[Title 48 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2024 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 48
Federal Acquisition Regulations System
________________________
Chapter 29 to End
Revised as of October 1, 2024
Containing a codification of documents of general
applicability and future effect
As of October 1, 2024
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
Legal Status and Use of Seals and Logos
The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established
under the Federal Register Act. Under the provisions of 44
U.S.C. 1507, the contents of the CFR, a special edition of the
Federal Register, shall be judicially noticed. The CFR is
prima facie evidence of the original documents published in
the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this
material without the express, written permission of the
Archivist of the United States or the Archivist's designee.
Any person using NARA's official seals and logos in a manner
inconsistent with the provisions of 36 CFR part 1200 is
subject to the penalties specified in 18 U.S.C. 506, 701, and
1017.
Use of ISBN Prefix
This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of
the 0-16 ISBN prefix is for U.S. Government Publishing Office
Official Editions only. The Superintendent of Documents of the
U.S. Government Publishing Office requests that any reprinted
edition clearly be labeled as a copy of the authentic work
with a new ISBN.
U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E
------------------------------------------------------------------
U.S. Superintendent of Documents Washington, DC
20402-0001
http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 48:
Chapter 29--Department of Labor 3
Chapter 30--Department of Homeland Security,
Homeland Security Acquisition Regulation (HSAR) 29
Chapter 34--Department of Education Acquisition
Regulation 113
Chapter 51--Department of the Army Acquisition
Regulations [Reserved]
Chapter 52--Department of the Navy Acquisition
Regulations 161
Chapter 53--Department of the Air Force Federal
Acquisition Regulation Supplement [Reserved]
Chapter 54--Defense Logistics Agency, Department of
Defense 165
Chapter 57--African Development Foundation 171
Chapter 61--Civilian Board of Contract Appeals,
General Services Administration 175
Chapter 99--Cost Accounting Standards Board, Office
of Federal Procurement Policy, Office of Management
and Budget 201
Finding Aids:
Table of CFR Titles and Chapters........................ 437
Alphabetical List of Agencies Appearing in the CFR...... 457
List of CFR Sections Affected........................... 467
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 48 CFR 2901.001
refers to title 48, part
2901, section 001.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, October 1, 2024), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not dropped in error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed as
an approved incorporation by reference, please contact the agency that
issued the regulation containing that incorporation. If, after
contacting the agency, you find the material is not available, please
notify the Director of the Federal Register, National Archives and
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001,
or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
[[Page vii]]
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
20740-6001 or e-mail [email protected].
SALES
The Government Publishing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2104, 24 hours a day. For payment by check,
write to: US Government Publishing Office - New Orders, P.O. Box 979050,
St. Louis, MO 63197-9000.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers of the Presidents of the United
States, Compilation of Presidential Documents and the Privacy Act
Compilation are available in electronic format via www.govinfo.gov. For
more information, contact the GPO Customer Contact Center, U.S.
Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-
free). E-mail, [email protected].
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) website for public
law numbers, Federal Register finding aids, and related information.
Connect to NARA's website at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation
of CFR material and Federal Register amendments, produced by the Office
of the Federal Register and the Government Publishing Office. It is
available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register
October 1, 2024
[[Page ix]]
THIS TITLE
Title 48--Federal Acquisition Regulations System is composed of
seven volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2,
chapters 3 to 6, chapters 7 to 14, chapters 15 to 28, and chapter 29 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of October 1, 2024.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in section 1.106 of chapter 1. For the convenience of the
user section 1.106 is reprinted in the Finding Aids section of the
second volume containing chapter 1 (parts 52 to 99).
The first volume, containing chapter 1 (parts 1 to 51), includes an
index to the Federal acquisition regulations.
For this volume, Ann Worley was Chief Editor, aided by Tess Waroich.
The Code of Federal Regulations publication program is under the
direction of John Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(This book contains chapter 29 to end)
--------------------------------------------------------------------
Part
chapter 29--Department of Labor............................. 2901
chapter 30--Department of Homeland Security, Homeland
Security Acquisition Regulation (HSAR).................... 3001
chapter 34--Department of Education Acquisition Regulation.. 3401
chapter 51--Department of the Army Acquisition Regulations [Reserved]
chapter 52--Department of the Navy Acquisition Regulations.. 5231
chapter 53--Department of the Air Force Federal Acquisition Regulation
Supplement [Reserved]
chapter 54--Defense Logistics Agency, Department of Defense. 5416
chapter 57--African Development Foundation.................. 5706
chapter 61--Civilian Board of Contract Appeals, General
Services Administration................................... 6101
chapter 99--Cost Accounting Standards Board, Office of
Federal Procurement Policy, Office of Management and
Budget.................................................... 9900
[[Page 3]]
CHAPTER 29--DEPARTMENT OF LABOR
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL
Part Page
2901 Department of Labor Acquisition Regulations
System.................................. 5
2902 Definitions of words and terms.............. 6
2903 Improper business practices and personal
conflicts of interest................... 7
2904 Administrative and information matters...... 7
SUBCHAPTER B--ACQUISITION PLANNING
2905 Publicizing contract actions................ 8
2906
[RESERVED]
2907 Acquisition planning........................ 8
2908
[RESERVED]
2909 Contractor Qualifications................... 8
2910
[RESERVED]
2911 Describing agency needs..................... 9
2912
[RESERVED]
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
2913-2914
[RESERVED]
2915 Contracting by negotiation.................. 10
2916-2918
[RESERVED]
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
2919 Small business programs..................... 11
2920-2923
[RESERVED]
2924 Protection of privacy and freedom of
information............................. 11
2925-2926
[RESERVED]
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
2927
[RESERVED]
2928 Bonds and insurance......................... 12
2929-2931
[RESERVED]
2932 Contract financing.......................... 12
[[Page 4]]
2933 Protests, disputes, and appeals............. 13
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
2934-2936
[RESERVED]
2937 Service Contracting......................... 15
2938
[RESERVED]
2939 Acquisition of information technology....... 15
2940-2941
[RESERVED]
SUBCHAPTER G--CONTRACT MANAGEMENT
2942 Contract administration and audit services.. 16
2943 Contract modifications...................... 16
2944
[RESERVED]
2945 Government property......................... 16
2946-2951
[RESERVED]
SUBCHAPTER H--CLAUSE AND FORMS
2952 Solicitation provisions and contract clauses 17
2953-2999
[RESERVED]
[[Page 5]]
SUBCHAPTER A_GENERAL
PART 2901_DEPARTMENT OF LABOR ACQUISITION REGULATION SYSTEM-
-Table of Contents
Sec.
2901.000 Scope of part.
Subpart 2901.1_Purpose, Authority, Issuance
2901.101 Purpose.
2901.103 Authority.
2901.105 Issuance.
2901.105-1 Publication and code arrangement.
2901.105-2 Arrangement of regulations.
2901.105-3 Copies.
Subpart 2901.3_Agency Acquisition Regulations
2901.304 Agency control and compliance procedures.
Subpart 2901.4_Deviations From the FAR and DOLAR
2901.403 Individual deviations.
2901.404 Class deviations.
Subpart 2901.6_Career Development, Contracting Authority, and
Responsibilities
2901.602 Contracting officers.
2901.602-1 Authority.
2901.602-70 Contract clause.
Subpart 2901.7_Determinations and Findings
2901.707 Signatory authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
2901.000 Scope of part.
This chapter may be referred to as the Department of Labor
Acquisition Regulation or the DOLAR. This part sets forth introductory
information about the DOLAR. This part explains the relationship of the
DOLAR to the Federal Acquisition Regulation (FAR) and explains the
DOLAR's purpose, authority, applicability, exclusions, and issuance.
Subpart 2901.1_Purpose, Authority, Issuance
2901.101 Purpose.
(a) This chapter contains the DOLAR. The DOLAR is established within
the FAR System, at title 48 of the Code of Federal Regulations (CFR).
(b) The purpose of the DOLAR is to implement and supplement the FAR
in accordance with FAR subpart 1.3 and authorities cited therein. The
DOLAR is not by itself a complete document, as it must be used in
conjunction with the FAR.
2901.103 Authority.
The DOLAR is issued pursuant to the authority of the Secretary of
Labor under 5 U.S.C. 301 and 40 U.S.C. 486(c). This authority has been
delegated to the Assistant Secretary for Administration and Management
in accordance with FAR 1.301(d)(3).
2901.105 Issuance.
2901.105-1 Publication and code arrangement.
The DOLAR is published in the CFR, as chapter 29 of title 48.
2901.105-2 Arrangement of regulations.
(a) Where the DOLAR implements the FAR, the implementing part,
subpart, section, or subsection of the DOLAR is numbered and captioned,
to the extent feasible, the same as the FAR part, subpart, section, or
subsection being implemented, except that the section or subsection
being implemented is preceded with a ``29'' or a ``290'' such that there
will always be four numbers to the left of the first decimal. For
example, the DOLAR implementation of FAR 2.101 is 2902.101. The DOLAR
may have gaps in its numbering scheme because a FAR rule may not require
DOLAR implementation.
2901.105-3 Copies.
Copies of the DOLAR published in the Federal Register or the CFR may
be purchased from the Superintendent
[[Page 6]]
of Documents, Government Printing Office, Washington, DC 20402. Requests
should reference the DOLAR as chapter 29 of title 48. The DOLAR is also
available electronically at the Government Printing Office web page,
https://www.ecfr.gov/. The CFR is printed in paperback edition with
updates as needed.
Subpart 2901.3_Agency Acquisition Regulations
2901.304 Agency control and compliance procedures.
The DOLAR is under the direct oversight of the Department of Labor's
(DOL) Senior Procurement Executive (SPE) or designee.
Subpart 2901.4_Deviations From the FAR and DOLAR
2901.403 Individual deviations.
Individual deviations affect only one contract action. Except for
individual deviations referenced in FAR 1.405(e), the SPE is authorized
to approve individual deviations from FAR provisions (see FAR 1.403) or
from DOLAR provisions.
2901.404 Class deviations.
(a) Class deviations affect more than one contract action. If DOL
believes that it will require a class deviation on a permanent basis, it
will propose a FAR revision per FAR 1.404.
(b) The SPE is authorized to approve and process class deviations
from the FAR or the DOLAR, unless FAR 1.405(e) is applicable.
Subpart 2901.6_Career Development, Contracting Authority, and
Responsibilities
2901.602 Contracting officers.
2901.602-1 Authority.
Only DOL contracting officers have the authority to enter into,
administer, or terminate contracts and to make related determinations
and findings. DOL contracting officers may bind DOL to obligations under
contracts only to the extent of the authority delegated to them.
2901.602-70 Contract clause.
Contracting officers shall insert clause 2952.201-70, Contracting
Officer's Representative, in all solicitations and awards.
Subpart 2901.7_Determinations and Findings
2901.707 Signatory authority.
Except as shown in the applicable FAR or DOLAR, or where prohibited
by statute, the authority to sign or delegate signatory authority for
the various determinations and findings (D&Fs) resides with the SPE, or
their designee.
PART 2902_DEFINITIONS OF WORDS AND TERMS--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2902.1_Definitions
2902.101 Definitions.
The following words and terms are used as defined in this subpart
unless the context in which they are used clearly requires a different
meaning, or a different definition is prescribed for a particular part
or portion of a part:
Head of Agency (also called agency head) means the Assistant
Secretary for Administration and Management, except that the Secretary
of Labor is the Head of Agency for acquisition actions, which by the
terms of a statute or delegation must be performed specifically by the
Secretary of Labor; the Inspector General is the Head of Agency in all
cases for the Office of the Inspector General.
Head of Contracting Activity (HCA) means the official who has
overall responsibility for managing the Contracting Activity, as defined
at FAR 2.101, when the Contracting Activity has more than one person
duly appointed as Contracting Officers by the Senior Procurement
Executive or, in the case of the Office of the Inspector General, issued
by the Inspector General or their designee. Each Head of
[[Page 7]]
Agency may designate HCA(s) as appropriate to be responsible for
managing Contracting Activities within their respective Agency.
Senior Procurement Executive (SPE), as defined in the FAR, means the
individual appointed pursuant to 41 U.S.C. 1702(c) who is responsible
for management direction of the acquisition system of the executive
agency, including implementation of the unique acquisition policies,
regulations, and standards of the executive agency. At DOL, the SPE is
also the Chief Procurement Officer and DOL's Suspending and Debarment
Official and is the Principal Executive responsible for the Office of
the Senior Procurement Executive (OSPE).
PART 2903_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST-
-Table of Contents
Subpart 2903.1_Safeguards
Sec.
2903.104 Procurement integrity.
2903.104-1 Definitions.
Subpart 2903.2_Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
2903.204 Treatment of violations.
Subpart 2903.7_Voiding and Rescinding Contracts
2903.703 Authority.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2903.1_Safeguards
2903.104 Procurement integrity.
2903.104-1 Definitions.
Agency ethics official means the Solicitor of Labor or the Associate
Solicitor for Legal Counsel or other official as designated by the
Solicitor of Labor.
Subpart 2903.2_Contractor Gratuities to Government Personnel
2903.203 Reporting suspected violations of the Gratuities clause.
Contractor gratuities offered to Government personnel are subject to
the restriction under 5 CFR part 2635.
2903.204 Treatment of violations.
Any suspected violations of FAR subpart 3.2 and the clause at FAR
52.203-3, Gratuities, must be reported to the Office of the Inspector
General. The authority to determine whether a violation of the
Gratuities clause by the contractor, its agent, or another
representative has occurred, and the appropriate remedies, are delegated
to the HCA.
