Homeland Security Acquisition Regulation; Administrative Matters, 17312-17318 [2021-06176]
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
48 CFR Parts 3001, 3002, 3003, 3004,
3005, 3006, 3007, 3009, 3010, 3011,
3012, 3013, 3015, 3016, 3017, 3018,
3019, 3022, 3023, 3024, 3025, 3027,
3028, 3030, 3031, 3032, 3033, 3034,
3035, 3036, 3037, 3042, 3046, 3047,
3052, and 3053
[HSAR Case 2016–001]
Homeland Security Acquisition
Regulation; Administrative Matters
Office of the Chief Procurement
Officer, Department of Homeland
Security (DHS).
ACTION: Final rule.
AGENCY:
This final rule amends the
Homeland Security Acquisition
Regulation (HSAR) to conform
references throughout the HSAR to the
Positive Law Codification of Title 41,
and to provide needed editorial
changes. This final rule does not alter
substantive rights or obligations under
current law.
DATES: This final rule is effective on
May 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Nancy Harvey, Procurement Analyst,
DHS, Office of the Chief Procurement
Officer, Acquisition Policy and
Legislation, (202) 642–0500 or email
HSAR@hq.dhs.gov. When using email,
include HSAR Case 2016–001 in the
‘‘Subject’’ line.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On January 4, 2011, Public Law 111–
350 enacted a new codified version of
Title 41 United States Code (U.S.C.),
entitled ‘‘Public Contracts.’’ The
purpose of this final rule is to update all
references to Title 41 in the HSAR to
conform to the positive law codification
and to implement technical updates
throughout the HSAR. The HSAR
establishes uniform policies and
procedures for all acquisition activities
within DHS. The edits made by this rule
are entirely administrative and technical
in nature and will not result in any
substantive effects on DHS or other
entities.
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II. Discussion and Analysis
DHS amends the HSAR as follows:
1. Numerous corrections to authority
citations to conform the HSAR to the
Positive Law Codification of Title 41,
United States Code, ‘‘Public Contracts.’’
The codification of Title 41 was enacted
on January 4, 2011.
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2. Other technical corrections not as
a result of the Title 41 recodification,
include the following:
a. The position title ‘‘Contracting
Officer’s Technical Representative’’ is
replaced with ‘‘Contracting Officer’s
Representative’’, and the abbreviation
‘‘COTR’’ is replaced with ‘‘COR’’
throughout the HSAR for consistency
with the FAR.
b. Section 3001.105–2 is revised to
add U.S. Citizenship and Immigration
Services as a DHS Component;
c. Section 3001.105–3 is revised to
remove an outdated Uniform Resource
Locator (URL) and clarify where to
access the HSAR in electronic form.
d. Section 3001.304 is revised to:
1. In paragraph (a), make editorial
changes to clarify the Component
procedures for incorporating
Component-specific regulations or
provisions and clauses the Component
intends to use on a repetitive basis into
the HSAR. The term ‘‘supplement’’ is
used in paragraph (a) multiple times
and in different ways, making the
instructions difficult to follow. In
addition, the text is clarified to specify
who signs Component-specific
regulations, as well as other internal
procedures.
2. In paragraph (c), make editorial
changes to clarify that the HSAR is the
agency acquisition regulation for which
the CPO approves the incorporation of
proposed regulatory coverage.
e. Section 3002.101 is revised to (1)
identify, in the definition of
Component, U.S. Citizenship and
Immigration Services (USCIS) as a DHS
Component; (2) add the title of the Head
of the Contracting Activity (HCA) for
USCIS to the list of DHS HCAs; (3)
clarify the definition of legal counsel to
include Component legal offices; and (4)
update the definition of Senior
Procurement Executive for consistency
with DHS delegations.
f. Section 3002.270 is revised to:
1. Remove ‘‘COTR Contracting
Officer’s Technical Representative’’. The
abbreviation and term are obsolete.
2. Remove ‘‘KO Contracting officer.’’
The abbreviation does not appear in the
HSAR.
g. Section 3003.101–3 is amended to
add a reference to the more recently
issued DHS supplemental ethics
regulation at 5 CFR part 4601.
h. Section 3003.1003, paragraph (a), is
revised to add a direct link to the
electronic contractor disclosure form.
i. Section 3005.9000 is revised to
remove the reference to 6 U.S.C. 552(d).
Section 3005.9000 covers publicizing
United States Coast Guard (USCG)
personal services contracts. USCG is
authorized to issue personal services
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contracts for medical and dental care
under 10 U.S.C. 1091. Section 1091,
however, during the early transition
period of DHS, identified USCG as a
Department of Transportation
component. During this transition
period, 6 U.S.C. 552(d) was used to
identify newly transferred Components
that appeared in statutes, documents,
executive orders, regulations, etc., as
part of other agencies, as DHS
Components. Section 1091 has since
been revised and now the USCG
correctly appears under the jurisdiction
of DHS. As a result, the reference to 6
U.S.C. 552(d) in this section is no longer
necessary.
j. In section 3006.302–270, paragraphs
(d)(1)(iii)(A) and (B), the reference to
https://www.fema.gov/news/
disasters.fema#sev2 is removed as the
page no longer exists and the link is
unnecessary.
k. Section 3009.108–7005 is revised to
replace ‘‘Clause’’ in the section header
with ‘‘Provision’’, and to remove ‘‘and
contracts’’ at the end of the paragraph.
In accordance with FAR part 2,
Definitions, a contract clause is a term
or condition used in contracts or in both
solicitations and contracts, that apply
after contract award or both before and
after award. Alternatively, a provision is
a term or condition used only in
solicitations and that applies only
before contract award. Section
3009.108–7005 prescribes instructions
covering the use of section 3052.209–70,
and references it as a clause. However,
section 3052.209–70 is a provision
because it is a term that is used only in
solicitations, before contract award. For
this reason, the reference in section
3009.108–7005 to section 3052.209–70
as a provision in all solicitations and
contracts is inaccurate.
l. Section 3009.470–1 is revised to
correct the spelling of ‘‘sub-elements.’’
m. Section 3009.507–1 is revised to
replace ‘‘provision’’ in the header and in
the first sentence, to read ‘‘clause.’’ As
noted above, in accordance with FAR
part 2, Definitions, a contract clause is
a term or condition used in contracts or
in both solicitations and contracts, that
apply after contract award or both
before and after award. Alternatively, a
provision is a term or condition used
only in solicitations and that applies
only before contract award. Section
3009.507–1 prescribes instructions
covering the use of section 3052.209–72,
and references it as a provision.
However, section 3052.209–72 is a
clause because it is a term that is used
in both solicitations and contracts, that
is, both before and after contract award.
For this reason, the reference in section
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3009.507–1 to section 3052.209–70 as a
provision is inaccurate.
n. Subpart 3011.6, consisting of
section 3011.602, is removed and
reserved. DHS Delegation 9053,
Delegation of Authority Regarding the
Defense Priorities and Allocations
System, delegates certain authorities
under the Department of Commerce’s
Defense Priorities and Allocations
System (DPAS) Delegation 4 to
designated officials within DHS.
Subpart 3011.6 does not list all of the
enumerated parties in the Delegation.
Because this guidance is already
included in DHS Delegation 9053, this
subpart is no longer needed.
o. Section 3018.109 is revised to
remove ‘‘(See (HSAR) 48 CFR
3011.602.)’’ for consistency with the
revisions described above with respect
to 48 CFR 3011.602.
p. Section 3022.101–70, paragraph (b),
is revised to replace the word
‘‘coordinator’’ with ‘‘advisor’’ in the first
sentence to correct the DHS labor
advisor’s position title.
q. Section 3022.406–9, paragraph
(c)(1) is amended to replace
‘‘Comptroller General’’ with ‘‘Secretary
of Labor’’, and to remove the last
sentence of the paragraph in its entirety.
