acquisition Regulation; Restrictions on 

Foreign Acquisition (HSAR Case 2009–004), 74 FR 

41346 (Aug. 17, 2009). 

10See Revision of Department of Homeland 

Security Acquisition Regulation; Restrictions on 

Foreign Acquisition (HSAR Case 2009–004), 75 FR 

32676 (June 9, 2010). 

FAR clause has been implemented to 

create a single standard for all agencies 

subject to 10 U.S.C. 983 to comply with 

the statutory requirements. 

DHS is not aware of any significant 

impact on the environment, or any 

change in environmental effect that will 

result from this final rule. DHS finds 

promulgation of the rule clearly fits 

within categorical exclusion A3, 

established in the Department’s NEPA 

implementing procedures as removing 

and reserving HSAR clause 3052.209–71 

and subpart 3009.4 is strictly 

administrative in nature. 

This final rule is a standalone rule 

and is not part of any larger action. This 

final rule will not result in any major 

Federal action that will significantly 

affect the quality of the human 

environment. Furthermore, DHS has 

determined that no extraordinary 

circumstances exist that will create the 

potential for significant environmental 

effects. Therefore, this final rule is 

categorically excluded from further 

NEPA review and documentation. 

List of Subjects in 48 CFR Parts 3009 

and 3052 

Government procurement. 

For the reasons set forth in the 

preamble, DHS amends 48 CFR parts 

3009 and 3052 as follows: 

PART 3009—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for part 3009 

continues to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 

CFR subpart 1.3. 

3009.4 [Removed and Reserved] 

■ 2. Remove and reserve subpart 3009.4. 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 3052 

continues to read as follows: 

Authority: 5 U.S.C. 301–302, 41 U.S.C. 

1707, 41 U.S.C. 1702, 41 U.S.C. 1303(a)(2), 48 

CFR part 1, subpart 1.3, and DHS Delegation 

Number 0702. 

3052.209–71 [Removed and Reserved] 

■ 4. Remove and reserve section 

3052.209–71. 

Paul Courtney, 

Chief Procurement Officer, Department of 

Homeland Security. 

[FR Doc. 2024–27631 Filed 11–22–24; 8:45 am] 

BILLING CODE 9112–FE–P 

DEPARTMENT OF HOMELAND 

SECURITY 

48 CFR Parts 3025 and 3052 

[Docket No. DHS–2024–0022] 

RIN 1601–AB13 

Homeland Security Acquisition 

Regulation, Restrictions on Foreign 

Acquisition Update (HSAR Case 2024– 

002) 

AGENCY: Office of the Chief Procurement 

Officer, Department of Homeland 

Security (DHS). 

ACTION: Final rule. 

SUMMARY: DHS is issuing a final rule to 

amend the Homeland Security 

Acquisition Regulation (HSAR) 

provisions that relate to the Kissell 

Amendment, a section of the American 

Recovery and Reinvestment Act of 2009, 

that deals with the acquisition of certain 

clothing, canvas or textile products and 

natural and synthetic fabrics. These 

changes are intended to reduce 

confusion and provide clarity to the 

requirements under the Kissell 

Amendment. 

DATES: This final rule is effective 

December 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Harvey, Department of Homeland 

Security, Office of the Chief 

Procurement Officer, Acquisition Policy 

and Legislation, at (202) 282–8000 or 

email at HSAR@hq.dhs.gov. Include 

HSAR Case 2024–002 in the subject 

line. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Background 

II. Discussion of Comments and the Final 

Rule 

III. Regulatory Analyses 

A. Executive Orders 12866, 13563, and 

14094 

B. Regulatory Flexibility Act 

C. Paperwork Reduction Act 

D. National Environmental Policy Act 

I. Background 

In a Notice of Proposed Rulemaking 

(NPRM), published in the Federal 

Register on July 24, 2024, DHS 

proposed to amend the Homeland 

Security Acquisition Regulation (HSAR) 

provisions that relate to the Kissell 

Amendment, a section of the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act), that deals with the 