Subpart 2903.7_Voiding and Rescinding Contracts
2903.703 Authority.
Pursuant to FAR 3.703 and 3.705(b), the authority to void or rescind
contracts is delegated to the SPE.
PART 2904_ADMINISTRATIVE AND INFORMATION MATTERS--Table of Contents
Subpart 2904.7_Contractor Records Retention
Sec.
2904.703 Policy.
2904.703-70 Contract clause.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2904.7_Contractor Records Retention
2904.703 Policy.
2904.703-70 Contract clause.
The contracting officer shall insert the clause at DOLAR 2952.204-
70, Records Management Requirements, in all solicitations and contracts
in which the contractor creates, works with, or otherwise handles
federal records, as defined in subsection (a) of the clause at DOLAR
2952.204-70, regardless of the medium in which the record exists.
[[Page 8]]
SUBCHAPTER B_ACQUISITION PLANNING
PART 2905_PUBLICIZING CONTRACT ACTIONS--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2905.2_Synopses of Proposed Contract Actions
2905.202 Exceptions.
The Assistant Secretary for Administration and Management is
authorized to make the determination prescribed in FAR 5.202(b), subject
to the consultation requirements therein.
PART 2906 [RESERVED]
PART 2907_ACQUISITION PLANNING--Table of Contents
Subpart 2907.1_Acquisition Plans
Sec.
2907.107-2 Consolidation.
2907.108 Additional requirements for telecommuting.
2907.108-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2907.1_Acquisition Plans
2907.107-2 Consolidation.
The SPE shall make the determination to approve consolidation per
FAR 7.107-2.
2907.108 Additional requirements for telecommuting.
2907.108-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.207-70,
Contractor Personnel Telework, in all solicitations and contracts for
services, including construction services.
PART 2908 [RESERVED]
PART 2909_CONTRACTOR QUALIFICATIONS--Table of Contents
Subpart 2909.3_First Article Testing and Approval
Sec.
2909.301 Definitions.
Subpart 2909.5_Organizational and Consultant Conflicts of Interest
2909.503 Waiver.
2909.507-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2909.3_First Article Testing and Approval
2909.301 Definitions.
At DOL, the debarring official is the SPE. At DOL, the suspending
official is the SPE.
Subpart 2909.5_Organizational and Consultant Conflicts of Interest
2909.503 Waiver.
(a) The Secretary of Labor delegates to the SPE the authority to
waive any general rule or procedure in FAR subpart 9.5 when its
application in a particular situation would not be in the Government's
best interest. In making determinations under this subpart the SPE shall
consult with the Office of the Solicitor.
(b) The relevant HCA must make the request for such a waiver in
writing to the SPE who will consult with the Agency Head with respect to
each waiver request. Each request must include:
(1) An analysis of the facts involving the potential or actual
conflict, the nature and extent of the conflict, including benefits and
costs to the Government and prospective contractors of granting the
request;
(2) An explanation of the measures taken to avoid, neutralize, and
mitigate the conflict, if any; and
[[Page 9]]
(3) Identification of the provision(s) in FAR subpart 9.5 to be
waived.
2909.507-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.209-70,
Organizational Conflict of Interest Clause--OCI-1 Exclusion from Future
Agency Contracts, in all solicitations and contracts for services,
including construction services and architectural and engineering
services, and any other contract to which the Contractor Officer deems
the clause to be applicable.
PART 2910 [RESERVED]
PART 2911_DESCRIBING AGENCY NEEDS--Table of Contents
Sec.
2911.002 Policy.
2911.002-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
2911.002 Policy.
2911.002-70 Contract clause.
In accordance with FAR 11.002(g), 12.202(e), and 39.101(d), the
contracting officer shall insert the clause at DOLAR 2952.211-70,
Internet Protocol Version 6 (IPv6) Clause, in all solicitations/awards
when acquiring information technology products or services that are
expected to exceed the micro-purchase threshold.
PART 2912 [RESERVED]
[[Page 10]]
SUBCHAPTER C_CONTRACTING METHODS AND CONTRACT TYPES
PART 2913 2914 [RESERVED]
PART 2915_CONTRACTING BY NEGOTIATION--Table of Contents
Subpart 2915.6_Unsolicited Proposals
Sec.
2915.604 Agency points of contact.
2915.605 Content of unsolicited proposals.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2915.6_Unsolicited Proposals
2915.604 Agency points of contact.
(a) The Director of Strategy and Administration (S&A) within the
OSPE will be the point of contact for receipt of unsolicited proposals.
This responsibility may be delegated by the Director of S&A. Only the
cognizant contracting officer has the authority to bind the Government
by accepting an unsolicited proposal.
(b) The OSPE Director of Strategy and Administration is responsible
for handling unsolicited proposals to ensure that unsolicited proposals
are controlled, evaluated, safeguarded, and disposed of in accordance
with FAR subpart 15.6.
(c) The OSPE Director of Strategy and Administration may not
consider an unsolicited proposal if the proposal resembles an upcoming
solicitation or a procurement identified in the current annual
acquisition plan.
2915.605 Content of unsolicited proposals.
In addition to the contents required by FAR 15.605, unsolicited
proposals for research should contain a commitment by the offeror to
include cost-sharing or should represent a significant cost savings to
DOL.
PARTS 2916 2918 [RESERVED]
[[Page 11]]
SUBCHAPTER D_SOCIOECONOMIC PROGRAMS
PART 2919_SMALL BUSINESS PROGRAMS--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2919.2_Policies
2919.201 General policy.
The management of small and disadvantaged business utilization
programs at DOL is the responsibility of the Program Manager of the
Office of Small and Disadvantaged Business Utilization (OSDBU), within
the OSPE. All DOL acquisition officials are responsible for providing
opportunities to small businesses and small disadvantaged businesses in
DOL acquisitions, in compliance with law, directives, and the FAR.
Further information can be found at the OSDBU website, currently
accessible at https://www.dol.gov/agencies/oasam/centers -offices/
office-of-the-senior-procurement-executive /office-of-small-and-
disadvantaged-business-utilization, or a successor website.
PARTS 2920 2923 [RESERVED]
PART 2924_PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION-
-Table of Contents
Subpart 2924.1_Protection of Individual Privacy
Sec.
2924.103 Procedures.
2924.103-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2924.1_Protection of Individual Privacy
2924.103 Procedures.
2924.103-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.224-70,
Privacy Breach Notification Requirements, in all solicitations and
contracts except solicitations and contracts that are solely for the
acquisition of commercially available off-the-shelf items.
PARTS 2925 2926 [RESERVED]
[[Page 12]]
SUBCHAPTER E_GENERAL CONTRACTING REQUIREMENTS
PART 2927 [RESERVED]
PART 2928_BONDS AND INSURANCE--Table of Contents
Subpart 2928.1_Bonds and Other Financial Protections
Sec.
2928.106-6 Furnishing information.
Subpart 2928.2_Sureties and Other Security for Bonds
2928.203 Individual sureties.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2928.1_Bonds and Other Financial Protections
2928.106-6 Furnishing information.
The HCA or designee performs the functions outlined in FAR 28.106-
6(c).
Subpart 2928.2_Sureties and Other Security for Bonds
2928.203 Individual sureties.
Contracting officers must refer evidence of possible criminal or
fraudulent activities by an individual surety to the Office of Inspector
General.
PARTS 2929 2931 [RESERVED]
PART 2932_CONTRACT FINANCING--Table of Contents
Subpart 2932.4_Advance Payments for Other Than Commercial Acquisitions
Sec.
2932.408 Application for advance payments.
Subpart 2932.5_Progress Payments Based on Costs
2932.501-2 Unusual progress payments.
2932.503-6 Suspension or reduction of payments.
Subpart 2932.7_Contract Funding
2932.703 Contract funding requirements.
2932.703-70 Contract clause.
Subpart 2932.9_Prompt Payment
2932.908 Contract clauses.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2932.4_Advance Payments for Other Than Commercial Acquisitions
2932.408 Application for advance payments.
After consulting with the SPE, the HCA may authorize advance
payments without interest pursuant to FAR 32.408.
Subpart 2932.5_Progress Payments Based on Costs
2932.501-2 Unusual progress payments.
After consulting with the SPE, the HCA may approve requests for
``unusual'' progress payments.
2932.503-6 Suspension or reduction of payments.
Any action of a contracting officer under FAR 32.503-6 requires
approval in advance from the HCA. Upon receipt of approval from the HCA,
the contracting officer shall request the contract finance office to
suspend or reduce payments.
Subpart 2932.7_Contract Funding
2932.703 Contract funding requirements.
2932.703-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.232-70,
Limitation of Government's Obligation (LoGO), in all solicitations and
contracts for severable services.
[[Page 13]]
Subpart 2932.9_Prompt Payment
2932.908 Contract clauses.
Contracting Officers shall insert the clause at DOLAR 2952.232-71,
Submission of Invoices, in all solicitations and contracts.
PART 2933_PROTESTS, DISPUTES, AND APPEALS--Table of Contents
Subpart 2933.1_Protests
Sec.
2933.102 General.
2933.103 Protests to the agency.
2933.104 Protests to GAO.
Subpart 2933.2_Disputes and Appeals
2933.203 Applicability.
2933.209 Suspected fraudulent claims.
2933.212 Contracting officer's duties upon appeal.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c); E.O. 12979, 60 FR 55171,
3 CFR, 1995 Comp., p. 417.
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2933.1_Protests
2933.102 General.
(c)(1) The relevant contracting officer coordinates DOL's response
to procurement protests filed with the U.S. Government Accountability
Office (GAO), in consultation with DOL legal counsel at the Office of
the Solicitor.
(2) The authority of the Agency Head under FAR 33.102(b) to
determine that a solicitation, proposed award, or award does not comply
with the requirements of law or regulation is delegated to the HCA.
2933.103 Protests to the agency.
(a) The relevant contracting officer will be the point of contact
for agency-level protests. Upon receipt of an agency level protest, the
contracting officer immediately notifies the Director of Strategy and
Administration within the OSPE and the Office of the Solicitor of the
protest.
(b) OSPE's Director of Strategy and Administration is the Agency
Protest Official.
2933.104 Protests to GAO.
(a) Protests before award. The authority of the relevant HCA under
FAR 33.104(b) to authorize a contract award when the agency has received
notice from the GAO of a protest filed directly with the GAO is
nondelegable. In coordination with the Office of the Solicitor, the HCA
prepares the written finding with the information required by FAR
33.104(b)(1).
(b) Protests after award. The authority of the HCA under FAR
33.104(c) to authorize contract performance when the agency has received
notice from the GAO of a protest filed directly with the GAO is
nondelegable. In coordination with the Office of the Solicitor, the HCA
prepares and provides to the GAO the written finding with the
information required by FAR 33.104(c)(2).
(c) Notice to the GAO. The authority of the HCA under FAR 33.104(g),
to report to the GAO the failure to fully implement the GAO
recommendations with respect to a solicitation for a contract or an
award or a proposed award of a contract within 60 days of receiving the
GAO recommendations, is nondelegable. The written notice must be
coordinated with the Office of the Solicitor.
Subpart 2933.2_Disputes and Appeals
2933.203 Applicability.
The authority of the Agency Head for action under FAR subpart 33.2
is delegated to the SPE.
2933.209 Suspected fraudulent claims.
The contracting officer must refer all matters relating to suspected
fraudulent claims by a contractor under the conditions in FAR 33.209 to
the Office of the Inspector General for further action or investigation.
2933.212 Contracting officer's duties upon appeal.
(a) When a notice of appeal to the Civilian Board of Contract
Appeals has been received, the contracting officer must record the date
of mailing (or the date of receipt if the notice was not mailed). The
contracting officer must
[[Page 14]]
also immediately notify the Office of the Solicitor of the appeal.
(b) The contracting officer should prepare and transmit the
administrative file to the Office of the Solicitor and assist the Office
of the Solicitor in the defense of the appeal and related matters.
[[Page 15]]
SUBCHAPTER F_SPECIAL CATEGORIES OF CONTRACTING
PARTS 2934 2936 [RESERVED]
PART 2937_SERVICE CONTRACTING--Table of Contents
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2937.1_Service Contracts-General
2937.110 Solicitation provisions and contract clauses.
Contracting officers shall insert the clause at DOLAR 2952.237-70,
Emergency Continuation of Essential Services, in all solicitations and
contracts that support essential functions identified in agency
continuity plans.
PART 2938 [RESERVED]
PART 2939_ACQUISITION OF INFORMATION TECHNOLOGY--Table of Contents
Authority: 29 U.S.C. 794; 36 CFR 1194.1.
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2939.2_Information and Communication Technology
2939.270 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.239-70,
Section 508 Requirements, in all solicitations and contracts for the
acquisition of Information and Communication Technology (ICT) to be used
by the DOL.
PARTS 2940 2941 [RESERVED]
[[Page 16]]
SUBCHAPTER G_CONTRACT MANAGEMENT
PART 2942_CONTRACT ADMINISTRATION AND AUDIT SERVICES--Table of Contents
Subpart 2942.1_Contract Audit Services
Sec.