FAC 2005–78, effective December 16,
2014, amended FAR 22.406–9 to
implement Public Law 113–50, which
transferred certain authorities for
construction wage under-payments from
the Government Accountability Office
to the Department of Labor by requiring
that wage underpayments be sent to the
Secretary of Labor, and by removing
standard form (SF) 1093 from the FAR.
r. Section 3023.1004 is amended to (1)
correct the titles of ‘‘DHS Directive 023–
02 Environmental Compliance Program’’
and ‘‘DHS Directive 025–01, Sustainable
Practices for Environmental Energy and
Transportation.’’ The correct titles are,
respectively, ‘‘DHS Directive 023–02,
Environmental Management Program’’
and ‘‘DHS Directive 025–01, Sustainable
Practices.’’ In addition, in the second
sentence, the rule is amended to (a)
replace the term ‘‘green purchasing’’
with ‘‘sustainable acquisition’’ for
consistency with FAR part 23 and DHS
Directive 025–01, and (b) remove a
reference to an obsolete Executive
Order.
s. Section 3024.203 is revised to add
an ‘‘s’’ at the end of the word ‘‘request’’.
t. Section 3033.211 is revised to
clarify the methods of delivery for
submitting claims or disputes to the
Civilian Board of Contract Appeals
(CBCA).
u. Section 3046.790–2 is amended in
the definition for ‘‘At no additional cost
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to the Government’’ to add a hyphen
between ‘‘fixed’’ and ‘‘price’’.
v. For part 3052:
(1) Section 3052.101 is amended to, in
the Note, update a URL and remove an
outdated reference.
(2) Section 3052.203–70 is revised to
clarify the instructions for submitting
disclosures of violations and the method
for submitting disclosures.
(3) Section 3052.209–70 is revised in
the introductory paragraph, in the
introductory paragraph for paragraph
(b), and at the end of the provision, to
remove ‘‘clause’’ and replace it with
‘‘provision’’.
(4) Section 3052.209–71, paragraph
(a), is revised to correct the spelling of
‘‘sub-elements’’.
(5) Section 3052.209–72 is revised to
remove the word ‘‘provision’’, and
replace it with the word ‘‘clause’’ in the
introductory paragraph, and in
paragraphs (c), (d) and (f). In accordance
with FAR part 2, Definitions, a contract
clause is a term or condition used in
contracts or in both solicitations and
contracts, that applies after contract
award or both before and after award.
Alternatively, a provision is a term or
condition used only in solicitations and
that applies only before contract award.
Section 3052.209–72, paragraphs (f) and
(g), prescribe terms to which the
contractor must comply post-award.
Therefore, section 3052.209–72 is a
clause.
(6) The lists in section 3052.212–70
are corrected to properly identify
provisions and clauses. Section
3052.212–70 is also corrected to add
3052.205–70, Alternate I, to the list of
provisions and clauses. While section
3052.205–70 is listed, 3052.205–70,
Alternate I, is not. Because section
3052.205–70 is listed, its alternate must
be as well.
(7) Section 3052.217–96, in paragraph
(b), is revised to remove ‘‘s’’ at the end
of the term ‘‘equipments’’.
(8) Section 3052.219–71, in the
introductory paragraph, is revised to
redesignate the paragraph for
consistency with HSAR Case 2017–001,
Rescinding Department of Homeland
Security Acquisition Regulation (HSAR)
Clause 3052.219–70, Small Business
Subcontracting Plan Reporting.
(9) Section 3052.219–72, in the
introductory paragraph, is revised to
redesignate the paragraph for
consistency with HSAR Case 2017–001,
Rescinding Department of Homeland
Security Acquisition Regulation (HSAR)
Clause 3052.219–70, Small Business
Subcontracting Plan Reporting.
w. Section 3053.303 is amended to
update the URL to access DHS forms.
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III. Notice and Comment
This rule makes administrative
changes that do not require notice and
comment procedures, consistent with 41
U.S.C. 1707, 48 CFR 1.301, and related
authority. The changes will not have a
significant effect on any party, and will
not have a significant cost or
administrative impact on contractors or
offerors.
IV. Executive Orders 12866 and 13563
Executive Orders 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
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.
Accordingly, OMB has not reviewed it.
DHS has determined that the rule will
not create an economic impact. The
changes made by this rule are entirely
administrative and technical in nature
and will not result in any substantive
effects on DHS or other entities.
V. Regulatory Flexibility Act
As noted above, the administrative
changes made by this rule do not
require notice-and-comment
rulemaking. Accordingly, the
procedural requirements of the
Regulatory Flexibility Act do not apply.
See 5 U.S.C. 604, 48 CFR 1.301(c).
VI. Paperwork Reduction Act
This final 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.
Chapter 35).
List of Subjects
48 CFR Parts 3001, 3002, 3003, 3004,
3005, 3006, 3007, 3009, 3010, 3011,
3012, 3013, 3015, 3016, 3017, 3018,
3019, 3022, 3023, 3024, 3025, 3027, and
3028
Government procurement.
48 CFR Parts 3030, 3031, and 3032
Accounting, Government
procurement.
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48 CFR Parts 3033, 3034, 3035, 3036,
and 3037
Government procurement.
48 CFR Part 3042
Accounting, Government
procurement.
48 CFR Part 3046, 3047, 3052, and 3053
Government procurement.
Soraya Correa,
Chief Procurement Officer, Department of
Homeland Security.
For reasons set out in the preamble,
DHS amends chapter 30 of title 48 of the
Code of Federal Regulations as set forth
below.
PART 3001—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. Revise the authority citation for part
3001 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.
2. Amend section 3001.105–2 by
adding an entry in alphabetical order for
‘‘U.S. Citizenship and Immigration
Services (USCIS)’’ in paragraph (a) to
read as follows:
■
internal Component issued guidance
that does not go beyond internal
operating procedures and does not have
a significant cost or administrative
impact on contractors or offerors.
Supplementation should be kept to a
minimum. Any Component that seeks a
component-specific regulation or that
intends to use a solicitation provision or
a contract clause on a repetitive basis
must prepare and coordinate a draft rule
with Component legal counsel and
obtain HCA approval, which is non
delegable. The HCA must forward the
draft rule to the CPO for concurrence
prior to further action in accordance
with DHS regulatory clearance
procedures. If approved, the CPO or
designee, will sign the Componentspecific regulation and it will be
integrated into the HSAR.
(b) [Reserved]
(c) The CPO is responsible for
evaluating all proposed regulatory
coverage in the HSAR to determine if
the substance could apply to other
agencies and to make recommendation
for inclusion in the FAR.
PART 3002—DEFINITIONS OF WORDS
AND TERMS
5. Revise the authority citation for part
3002 to read as follows:
■
3001.105–2
Arrangement of regulations.
(a) * * *
U.S. Citizenship and Immigration
Services (USCIS);
*
*
*
*
*
■ 3. Revise section 3001.105–3 to read
as follows:
3001.105–3
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.
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 https://www.dhs.gov.
■ 4. Revise section 3001.304 to read as
follows:
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3001.304 Agency control and compliance
procedures.
(a) The HSAR is under the direct
oversight and control of the DHS, Office
of the Chief Procurement Officer
(OCPO), which is responsible for
evaluation, review, and issuance of all
Department-wide acquisition
regulations and guidance in accordance
with DHS regulatory clearance
procedures, as applicable. Each HCA
may supplement the HSAR with
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6. Amend section 3002.101 by
revising the definitions of
‘‘Component’’, ‘‘Head of the Contracting
Activity (HCA)’’, ‘‘Legal counsel’’, and
‘‘Senior Procurement Executive (SPE)
for the Department of Homeland
Security’’ 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);
(3) Federal Law Enforcement Training
Center (FLETC);
(4) Transportation Security
Administration (TSA);
(5) U.S. Citizenship and Immigration
Services (USCIS);
(6) U.S. Coast Guard (USCG);
(7) U.S. Customs and Border
Protection (CBP);
(8) U.S. Immigration and Customs
Enforcement (ICE); and
(9) U.S. Secret Service (USSS).
*
*
*
*
*
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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, Office of Acquisition
Management (FEMA);
(4) Chief, Procurement Division
(FLETC);
(5) Assistant Administrator for
Contracting & Procurement (TSA);
(6) Chief, Office of Contracting
(USCIS);
(7) Director of Contracting and
Procurement (USCG);
(8) Deputy Assistant Commissioner,
Office of Acquisition (CBP);
(9) Director, Office of Acquisition
Management (ICE); and
(10) Chief, Procurement Operations
(USSS).