acquisition of certain clothing, canvas or 

textile products and natural and 

synthetic fabrics.1

As explained in the NPRM, the 

Recovery Act was enacted in 2009.2

Section 604 of the Recovery Act is also 

known as the Kissell Amendment.3 The 

Kissell Amendment requires, with 

limited exceptions, that funds 

appropriated or otherwise available to 

DHS may not be used for the 

procurement of certain textiles, clothing 

and footwear, if that item is directly 

related to the national security interests 

of the United States, unless the item is 

grown, reprocessed, reused, or produced 

in the United States.4 One of the 

exceptions is a De Minimis Exception, 

which allows the Secretary of Homeland 

Security to accept delivery of the 

aforementioned textiles, clothing and 

footwear ‘‘that contain non-compliant 

fibers if the total value of non-compliant 

fibers contained in the end item does 

not exceed 10 percent of the total 

purchase price of the end item.’’ 5

The Kissel Amendment further 

requires DHS to apply it in a manner 

consistent with United States 

obligations under international 

agreements.6 As DHS has explained in 

prior notices, this includes free trade 

agreements and the World Trade 

Organization Agreement on Government 

Procurement.7 These requirements 

apply with respect to contracts entered 

into by DHS on or after August 16, 

2009.8

As discussed in the NPRM, in 2009, 

DHS published an interim rule (‘‘2009 

Interim Rule’’) amending the Homeland 

Security Acquisition Regulation (HSAR) 

at 48 CFR part 3025, Foreign 

Acquisitions, and part 3052, Solicitation 

Provisions and Contract Clauses, 

incorporating the Kissell Amendment 

requirements.9 In 2010, DHS published 

a final rule (‘‘2010 Final Rule’’) adopting 

the 2009 Interim Rule as final without 

change.10 The 2009 Interim Rule made 

amendments to the HSAR ‘‘to add 

solicitation provisions, contract clauses 

and related policy statements 

implementing these requirements and 


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92850 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 

11See 74 FR 41346 (Aug. 17, 2009). 

12See 48 CFR 3052.225–70(d)(2). 

13See HSAR class deviation, 13–01, Applicability 

of the ‘‘Kissell Amendment’’ to Department of 

Homeland Security Acquisitions (Mar. 5, 2013) 

(‘‘Deviation 13–01’’) available at: https://

www.dhs.gov/sites/default/files/publications/cpoHSARclassdeviation13-01_0_0_0_0_0.pdf (last 

accessed May 31, 2024). 

14 ‘‘Effective immediately, the scope of the 

subpart 3025.70 shall apply as follows . . . This 

subpart contains restrictions on the acquisition of 

certain foreign textile products imposed by the 

American Recovery and Reinvestment Act of 2009 

on contracts, exercising of an option and orders 

entered into on or after August 16, 2009.’’ 

See Deviation 13–01, available at: https://

www.dhs.gov/sites/default/files/publications/cpoHSARclassdeviation13-01_0_0_0_0_0.pdf (last 

accessed May 31, 2024). 

15See HSAR class deviation, 13–01, Amendment 

1, Homeland Security Acquisition Regulation 

3052.225–70, Requirement for Use of Certain 

Domestic Commodities, (March 14, 2013) 

(‘‘Deviation Amendment 1’’), available at: https://

www.dhs.gov/sites/default/files/publications/cpoHSARclassdeviation13-01%E2%80%93

amendment1_0_0_0_0_0_0.pdf (last accessed May 

31, 2024). 

16The clause would not apply to ‘‘incidental 

amounts of cotton, other natural fibers, or wool 

incorporated in an end product, for which the 

estimated value of the cotton, other natural fibers, 

or wool is not more than 10 percent of the total 

price of the end product.’’ 

17See Deviation 13–01, available at: https://

www.dhs.gov/sites/default/files/publications/cpoHSARclassdeviation13-01_0_0_0_0_0.pdf (last 

accessed Apr. 23, 2024); see also Deviation 

Amendment available at: https://www.dhs.gov/ 

sites/default/files/publications/cpo-HSARclass

deviation13-01%E2%80%93amendment1_0_0_0_

0_0_0.pdf (last accessed May 31, 2024). 