2942.101 Contract audit responsibilities.
2942.101-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2942.1_Contract Audit Services
2942.101 Contract audit responsibilities.
Contracting officers shall insert the clause at DOLAR 2952.242-70,
Access to Contractor Business Systems, in all solicitations and
contracts that include a covered contractor system, which is a system
that is owned by, or operated by or for, a contractor that processes,
stores, or transmits Federal information.
2942.101-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.242-71,
DOL Mandatory Training Requirements for Contractor Employees, in all
solicitations and contracts for services, including construction
services.
PART 2943_CONTRACT MODIFICATIONS--Table of Contents
Subpart 2943.1_General
Sec.
2943.104 Notification of contract changes.
2943.104-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2943.1_General
2943.104 Notification of contract changes.
2943.104-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.243-70,
Contractor's Obligation to Notify the Contracting Officer of a Request
to Change the Contract Scope (Contractor's Obligation Clause), in all
solicitations and contracts.
PART 2944 [RESERVED]
PART 2945_GOVERNMENT PROPERTY--Table of Contents
Subpart 2945.1_General
Sec.
2945.104 Responsibility and liability for Government property.
2945.104-70 Contract clause.
2945.105 Contractors' property management system compliance.
2945.105-70 Contract clause.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2945.1_General
2945.104 Responsibility and liability for Government property.
2945.104-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.245-70,
Contractor Responsibility to Report Theft of Government Property, in all
solicitations and contracts that contain FAR clause 52.245-1, Government
Property.
2945.105 Contractors' property management system compliance.
2945.105-70 Contract clause.
Contracting officers shall insert the clause at DOLAR 2952.245-71,
Asset Reporting Requirements, in all solicitations and contracts for the
acquisition of Accountable Property to increase the management and
tracking of high-value government assets.
PARTS 2946 2951 [RESERVED]
[[Page 17]]
SUBCHAPTER H_CLAUSE AND FORMS
PART 2952_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents
Subpart 2952.2_Text of Provisions and Clauses
Sec.
2952.201-70 Contracting Officer's Representative (COR) Clause.
2952.204-70 Records Management Requirements.
2952.207-70 Contractor Personnel Telework.
2952.209-70 Organizational Conflict of Interest Clause--OCI-1 Exclusion
From Future Agency Contracts.
2952.211-70 Internet Protocol Version 6 (IPv6) Clause.
2952.224-70 Privacy Breach Notification Requirements.
2952.232-70 Limitation of Government's Obligation (LoGO).
2952.232-71 Submission of Invoices.
2952.237-70 Emergency Continuation of Essential Services.
2952.239-70 Section 508 Requirements.
2952.242-70 Access to Contractor Business Systems.
2952.242-71 DOL Mandatory Training Requirements for Contractor
Employees.
2952.243-70 Contractor's Obligation to Notify the Contracting Officer of
a Request to Change the Contract Scope (Contractor's
Obligation Clause).
2952.245-70 Contractor Responsibility to Report Theft of Government
Property.
2952.245-71 Asset Reporting Requirements.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 89 FR 66618, Aug. 16, 2024, unless otherwise noted.
Subpart 2952.2_Text of Provisions and Clauses
2952.201-70 Contracting Officer's Representative (COR) Clause.
As prescribed in 2901.602-70, insert the following clause:
Contracting Officer's Representative (COR) Clause (SEP 2014)
(a) A Contracting Officer's Representative (COR) will be delegated
upon award. A copy of the delegation memorandum will be provided to the
COR and a delegation letter sent to the vendor.
(b) The COR is responsible as applicable for receiving all
deliverables; inspecting and accepting the supplies or services provided
hereunder in accordance with the terms and conditions of this contract;
providing direction to the contractor which clarifies the contract
effort, fills in details or otherwise serves to accomplish the
contractual scope of work; evaluating performance; and certifying all
invoices/vouchers for acceptance of the supplies or services furnished
for payment.
(c) The COR does not have the authority to alter the contractor's
obligations under the contract, and/or modify any of the expressed
terms, conditions, specifications, or cost of the agreement. If, as a
result of technical discussions, it is desirable to alter/change
contractual obligations or the scope of work, the contracting officer
must issue such changes.
(End of Clause)
2952.204-70 Records Management Requirements.
As prescribed in 2904.703-70, insert the following clause:
Records Management Requirements (AUG 2018)
A. Definitions
``Federal record,'' as defined in 44 U.S.C. 3301, includes all
recorded information, regardless of form or characteristics, made or
received by a federal agency under federal law or in connection with the
transaction of public business and preserved or appropriate for
preservation by that agency or its legitimate successor as evidence of
the organization, functions, policies, decisions, procedures,
operations, or other activities of the United States Government or
because of the informational value of data in them.
The term federal record:
(a) Includes DOL records.
(b) Does not include personal materials.
(c) Applies to records created, received, or maintained by
contractors pursuant to their DOL contract.
(d) May include deliverables and documentation associated with
deliverables.
B. Requirements
(a) Contractor shall comply with all applicable records management
laws and regulations, as well as National Archives and Records
Administration (NARA) records policies, including but not limited to,
the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA
regulations at 36 CFR chapter XII, subchapter B, and those policies
associated with the safeguarding of records covered by the Privacy Act
of 1974 (5 U.S.C. 552a). These
[[Page 18]]
policies include the preservation of all records, regardless of form or
characteristics, mode of transmission, or state of completion.
(b) In accordance with 36 CFR 1222.32(b), all data created for
Government use and delivered to, or falling under the legal control of,
the Government are federal records subject to the provisions of 44
U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act
(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C.
552a), as amended and must be managed and scheduled for disposition only
as permitted by statute or regulation.
(c) In accordance with 36 CFR 1222.32, contractor shall maintain all
records created for government use or created in the course of
performing the contract and/or delivered to, or under the legal control
of, the Government and must be managed in accordance with federal law.
Electronic records and associated metadata must be accompanied by
sufficient technical documentation to permit understanding and use of
the records and data.
(d) DOL and its contractors prevent the alienation or unauthorized
destruction of records, including all forms of mutilation. Records may
not be removed from the legal custody of DOL or destroyed except for in
accordance with the provisions of the applicable agency schedules and
with the written concurrence of the Head of the Contracting Activity in
consultation with the Agency Records Officer. Willful and unlawful
destruction, removal, damage, or alienation of federal records is
subject to the fines and penalties imposed by 18 U.S.C. 2701. In the
event of any unlawful or accidental removal, defacing, alteration, or
destruction of records, the contractor must report the event to DOL. The
agency must report the incident directly to their Agency Records
Officer. The Agency Records Officer will engage the Departmental Records
Officer who will follow procedures promptly to report to NARA in
accordance with 36 CFR part 1230.
(e) The contractor shall immediately notify the appropriate
contracting officer upon discovery of any inadvertent or unauthorized
disclosures of information, data, documentary materials, records, or
equipment. Disclosure of non-public information is limited to authorized
personnel with a need-to-know as described in the contract. The
contractor shall ensure that the appropriate personnel, administrative,
technical, and physical safeguards are established to ensure the
security and confidentiality of this information, data, documentary
material, records and/or equipment is properly protected. The contractor
shall not remove material from government facilities or systems, or
facilities or systems operated or maintained on the Government's behalf,
without the express written permission of the Head of the Contracting
Activity. When information, data, documentary material, records, and/or
equipment is no longer required, it shall be returned to DOL's control,
or the contractor must hold it until otherwise directed. Items returned
to the Government shall be hand carried, mailed, emailed, or securely
electronically transmitted to the contracting officer or address
prescribed in the contract. Destruction of records is EXPRESSLY
PROHIBITED unless in accordance with paragraph (d) of this clause.
(f) The contractor is required to obtain the contracting officer's
approval prior to engaging in any contractual relationship (sub-
contractor) in support of this contract requiring the disclosure of
information, documentary material, and/or records generated under, or
relating to, contracts. The contractor (and any sub-contractor) is
required to abide by government and DOL guidance for protecting
sensitive, proprietary information, classified, and controlled
unclassified information.
(g) The contractor shall only use government IT equipment for
purposes specifically tied to or authorized by the contract and in
accordance with DOL policy.
(h) The contractor shall not create or maintain any records
containing any non-public DOL information that are not specifically tied
to or authorized by the contract.
(i) The contractor shall not retain, use, sell, or disseminate
copies of any deliverable that contains information covered by the
Privacy Act of 1974 or that which is generally protected from public
disclosure by an exemption to the Freedom of Information Act.
(j) [Insert the following if no other data rights clause has been
included in the contract] The DOL owns the rights to all data and
records produced as part of this contract. All deliverables under the
contract are the property of the U.S. Government for which DOL shall
have unlimited rights to use, dispose of, or disclose such data
contained therein as it determines to be in the public interest. Any
contractor rights in the data or deliverables must be identified as
required by FAR 52.227-11 through 52.227-20.
(k) Training. All contractor employees assigned to this contract who
create, work with, or otherwise handle records are required to take the
annual mandatory records management training, provided by DOL, as
directed by the Contracting Officer's Representative (COR). The training
shall be completed in a timeframe specified by the COR. The contractor
confirms training has been completed according to agency policies,
including initial training and any annual or refresher training.
[[Page 19]]
C. Flow Down of Requirements to Subcontractors
(a) The contractor shall incorporate the substance of this clause,
its terms, and requirements, including this paragraph, in all
subcontracts under this contract and require written subcontractor
acknowledgment of same.
(b) Violation by a subcontractor of any provision set forth in this
clause will be attributed to the contractor.
(End of Clause)
2952.207-70 Contractor Personnel Telework.
As prescribed in 2907.108-70, insert the following clause:
Contractor Personnel Telework (OCT 2021)
The Government shall not provide or reimburse contractor personnel
for internet connectivity.
(End of Clause)
2952.209-70 Organizational Conflict of Interest Clause-
-OCI-1 Exclusion From Future Agency Contracts.
As prescribed in 2909.507-70, insert the following clause:
Organizational Conflict of Interest Clause--OCI-1 Exclusion From Future
Agency Contracts (DEC 2012)
This clause supplements the FAR provisions on organizational
conflicts of interest, located at FAR subpart 9.5 and should be read in
conjunction with these provisions. To the extent there is any
inconsistency or confusion between the two provisions, the FAR provision
controls.
(a) Work under this contract may create a future organizational
conflict of interest (OCI) that could prohibit the contractor from
competing for, or being awarded, future government contracts. The
following examples illustrate situations in which organizational
conflicts of interest may arise. They are not all inclusive, but will be
used by the contracting officer as general guidance in individual
contract situations:
(1) Unequal Access to Information. The performance of this contract
may provide access to ``nonpublic information,'' which could provide the
contractor an unfair competitive advantage in later solicitations or
competitions for other DOL contracts. Such an advantage could be
perceived as unfair by a competing vendor who is not given similar
access to the same nonpublic information that is related to the future
procurement action. If you, as a contractor, in performing this
contract, obtain nonpublic information that is relevant to a future
procurement action, you may be required to submit and negotiate an
acceptable mitigation plan prior to being deemed eligible to compete on
the future action. Alternatively, the ``nonpublic information'' may be
provided to all offerors.
(2) Biased Ground Rules. Your contract with DOL may have, in some
fashion, established important ``ground rules'' for another DOL
procurement, in which you may desire to be a competitor. For example,
this contract may involve you drafting the statement of work,
specifications, or evaluation criteria for a future DOL procurement. The
primary concern, in any such situation, is that any such firm could skew
the competition, whether intentionally or not, or be perceived as having
skewed the competition, in its own favor. If the requirements of this
DOL contract anticipate the contractor may be placed in a position to
establish important ground rules, including but not limited to those
described herein, the contractor may be precluded from competing in the
related action or, if possible, may be required to submit and negotiate
an acceptable mitigation plan.
(3) Impaired Objectivity. The performance of this contract may
result in the contractor being placed in a situation where it is able,
or required, to provide assessment and evaluation findings concerning
itself, another business division, a subsidiary or affiliate, or other
entity with which it has a significant financial relationship. The
concern in this case is that the contractor's ability to render
impartial advice to DOL could appear to be undermined by the
contractor's financial or other business relationship to the entity
whose work product is being assessed or evaluated. In these situations,
a ``walling off'' of lines of communication between entities or
divisions may be acceptable, but it also may not be sufficient to remove
the perception that the objectivity of the contractor has been tainted.
If the requirements of the DOL procurement indicate that a contractor
may be placed in a position to provide evaluations and assessments of
itself or other entities with which it has a significant financial
relationship, the affected contractor should notify DOL immediately. The
contractor may also be required to provide a mitigation plan that
includes recusal by the contractor from one of the affected contracts.
Such recusal might include divestiture of the work to a third party.
(b) To prevent a future OCI of any kind, the contractor shall be
subject to the following restrictions:
(1) The contractor may be excluded from competition for, or award
of, any government contracts as to which, in the course of performing
another contract, the contractor has received nonpublic and
competitively
[[Page 20]]
relevant information before such information has been made generally
available to other persons or firms.
(2) The contractor may be excluded from competition for, or award
of, any government contract for which the contractor actually assisted
or participated in the development of specifications or statements of
work.
(3) The contractor may be excluded from competition for, or award
of, any government contract which calls for it to evaluate itself, any
affiliate, or any products or services produced or performed thereby.
(4) The contractor may be excluded from competition for, or award
of, any government contract calling for the production or performance of
any product or service for which the contractor participated in the
development of requirements or definitions pursuant to another contract.