*
*
*
*
*
Legal counsel means the Department
of Homeland Security Office of the
General Counsel, which includes
Component offices providing legal
services to the contracting organization.
*
*
*
*
*
Senior Procurement Executive (SPE)
for the Department of Homeland
Security means the individual
appointed pursuant to 41 U.S.C.
1702(c). The SPE is responsible for the
management direction of the
procurement system of DHS, including
implementation of the unique
procurement policies, regulations, and
standards of DHS. The DHS Chief
Procurement Officer (CPO) is the SPE
for DHS and is the only individual
within DHS that bears the title of the
CPO.
*
*
*
*
*
3002.270
[Amended]
7. Amend section 3002.270 by
removing the entries for ‘‘COTR
Contracting Officer’s Technical
Representative’’ and ‘‘KO Contracting
officer’’ from the list.
■
PART 3003—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
8. Revise the authority citation for part
3003 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.
3003.101–3
[Amended]
9. Amend 3003.101–3 by removing
the words ‘‘Management Directive
■
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0480.1, Ethics/Standards of Conduct’’
and adding the words ‘‘a supplemental
ethics regulation at 5 CFR part 4601 and
Management Directive 0480.1, Ethics/
Standards of Conduct’’ in their place.
■
■
3003.1003
*
[Amended]
10. Amend 3003.1003, in paragraph
(a), by adding ‘‘or https://
www.oig.dhs.gov/reports/publications/
annual/contractor-disclosure’’ after
‘‘https://www.oig.dhs.gov’’.
■
PART 3004—ADMINISTRATIVE
MATTERS
11. Revise the authority citation for
part 3004 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.
PART 3005—PUBLICIZING CONTRACT
ACTIONS
12. Revise the authority citation for
part 3005 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.
3005.9000
[Amended]
13. Amend section 3005.9000 by
removing ‘‘as amended by section
1512(d) of the Homeland Security Act,
6 U.S.C. 552(d),’’.
■
PART 3006—COMPETITION
REQUIREMENTS
14. Revise the authority citation for
part 3006 to read as follows:
■
[Amended]
15. Amend section 3006.302–270, in
paragraphs (d)(1)(iii)(A) and (B), by
removing ‘‘(see https://www.fema.gov/
news/disasters.fema#sev2 for a list of
declarations)’’.
■
PART 3007—ACQUISITION PLANNING
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.
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PART 3009—CONTRACTOR
QUALIFICATIONS
18. Amend section 3009.108–7005 by:
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3009. 470–1
Provision.
*
PART 3017—SPECIAL CONTRACTING
METHODS
27. Revise the authority citation for
part 3017 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.
*
[Amended]
19. Amend 3009.470–1 by removing
‘‘subelements’’ and adding ‘‘subelements’’ in its place.
■ 20. Amend 3009.507–1 by:
■ a. Revising the section heading; and
■ b. Removing the word ‘‘provision’’ in
the first sentence and adding the word
‘‘clause’’ in its place.
The revision reads as follows:
PART 3018—EMERGENCY
ACQUISITIONS
3009. 507–1
■
■
*
*
*
*
28. Revise the authority citation for
part 3018 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.
3018.109
[Amended]
29. Amend 3018.109 by removing
‘‘(See (HSAR) 48 CFR 3011.602.)’’.
Solicitation clause.
*
PART 3011—DESCRIBING AGENCY
NEEDS
PART 3019—SMALL BUSINESS
PROGRAMS
■
21. Revise the authority citation for
part 3011 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.
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.
Subpart 3011–6 [Removed and
Reserved]
PART 3022—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
30. Revise the authority citation for
part 3019 to read as follows:
22. Subpart 3011.6, consisting of
section 3011.602, is removed and
reserved.
■
PART 3012—ACQUISITION OF
COMMERCIAL ITEMS
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.
■
23. Revise the authority citation for
part 3012 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.
PART 3013—[REMOVED AND
RESERVED]
24. Under the authority of 41 U.S.C.
1702, part 3013 is removed and
reserved.
■
25. Revise the authority citation for
part 3015 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.
26. Revise the authority citation for
part 3016 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.
00:14 Apr 02, 2021
*
PART 3016—TYPES OF CONTRACTS
17. Revise the authority citation for
part 3009 to read as follows:
■
VerDate Sep<11>2014
*
PART 3015—CONTRACTING BY
NEGOTIATION
16. Revise the authority citation for
part 3007 to read as follows:
■
■
3009.108–7005
■
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.
3006.302–270
a. Revising the section heading; and
b. Removing the words ‘‘and
contracts’’ at the end of the section.
The revision reads as follows:
17315
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.
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Fmt 4700
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31. Revise the authority citation for
part 3022 to read as follows:
3022.101–70
[Amended]
32. Amend 3022.101–70, in the first
sentence in paragraph (b), by removing
‘‘DHS labor coordinator’’ and adding
‘‘DHS labor advisor’’ in its place.
■ 33. Amend 3022.406–9 by revising
paragraph (c)(1) to read as follows:
■
3022.406–9 Withholding from or
suspension of contract payments.
(c) * * *
(1) Forwarding wage underpayments
to the Secretary of Labor. The
contracting officer shall ensure that a
completed DHS Form 700–4, Employee
Claim for Wage Restitution, is obtained
from each employee claiming restitution
under the contract.
PART 3023—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
34. Revise the authority citation for
part 3023 to read as follows:
■
E:\FR\FM\02APR1.SGM
02APR1
17316
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
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.
35. Revise section 3023.1004 to read
as follows:
■
3023.1004
Requirements.
DHS Directive 023–02, Environmental
Management Program, provides
guidance and direction for compliance
with environmental laws, regulations
and executive orders. DHS Directive
025–01, Sustainable Practices, provides
guidance and direction for compliance
with sustainable acquisition and other
sustainable practices. Contracting
officers shall ensure that solicitations
and contracts contain appropriate
sustainable practices requirements,
provisions and clauses. Contractors
shall comply with the DHS sustainable
acquisition and environmental policy by
taking appropriate actions to eliminate
or reduce their impacts on the
environment.
■
41. Revise the authority citation for
part 3030 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.
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.
PART 3031—CONTRACT COST
PRINCIPLES AND PROCEDURES
PART 3037—SERVICE CONTRACTING
48. Revise the authority citation for
part 3036 to read as follows:
49. Revise the authority citation for
part 3037 to read as follows:
■
42. Revise the authority citation for
part 3031 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.
PART 3032—CONTRACT FINANCING
43. Revise the authority citation for
part 3032 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.
PART 3042—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
■
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.
44. Revise the authority citation for
part 3033 to read as follows:
50. Revise the authority citation for
part 3042 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.
Subpart 3042.70 Contracting Officer’s
Representative
■
36. Revise the authority citation for
part 3024 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.
[Amended]
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.
45. Revise section 3033.211 to read as
follows:
■
3033.211
Contracting officer’s decision.
51. Revise the heading for subpart
3042.70 to read as set forth above.
■
3042.7000
[Amended]
52. Amend section 3042.7000 by
removing ‘‘Contracting Officer’s
Technical Representative’’ and adding
‘‘Contracting Officer’s Representative’’
in its place.
■
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.
For DHS contracts, the Board of
Contract Appeals (BCA) noted in (FAR)
48 CFR 33.211 is the Civilian Board of
Contract Appeals (CBCA). The Board’s
address for each method of filing is as
follows:
(a) For e-file: cbca.efile@cbca.gov.
(b) U.S. Postal Service Mail: 1800 F
Street NW, Washington, DC 20405.
(c) Overnight or Courier Delivery:
1800 M Street NW, Room 600 South,
Washington, DC 20036.
PART 3027—PATENTS, DATA, AND
COPYRIGHTS
PART 3034—MAJOR SYSTEM
ACQUISITION
39. Revise the authority citation for
part 3027 to read as follows:
■
46. Revise the authority citation for
part 3034 to read as follows:
PART 3047—TRANSPORTATION
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.