18See Deviation 13–01, available at: https://

www.dhs.gov/sites/default/files/publications/cpoHSARclassdeviation13-01_0_0_0_0_0.pdf (last 

accessed May 31, 2024). 

19See OMB Circular A–4, p, 11 (Nov. 9, 2023) 

(accessible at https://www.whitehouse.gov/wpcontent/uploads/2023/11/CircularA-4.pdf). 

exceptions for certain DHS contracts, 

option exercises and orders.’’ 11

The regulations also provided an 

exception for ‘‘incidental amounts of 

cotton, other natural fibers, or wool 

incorporated in an end product, for 

which the estimated value of the cotton, 

other natural fibers, or wool is not more 

than 10 percent of the total price of the 

end product.’’ 12

On March 5, 2013, DHS issued a 

deviation regarding the applicability of 

the Kissell Amendment (Deviation 13– 

01).13 Under Deviation 13–01, DHS 

deviates from the language of 48 CFR 

3025.7000 that restricted application of 

certain Kissell provisions to those 

actions with funds appropriated or 

otherwise provided on or before 

February 17, 2009.14

In addition, on March 14, 2013, DHS 

issued an amendment to Deviation 13– 

01 (‘‘Deviation Amendment 1’’).15

Under Deviation Amendment 1, the De 

Minimis Exception described above was 

to be read as applying to ‘‘incidental 

amounts of non-compliant fibers if the 

total value of non-compliant fibers 

contained in the end item does not 

exceed 10 percent of the total purchase 

price of the end item . . .’’.16 Deviation 

13–01 and Deviation Amendment 1 

were both effective immediately at the 

time of their publication in 2013 and are 

still in effect.17

II. Discussion of Comments and the 

Final Rule 

Interested parties were given until 

September 23, 2024, to comment on the 

NPRM. DHS received two public 

comments, neither of which were 

substantive. DHS received one comment 

that was outside the scope of the rule, 

and another comment that supported 

the rule. This final rule amends the 

HSAR to better clarify how DHS 

complies with the Kissell Amendment 

including codifying certain 

requirements from Deviation 13–01 and 

Deviation Amendment 1. 

Consistent with Deviation 13–01 this 

final rule, defines the term ‘‘end item’’ 

to mean ‘‘supplies delivered under a 

line item of a contract.’’ See 48 CFR 

3025.7001(c). As ‘‘end item’’ is the term 

used in the Kissell Amendment, DHS 

believes that defining and using the 

statutory term ‘‘end item’’ in the HSAR 

provisions applicable to the Kissell 

Amendment will also provide clarity. 

This final rule also amends 48 CFR 

3025.7000 to explain that this provision 

applies to the Kissell Amendment, the 

subject of this subpart; as well as the 

description of the type of funds to 

which the Kissell Amendment applies 

consistent with current practice and 

Deviation 13–01. As explained in the 

NPRM, DHS issued Deviation 13–01 on 

March 5, 2013, and since then the 

Kissell Amendment has applied to 

‘‘contracts, exercising of an option and 

orders entered into on or after August 

16, 2009.’’ 18

Consistent with Deviation 13–01 and 

current practice this final rule clarifies 

that the Kissell restrictions apply to all 

contracts, options and orders entered 

into on or after August 16, 2009. See 48 

CFR 3025.7002–1. In addition, this final 

rule updates the provisions impacting 

the De Minimis Exception consistent 

with Deviation Amendment 1 to use the 

statutory term ‘end item’ where 

appropriate. See, e.g., 48 CFR 

3025.7002–2 and 3052.225–70(d)(2). 

Further, this final rule includes the 

Kissell amendment under the applicable 

legal authorities. It also fixes a 

typographical error to correctly 

reference 48 CFR 3025.7002–3 when 

mentioning the regulatory provision for 

specific application of trade agreements. 

See 48 CFR 3025.7002–2(h). 