(c) This clause shall not exclude the contractor from performing
work under any modification to this contract or from competing for award
of any future contract for work that is the same or similar to work
performed under this contract, so long as the conditions above are not
present. This clause does not prohibit an incumbent from competing on a
follow-on competition, but the contracting officer may require a
mitigation plan or other steps as needed to ensure that there has not
been an unequal access to nonpublic competitively sensitive information.
(d) The term ``contractor'' as used in this clause, includes any
person, firm, or corporation that owns or controls, or is owned or
controlled by, the contractor. The term also includes the corporate
officers of the contractor.
(e) The agency may, in its sole discretion, waive any provisions of
this clause if deemed in the best interest of the Government. The
exclusions contained in this clause shall apply for the duration of this
contract and for three (3) years after completion and acceptance of all
work performed hereunder, or such other period as the contracting
officer shall direct.
(f) If any provision of this clause excludes the contractor from
competition for, or award of any contract, the contractor shall not be
permitted to serve as a subcontractor, at any tier, on such contract.
This clause shall be incorporated into any subcontracts or consultant
agreements awarded under this contract unless the contracting officer
determines otherwise.
(End of Clause)
2952.211-70 Internet Protocol Version 6 (IPv6) Clause.
As prescribed in 2911.002-70, insert the following clause:
Internet Protocol Version 6 (IPv6) Clause (MAY 2015)
(a) Any system or product that includes: hardware, software,
firmware, and/or networked components, including but not limited to,
voice, video, or data that is developed, procured, or acquired in
support and/or performance of this requirement shall be capable of
transmitting, receiving, processing, or forwarding digital information
across system boundaries that are formatted in accordance with
commercial standards of Internet Protocol (IP) version 6 (IPv6) as set
forth in the USGv6 Profile (NIST Special Publication 500-267) and
corresponding declarations of conformance defined in the USGv6 Test
Program.
(b) This IPv6 capable system or product shall maintain
interoperability with IPv4 systems and provide the same level of
performance and reliability capabilities of IPv4 systems.
(c) This IPv6 capable system or product shall have available IPv4
and IPv6 technical support for development, implementation, and
troubleshooting of the system.
(d) This IPv6 capable system or product can be upgraded, or the
vendor will provide an appropriate migration path for industry-required
changes to IPv6 as the technology evolves, at no additional cost to the
Government.
(e) This IPv6 capable system or product must be able to operate on
networks supporting IPv4 & IPv6, as well as networks that support both.
(f) Any system or product whose IPv6 non-compliance is discovered
and made known to the vendor/contractor within 12 months of the start of
performance shall be upgraded, modified, replaced, or brought into
compliance at no additional cost to the Federal Government.
(End of Clause)
2952.224-70 Privacy Breach Notification Requirements.
As prescribed in 2924.103-70, insert the following clause:
Privacy Breach Notification Requirements (APR 2018)
A. Definitions
``Breach'' is defined as the loss of control, compromise,
unauthorized disclosure, unauthorized acquisition, or any similar
occurrence where--
(a) A person other than an authorized user accesses or potentially
accesses Personally Identifiable Information (PII); or
(b) An authorized user accesses or potentially accesses PII for an
unauthorized purpose.
[[Page 21]]
``Information'' is defined as any communication or representation of
knowledge such as facts, data, or opinions in any medium or form,
including textual, numerical, graphic, cartographic, narrative,
electronic, or audiovisual forms (see Office of Management and Budget
(OMB) Circular No. A-130, Managing Federal Information as a Strategic
Resource).
``Information System'' is defined as a discrete set of information
resources organized for the collection, processing, maintenance, use,
sharing, dissemination, or disposition of information (44 U.S.C. 3502).
``Personally Identifiable Information'' is defined as information
that can be used to distinguish or trace an individual's identity,
either alone or when combined with other information that is linked or
linkable to a specific individual (see OMB Circular No. A-130, Managing
Federal Information as a Strategic Resource).
B. Requirements
(a) Contractors and subcontractors that collects or maintains
federal information on behalf of the agency or uses or operates an
information system on behalf of the agency shall comply with federal law
e.g., FISMA 2014, E-Government Act and the Privacy Act. Additionally,
the contractor shall meet OMB directives and National Institute of
Standards and Technology Standards to ensure processing of PII is
adequately managed.
(b) The contractor shall:
(1) Properly encrypt PII in accordance with appropriate laws,
regulations, directives, standards, or guidelines;
(2) Report to DOL any suspected or confirmed breach in any medium or
form, including paper, oral, and electronic within one hour of
discovery;
(3) Cooperate with and exchange information with DOL (contracting
officer and Contracting Officer's Representative) as well as allow for
an inspection, investigation, forensic analysis, as determined necessary
by the DOL, to effectively report and manage a suspected or confirmed
breach;
(4) Maintain capabilities to determine what DOL information was or
could have been compromised and by whom, construct a timeline of user
activity, determine methods and techniques used to access federal
information, and identify the initial attack vector;
(5) Ensure staff who have access to DOL systems or information are
regularly trained to identify and report a security incident. This
includes the completion of any DOL mandatory training for contractors;
(6) Take steps to address security issues that have been identified,
including steps to minimize further security risks to those individuals
whose PII was lost, compromised, or potentially compromised.
(7) Report incidents per DOL incident management policy and US-CERT
notification guidelines.
(c) Remedy:
(1) A report of a breach shall not, by itself, be interpreted as
evidence that the contractor or its subcontractor (at any tier) failed
to provide adequate safeguards for PII. If the contractor is determined
to be at fault for the breach, the contractor may be financially liable
for government costs incurred in the course of breach response and
mitigation efforts;
(2) The contractor shall take steps to address security issues that
have been identified, including steps to minimize further security risks
to those individuals whose PII was lost, compromised, or potentially
compromised. Additionally, the individual or individuals directly
responsible for the data breach shall be removed from the contract
within 45 days of the breach of data; and
(3) The Government reserves the right to exercise all available
contract remedies including, but not limited to, a stop-work order on a
temporary or permanent basis to address a breach or upon discovery of a
contractor's failure to report a breach as required by this clause. If
the contractor is determined to be at fault for a breach, the contractor
shall provide credit monitoring and privacy protection services for one
year to any individual whose private information was accessed or
disclosed. The individual shall be given the option, but the decision is
theirs. Those services will be provided solely at the expense of the
contractor and will not be reimbursed by the Federal Government.
(End of Clause)
2952.232-70 Limitation of Government's Obligation (LoGO).
As prescribed in 2932.703-70, insert the following clause:
Limitation of Government's Obligation (LoGO) (JUL 2014)
(a) Contract line item(s) ($ to be determined at the exercise of
each option) through ($ to be determined at the exercise of each option)
are incrementally funded. For these item(s), the sum of ($ to be
determined at the exercise of each option) of the total price is
presently available for payment and allotted to this contract. An
allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the
contractor agrees to perform up to the point at which the total amount
payable by the Government, including reimbursement in the event of
termination of those item(s) for the Government's convenience,
approximates the total amount
[[Page 22]]
currently allotted to the contract. The contractor is not authorized to
continue work on those item(s) beyond that point. The Government will
not be obligated in any event to reimburse the contractor in excess of
the amount allotted to the contract for those item(s) regardless of
anything to the contrary in the clause entitled ``Termination for
Convenience of the Government.'' As used in this clause, the total
amount payable by the Government in the event of termination of
applicable contract line item(s) for convenience includes costs, profit,
and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in
paragraph (j) of this clause, the contractor will notify the contracting
officer in writing at least thirty days prior to the date when, in the
contractor's best judgment, the work will reach the point at which the
total amount payable by the Government, including any cost for
termination for convenience, will approximate 80 percent of the total
amount presently allotted to the contract for performance of the
applicable item(s). The notification will state (1) the estimated date
when that point will be reached and (2) an estimate of additional
funding, if any, needed to continue performance of applicable line items
up to the next scheduled date for allotment of funds identified in
paragraph (j) of this clause, or to a mutually agreed upon substitute
date. The notification will also advise the contracting officer of the
estimated amount of additional funds that will be required for the
timely performance of the item(s) funded pursuant to this clause, for a
subsequent period as may be specified in the allotment schedule in
paragraph (j) of this clause or otherwise agreed to by the parties. If
after such notification additional funds are not allotted by the date
identified in the contractor's notification, or by an agreed substitute
date, the contracting officer will terminate any item(s) for which
additional funds have not been allotted, pursuant to the clause of this
contract entitled ``Termination for Convenience of the Government.''
(d) When additional funds are allotted for continued performance of
the contract line item(s) identified in paragraph (a) of this clause,
the parties will agree as to the period of contract performance, which
will be covered by the funds. The provisions of paragraphs (b) through
(d) of this clause will apply in like manner to the additional allotted
funds and agreed substitute date, and the contract will be modified
accordingly.
(e) If, solely by reason of failure of the Government to allot
additional funds, by the dates indicated below, in amounts sufficient
for timely performance of the contract line item(s) identified in
paragraph (a) of this clause, the contractor incurs additional costs or
is delayed in the performance of the work under this contract and if
additional funds are allotted, an equitable adjustment will be made in
the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of the item(s), or in the time of delivery, or
both. Failure to agree to any such equitable adjustment hereunder will
be a dispute concerning a question of fact within the meaning of the
clause entitled ``Disputes.'' In no event shall the equitable adjustment
be more than the contract line item(s) price(s) in question.
(f) The Government may at any time prior to termination allot
additional funds for the performance of the contract line item(s)
identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the
rights of the Government under the clause entitled ``Default.'' The
provisions of this clause are limited to the work and allotment of funds
for the contract line item(s) set forth in paragraph (a) of this clause.
This clause no longer applies once the contract is fully funded except
with regard to the rights or obligations of the parties concerning
equitable adjustments negotiated under paragraphs (d) and (e) of this
clause.
(h) Nothing in this clause affects the right of the Government to
terminate this contract pursuant to the clause of this contract entitled
``Termination for Convenience of the Government.''
(i) Nothing in this clause shall be construed as authorization of
voluntary services whose acceptance is otherwise prohibited under 31
U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to
this contract in accordance with the following schedule:
On execution of contract $ __ *
(month) (day), (year) $ __ *
(month) (day), (year) $ __ *
(month) (day), (year) $ __ *
* To be inserted after negotiation.
(End of Clause)
Alternate I (JUL 2014). If only one line item will be incrementally
funded, substitute the following paragraph (a) for paragraph (a) of the
basic clause:
(a) Contract line item __ is incrementally funded. The sum of $ * is
presently available for payment and allotted to this contract. An
allotment schedule is contained in paragraph (j) of this clause.
* To be inserted after negotiation.
2952.232-71 Submission of Invoices.
As prescribed in 2932.908, insert the following clause:
[[Page 23]]
Submission of Invoices (AUG 2019)
(a) Electronic Invoice Submittal
Invoices for the services/goods provided under this award shall be
submitted through the Department of Treasury's Invoice Processing
Platform (IPP) or through the DOL Quickpay email system, as directed by
the Contracting Officer. IPP is a Federal Government owned and operated
website accessible to contractors free of charge. Information about IPP,
including enrollment instructions, are available and should be obtained
by the enrolled contractors directly from the Department of Treasury
after award at https://www.ipp.gov.
(1) The following instructions apply to Invoices submitted through
IPP.Gov or the DOL Quickpay email system:
(i) IPP invoice attachments SHALL NOT exceed the size limit of 10
megabytes (MB) each. However, you may submit multiple attachments of
less than 10MB each with the invoices.
(ii) DO NOT submit an invoice or attachment that uses shading or
color.
(b) An emailed Portable Document Format (PDF) image cannot have any
text that has a background with any color other than white. If the image
has a shaded background, it will be converted to black, and the text
will be illegible.
(c) An emailed Tagged Image File Format (TIFF) image must be black
and white.
(1) Quickpay users SHALL provide a copy of the invoice and any
attachments via email to the Contracting Officer's Representative (COR,
at the address specified in the contract.
(2) Quickpay users SHALL NOT submit more than one attachment per
invoice and the attachment shall not exceed 10MB. Any additional
attachments will not be recognized.
(3) DO NOT submit more than one invoice at a time.
(4) DO NOT attempt to use the ``Recall'' or ``Resend'' email message
features.
(d) Electronic invoices shall be in PDF or TIFF format.
(e) Paper Invoices shall be submitted via fax or U.S. mail Paper
invoices may be sent via fax to: (202) 693-2862. Mail paper invoices to:
U.S. Department of Labor, Office of Financial Management Operations
Division of Client Accounting, Services Room S-5526, 200 Constitution
Avenue NW, Washington, DC 20210.
(f) General Information.
Payment due date is to be calculated from the date the invoice is
received in accordance with FAR 32.905 and the instructions above.
Inquiries regarding invoices must be emailed to
[email protected]. The relevant invoice must be attached to
the inquiry email and the subject line of the email must state
``INQUIRY'', as shown in the following example:
INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order
Number, Invoice Number, Invoice Amount
The contractor SHALL NOT use the DOL electronic invoicing email
address for inquiries about any invoice.
Questions:
All questions regarding Electronic Invoicing shall be sent to the
DOL Office of the Chief Financial Officer (OCFO) at
[email protected].
(End of Clause)
2952.237-70 Emergency Continuation of Essential Services.