■
37. Amend section 3024.203, in the
second sentence in paragraph (a), by
removing ‘‘request’’ and adding
‘‘requests’’ in its place.
■
PART 3025—FOREIGN ACQUISITION
38. Revise the authority citation for
part 3025 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.
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PART 3036—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
PART 3033—PROTESTS, DUTIES, AND
APPEALS
PART 3024—PROTECTION OF
PRIVACY AND FREEDOM OF
INFORMATION
3024.203
PART 3030—COST ACCOUNTING
STANDARDS ADMINISTRATION
PART 3046—QUALITY ASSURANCE
53. Revise the authority citation for
part 3046 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.
3046.790–2
[Amended]
54. Amend section 3046.790–2, in the
definition of ‘‘At no additional cost to
the Government’’, by removing ‘‘fixed
price’’ and adding ‘‘fixed-price’’ in its
place.
■
55. Revise the authority citation for
part 3047 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.
PART 3028—BONDS AND INSURANCE
PART 3035—RESEARCH AND
DEVELOPMENT CONTRACTING
■
40. Revise the authority citation for
part 3028 to read as follows:
■
47. Revise the authority citation for
part 3035 to read as follows:
PART 3052—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
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.
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.
■
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00:14 Apr 02, 2021
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Fmt 4700
Sfmt 4700
56. Revise the authority citation for
part 3052 to read as follows:
E:\FR\FM\02APR1.SGM
02APR1
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
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.
3052.101
[Amended]
57. Amend section 3052.101, in the
note to 3052.101, by removing ‘‘https://
www.dhs.gov/xopnbiz/ under Policy
and Regulations, Homeland Security
Acquisition Regulation (HSAR)’’ and
adding ‘‘https://www.dhs.gov/
publication/hsar-provision-and-clausematrix’’ in its place.
■
58. Revise 3052.203–70 to read as
follows:
■
3052.203–70 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 (Sep 2012)
When making a written disclosure under
the clause at FAR 52.203–13, paragraph
(b)(3), the Contractor may submit the
disclosure to the Department of Homeland
Security Office of Inspector General using the
methods described at https://
www.oig.dhs.gov/hotline or https://
www.oig.dhs.gov/reports/publications/
annual/contractor-disclosure, 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
email 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.
(End of clause)
3052.204–71
[Amended]
59. Amend section 3052.204–71, in
Alternate I:
■ a. In paragraph (g), by removing
‘‘Contracting Officer’s Technical
Representative (COTR)’’ and adding the
term ‘‘Contracting Officer’s
Representative (COR)’’ in its place; and
■ b. In paragraph (h), in two places, by
removing the acronym ‘‘COTR’’ and
adding ‘‘COR’’ in its place.
■
3052.209–70
[Amended]
60. Amend section 3052.209–70, in
the introductory text and in paragraphs
(a) and (b), by removing the word
‘‘clause’’ and adding the word
‘‘provision’’ in its place.
jbell on DSKJLSW7X2PROD with RULES
■
3052.209–71
[Amended]
61. Amend section 3052.209–71, in
paragraph (a), by removing
‘‘subelements’’ and adding ‘‘subelements’’ in its place.
■
VerDate Sep<11>2014
00:14 Apr 02, 2021
Jkt 253001
3052.209–72
[Amended]
62. Amend section 3052.209–72:
a. In the introductory text and
paragraphs (c)(2), (d), and (f), by
removing the word ‘‘provision’’ and
adding the word ‘‘clause’’ in its place;
and
■ b. Removing, at the end of the section,
‘‘(End of provision)’’ and adding ‘‘(End
of clause)’’ in its place.
■ 63. Amending section 3052.212–70 by
revising paragraphs (a) and (b) of the
clause to read as follows:
■
■
3052.212–70 Contract terms and
conditions applicable to DHS acquisition of
commercial items.
*
*
*
*
*
Contract Terms and Conditions Applicable
to DHS Acquisition of Commercial Items
(Sep 2012)
(a) Provisions.
__3052.216–70 Evaluation of Offers Subject
to An Economic Price Adjustment
Clause.
__3052.219–72 Evaluation of Prime
Contractor Participation in the DHS
Mentor Prote´ge´ Program.
__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.
(b) Clauses.
__3052.203–70 Instructions for Contractor
Disclosure of Violations.
__3052.204–70 Security Requirements for
Unclassified Information Technology
Resources.
__3052.204–71 Contractor Employee
Access.
__Alternate I
__3052.205–70 Advertisement, Publicizing
Awards, and Releases.
__Alternate I
__3052.209–72 Organizational Conflicts of
Interest.
__3052.209–73 Limitation on Future
Contracting.
__3052.215–70 Key Personnel or Facilities.
__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)
__3052.219–71 DHS Mentor Prote´ge´
Program.
__3052.228–70 Insurance.
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Fmt 4700
Sfmt 4700
17317
__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.
__3052.242–72 Contracting Officer’s
Representative.
(End of clause)
*
*
*
*
3052.217–92
*
[Amended]
64. Amend section 3052.217–92, in
paragraph (e)(9), by removing the
acronym ‘‘COTR’’ and adding ‘‘COR’’ in
its place.
■
3052.217–96
[Amended]
65. Amend section 3052.217–96, in
paragraph (b), by removing
‘‘equipments’’ and adding ‘‘equipment’’
in its place.
■
3052.219–71
[Amended]
66. Amend section 3052.219–71, in
the introductory text, by removing ‘‘48
CFR 3019.708–70(b)’’ and adding ‘‘48
CFR 3019.708–70(a)’’ in its place.
■
3052.219–72
[Amended]
67. Amend section 3052.219–72, in
the introductory text, by removing ‘‘48
CFR 3019.708–70(c)’’ and adding ‘‘48
CFR 3019.708–70(b)’’ in its place.
■ 68. Revise section 3052.242–72 to
read as follows:
■
3052.242–72 Contracting officer’s
representative.
As prescribed in (HSAR) 48 CFR
3042.7000, insert the following clause:
Contracting Officer’s Representative (Dec
2003)
(a) The Contracting Officer may designate
Government personnel to act as the
Contracting Officer’s Representative (COR) to
perform functions under the contract such as
review or inspection and acceptance of
supplies, services, including construction,
and other functions of a technical nature. The
Contracting Officer will provide a written
notice of such designation to the Contractor
within five working days after contract award
or for construction, not less than five working
days prior to giving the contractor the notice
to proceed. The designation letter will set
forth the authorities and limitations of the
COR under the contract.
(b) The Contracting Officer cannot
authorize the COR or any other
representative to sign documents, such as
contracts, contract modifications, etc., that
require the signature of the Contracting
Officer.
(End of clause)
E:\FR\FM\02APR1.SGM
02APR1
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
PART 3053—FORMS
69. Revise the authority citation for
part 3053 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.
70. Amend section 3053.303 by
revising the introductory text to read as
follows:
■
2053.303
Agency forms.
This section illustrates agencyspecified forms. To access the DHS
forms go to https://www.dhs.gov/
publication/acquisition-forms.
*
*
*
*
*
[FR Doc. 2021–06176 Filed 4–1–21; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210325–0070]
RIN 0648–BJ93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 34
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
management measures described in
Regulatory Amendment 34 to the
Fishery Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region (Snapper-Grouper
FMP), as prepared and submitted by the
South Atlantic Fishery Management
Council (Council). The final rule will
create 34 special management zones
(SMZs) around artificial reefs in the
exclusive economic zone (EEZ) off
North Carolina and South Carolina. The
purpose of the final rule is to designate
new SMZs and to restrict fishing gear
with greater potential to result in high
exploitation rates. The restrictions are
expected to reduce potentially adverse
effects to snapper-grouper species and
enhance recreational fishing
opportunities at these SMZs.
DATES: The final rule is effective on May
3, 2021.