Accordingly, DHS adopts the NPRM 

as final, amending 48 CFR part 3025, 

Foreign Acquisitions, and 48 CFR part 

3052, Solicitation Provisions and 

Contract Clauses. 

III. Regulatory Analyses 

A. Executive Orders 12866, 13563, and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) direct agencies to 

assess the costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

Accordingly, OMB has not reviewed 

this regulatory action. 

Need for the Rule 

This final rule codifies the 

requirements as set forth in the 

Deviation 13–01 and Deviation 

Amendment 1, to provide clarity and 

consistency, and align the HSAR with 

existing DHS practice. DHS is not newly 

implementing the Kissell Amendment, 

but is, as described above, amending the 

existing regulation to clarify the type of 

funds to which the Kissell Amendment, 

including the De Minimis Exception, 

applies. 

Benefits and Costs of the Final Rule 

The benefits and costs of a regulation 

are generally measured against a noaction baseline, which is a reasonable 

forecast of the way the world would 

look absent the regulatory action being 

assessed.19 This final rule will not result 

in new costs since DHS has 

implemented the changes through 

Deviation 13–01 and Deviation 

Amendment 1, both issued in 2013. The 

changes to the HSAR will promote 

clarity and fuller understanding of the 

Kissell Amendment regulatory 

requirements by agency contracting 

officers as well as potential DHS 

vendors. This additional clarity will be 

a benefit to industry as improved 


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Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 92851 

contracting officer understanding of the 

regulatory requirements helps ensure 

that DHS applies standards similarly 

across contracting actions, making it 

easier for industry to comply with DHS 

requirements. A summary of the costs 

and benefits of the rule is shown below 

in Exhibit 1. 

EXHIBIT 1—SUMMARY OF FINAL RULE CHANGES AND ECONOMIC IMPACTS OF THE FINAL RULE

Final CFR provision Description of the change Costs Benefits 

48 CFR 3025.7000 Scope of Subpart; and 

CFR 3025.7002–1 Restrictions.

Corrects language to clarify that Kissell 

Amendment applies to all contracts, options and orders entered into on or after 

August 16, 2009, and removes appropriation date from the scope criteria.

No new costs since DHS has already implemented the changes 

via Deviation 13–01 issued in 

March 2013.

Provides clarification on applicability 

and ensures consistency between the HSAR and existing 

DHS practice. 

48 CFR 3025.7001 Definitions; 48 CFR 

3025.7002–1 Restrictions; 48 CFR 

3025.7002–2 Exceptions; 48 CFR 

3052.225–70 Requirement for Use of 

Certain Domestic Commodities.

Changes terminology from ‘‘end product’’ 

to ‘‘end item’’ to consistently reflect 

Kissell Amendment applicability of 10% 

De Minimis Exception.

No new costs since DHS has already incorporated the ‘‘end item’’ 

definition through Deviation 

Amendment 1 issued in March 

2013.

Provides clarity on terminology and 

ensures consistency between the 

HSAR and existing DHS practice. 

48 CFR 3025.7002–2 Exceptions ............... Editorial correction to CFR reference relating to application of trade agreements.No cost ............................................ Provides clarification. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121, (Mar. 29, 1996), 

requires Federal agencies to consider 

the potential impact of regulations on 

small businesses, small governmental 

jurisdictions, and small organizations 

during the development of their rules. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, or 

governmental jurisdictions with 

populations of less than 50,000. This 

final rule will provide clarity and 

consistency between the HSAR and 

existing DHS practice as set forth in 

Deviation 13–01 and Deviation 

Amendment 1; and does not directly 

mandate any actions or requirements 

that will result in burdens for small 

entities. Therefore, DHS certifies this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq. 

C. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501–35210). 

D. National Environmental Policy Act 

Section 102 of the National 

Environmental Policy Act of 1969 

(NEPA), Public Law 91–190, 83 Stat. 