As prescribed in 2937.110, insert the following clause:
Emergency Continuation of Essential Services (MAR 2014)
(a) Essential Services. DOL has identified certain services under
this agreement (contract, BPA, BOA, task/delivery order, or other
vehicle, hereinafter ``requirement'') as being essential to the DOL's
missions and operations. Such essential services must continue to be
performed, even if an event occurs (or is threatened to occur) that
would disrupt or interfere with operations at, or with access to,
facilities where services ordinarily take place. Such an event may
include, but is not limited to, emergencies that may be natural (e.g.,
earthquake; flood; hurricane; tornado; public health emergencies,
including pandemic influenza), man-made (e.g., civil unrest, chemical
spill, cyber or terrorist threats or attacks), or technological (e.g.,
building fire, utility outage), and which may affect one or more
facilities or locations, including federal facilities, where the
contractor normally performs services hereunder.
(b) Contingency Plans. Unless already included in the requirement,
within 30 days of the commencement of performance (or the bi-lateral
incorporation of this clause), the contractor shall submit the following
contingency plans to the contracting officer (CO) and the Contracting
Officer's Representative (COR):
(1) A contingency plan to continue performance off-site for a period
of between 1 and 30 days; and
(2) A contingency plan to continue performance off-site for more
than 30 days, until the event described above is resolved.
(3) Such contingency plans will become an obligation of the
contractor under the requirement.
(c) Contents of the Contingency Plans. The contingency plans
referenced in paragraph above shall, at a minimum, address:
[[Page 24]]
(1) How the contractor plans to continue performance of essential
services for the duration of an event, including identifying and
securing suitable off-site workplaces, personnel, and resources;
(2) The contractor's use of off-site facilities, including allowing
its essential personnel to work from an alternative site or other remote
locations to perform essential services;
(3) Alert and notification procedures for mobilizing and
communicating with DOL and with essential personnel, and for
communicating expectations to its personnel regarding their roles and
responsibilities during the event;
(4) A list of telephone numbers and email addresses (with alternates
if available) for all managers currently performing under the
requirement; and
(5) Processes and requirements for the identification, training, and
preparedness of essential personnel who would be capable of relocating
to alternate facilities or performing work from home.
(d) Approval of the Contingency Plans. The CO, in consultation as
appropriate with the COR, shall review both contingency plans within 14
days of receipt, or as agreed, and shall either accept them or advise
the contractor of any reason for disapproval. If either plan is not
accepted by the CO, the contractor shall resubmit a revised plan within
7 days, or as agreed.
(e) Activation of a Contingency Plan. The Agency Head, CO, COR, or
other authorized agency official may activate the contractor's
Contingency Plan by notifying the contractor either orally or in
writing. In the event of an oral instruction, a written confirmation of
the activation will follow shortly after the resumption of normal
activities. Once a contingency plan has been activated, services
hereunder shall continue without delay or interruption, notwithstanding
the ``Excusable Delay'' Clause, or any other provision of the contract
(or requirement if this contract vehicle is BPA, BOA, or similar
vehicle).
(f) Failure to Execute a Plan. In the event the contractor is unable
or unwilling to perform the essential services identified under the
requirement, as determined by DOL in its sole discretion, DOL reserves
the right, in addition to any other right it may have, to use federal
employees or other contract support, either from existing contracts or
new contracts, to continue those critical services. DOL may view the
contractor's failure to implement the Contingency Plan as not performing
a contractual requirement and reserves all rights to seek remedies
associated with any such nonperformance. Any new contracting efforts
would be conducted in accordance with the FAR, OFPP's January 14, 2011
Emergency Acquisition Guide, or any other subsequent emergency guidance
that may be issued.
(End of Clause)
2952.239-70 Section 508 Requirements.
As prescribed in 2939.270, insert the following clause:
Section 508 Requirements (AUG 2024)
A. Definition
The term ``Information and Communication Technology (ICT)'' in this
contract is used as defined at FAR 2.101.
B. Requirements
Section 508 of the Rehabilitation Act, as amended (29 U.S.C. 794d),
applies to federal departments, such as DOL, and the contractors
providing support on behalf of such federal departments. The contractor
is required to provide Section 508 compliant systems and components of
ICT when federal agencies develop, procure, maintain, or use ICT. The
contractor shall ensure that its system and components allow federal
employees and members of the public with disabilities access to, and use
of, information and data that is comparable to the access afforded
federal employees and members of the public without disabilities.
Products, platforms, and services delivered as part of this contract
action that are ICT, or contain ICT, shall conform to the Revised
Section 508 Standards, which are located at 36 CFR part 1194, appendices
A and C.
Please insert the clause(s) below which meet the parameters of the
contract being awarded.
(a) Requirements by service/contract type are as follows:
(1) Custom ICT Development Services: When the contractor provides
custom ICT development services and/or Commercially Available Off-the-
Shelf (COTS) products, pursuant to the requirements, the contractor
shall ensure the ICT fully conforms to the Revised 508 Standards (36 CFR
part 1194, appendices A and C) prior to delivery and before final
Acceptance.
(2) Installation, Configuration, & Integration Services: When the
contractor provides installation, configuration, or integration services
for equipment or software pursuant to the requirement, the contractor
shall not install, configure, or integrate the equipment or software in
a way that reduces the level of conformance with the Revised 508
Standards (36 CFR part 1194, appendices A and C).
(3) Maintenance Upgrades & Replacements: The contractor shall ensure
maintenance upgrades, substitutions, and replacements to equipment and
software pursuant to this award do not reduce the approved level of
[[Page 25]]
conformance with the Revised 508 Standards (36 CFR part 1194, appendices
A and C) at the time of award. Additionally, an updated Accessibility
Conformance Report (ACR) shall be submitted for the ICT, and the ACR
shall be completed according to the instructions provided by the
Information Technology Industry Council (ITI) to be considered for each
option year exercised.
(4) Contractor Processes: The contractor shall ensure that its
processes are at a maturity level at least equivalent to the DHS Trusted
Tester methodology; that its personnel have the knowledge, skills, and
ability necessary to make ICT under this contract conform to the Revised
508 Standards (36 CFR part 1194, appendices A and C); and that it
provides conformant Section 508 supporting documentation upon request.
(5) Hosting Services: The contractor shall not implement hosting
services in a manner that reduces the existing level of conformance of
the electronic content with the Revised 508 Standards (36 CFR part 1194,
appendices A and C), when providing hosting services for electronic
content to the agency. Throughout the life of the award, the agency
reserves the right to perform Independent third-party testing on a
vendor or contractor's hosted solution to verify conformance.
(b) Validation for ICT: The contractor shall test and validate the
ICT for conformance to the Revised 508 Standards (36 CFR part 1194,
appendices A and C), in accordance with the required testing methods and
provide test results to verify conformance of the Voluntary Product
Assessment Template (VPAT).
(1) For web and software, WCAG 2.0 Level A and AA Conformance test
results shall be based on the Accessibility Tests for Software and Web,
Harmonized Testing Process for Section 508 Compliance from the DHS
Trusted Tester program.
(2) For Microsoft Office and PDF documents, WCAG 2.0 Level A, and AA
Conformance test results shall be based on the Harmonized Testing
Guidance from the Accessible Electronic Documents Community of Practice.
(3) For ICT that are not electronic content, the contractor shall
validate conformance to the Revised 508 Standards (36 CFR part 1194,
appendices A and C) using a defined testing process. The contractor
shall describe the test process and provide the testing results to the
agency.
(c) Conformance Reporting: For ICT that are developed, updated, or
configured for the agency, and when product substitutions are offered:
(1) Before Acceptance, the contractor shall provide an Accessibility
Conformance Report (ACR) for the ICT that is developed, updated,
configured for the agency, and when product substitutions are offered.
The ACR should be based on the most recent version of the Voluntary
Product Assessment Template (VPAT) provided by the Information
Technology Industry Council (ITI). An ACR shall be submitted for each
ICT and shall be completed according to the instructions provided by ITI
to be considered for Acceptance.
(2) Before Acceptance, when the contractor is required to perform
testing to validate conformance to the agency's accessibility
requirements, the vendor shall provide a supplemental accessibility
report that contains the following information:
i Accessibility test results based on the required test methods.
ii Documentation of features provided to help achieve accessibility
and usability for people with disabilities.
iii Documentation of core functions that cannot be accessed by
persons with disabilities.
iv Documentation on how to configure and install the ICT to support
accessibility.
v. When ICT is an authoring tool that generates content (including
documents, reports, training, videos, multimedia productions, web
content, etc.), provide information on how the ICT enables the creation
of accessible electronic content that conforms to the Revised 508
Standards (36 CFR part 1194, appendices A and C), including the range of
accessible user interface elements the tool can create.
vi. Before final Acceptance, the contractor shall provide a fully
working demonstration of the completed ICT to demonstrate conformance to
the agency's accessibility requirements. The demonstration shall expose
where such conformance is and is not achieved.
(3) At any time, DOL reserves the right to perform Independent
third-party testing to validate the ICT provided by the contractor,
conforms to the Revised 508 Standards (36 CFR part 1194, appendices A
and C).
(d) Non-Compliance: Before final Acceptance of ICT, including
updates and replacements, DOL shall determine that the furnished ICT is
in compliance with the Revised 508 Standards (36 CFR part 1194,
appendices A and C). If the furnished ICT is determined to be non-
compliant, the contracting officer shall notify the contractor of this
determination, within 15 business days of determination of non-
compliance. The contractor shall, at no cost to DOL, repair or replace
the non-compliant products or services within the period specified by
the contracting officer. The contracting officer makes the final
decision to accept or not accept a contractor's ICT that does not meet
the Revised 508 Standards (36 CFR part 1194, appendices A and C).
[[Page 26]]
(End of Clause)
2952.242-70 Access to Contractor Business Systems.
As prescribed in 2942.101, insert the following clause:
Access to Contractor Business Systems (APR 2019)
The contractor shall, upon request, provide to the Government,
access to covered contractor systems associated with the execution and
performance of this requirement to meet audits, reviews, security
requirements, and Office of Inspector General requests.
(End of Clause)
2952.242-71 DOL Mandatory Training Requirements for Contractor Employees.
As prescribed in 2942.101-70, insert the following clause:
DOL Mandatory Training Requirements for Contractor Employees (AUG 2018)
(a) Where required and applicable, contractor employees, including
employees of subcontractors at any tier, shall complete any DOL
designated and hosted training that the Contracting Officer's
Representative (COR) identifies as mandatory. Training shall be
completed in a timeframe specified by the COR.
(b) Time spent on training shall be counted as regular hours worked.
(c) The contractor shall ensure this clause is incorporated in all
subcontracts, at any tier.
(End of Clause)
2952.243-70 Contractor's Obligation to Notify the Contracting Officer
of a Request to Change the Contract Scope (Contractor's Obligation Clause).
As prescribed in 2943.104-70, insert the following clause:
Contractor's Obligation To Notify the Contracting Officer of a Request
To Change the Contract Scope (Contractor's Obligation Clause) (JAN 2012)
(a) Except for changes identified in writing and signed by the
contracting officer, the contractor is required to notify, within 5
working days of receipt or knowledge, any request for changes to this
contract (including actions, inactions, and written or oral
communications) that the contractor regards as exceeding the scope of
the contract. On the basis of the most accurate information available to
the contractor, the notice shall state:
(1) The date, nature, and circumstances of the conduct regarded as a
change in scope;
(2) The name, function, and activity of each Government employee and
contractor official or employee involved in, or knowledgeable about,
such conduct; and
(3) The identification of any documents and substance of any oral
communication involved in such conduct.
(b) Following submission of this notice, the contractor shall
continue performance in accordance with the contract terms and
conditions, unless notified otherwise by the contracting officer.
(c) The contracting officer shall promptly, within 5 business days
after receipt of notice from the contractor, respond to the notice in
writing. In responding, the contracting officer shall either:
(1) Confirm that the contractor's notice identifies a change in the
scope of the contract and directs the contractor to stop work,
completely or in part, in accordance with the Stop Work provisions of
the contract;
(2) Deny that the contractor's notice identifies a change in scope
and instruct the contractor to continue performance under the contract;
or
(3) In the event the contractor's notice does not provide sufficient
information to make a decision, advise the contractor what additional
information is required, and establish the date by which it should be
furnished and the date thereafter by which the Government will respond.
(End of Clause)
2952.245-70 Contractor Responsibility to Report Theft of Government
Property.
As prescribed in 2945.104-70, insert the following clause:
Contractor Responsibility To Report Theft of Government Property (FEB
2020)
Upon the contractor becoming aware of theft of government property
by its employee(s), including theft that occurs at subcontractor or
alternate site locations, the contractor shall report the theft of
government property to the Contracting Officer's Representative or CO of
record.
(End of Clause)
2952.245-71 Asset Reporting Requirements.
As prescribed in 2945.105-70, insert the following clause:
[[Page 27]]
Asset Reporting Requirements (JUL 2019)
(A) Definitions
``Accountable Property'' is a term to identify property that is
essential to DOL operations for which it is in the best interest of the
Government to assign and record accountability to assure proper use,
maintenance, and disposal. This includes items purchased and obtained
through a ``lease-to-own'' program. The following items are DOL
Accountable Property:
(1) DOL-owned or DOL-leased serialized items (i.e., items with a
manufacturer's serial number) with an acquisition unit cost above
$3,000.
(2) DOL-owned or DOL-leased ``sensitive items.''