ADDRESSES: Electronic copies of
Regulatory Amendment 34 to the
Snapper-Grouper FMP (Regulatory
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SUMMARY:
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00:14 Apr 02, 2021
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Amendment 34) may be obtained from
www.regulations.gov or from the NMFS
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
regulatory-amendment-34-specialmanagement-zones-smz. Regulatory
Amendment 34 includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Analysis (RFA).
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the snapper-grouper
fishery under the Snapper-Grouper
FMP. The Snapper-Grouper FMP was
prepared by the Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801 et seq.).
On November 16, 2020, NMFS
published the proposed rule for
Regulatory Amendment 34 in the
Federal Register and requested public
comment (85 FR 73013). Regulatory
Amendment 34 and the proposed rule
outline the rationale for the actions
contained in this final rule. A summary
of the management measure described
in Regulatory Amendment 34 and
implemented by this final rule is
described below.
Background
The purpose of the Council’s SMZ
designation process and the subsequent
specification of SMZs is to protect
snapper-grouper populations at the
relatively small artificial reef sites in the
EEZ and to create fishing opportunities
that would not otherwise exist without
their designation. Prior to the SMZ
designation process established by the
Council in 1983, for example, black sea
bass pots were used by commercial
fishermen to efficiently remove black
sea bass from artificial reefs off South
Carolina. At the time of the SMZ
designation process, the Council
determined that because artificial reef
sites are small in area due to the limited
amount of suitable reef-building
material, the sites are vulnerable to
overexploitation by more efficient
fishing gear that has the potential to
result in localized depletion. In
addition, the Council wanted to
enhance fishing opportunities for the
recreational sector through the
designation of SMZs. The Council has
determined that the harvest and gear
restrictions will increase the abundance
and size of snapper-grouper species at
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Fmt 4700
Sfmt 4700
the sites, thereby increasing available
catch for fishermen, such as those
fishing under recreational harvest
limits.
The North Carolina Division of
Marine Fisheries (NCDMF) and the
South Carolina Department of Natural
Resources (SCDNR) requested that the
Council designate artificial reefs located
in the EEZ off their respective coasts as
SMZs. Following a review of the
requests, the Council developed
Regulatory Amendment 34 that would
create 34 new SMZs—30 off North
Carolina and 4 off South Carolina. The
Council determined that the actions in
Regulatory Amendment 34 will enhance
the fishing experience at the artificial
reef sites for recreational fishermen and
that will further promote the original
intent of North Carolina and South
Carolina for placing the artificial reefs at
the sites. The purpose of Regulatory
Amendment 34 and this final rule is to
designate these sites as SMZs and to
restrict fishing gear that could result in
high exploitation rates to reduce
potential adverse biological effects to
federally managed snapper-grouper
species and enhance recreational fishing
opportunities at these sites.
Management Measures Contained in
This Final Rule
This final rule creates SMZs in the
EEZ off North Carolina and South
Carolina. Authorized gear and harvest
levels for snapper-grouper species at
these new SMZs are also specified by
this final rule to reduce potentially
adverse biological effects to snappergrouper species and enhance
recreational fishing opportunities.
SMZs off North Carolina
This final rule designates 30 SMZs off
North Carolina in the EEZ. The 30 sites
are existing artificial reefs permitted by
the Army Corps of Engineers. The SMZs
match the sizes of the permitted
artificial reefs, and range in size from
0.24 to 0.76 square nautical miles or
0.25 to 1.01 square miles (0.82 to 2.6
square km). This final rule establishes
that all harvest of snapper-grouper
species is allowed only with handline,
rod and reel, and spear within the
SMZs. Further, in the SMZs off North
Carolina, all commercial and
recreational harvest of snapper-grouper
species by spear is limited to the
applicable, existing recreational bag
limits, as requested by the NCDMF.
SMZs off South Carolina
This final rule designates four SMZs,
in addition to the existing 28 SMZs, off
the coast of South Carolina in the EEZ.
The four sites are existing artificial reefs
E:\FR\FM\02APR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17312-17318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06176]
[[Page 17312]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3009, 3010,
3011, 3012, 3013, 3015, 3016, 3017, 3018, 3019, 3022, 3023, 3024,
3025, 3027, 3028, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037,
3042, 3046, 3047, 3052, and 3053
[HSAR Case 2016-001]
Homeland Security Acquisition Regulation; Administrative Matters
AGENCY: Office of the Chief Procurement Officer, Department of Homeland
Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Homeland Security Acquisition
Regulation (HSAR) to conform references throughout the HSAR to the
Positive Law Codification of Title 41, and to provide needed editorial
changes. This final rule does not alter substantive rights or
obligations under current law.
DATES: This final rule is effective on May 3, 2021.
FOR FURTHER INFORMATION CONTACT: Nancy Harvey, Procurement Analyst,
DHS, Office of the Chief Procurement Officer, Acquisition Policy and
Legislation, (202) 642-0500 or email [email protected]. When using email,
include HSAR Case 2016-001 in the ``Subject'' line.
SUPPLEMENTARY INFORMATION:
I. Background
On January 4, 2011, Public Law 111-350 enacted a new codified
version of Title 41 United States Code (U.S.C.), entitled ``Public
Contracts.'' The purpose of this final rule is to update all references
to Title 41 in the HSAR to conform to the positive law codification and
to implement technical updates throughout the HSAR. The HSAR
establishes uniform policies and procedures for all acquisition
activities within DHS. The edits made by this rule are entirely
administrative and technical in nature and will not result in any
substantive effects on DHS or other entities.
II. Discussion and Analysis
DHS amends the HSAR as follows:
1. Numerous corrections to authority citations to conform the HSAR
to the Positive Law Codification of Title 41, United States Code,
``Public Contracts.'' The codification of Title 41 was enacted on
January 4, 2011.
2. Other technical corrections not as a result of the Title 41
recodification, include the following:
a. The position title ``Contracting Officer's Technical
Representative'' is replaced with ``Contracting Officer's
Representative'', and the abbreviation ``COTR'' is replaced with
``COR'' throughout the HSAR for consistency with the FAR.
b. Section 3001.105-2 is revised to add U.S. Citizenship and
Immigration Services as a DHS Component;
c. Section 3001.105-3 is revised to remove an outdated Uniform
Resource Locator (URL) and clarify where to access the HSAR in
electronic form.
d. Section 3001.304 is revised to:
1. In paragraph (a), make editorial changes to clarify the
Component procedures for incorporating Component-specific regulations
or provisions and clauses the Component intends to use on a repetitive
basis into the HSAR. The term ``supplement'' is used in paragraph (a)
multiple times and in different ways, making the instructions difficult
to follow. In addition, the text is clarified to specify who signs
Component-specific regulations, as well as other internal procedures.
2. In paragraph (c), make editorial changes to clarify that the
HSAR is the agency acquisition regulation for which the CPO approves
the incorporation of proposed regulatory coverage.
e. Section 3002.101 is revised to (1) identify, in the definition
of Component, U.S. Citizenship and Immigration Services (USCIS) as a
DHS Component; (2) add the title of the Head of the Contracting
Activity (HCA) for USCIS to the list of DHS HCAs; (3) clarify the
definition of legal counsel to include Component legal offices; and (4)
update the definition of Senior Procurement Executive for consistency
with DHS delegations.
f. Section 3002.270 is revised to:
1. Remove ``COTR Contracting Officer's Technical Representative''.
The abbreviation and term are obsolete.
2. Remove ``KO Contracting officer.'' The abbreviation does not
appear in the HSAR.
g. Section 3003.101-3 is amended to add a reference to the more
recently issued DHS supplemental ethics regulation at 5 CFR part 4601.
h. Section 3003.1003, paragraph (a), is revised to add a direct
link to the electronic contractor disclosure form.
i. Section 3005.9000 is revised to remove the reference to 6 U.S.C.
552(d). Section 3005.9000 covers publicizing United States Coast Guard
(USCG) personal services contracts. USCG is authorized to issue
personal services contracts for medical and dental care under 10 U.S.C.