852 (Jan. 1, 1970) (42 U.S.C. 4321 et 

seq.), as amended, requires Federal 

agencies to evaluate the impacts of 

major Federal actions that may 

significantly affect the human 

environment, consider alternatives 

actions provide public notice and 

opportunity to comment, and properly 

document its analysis. DHS and its 

agency components analyzed the 

actions in this rule to determine 

whether NEPA applies to them and, if 

so, what level of documentation and 

analysis is required. 

DHS Directive 023–01, Rev. 01 and 

DHS Instruction Manual 023–01–001– 

01, Rev. 01 (Instruction Manual) 

establish the policies and procedures 

DHS and its component agencies use to 

comply with NEPA and the Council on 

Environmental Quality regulations for 

implementing NEPA codified in 40 CFR 

parts 1500–1508. The CEQ regulations 

allow Federal agencies to establish, in 

their implementing procedures, with 

CEQ review and concurrence, categories 

of actions (‘‘categorical exclusions’’) that 

experience has shown do not, 

individually or in the aggregate, have a 

significant effect on the human 

environment and, therefore, do not 

require preparation of an environmental 

assessment or environmental impact 

statement. 40 CFR 1501.4, 

1507.3(e)(2)(ii). Appendix A of the 

Instruction Manual lists the DHS 

categorical exclusions. 

Under DHS NEPA implementing 

procedures, for an action to be 

categorically excluded, it must satisfy 

each of the following three conditions: 

(1) the entire action clearly fits within 

one or more categorical exclusions; (2) 

the action is not a piece of a larger 

action; and (3) no extraordinary 

circumstances exist that create the 

potential for a significant environmental 

effect. 

This final rule amends the HSAR to 

better clarify how DHS complies with 

the Kissell Amendment. This includes 

codifying requirements as set forth in 

Deviation 13–01 and Deviation 

Amendment 1 that are currently in 

effect. 

DHS is not aware of any significant 

impact on the environment, or any 

change in environmental effect that will 

result from this final rule. DHS finds 

promulgation of the rule clearly fits 

within categorical exclusion A3, 

established in the Department’s NEPA 

implementing procedures. 

This final rule is a standalone rule 

and is not part of any larger action, and 

will not result in any major Federal 

action that will significantly affect the 

quality of the human environment. 

Furthermore, DHS has determined that 

no extraordinary circumstances exist 

that will create the potential for 

significant environmental effects. 

Therefore, this final rule is categorically 

excluded from further NEPA review and 

documentation. 

List of Subjects in 48 CFR Parts 3025 

and 3052 

Government procurement. 

Accordingly, for the reasons set forth 

in the preamble, DHS amends 48 CFR 

parts 3025 and 3052 as follows: 

PART 3025—FOREIGN ACQUISITION 

■ 1. The authority citation for part 3025 

is revised to read as follows: 

Authority: 5 U.S.C. 301–302, 6 U.S.C. 

453b, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 

U.S.C. 1702, and 48 CFR subpart 1.3. 

■ 2. Revise section 3025.7000 to read as 

follows: 

3025.7000 Scope of subpart. 

This subpart implements section 604 

of the American Recovery and 

Reinvestment Act of 2009, Public Law 

111–5. 

■ 3. In section 3025.7001, revise 

paragraphs (a) through (d) to read as 

follows: 


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92852 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Rules and Regulations 

3025.7001 Definitions. 

* * * * * 

(a) ‘‘Commercial,’’ as applied to an 

item described in (HSAR) 48 CFR 

3025.7002–1, means an item of supply, 

whether an end item or component, that 

meets the definition of ‘‘commercial 

item’’ set forth in (FAR) 48 CFR 2.101. 

(b) ‘‘Component’’ means any item 

supplied to the Government as part of 

an end item or of another component. 

(c) ‘‘End item’’ means supplies 

delivered under a line item of a 

contract. 

(d) ‘‘Non-commercial,’’ as applied to 

an item described in (HSAR) 48 CFR 

3025.7002–1, means an item of supply, 

whether an end item or component, that 

does not meet the definition of 

‘‘commercial item’’ set forth in (FAR) 48 

CFR 2.101. 