(3) DOL-owned or DOL-leased furniture with an acquisition unit cost
above $10,000. Items with an acquisition unit cost less than $10,000 are
not applicable. ``Sensitive Items'' are defined as items, regardless of
value, that have appeal to others and may therefore be subject to theft
or to security concerns, or that are considered mission critical. The
following are considered sensitive items, as well as any other items
identified as sensitive by the Contracting Officer's Representative
(COR):
(1) Desktops and Laptops, including docking stations and connectable
monitors.
(2) PDAs/iPads/SurfacePros/Tablets.
(3) Printers and Copiers.
(4) Software Licenses, including media.
(5) Mobile Devices.
(6) Firearms.
(7) Communication Equipment (e.g. telephone base and handsets,
mobile radio equipment, etc.).
(8) Conference/Audio-Visual Equipment.
(9) Power/Specialty Tools (e.g. lab equipment, postage meters,
etc.).
(B) Requirements
The contractor shall submit a DOL Asset Report at time of delivery
for both Accountable Property and Sensitive Items. The DOL Asset Report
shall be delivered electronically to the COR. DOL Asset Reports shall
include Accountable Property and Sensitive Items that have been
delivered. The report shall be formatted as an Office Open XML
Spreadsheet (.XLSX) document, and adhere to following DOL Asset Report
Requirements:
(a) Award/Purchase Number. The award number issued by the
Government.
(b) Date Shipped. The date the item was shipped to the Government.
(c) Asset Type. The contract Line-Item Description.
(d) Manufacturer. The manufacturer of the item.
(e) Model. The model (name and/or number) of the item.
(f) Serial Number. The serial number of the item.
(g) DOL Asset Number. The number of the barcode applied before
shipping (if barcoding is required by the award).
(h) Government Shipping Street Address. The shipping street address
of where the item was delivered.
(i) Warrantied Item. Indicates whether an item is warrantied (Y or
N).
(j) Warranty Time frame. The start and end date of the warranty (if
applicable).
(k) Cost. Acquisition cost per unit and total cost of purchase.
(End of Clause)
PARTS 2953 2999 [RESERVED]
[[Page 29]]
CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY
ACQUISITION REGULATION (HSAR)
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL
Part Page
3000
[Reserved]
3001 Federal Acquisition Regulations System...... 31
3002 Definitions of words and terms.............. 36
3003 Improper business practices and personal
conflicts of interest................... 40
3004 Administrative matters...................... 42
SUBCHAPTER B--ACQUISITION PLANNING
3005 Publicizing contract actions................ 45
3006 Competition requirements.................... 45
3007 Acquisition planning........................ 47
3008
Required sources of supplies and services [Reserved]
3009 Contractor qualifications................... 48
3010
Market research [Reserved]
3011 Describing agency needs..................... 56
3012 Acquisition of commercial items............. 56
SUBCHAPTER C--CONTRACT METHODS AND CONTRACT TYPES
3013
[Reserved]
3014
Sealed bidding [Reserved]
3015 Contracting by negotiation.................. 57
3016 Types of contracts.......................... 58
3017 Special contracting methods................. 59
3018 Emergency acquisitions...................... 60
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
3019 Small business programs..................... 61
3020-3021
[Reserved]
3022 Application of labor laws to Government
acquisitions............................ 61
[[Page 30]]
3023 Environment, energy and water efficiency,
renewable energy technologies,
occupational safety, and drug-free
workplace............................... 63
3024 Protection of privacy and freedom of
information............................. 64
3025 Foreign acquisition......................... 64
3026
Other socioeconomic programs [Reserved]
3027 Patents, data, and copyrights............... 66
3028 Bonds and insurance......................... 67
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
3029
Taxes [Reserved]
3030 Cost accounting standards administration.... 70
3031 Contract cost principles and procedures..... 70
3032 Contract financing.......................... 70
3033 Protests, disputes, and appeals............. 71
3034 Major system acquisition.................... 72
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
3035 Research and development contracting........ 73
3036 Construction and architect-engineer
contracts............................... 74
3037 Service contracting......................... 74
3038
Federal supply schedule contracting [Reserved]
3039
Acquisition of information technology [Reserved]
3040
[Reserved]
3041
Acquisition of utility services [Reserved]
SUBCHAPTER G--CONTRACT MANAGEMENT
3042 Contract administration and audit services.. 76
3043
Contract modifications [Reserved]
3044
Subcontracting policies and procedures [Reserved]
3046 Quality assurance........................... 76
3047 Transportation.............................. 79
3048
Value engineering [Reserved]
3049 Termination of contracts.................... 79
3050
Extraordinary contractual actions [Reserved]
3051
Use of government sources by contractors [Reserved]
SUBCHAPTER H--CLAUSES AND FORMS
3052 Solicitation provisions and contract clauses 81
3053 Forms....................................... 111
3054-3099
[Reserved]
[[Page 31]]
SUBCHAPTER A_GENERAL
PART 3000 [RESERVED]
PART 3001_FEDERAL ACQUISITION REGULATIONS SYSTEM--Table of Contents
Subpart 3001.1_Purpose, Authority, Issuance
Sec.
3001.101 Purpose.
3001.102 Statement of Guiding Principles for the Federal Acquisition
System.
3001.103 Authority.
3001.104 Applicability.
3001.105 Issuance.
3001.105-1 Publication and code arrangement.
3001.105-2 Arrangement of regulations.
3001.105-3 Copies.
3001.106 OMB Approval under the Paperwork Reduction Act.
Subpart 3001.3_Agency Acquisition Regulations
3001.301 Policy.
3001.301-70 Amendment of HSAR.
3001.301-71 Effective date.
3001.301-72 HSAC or HSAR Notice numbering.
3001.303 Publication and codification.
3001.304 Agency control and compliance procedures.
Subpart 3001.4_Deviations from the FAR
3001.403 Individual deviations.
3001.404 Class deviations.
Subpart 3001.6_Career Development, Contracting Authority, and
Responsibilities
3001.601 General.
3001.602 Contracting Officers.
3001.602-3 Ratification of unauthorized commitments.
3001.603 Selection, appointment, and termination of appointment.
3001.603-1 General.
Subpart 3001.7_Determinations and Findings
3001.704 Content.
Subpart 3001.70_Other Determinations, Waivers, Exceptions, Approvals,
Reviews, and Submittals
3001.7000 Coordination and approval.
3001.7001 Content.
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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3001.1_Purpose, Authority, Issuance
3001.101 Purpose.
The Department of Homeland Security Acquisition Regulation (HSAR)
establishes uniform acquisition policies and procedures, which implement
and supplement the Federal Acquisition Regulation (FAR).
3001.102 Statement of Guiding Principles for the Federal Acquisition System.
(d) The FAR and this supplement are to be interpreted permissively,
if consistent with statutory and regulatory requirements, policy, and
sound professional judgment.
3001.103 Authority.
The HSAR is issued by DHS's Chief Procurement Officer, who is the
Senior Procurement Executive (SPE), see 41 U.S.C. 1702 and DHS
Delegation Number 0702, under authority of 5 U.S.C. 301-302, the Office
of Federal Procurement Policy Act, Pub. L. No. 93-400, 88 Stat. 796
(1974), including sections 22 and 25, 41 U.S.C. 1707, 1302 and 1303, and
(FAR) 48 CFR part 1, subpart 1.3.
[77 FR 50632, Aug. 22, 2012]
3001.104 Applicability.
(a) The following order of precedence applies to resolve any
acquisition regulation or procedural inconsistency found within HSAR or
the Homeland Security Acquisition Manual (HSAM):
(1) Statute;
(2) FAR or other applicable regulation or Executive Order;
(3) HSAR;
(4) Department of Homeland Security (DHS) Directives; and
(5) HSAM.
(b) The Transportation Security Administration (TSA) exception to
this
[[Page 32]]
regulation is authorized by the Aviation and Transportation Security Act
of 2001 (ATSA) (section 101(a) of Public Law 107-71, as implemented at
section 114(o) of title 49) for contracts awarded by TSA pursuant to
this ATSA authority. The Consolidated Appropriations Act of 2008, Public
Law 110-161, Division E, Title V, section 568 eliminates ATSA section
114(o) effective June 23, 2008. Accordingly, TSA acquisitions initiated
after June 22, 2008 are subject to 48 CFR Chapters 1 and 30.
(c) Contracts involving Non-Appropriated Fund Instrumentalities
(NAFIs) must contain suitable dispute provisions and may provide for
appellate dispute jurisdiction in the Civilian Board of Contract Appeals
(CBCA). However, the contract must not attempt to confer court
jurisdiction that does not otherwise exist.
(d) The FAR and HSAR may be followed, where feasible, for:
(1) No-cost contracts;
(2) Concession contracts; and
(3) Contracts on behalf of NAFIs entered into by appropriated fund
contracting officers.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25767, May 2, 2006; 72
FR 1297, Jan. 11, 2007; 73 FR 30318, May 27, 2008]
3001.105 Issuance.
3001.105-1 Publication and code arrangement.
(a) The HSAR is published in:
(1) The Federal Register and
(2) Cumulated form in the Code of Federal Regulations (CFR).
3001.105-2 Arrangement of regulations.
(a) General. The HSAR, which encompasses both Department-wide and
Component-unique guidance, conforms to the arrangement and numbering
system prescribed by (FAR) 48 CFR 1.105-2. Guidance that is unique to a
Component contains the organization's acronym or abbreviation directly
following the title. The following acronyms and abbreviations apply:
DHS Management (MGMT), including the Office of Procurement Operations
(OPO) and the Office of Selective Acquisitions (OSA);
Federal Emergency Management Agency (FEMA);
Federal Law Enforcement Training Center (FLETC);
Transportation Security Administration (TSA);
U.S. Citizenship and Immigration Services (USCIS);
U.S. Coast Guard (USCG);
U.S. Customs and Border Protection (CBP);
U.S. Immigration and Customs Enforcement (ICE); and
U.S. Secret Service (USSS).
[77 FR 50632, Aug. 22, 2012, as amended at 86 FR 17314, Apr. 2, 2021]
3001.105-3 Copies.
Official versions of the HSAR are available in the Code of Federal
Regulations, as supplemented and revised from time to time by the
Federal Register, both of which are available from the Government
Publishing Office in paper form. The HSAR is also available in
electronic form at https://www.ecfr.gov/. The Homeland Security
Acquisition Manual (HSAM), which complements the HSAR, can also be found
at http://www.dhs.gov.
[86 FR 17314, Apr. 2, 2021]
3001.106 OMB Approval under the Paperwork Reduction Act.
(a) The Office of Management and Budget (OMB) has assigned the
following control numbers that must appear on the upper right-hand
corner of the face page of each solicitation, contract, modification,
and order:
OMB Control No. 1600-002 (Contract related forms)
OMB Control No. 1600-005 (Offeror submissions)
OMB Control No. 1600-003 (Contractor submissions)
OMB Control No. 1600-004 (Protests)
OMB Control No. 1601-0023 (Safeguarding of Controlled Unclassified
Information)
(b) OMB regulations and OMB's approval and assignment of control
numbers are conditioned upon not requiring more than three copies
(including the original) of any document of information. OMB has granted
a waiver to permit the Department to require up to eight copies of
proposal packages, including proprietary data, for solicitations,
provided that contractors who
[[Page 33]]
submit only an original and two copies will not be placed at a
disadvantage.
[68 FR 67871, Dec. 4, 2003, as amended at 88 FR 40596, June 21, 2023]
Subpart 3001.3_Agency Acquisition Regulations
3001.301 Policy.
(a)(1) The HSAR is issued for Departmental guidance according to the
policy cited in (FAR) 48 CFR 1.301. The HSAR establishes uniform
Department of Homeland Security policies and procedures for all
acquisition activities within the Department of Homeland Security.
Component supplemental acquisition regulations to be inserted in the
HSAR as a HSAR supplement regulation must be reviewed and approved by
the Chief Procurement Officer (CPO) before the CPO authorizes and
submits the proposed content for publication in the Federal Register
under (FAR) 48 CFR part 1, subparts 1.3 and 1.5.
(2)(i) The CPO is authorized to issue internal agency guidance at
any organizational level. Department-wide procedures are contained in
the HSAM. The HCA may implement internal procedures or supplement the
FAR, HSAR, or HSAM as provided in HSAM 3001.3. The HCA may issue
procedures or delegate this authority to any organizational level deemed
appropriate. Component procedures may be more restrictive or require
higher approval levels than those permitted by the HSAM, unless
otherwise specified.
(ii) Individuals granted authority in the HSAR may delegate that
authority, unless the FAR or HSAR specifically state that the authority
is not delegable.
(b) The Under Secretary of Management established procedures through
Management Directive (MD) 0490.1, entitled Federal Register Notice and
Rules, to ensure that agency acquisition regulations are published for
comment in the Federal Register in conformance with FAR procedures at
(FAR) 48 CFR subpart 1.5.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25767, May 2, 2006; 71
FR 48800, Aug. 22, 2006; 77 FR 50632, Aug. 22, 2012]
3001.301-70 Amendment of HSAR.
(a) Requests for changes to the regulation may be recommended by DHS
personnel, other Government agencies, or the public. Change requests are
to be submitted in the following format to the Department of Homeland
Security, Attn: Office of the Under Secretary of Management, Chief
Procurement Officer, Washington, DC 20528.
(1) Problem: Succinctly state the problem(s) created by current HSAR
requirements or processes and describe the factual or legal reasons for
requesting a regulatory change.
(2) Recommendation: Identify the recommended change by using the
current language and lining through the words to be deleted and
inserting proposed language in brackets. If the change is extensive,
deleted language may be displayed by forming a box with diagonal lines
connecting the corners.