1091. Section 1091, however, during the early transition period of DHS,
identified USCG as a Department of Transportation component. During
this transition period, 6 U.S.C. 552(d) was used to identify newly
transferred Components that appeared in statutes, documents, executive
orders, regulations, etc., as part of other agencies, as DHS
Components. Section 1091 has since been revised and now the USCG
correctly appears under the jurisdiction of DHS. As a result, the
reference to 6 U.S.C. 552(d) in this section is no longer necessary.
j. In section 3006.302-270, paragraphs (d)(1)(iii)(A) and (B), the
reference to https://www.fema.gov/news/disasters.fema#sev2 is removed as
the page no longer exists and the link is unnecessary.
k. Section 3009.108-7005 is revised to replace ``Clause'' in the
section header with ``Provision'', and to remove ``and contracts'' at
the end of the paragraph. In accordance with FAR part 2, Definitions, a
contract clause is a term or condition used in contracts or in both
solicitations and contracts, that apply after contract award or both
before and after award. Alternatively, a provision is a term or
condition used only in solicitations and that applies only before
contract award. Section 3009.108-7005 prescribes instructions covering
the use of section 3052.209-70, and references it as a clause. However,
section 3052.209-70 is a provision because it is a term that is used
only in solicitations, before contract award. For this reason, the
reference in section 3009.108-7005 to section 3052.209-70 as a
provision in all solicitations and contracts is inaccurate.
l. Section 3009.470-1 is revised to correct the spelling of ``sub-
elements.''
m. Section 3009.507-1 is revised to replace ``provision'' in the
header and in the first sentence, to read ``clause.'' As noted above,
in accordance with FAR part 2, Definitions, a contract clause is a term
or condition used in contracts or in both solicitations and contracts,
that apply after contract award or both before and after award.
Alternatively, a provision is a term or condition used only in
solicitations and that applies only before contract award. Section
3009.507-1 prescribes instructions covering the use of section
3052.209-72, and references it as a provision. However, section
3052.209-72 is a clause because it is a term that is used in both
solicitations and contracts, that is, both before and after contract
award. For this reason, the reference in section
[[Page 17313]]
3009.507-1 to section 3052.209-70 as a provision is inaccurate.
n. Subpart 3011.6, consisting of section 3011.602, is removed and
reserved. DHS Delegation 9053, Delegation of Authority Regarding the
Defense Priorities and Allocations System, delegates certain
authorities under the Department of Commerce's Defense Priorities and
Allocations System (DPAS) Delegation 4 to designated officials within
DHS. Subpart 3011.6 does not list all of the enumerated parties in the
Delegation. Because this guidance is already included in DHS Delegation
9053, this subpart is no longer needed.
o. Section 3018.109 is revised to remove ``(See (HSAR) 48 CFR
3011.602.)'' for consistency with the revisions described above with
respect to 48 CFR 3011.602.
p. Section 3022.101-70, paragraph (b), is revised to replace the
word ``coordinator'' with ``advisor'' in the first sentence to correct
the DHS labor advisor's position title.
q. Section 3022.406-9, paragraph (c)(1) is amended to replace
``Comptroller General'' with ``Secretary of Labor'', and to remove the
last sentence of the paragraph in its entirety. FAC 2005-78, effective
December 16, 2014, amended FAR 22.406-9 to implement Public Law 113-50,
which transferred certain authorities for construction wage under-
payments from the Government Accountability Office to the Department of
Labor by requiring that wage underpayments be sent to the Secretary of
Labor, and by removing standard form (SF) 1093 from the FAR.
r. Section 3023.1004 is amended to (1) correct the titles of ``DHS
Directive 023-02 Environmental Compliance Program'' and ``DHS Directive
025-01, Sustainable Practices for Environmental Energy and
Transportation.'' The correct titles are, respectively, ``DHS Directive
023-02, Environmental Management Program'' and ``DHS Directive 025-01,
Sustainable Practices.'' In addition, in the second sentence, the rule
is amended to (a) replace the term ``green purchasing'' with
``sustainable acquisition'' for consistency with FAR part 23 and DHS
Directive 025-01, and (b) remove a reference to an obsolete Executive
Order.
s. Section 3024.203 is revised to add an ``s'' at the end of the
word ``request''.
t. Section 3033.211 is revised to clarify the methods of delivery
for submitting claims or disputes to the Civilian Board of Contract
Appeals (CBCA).
u. Section 3046.790-2 is amended in the definition for ``At no
additional cost to the Government'' to add a hyphen between ``fixed''
and ``price''.
v. For part 3052:
(1) Section 3052.101 is amended to, in the Note, update a URL and
remove an outdated reference.
(2) Section 3052.203-70 is revised to clarify the instructions for
submitting disclosures of violations and the method for submitting
disclosures.
(3) Section 3052.209-70 is revised in the introductory paragraph,
in the introductory paragraph for paragraph (b), and at the end of the
provision, to remove ``clause'' and replace it with ``provision''.
(4) Section 3052.209-71, paragraph (a), is revised to correct the
spelling of ``sub-elements''.
(5) Section 3052.209-72 is revised to remove the word
``provision'', and replace it with the word ``clause'' in the
introductory paragraph, and in paragraphs (c), (d) and (f). In
accordance with FAR part 2, Definitions, a contract clause is a term or
condition used in contracts or in both solicitations and contracts,
that applies after contract award or both before and after award.
Alternatively, a provision is a term or condition used only in
solicitations and that applies only before contract award. Section
3052.209-72, paragraphs (f) and (g), prescribe terms to which the
contractor must comply post-award. Therefore, section 3052.209-72 is a
clause.
(6) The lists in section 3052.212-70 are corrected to properly
identify provisions and clauses. Section 3052.212-70 is also corrected
to add 3052.205-70, Alternate I, to the list of provisions and clauses.
While section 3052.205-70 is listed, 3052.205-70, Alternate I, is not.
Because section 3052.205-70 is listed, its alternate must be as well.
(7) Section 3052.217-96, in paragraph (b), is revised to remove
``s'' at the end of the term ``equipments''.
(8) Section 3052.219-71, in the introductory paragraph, is revised
to redesignate the paragraph for consistency with HSAR Case 2017-001,
Rescinding Department of Homeland Security Acquisition Regulation
(HSAR) Clause 3052.219-70, Small Business Subcontracting Plan
Reporting.
(9) Section 3052.219-72, in the introductory paragraph, is revised
to redesignate the paragraph for consistency with HSAR Case 2017-001,
Rescinding Department of Homeland Security Acquisition Regulation
(HSAR) Clause 3052.219-70, Small Business Subcontracting Plan
Reporting.
w. Section 3053.303 is amended to update the URL to access DHS
forms.
III. Notice and Comment
This rule makes administrative changes that do not require notice
and comment procedures, consistent with 41 U.S.C. 1707, 48 CFR 1.301,
and related authority. The changes will not have a significant effect
on any party, and will not have a significant cost or administrative
impact on contractors or offerors.
IV. Executive Orders 12866 and 13563
Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and 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. Accordingly, OMB has not reviewed it.
DHS has determined that the rule will not create an economic
impact. The changes made by this rule are entirely administrative and
technical in nature and will not result in any substantive effects on
DHS or other entities.
V. Regulatory Flexibility Act
As noted above, the administrative changes made by this rule do not
require notice-and-comment rulemaking. Accordingly, the procedural
requirements of the Regulatory Flexibility Act do not apply. See 5
U.S.C. 604, 48 CFR 1.301(c).
VI. Paperwork Reduction Act
This final 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. Chapter 35).
List of Subjects
48 CFR Parts 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3009, 3010,
3011, 3012, 3013, 3015, 3016, 3017, 3018, 3019, 3022, 3023, 3024, 3025,
3027, and 3028
Government procurement.
48 CFR Parts 3030, 3031, and 3032
Accounting, Government procurement.
[[Page 17314]]
48 CFR Parts 3033, 3034, 3035, 3036, and 3037
Government procurement.
48 CFR Part 3042
Accounting, Government procurement.
48 CFR Part 3046, 3047, 3052, and 3053
Government procurement.
Soraya Correa,
Chief Procurement Officer, Department of Homeland Security.
For reasons set out in the preamble, DHS amends chapter 30 of title
48 of the Code of Federal Regulations as set forth below.