* * * * * 

■ 4. In section 3025.7002–1, revise the 

introductory text to read as follows: 

3025.7002–1 Restrictions. 

The following restrictions implement 

section 604 of the American Recovery 

and Reinvestment Act of 2009, Public 

Law 111–5, and they apply to all 

contracts, options and orders entered 

into on or after August 16, 2009. Except 

as provided in (HSAR) 48 CFR 

3025.7002–2, do not acquire, either as 

end items or components, any item 

listed in paragraph (a) or (b) of this 

section, if the item is directly related to 

the national security interests of the 

United States and the item has not been 

grown, reprocessed, reused, or produced 

in the United States: 

* * * * * 

■ 5. In section 3025.7002–2, revise 

paragraphs (d), (g), and (h) to read as 

follows: 

3025.7002–2 Exceptions. 

* * * * * 

(d) Acquisitions of items listed in 

(FAR) 48 CFR 25.104. 

* * * * * 

(g) The acquisition of covered items in 

3052.7002–1(a) and (b) containing noncompliant fibers when the total value of 

the non-compliant fibers contained in 

the end item does not exceed 10 percent 

of the total purchase price of the end 

item. 

(h) Acquisitions of items otherwise 

covered by (HSAR) 48 CFR 3025.7002– 

1(a) and (b) for which restricting a 

procurement of the items to those that 

have been grown, reprocessed, reused, 

or produced in the United States would 

be inconsistent with United States 

obligations under international 

agreements. Acquisitions of products 

that are eligible products per (FAR) 48 

CFR subpart 25.4 are not covered by 

these restrictions; see (HSAR) 48 CFR 

3025.7002–3 for specific application of 

trade agreements. 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. The authority citation for part 3052 

is revised to read as follows: 

Authority: 5 U.S.C. 301–302, 6 U.S.C. 

453b, 41 U.S.C. 1707, 41 U.S.C. 1702, 41 

U.S.C. 1303(a)(2), 48 CFR part 1, subpart 1.3. 

and DHS Delegation Number 0702. 

■ 7. In section 3052.225–70, revise the 

clause date and paragraphs (a)(1) 

through (4), (b) introductory text, (c) 

introductory text, and (d)(2) to read as 

follows: 

3052.225–70 Requirement for Use of 

Certain Domestic Commodities. 

* * * * * 

Requirement for Use of Certain 

Domestic Commodities NOV 2024 

(a) * * * 

(1) ‘‘Commercial,’’ as applied to an 

item described in paragraph(b) of this 

clause, means an item of supply, 

whether an end item or component, that 

meets the definition of ‘‘commercial 

item’’ set forth in (FAR) 48 CFR 2.101. 

(2) ‘‘Component’’ means any item 

supplied to the Government as part of 

an end item or of another component. 

(3) ‘‘End item’’ means supplies 

delivered under a line item of this 

contract. 

(4) ‘‘Non-commercial,’’ as applied to 

an item described in paragraph (b) or (c) 

of this clause, means an item of supply, 

whether an end item or component, that 

does not meet the definition of 

‘‘commercial item’’ set forth in (FAR) 48 

CFR 2.101. 

* * * * * 

(b) The Contractor shall deliver under 

this contract only such of the following 

commercial or non-commercial items, 

either as end items or components, that 

have been grown, reprocessed, reused, 

or produced in the United States: 

* * * * * 

(c) The Contractor shall deliver under 

this contract only such of the following 

non-commercial items, either as end 

items or components, that have been 

grown, reprocessed, reused, or produced 

in the United States: 

* * * * * 

(d) * * * 

(2) To the covered items in paragraphs 

(b) and (c) of this clause containing noncompliant fibers when the total value of 

the non-compliant fibers contained in 

the end item does not exceed 10 percent 

of the total purchase price of the end 

item; or 

* * * * * 

Paul Courtney, 

Chief Procurement Officer, U.S. Department 

of Homeland Security. 

[FR Doc. 2024–27456 Filed 11–22–24; 8:45 am] 

BILLING CODE 9112–FE–P 


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