(3) Discussion: Explain why the change is necessary and how the
change will solve the problem. Address any cost or administrative impact
on Government activities, offerors, and contractors. Provide any other
helpful information and documents such as statutes, legal decisions,
regulations, reports, etc.
(4) Point of Contact: Provide a point of contact for answering
questions regarding the recommendation, along with a telephone number,
e-mail or other method of reaching the contact.
(b) The HSAR is maintained by the CPO through the HSAR/HSAM change
process (i.e., input from various Components including representatives
specifically designated to formulate Departmental acquisition policies
and procedures).
(1) Homeland Security Acquisition Circular (HSAC). HSAC (see (HSAR)
48 Chapter 3001.301-72) will be used to amend (HSAR) 48 Chapter 30.
(2) HSAR Notices will be issued (with a specified expiration date)
when interim guidance is necessary under any of the following
circumstances:
(i) To promulgate, as rapidly as possible, selected material in a
general or narrative manner, in advance of a HSAC issuance;
(ii) To disseminate other acquisition related information; or
[[Page 34]]
(iii) To issue guidance that is expected to be effective for a
period of 1 year or less.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25767, May 2, 2006; 71
FR 48800, Aug. 22, 2006; 77 FR 50632, Aug. 22, 2012]
3001.301-71 Effective date.
Unless otherwise stated:
(a) HSAR changes apply to solicitations issued on or after the
effective date of the change;
(b) Contracting officers may, at their discretion, amend
solicitations issued before the effective date to include HSAR changes,
provided award of the resulting contract(s) will occur on or after the
effective date of the change; and
(c) When required by law, contracting officers must modify existing
contracts to include HSAR changes. Otherwise, and where feasible,
contracting officers should consider using the Changes clause or other
suitable authority, to modify existing contracts to include HSAR
changes.
[71 FR 25767, May 2, 2006, as amended at 77 FR 50632, Aug. 22, 2012]
3001.301-72 HSAC or HSAR Notice numbering.
HSACs and HSAR Notices will be numbered consecutively on a fiscal
year basis beginning with number ``01'' prefixed by the last two digits
of the fiscal year (e.g., HSAR Notices 03-01 and 03-02 indicate the
first two HSAR Notices issued in fiscal year 2003).
3001.303 Publication and codification.
(a) The HSAR is issued as chapter 30 of Title 48 of the CFR.
(1) The FAR numbering illustrations at (FAR) 48 CFR 1.105-2 apply to
the HSAR.
(2) Coverage within HSAR 48 CFR chapter 30 is identified by the
prefix ``30'' followed by the complete FAR cite which may extend
downward to the subparagraph level (e.g., (HSAR) 48 CFR 3001.101).
(3) Coverage in HSAR chapter 30 that supplements the FAR will use
part, subpart, section, and subsection numbers ending in ``70'' through
``89''. A series of numbers beginning with ``70'' is used for provisions
and clauses (e.g., (HSAR) 48 CFR 3001.301-70).
(4) Coverage in HSAR 48 CFR chapter 30, other than that identified
with a ``70'' or higher number, which implements the FAR uses the
identical number sequence and caption of the FAR segment being
implemented which may extend downward to the subparagraph level.
Subparagraph numbers/letters may not be shown as sequential, but may be
shown by the specific paragraph/subparagraph implemented from the FAR
(e.g., (HSAR) 48 CFR 3003.301 contains subparagraphs (a) and (b) because
only these subparagraphs, correlating to FAR, are being supplemented by
(HSAR) 48 CFR chapter 30).
(5) Component-unique guidance. Supplementary material for which
there is no counterpart in the FAR or HSAR shall be identified using
chapter, part, subpart, section, or subsection numbers of ``90'' and up
(e.g., the U.S. Coast Guard's acronym is ``USCG''; an USCG-unique clause
pertaining to ``Inspection and/or Acceptance'' would be designated
``USCG 3052.246-90'').
(6) References and citations. Cross references to the FAR in the
HSAR will be cited by ``FAR'' followed by the FAR numbered cite, and
cross reference to the HSAM in the HSAR will be cited by ``HSAM''
followed by the HSAM numbered cite.
(7) Department/agency and Component supplements must parallel the
FAR and HSAR numbering, except department/agency supplemental numbering
uses subsection numbering of 90 and up, instead of 70 and up.
Table 1-1--HSAR Numbering
------------------------------------------------------------------------
FAR Is implemented as Is supplemented as
------------------------------------------------------------------------
19........................... 3019 3019.70
19.5......................... 3019.5 3019.570
19.501....................... 3019.501 3019.501-70
19.501-1..................... 3019.501-1 3019.501-170
------------------------------------------------------------------------
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 48800, Aug. 22, 2006; 77
FR 50632, Aug. 22, 2012]
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
[[Page 35]]
(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.
[86 FR 17314, Apr. 2, 2021]
Subpart 3001.4_Deviations from the FAR and HSAR
3001.403 Individual deviations.
Unless precluded by law, executive order, or other regulation, the
HCA is authorized to approve individual deviation (except with respect
to (FAR) 48 CFR 30.201-3, 30.201-4; the requirements of the Cost
Accounting Standards board rules and regulations at 48 CFR chapter 99
(FAR appendix); and part 50). Submit requests per (HSAR) 48 CFR
3001.7000, including complete documentation of the justification for the
deviations (See HSAM 3001.403).
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 48801, Aug. 22, 2006; 77
FR 50632, Aug. 22, 2012]
3001.404 Class deviations.
(a) Unless precluded by law, executive order, or other regulation,
the CPO is authorized to approve FAR class deviations, except (FAR) 48
CFR 30.201-3, and 30.201-4 (the requirements of the Cost Accounting
Standards Board); 48 CFR chapter 99 (FAR appendix); and part 50. Prior
to authorizing a FAR class deviation, the CPO shall consult with the
chairperson of the Civilian Agency Acquisition Council (CAA Council),
unless the CPO determines that urgency precludes such consultation. FAR
class deviation requests shall be submitted to the CPO per (HSAR) 48 CFR
subpart 3001.70 including complete documentation of the justification
for the deviation, and the estimated number and type of contract actions
affected. The CPO will transmit a copy of each approved FAR deviation to
the FAR Secretariat.
[71 FR 25767, May 2, 2006]
Subpart 3001.6_Career Development, Contracting Authority, and
Responsibilities
3001.601 General.
DHS Delegation Number 0200.1, Delegation to the Directorate of
Management, delegates authority from the Secretary to the Under
Secretary of Management to manage the acquisition function. DHS
Delegation 0700, Delegation to the Chief Procurement Officer for
Acquisition and Financial Assistance Management, delegates this
authority from the Under Secretary of Management to the Chief
Procurement Officer.
3001.602 Contracting officers.
3001.602-3 Ratification of unauthorized commitments.
DHS policy requires that acquisitions be made only by Government
officials having authority to enter into such acquisitions. Acquisitions
made by other than authorized personnel are contrary to Departmental
policy and may be considered matters of serious misconduct on the part
of an employee making an unauthorized commitment, and may result in
disciplinary action
[[Page 36]]
being taken against an employee who makes an unauthorized commitment.
[68 FR 67871, Dec. 4, 2003, as amended at 77 FR 50633, Aug. 22, 2012]
3001.603 Selection, appointment, and termination of appointment.
3001.603-1 General.
Under DHS Delegations, the Heads of the Contracting Activity (HCA),
with authority to redelegate no lower than the Chief of the Contracting
Office (COCO), are authorized to select and appoint contracting officers
and terminate their appointment.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25767, May 2, 2006]
Subpart 3001.7_Determinations and Findings
3001.704 Content.
The following format shall be used for all determinations and
findings (D&Fs), unless otherwise specified in the FAR or the HSAR. The
contracting officer is responsible for preparing D&Fs, and requirements
and technical personnel are responsible for the accuracy and adequacy of
the supporting factual information, which shall be furnished to the
contracting officer.
Insert specific information indicated in brackets.
Determination and Findings
Under [insert citation for appropriate statutory and/or regulatory
basis for D&F], the Department of Homeland Security, [insert contracting
activity], is granted authority to [insert nature and/or description of
the action being approved].
Findings
[Findings that detail the particular circumstances, facts, or
reasoning essential to support the determination.]
Determination
[A determination, based on the findings, that the proposed action is
justified under the applicable statute or regulation.] [Expiration date
of the D&F, if required.]
[Signature of authorized official]
Name and Title
[month, day, and year]
Date
Subpart 3001.70_Other Determinations, Waivers, Exceptions, Approvals,
Reviews, and Submittals
3001.7000 Coordination and approval.
Documents requiring CPO approval. Requests shall be prepared in
writing by the contracting officer and submitted through the HCA to the
CPO for approval.
3001.7001 Content.
The general format at (HSAR) 48 CFR 3001.704 shall be used to
provide a justification to support the requested determination, waiver,
exception or approval.
PART 3002_DEFINITIONS OF WORDS AND TERMS--Table of Contents
Subpart 3002.1_Definitions
Sec.
3002.101 Definitions.
Subpart 3002.2_Abbreviations
3002.270 Abbreviations.
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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3002.1_Definitions
3002.101 Definitions.
Adequate security means security protections commensurate with the
risk resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of information. This includes
ensuring that information hosted on behalf of an agency and information
systems and applications used by the agency operate effectively and
provide appropriate confidentiality, integrity, and availability
protections through the application of cost-effective security controls.
Chief Information Officer (CIO) means the Director of the Office of
the CIO.
Chief of the Contracting Office (COCO) means the individual(s)
responsible for managing the contracting office(s) within a Component.
[[Page 37]]
Chief Procurement Officer (CPO) means the Senior Procurement
Executive (SPE).
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).
Contracting activity includes all the contracting offices within a
Component and is the same as the term ``procuring activity.''
Contracting officer means an individual authorized by virtue of
position or by appointment to perform the functions assigned by the
Federal Acquisition Regulation and the Homeland Security Acquisition
Regulation.
Controlled unclassified information (CUI) is any information the
Government creates or possesses, or an entity creates or possesses for
or on behalf of the Government (other than classified information) that
a law, regulation, or Governmentwide policy requires or permits an
agency to handle using safeguarding or dissemination controls. This
definition includes the following CUI categories and subcategories of
information:
(1) Chemical-terrorism Vulnerability Information (CVI) as defined in
6 CFR part 27, ``Chemical Facility Anti-Terrorism Standards,'' and as
further described in supplementary guidance issued by an authorized
official of the Department of Homeland Security (including the Revised
Procedural Manual ``Safeguarding Information Designated as Chemical-
Terrorism Vulnerability Information'' dated September 2008);
(2) Protected Critical Infrastructure Information (PCII) as set out
in the Critical Infrastructure Information Act of 2002 (title XXII,
subtitle B of the Homeland Security Act of 2002 as amended through Pub.
L. 116-283), PCII's implementing regulations (6 CFR part 29), the PCII
Program Procedures Manual, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland
Security, the PCII Program Manager, or a PCII Program Manager Designee;
(3) Sensitive Security Information (SSI) as defined in 49 CFR part
1520, ``Protection of Sensitive Security Information,'' as amended, and
any supplementary guidance officially communicated by an authorized
official of the Department of Homeland Security (including the Assistant
Secretary for the Transportation Security Administration or designee),
including Department of Homeland Security MD 11056.1, ``Sensitive
Security Information (SSI)'' and, within the Transportation Security
Administration, TSA MD 2810.1, ``SSI Program'';
(4) Homeland Security Agreement Information means information the
Department of Homeland Security receives pursuant to an agreement with
State, local, Tribal, territorial, or private sector partners that is
required to be protected by that agreement. The Department receives this
information in furtherance of the missions of the Department, including,
but not limited to, support of the Fusion Center Initiative and
activities for cyber information sharing consistent with the
Cybersecurity Information Sharing Act of 2015;
(5) Homeland Security Enforcement Information means unclassified
information of a sensitive nature lawfully created, possessed, or
transmitted by the Department of Homeland Security in furtherance of its
immigration, customs, and other civil and criminal enforcement missions,
the unauthorized disclosure of which could adversely impact the mission
of the Department;
(6) International Agreement Information means information the
Department of Homeland Security receives that is required to be
protected by an information sharing agreement or arrangement with a
foreign government, an international organization of governments or any
element thereof, an
[[Page 38]]
international or foreign public or judicial body, or an international or
foreign private or non-governmental organization;
(7) Information Systems Vulnerability Information (ISVI) means:
(i) Department of Homeland Security information technology (IT)
systems data revealing infrastructure used for servers, desktops, and
networks; applications name, version, and release; switching, router,
and gateway information; interconnections and access methods; and
mission or business use/need. Examples of ISVI are systems inventories
and enterprise architecture models. Information pertaining to national
security systems and eligible for classification under Executive Order
13526 will be classified as appropriate; and/or
(ii) Information regarding developing or current technology, the
release of which could hinder the objectives of the Department,
compromise a technological advantage or countermeasure, cause a denial
of service, or provide an adversary with sufficient information to
clone, counterfeit, or circumvent a process or system;
(8) Operations Security Information means Department of Homeland
Security information that could be collected, analyzed, and exploited by
a foreign adversary to identify intentions, capabilities, operations,
and vulnerabilities that threaten operational security for the missions
of the Department;
(9) Personnel Security Information means information that could
result in physical risk to Department of Homeland Security personnel or
other individuals whom the Department is responsible for protecting;
(10) Physical Security Information means reviews or reports
illustrating or disclosing facility infrastructure or security
vulnerabilities related to the protection of Federal buildings, grounds,
or property. For example, threat assessments, system security plans,
contingency plans, risk management plans, business impact analysis
studies, and certification and accreditation documentation;
(11) Privacy Information includes both Personally Identifiable
Information (PII) and Sensitive Personally Identifiable Information
(SPII). PII refers to information that can be used to distinguish or
trace an individual's identity, either alone or when combined with other
information that is linked or linkable to a specific individual; and
SPII is a subset of PII that if lost, compromised, or disclosed without
authorization could result in substantial harm, embarrassment,
inconvenience, or unfairness to an individual. To determine whether
information is PII, DHS will perform an assessment of the specific risk
that an individual can be identified using the information with other
information that is linked or linkable to the individual. In performing
this assessment, it is important to recognize that information that is
not PII can become PII whenever additional information becomes
available, in any medium or from any source, that would make it possible
to identify an individual. Certain data elements are particularly
sensitive and may alone present an increased risk of harm to the
individual.