PART 3001--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. Revise the authority citation for part 3001 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.
0
2. Amend section 3001.105-2 by adding an entry in alphabetical order
for ``U.S. Citizenship and Immigration Services (USCIS)'' in paragraph
(a) to read as follows:
3001.105-2 Arrangement of regulations.
(a) * * *
U.S. Citizenship and Immigration Services (USCIS);
* * * * *
0
3. 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
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 https://www.dhs.gov.
0
4. Revise section 3001.304 to read as follows:
3001.304 Agency control and compliance procedures.
(a) The HSAR is under the direct oversight and control of the DHS,
Office of the Chief Procurement Officer (OCPO), which is responsible
for evaluation, review, and issuance of all Department-wide acquisition
regulations and guidance in accordance with DHS regulatory clearance
procedures, as applicable. Each HCA may supplement the HSAR with
internal Component issued guidance that does not go beyond internal
operating procedures and does not have a significant cost or
administrative impact on contractors or offerors. Supplementation
should be kept to a minimum. Any Component that seeks a component-
specific regulation or that intends to use a solicitation provision or
a contract clause on a repetitive basis must prepare and coordinate a
draft rule with Component legal counsel and obtain HCA approval, which
is non delegable. The HCA must forward the draft rule to the CPO for
concurrence prior to further action in accordance with DHS regulatory
clearance procedures. If approved, the CPO or designee, will sign the
Component-specific regulation and it will be integrated into the HSAR.
(b) [Reserved]
(c) The CPO is responsible for evaluating all proposed regulatory
coverage in the HSAR to determine if the substance could apply to other
agencies and to make recommendation for inclusion in the FAR.
PART 3002--DEFINITIONS OF WORDS AND TERMS
0
5. Revise the authority citation for part 3002 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.
0
6. Amend section 3002.101 by revising the definitions of ``Component'',
``Head of the Contracting Activity (HCA)'', ``Legal counsel'', and
``Senior Procurement Executive (SPE) for the Department of Homeland
Security'' 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);
(3) Federal Law Enforcement Training Center (FLETC);
(4) Transportation Security Administration (TSA);
(5) U.S. Citizenship and Immigration Services (USCIS);
(6) U.S. Coast Guard (USCG);
(7) U.S. Customs and Border Protection (CBP);
(8) U.S. Immigration and Customs Enforcement (ICE); and
(9) 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, Office of Acquisition Management (FEMA);
(4) Chief, Procurement Division (FLETC);
(5) Assistant Administrator for Contracting & Procurement (TSA);
(6) Chief, Office of Contracting (USCIS);
(7) Director of Contracting and Procurement (USCG);
(8) Deputy Assistant Commissioner, Office of Acquisition (CBP);
(9) Director, Office of Acquisition Management (ICE); and
(10) Chief, Procurement Operations (USSS).
* * * * *
Legal counsel means the Department of Homeland Security Office of
the General Counsel, which includes Component offices providing legal
services to the contracting organization.
* * * * *
Senior Procurement Executive (SPE) for the Department of Homeland
Security means the individual appointed pursuant to 41 U.S.C. 1702(c).
The SPE is responsible for the management direction of the procurement
system of DHS, including implementation of the unique procurement
policies, regulations, and standards of DHS. The DHS Chief Procurement
Officer (CPO) is the SPE for DHS and is the only individual within DHS
that bears the title of the CPO.
* * * * *
3002.270 [Amended]
0
7. Amend section 3002.270 by removing the entries for ``COTR
Contracting Officer's Technical Representative'' and ``KO Contracting
officer'' from the list.
PART 3003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
8. Revise the authority citation for part 3003 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.
3003.101-3 [Amended]
0
9. Amend 3003.101-3 by removing the words ``Management Directive
[[Page 17315]]
0480.1, Ethics/Standards of Conduct'' and adding the words ``a
supplemental ethics regulation at 5 CFR part 4601 and Management
Directive 0480.1, Ethics/Standards of Conduct'' in their place.
3003.1003 [Amended]
0
10. Amend 3003.1003, in paragraph (a), by adding ``or https://www.oig.dhs.gov/reports/publications/annual/contractor-disclosure''
after ``https://www.oig.dhs.gov''.
PART 3004--ADMINISTRATIVE MATTERS
0
11. Revise the authority citation for part 3004 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.
PART 3005--PUBLICIZING CONTRACT ACTIONS
0
12. Revise the authority citation for part 3005 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.
3005.9000 [Amended]
0
13. Amend section 3005.9000 by removing ``as amended by section 1512(d)
of the Homeland Security Act, 6 U.S.C. 552(d),''.
PART 3006--COMPETITION REQUIREMENTS
0
14. Revise the authority citation for part 3006 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.
3006.302-270 [Amended]
0
15. Amend section 3006.302-270, in paragraphs (d)(1)(iii)(A) and (B),
by removing ``(see https://www.fema.gov/news/disasters.fema#sev2 for a
list of declarations)''.
PART 3007--ACQUISITION PLANNING
0
16. Revise the authority citation for part 3007 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.
PART 3009--CONTRACTOR QUALIFICATIONS
0
17. Revise the authority citation for part 3009 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.
0
18. Amend section 3009.108-7005 by:
0
a. Revising the section heading; and
0
b. Removing the words ``and contracts'' at the end of the section.
The revision reads as follows:
3009.108-7005 Provision.
* * * * *
3009. 470-1 [Amended]
0
19. Amend 3009.470-1 by removing ``subelements'' and adding ``sub-
elements'' in its place.
0
20. Amend 3009.507-1 by:
0
a. Revising the section heading; and
0
b. Removing the word ``provision'' in the first sentence and adding the
word ``clause'' in its place.
The revision reads as follows:
3009. 507-1 Solicitation clause.
* * * * *
PART 3011--DESCRIBING AGENCY NEEDS
0
21. Revise the authority citation for part 3011 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.
Subpart 3011-6 [Removed and Reserved]
0
22. Subpart 3011.6, consisting of section 3011.602, is removed and
reserved.
PART 3012--ACQUISITION OF COMMERCIAL ITEMS
0
23. Revise the authority citation for part 3012 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.
PART 3013--[REMOVED AND RESERVED]
0
24. Under the authority of 41 U.S.C. 1702, part 3013 is removed and
reserved.
PART 3015--CONTRACTING BY NEGOTIATION
0
25. Revise the authority citation for part 3015 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.
PART 3016--TYPES OF CONTRACTS
0
26. Revise the authority citation for part 3016 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.
PART 3017--SPECIAL CONTRACTING METHODS
0
27. Revise the authority citation for part 3017 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.
PART 3018--EMERGENCY ACQUISITIONS
0
28. Revise the authority citation for part 3018 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.
3018.109 [Amended]
0
29. Amend 3018.109 by removing ``(See (HSAR) 48 CFR 3011.602.)''.
PART 3019--SMALL BUSINESS PROGRAMS
0
30. Revise the authority citation for part 3019 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.
PART 3022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
31. Revise the authority citation for part 3022 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.
3022.101-70 [Amended]
0
32. Amend 3022.101-70, in the first sentence in paragraph (b), by
removing ``DHS labor coordinator'' and adding ``DHS labor advisor'' in
its place.
0
33. Amend 3022.406-9 by revising paragraph (c)(1) to read as follows:
3022.406-9 Withholding from or suspension of contract payments.
(c) * * *
(1) Forwarding wage underpayments to the Secretary of Labor. The
contracting officer shall ensure that a completed DHS Form 700-4,
Employee Claim for Wage Restitution, is obtained from each employee
claiming restitution under the contract.
PART 3023--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
34. Revise the authority citation for part 3023 to read as follows:
[[Page 17316]]
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.
0
35. Revise section 3023.1004 to read as follows:
3023.1004 Requirements.
DHS Directive 023-02, Environmental Management Program, provides
guidance and direction for compliance with environmental laws,
regulations and executive orders. DHS Directive 025-01, Sustainable
Practices, provides guidance and direction for compliance with
sustainable acquisition and other sustainable practices. Contracting
officers shall ensure that solicitations and contracts contain
appropriate sustainable practices requirements, provisions and clauses.
Contractors shall comply with the DHS sustainable acquisition and
environmental policy by taking appropriate actions to eliminate or
reduce their impacts on the environment.
PART 3024--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
0
36. Revise the authority citation for part 3024 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.
3024.203 [Amended]
0
37. Amend section 3024.203, in the second sentence in paragraph (a), by
removing ``request'' and adding ``requests'' in its place.
PART 3025--FOREIGN ACQUISITION
0
38. Revise the authority citation for part 3025 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.
PART 3027--PATENTS, DATA, AND COPYRIGHTS
0
39. Revise the authority citation for part 3027 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.
PART 3028--BONDS AND INSURANCE
0
40. Revise the authority citation for part 3028 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.
PART 3030--COST ACCOUNTING STANDARDS ADMINISTRATION
0
41. Revise the authority citation for part 3030 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.
PART 3031--CONTRACT COST PRINCIPLES AND PROCEDURES
0
42. Revise the authority citation for part 3031 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.
PART 3032--CONTRACT FINANCING
0
43. Revise the authority citation for part 3032 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.
PART 3033--PROTESTS, DUTIES, AND APPEALS
0
44. Revise the authority citation for part 3033 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.
0
45. Revise section 3033.211 to read as follows:
3033.211 Contracting officer's decision.
For DHS contracts, the Board of Contract Appeals (BCA) noted in
(FAR) 48 CFR 33.211 is the Civilian Board of Contract Appeals (CBCA).
The Board's address for each method of filing is as follows:
(a) For e-file: [email protected].
(b) U.S. Postal Service Mail: 1800 F Street NW, Washington, DC
20405.
(c) Overnight or Courier Delivery: 1800 M Street NW, Room 600
South, Washington, DC 20036.
PART 3034--MAJOR SYSTEM ACQUISITION
0
46. Revise the authority citation for part 3034 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.
PART 3035--RESEARCH AND DEVELOPMENT CONTRACTING
0
47. Revise the authority citation for part 3035 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.
PART 3036--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
48. Revise the authority citation for part 3036 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.
PART 3037--SERVICE CONTRACTING
0
49. Revise the authority citation for part 3037 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.
PART 3042--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
50. Revise the authority citation for part 3042 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.
Subpart 3042.70 Contracting Officer's Representative
0
51. Revise the heading for subpart 3042.70 to read as set forth above.
3042.7000 [Amended]
0
52. Amend section 3042.7000 by removing ``Contracting Officer's
Technical Representative'' and adding ``Contracting Officer's
Representative'' in its place.
PART 3046--QUALITY ASSURANCE
0
53. Revise the authority citation for part 3046 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.
3046.790-2 [Amended]
0
54. Amend section 3046.790-2, in the definition of ``At no additional
cost to the Government'', by removing ``fixed price'' and adding
``fixed-price'' in its place.
PART 3047--TRANSPORTATION
0
55. Revise the authority citation for part 3047 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.
PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
56. Revise the authority citation for part 3052 to read as follows:
[[Page 17317]]
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.
3052.101 [Amended]
0
57. Amend section 3052.101, in the note to 3052.101, by removing
``https://www.dhs.gov/xopnbiz/ under Policy and Regulations, Homeland
Security Acquisition Regulation (HSAR)'' and adding ``https://www.dhs.gov/publication/hsar-provision-and-clause-matrix'' in its
place.
0
58. Revise 3052.203-70 to read as follows:
3052.203-70 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 (Sep 2012)
When making a written disclosure under the clause at FAR 52.203-
13, paragraph (b)(3), the Contractor may submit the disclosure to
the Department of Homeland Security Office of Inspector General
using the methods described at https://www.oig.dhs.gov/hotline or
https://www.oig.dhs.gov/reports/publications/annual/contractor-disclosure, 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 email 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.
(End of clause)
3052.204-71 [Amended]
0
59. Amend section 3052.204-71, in Alternate I:
0
a. In paragraph (g), by removing ``Contracting Officer's Technical
Representative (COTR)'' and adding the term ``Contracting Officer's
Representative (COR)'' in its place; and
0
b. In paragraph (h), in two places, by removing the acronym ``COTR''
and adding ``COR'' in its place.
3052.209-70 [Amended]
0
60. Amend section 3052.209-70, in the introductory text and in
paragraphs (a) and (b), by removing the word ``clause'' and adding the
word ``provision'' in its place.
3052.209-71 [Amended]
0
61. Amend section 3052.209-71, in paragraph (a), by removing
``subelements'' and adding ``sub-elements'' in its place.
3052.209-72 [Amended]
0
62. Amend section 3052.209-72:
0
a. In the introductory text and paragraphs (c)(2), (d), and (f), by
removing the word ``provision'' and adding the word ``clause'' in its
place; and
0
b. Removing, at the end of the section, ``(End of provision)'' and
adding ``(End of clause)'' in its place.
0
63. Amending section 3052.212-70 by revising paragraphs (a) and (b) of
the clause to read as follows:
3052.212-70 Contract terms and conditions applicable to DHS
acquisition of commercial items.
* * * * *
Contract Terms and Conditions Applicable to DHS Acquisition of
Commercial Items (Sep 2012)
(a) Provisions.
__3052.216-70 Evaluation of Offers Subject to An Economic Price
Adjustment Clause.
__3052.219-72 Evaluation of Prime Contractor Participation in the
DHS Mentor Prot[eacute]g[eacute] Program.
__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.
(b) Clauses.
__3052.203-70 Instructions for Contractor Disclosure of Violations.
__3052.204-70 Security Requirements for Unclassified Information
Technology Resources.
__3052.204-71 Contractor Employee Access.
__Alternate I
__3052.205-70 Advertisement, Publicizing Awards, and Releases.
__Alternate I
__3052.209-72 Organizational Conflicts of Interest.
__3052.209-73 Limitation on Future Contracting.
__3052.215-70 Key Personnel or Facilities.
__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)
__3052.219-71 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.
__3052.242-72 Contracting Officer's Representative.
(End of clause)
* * * * *
3052.217-92 [Amended]
0
64. Amend section 3052.217-92, in paragraph (e)(9), by removing the
acronym ``COTR'' and adding ``COR'' in its place.
3052.217-96 [Amended]
0
65. Amend section 3052.217-96, in paragraph (b), by removing
``equipments'' and adding ``equipment'' in its place.
3052.219-71 [Amended]
0
66. Amend section 3052.219-71, in the introductory text, by removing
``48 CFR 3019.708-70(b)'' and adding ``48 CFR 3019.708-70(a)'' in its
place.
3052.219-72 [Amended]
0
67. Amend section 3052.219-72, in the introductory text, by removing
``48 CFR 3019.708-70(c)'' and adding ``48 CFR 3019.708-70(b)'' in its
place.
0
68. Revise section 3052.242-72 to read as follows:
3052.242-72 Contracting officer's representative.
As prescribed in (HSAR) 48 CFR 3042.7000, insert the following
clause:
Contracting Officer's Representative (Dec 2003)
(a) The Contracting Officer may designate Government personnel
to act as the Contracting Officer's Representative (COR) to perform
functions under the contract such as review or inspection and
acceptance of supplies, services, including construction, and other
functions of a technical nature. The Contracting Officer will
provide a written notice of such designation to the Contractor
within five working days after contract award or for construction,
not less than five working days prior to giving the contractor the
notice to proceed. The designation letter will set forth the
authorities and limitations of the COR under the contract.
(b) The Contracting Officer cannot authorize the COR or any
other representative to sign documents, such as contracts, contract
modifications, etc., that require the signature of the Contracting
Officer.
(End of clause)
[[Page 17318]]
PART 3053--FORMS
0
69. Revise the authority citation for part 3053 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.
0
70. Amend section 3053.303 by revising the introductory text to read as
follows:
2053.303 Agency forms.
This section illustrates agency-specified forms. To access the DHS
forms go to https://www.dhs.gov/publication/acquisition-forms.
* * * * *
[FR Doc. 2021-06176 Filed 4-1-21; 8:45 am]
BILLING CODE 4410-10-P