(i) Examples of stand-alone PII that are particularly sensitive
include: Social Security numbers (SSNs), driver's license or State
identification numbers, Alien Registration Numbers (A-numbers),
financial account numbers, and biometric identifiers.
(ii) Multiple pieces of information may present an increased risk of
harm to the individual when combined, posing an increased risk of harm
to the individual. SPII may also consist of any grouping of information
that contains an individual's name or other unique identifier plus one
or more of the following elements:
(A) Truncated SSN (such as last 4 digits);
(B) Date of birth (month, day, and year);
(C) Citizenship or immigration status;
(D) Ethnic or religious affiliation;
(E) Sexual orientation;
(F) Criminal history;
(G) Medical information; and
(H) System authentication information, such as mother's birth name,
account passwords, or personal identification numbers (PINs).
[[Page 39]]
(iii) Other PII that may present an increased risk of harm to the
individual depending on its context, such as a list of employees and
their performance ratings or an unlisted home address or phone number.
The context includes the purpose for which the PII was collected,
maintained, and used. This assessment is critical because the same
information in different contexts can reveal additional information
about the impacted individual.
Federal information means information created, collected, processed,
maintained, disseminated, disclosed, or disposed of by or for the
Federal Government, in any medium or form.
Federal information system means an information system used or
operated by an agency or by a contractor of an agency or by another
organization on behalf of an agency.
Handling means any use of controlled unclassified information,
including but not limited to marking, safeguarding, transporting,
disseminating, re-using, and disposing of the information.
Head of the Agency means the Secretary of the Department of Homeland
Security, or, by delegation, the Under Secretary of Management.
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).
Information resources means information and related resources, such
as personnel, equipment, funds, and information technology.
Information security means protecting information and information
systems from unauthorized access, use, disclosure, disruption,
modification, or destruction in order to provide--
(1) Integrity, which means guarding against improper information
modification or destruction, and includes ensuring information
nonrepudiation and authenticity;
(2) Confidentiality, which means preserving authorized restrictions
on access and disclosure, including means for protecting personal
privacy and proprietary information; and
(3) Availability, which means ensuring timely and reliable access to
and use of information.
Information system means a discrete set of information resources
organized for the collection, processing, maintenance, use, sharing,
dissemination, or disposition of information.
Legal counsel means the Department of Homeland Security Office of
the General Counsel, which includes Component offices providing legal
services to the contracting organization.
Legal review means review by legal counsel.
Major system means, for DHS, that combination of elements that will
function together to produce the capabilities required to fulfill a
mission need, including hardware, equipment, software, or any
combination thereof, but excluding construction or other improvements to
real property. A DHS major system is one where the total lifecycle costs
for the system are estimated to equal or exceed $300M (in constant 2009
dollars), or if the Deputy Secretary has designated a program or project
as a major system. This corresponds to a DHS Level 1 or 2 capital
investment acquisition.
Micro-purchase threshold is defined as in (FAR) 48 CFR 2.101, except
when (HSAR) 48 CFR 3013.7003(a) applies.
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
[[Page 40]]
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.
Sensitive Information, as used in this Chapter, means any
information which if lost, misused, disclosed, or, without
authorization, is accessed or modified, could adversely affect the
national or homeland security interest, the conduct of Federal programs,
or the privacy to which individuals are entitled under 5 U.S.C. 552a
(the Privacy Act), but which has not been specifically authorized under
criteria established by an Executive Order or an Act of Congress to be
kept secret in the interest of national defense, homeland security or
foreign policy. This definition includes the following categories of
information:
(1) Protected Critical Infrastructure Information (PCII) as set out
in the Critical Infrastructure Information Act of 2002 (Title II,
Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat.
2135), as amended, the implementing regulations thereto (6 CFR part 29)
as amended, the applicable PCII Procedures Manual, as amended, and any
supplementary guidance officially communicated by an authorized official
of the Department of Homeland Security (including the PCII Program
Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in 49 CFR part
1520, as amended, ``Policies and Procedures of Safeguarding and Control
of SSI,'' as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland
Security (including the Assistant Secretary for the Transportation
Security Administration or his/her designee);
(3) Information designated as ``For Official Use Only,'' which is
unclassified information of a sensitive nature and the unauthorized
disclosure of which could adversely impact a person's privacy or
welfare, the conduct of Federal programs, or other programs or
operations essential to the national or homeland security interest; and
(4) Any information that is designated ``sensitive'' or subject to
other controls, safeguards or protections in accordance with
subsequently adopted homeland security information handling procedures.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25767, May 2, 2006; 71
FR 48801, Aug. 22, 2006; 72 FR 1297, Jan. 11, 2007; 73 FR 30318, May 27,
2008; 75 FR 41099, July 15, 2010; 77 FR 50633, Aug. 22, 2012;
86 FR 17314, Apr. 2, 2021; 88 FR 40596, June 21, 2023]
Subpart 3002.2_Abbreviations
3002.270 Abbreviations.
CBCA Civilian Board of Contract Appeals
CFO Chief Financial Officer
CIO Chief Information Officer
COCO Chief of the Contracting Office
COR Contracting Officer's Representative
CPO Chief Procurement Officer
D&F Determination and Findings
FOIA Freedom of Information Act
HCA Head of the Contracting Activity
J&A Justification and Approval for Other than Full and Open Competition
MD Management Directive
OCPO Office of the Chief Procurement Officer
OIG Office of the Inspector General
OSDBU Office of Small and Disadvantaged Business Utilization
PCR SBA's Procurement Center Representative
RFP Request for Proposal
SBA Small Business Administration
SBS Small Business Specialist
SPE Senior Procurement Executive
[72 FR 1297, Jan. 11, 2007, as amended at 77 FR 50633, Aug. 22, 2012; 86
FR 17314, Apr. 2, 2021]
PART 3003_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST-
-Table of Contents
Subpart 3003.1_Safeguards
Sec.
3003.101 Standards of conduct.
3003.101-3 Agency regulations.
Subpart 3003.2_Contractor Gratuities to Government Personnel
3003.203 Reporting suspected violations of the Gratuities clause.
3003.204 Treatment of violations.
[[Page 41]]
Subpart 3003.3_Reports Of Suspected Antitrust Violations
3003.301 General.
Subpart 3003.4_Contingent Fees
3003.405 Misrepresentations or violations of the Covenant Against
Contingent Fees.
Subpart 3003.5_Other Improper Business Practices
3003.502 Subcontractor kickbacks.
3003.502-2 Subcontractor kickbacks.
Subpart 3003.9_Whistleblower Protections for Contractor Employees
3003.901 Definitions.
Subpart 3003.10_Contractor Code of Business Ethics and Conduct
3003.1003 Requirements.
3003.1004 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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3003.1_Safeguards
3003.101 Standards of conduct.
3003.101-3 Agency regulations.
The United States Office of Government Ethics has promulgated
regulations applicable to the entire Executive Branch that address the
conduct matters referenced in (FAR) 48 CFR 3.101-3. See 5 CFR vol. 3,
ch. XVI, subch. B. The Department of Homeland Security has also issued a
supplemental ethics regulation at 5 CFR part 4601 and Management
Directive 0480.1, Ethics/Standards of Conduct.
[77 FR 50633, Aug. 22, 2012, as amended at 86 FR 17314, Apr. 2, 2021]
Subpart 3003.2_Contractor Gratuities to Government Personnel
3003.203 Reporting suspected violations of the Gratuities clause.
(a) Suspected violations shall be reported to the contracting
officer responsible for the acquisition (or the COCO if the contracting
officer is suspected of the violation). The contracting officer (or the
COCO) shall obtain from the person reporting the violation, and any
witnesses to the violation, the following information:
(1) The date, time, and place of the suspected violation;
(2) The name and title (if known) of the individual(s) involved in
the violation; and
(3) The details of the violation (e.g., the gratuity offered or
intended) to obtain a contract or favorable treatment under a contract.
(4) The person reporting the violation and witnesses (if any) shall
be requested to sign and date the information certifying that the
information furnished is true and correct.
(b) The contracting officer shall submit the report to the COCO
(unless the alleged violation was directly reported to the COCO) and the
Head of the Contracting Activity (HCA) for further action. The COCO and
HCA will determine, with the advice of the Component legal counsel,
whether the case warrants submission to the OIG, or other investigatory
organization.
[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 25768, May 2, 2006; 71
FR 48801, Aug. 22, 2006]
3003.204 Treatment of violations.
(a) The HCA is the official designated to make the determination
under (FAR) 48 CFR 3.204(a) whether a gratuities violation has occurred.
If the HCA has been personally and substantially involved in the
specific procurement, the advice of legal counsel should be sought to
determine whether the CPO should designate an alternate decision maker.
(b) The HCA shall ensure that the hearing procedures required by
(FAR) 48 CFR 3.204(b) are afforded to the contractor. Legal counsel
shall be consulted regarding the appropriateness of the hearing
procedures that are established.
(c) If the HCA determines that the alleged gratuities violation
occurred the HCA shall consult with legal counsel regarding appropriate
action and notify the Office of Inspector General.
[77 FR 50633, Aug. 22, 2012]
[[Page 42]]
Subpart 3003.3_Reports Of Suspected Antitrust Violations
3003.301 General.
(b) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for
suspected antitrust violations, except reports of suspected antitrust
violations shall be coordinated with legal counsel for referral to the
Department of Justice, if deemed appropriate.
Subpart 3003.4_Contingent Fees
3003.405 Misrepresentations or violations of the Covenant Against
Contingent Fees.
(a) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for
misrepresentation or violations of the covenant against contingent fees.
(b)(4) The procedures at (HSAR) 48 CFR 3003.203 shall be followed
for misrepresentation or violations of the covenant against contingent
fees, except reports of misrepresentation or violations of the covenant
against contingent fees shall be coordinated with legal counsel for
referral to the Department of Justice, if deemed appropriate.
Subpart 3003.5_Other Improper Business Practices
3003.502 Subcontractor kickbacks.
3003.502-2 Subcontractor kickbacks.
(g) The DHS OIG shall receive the prime contractor or subcontractors
written report.
Subpart 3003.9_Whistleblower Protections for Contractor Employees
3003.901 Definitions.
Authorized official of an agency means the Department of Homeland
Security's CPO.
Subpart 3003.10_Contractor Code of Business Ethics and Conduct
Source: 77 FR 50633, Aug. 22, 2012, unless otherwise noted.
3003.1003 Requirements.
(a) Contractor requirements. Contractors making written disclosures
under the clause at (FAR) 48 CFR 52.203-13 must use the electronic
Contractor Disclosure Form at http://www.oig.dhs.gov or https://
www.oig.dhs.gov/reports/publications/annual/contractor-disclosure.
Contractors making disclosures under contracts which do not contain the
clause at (FAR) 48 CFR 52.203-13 are encouraged to also use this
electronic form.
[77 FR 50633, Aug. 22, 2012, as amended at 86 FR 17315, Apr. 2, 2021]
3003.1004 Contract clauses.
(a) The contracting officer shall insert the clause at (HSAR) 48 CFR
3052.203-70, Instructions for Contractor Disclosure of Violations, in
solicitations and contracts containing the clause at (FAR) 48 CFR
52.203-13.
PART 3004_ADMINISTRATIVE MATTERS--Table of Contents
Subpart 3004.1_Contract Execution
Sec.
3004.103 Contract clause.
Subpart 3004.4_Safeguarding Classified and Controlled Unclassified
Information Within Industry
3004.470 Security requirements for access to unclassified facilities,
information resources, and controlled unclassified
information.
3004.470-1 Scope.
3004.470-2 Definitions.
3004.470-3 Policy.
3004.470-4 Contract clauses.
Subpart 3004.8_Government Contract Files
3004.804 Closeout of contract files.
3004.804-5 Procedures for closing out contract files.
3004.804-570 Supporting closeout documents.
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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
[[Page 43]]
Subpart 3004.1_Contract Execution
3004.103 Contract clause.
Insert the clause at (FAR) 48 CFR 52.204-1, Approval of Contract, in
each solicitation where approval to award the resulting contract is
required above the contracting officer level.
Subpart 3004.4_Safeguarding Classified and Controlled Unclassified
Information Within Industry
Source: 88 FR 40597, June 21, 2023, unless otherwise noted.
3004.470 Security requirements for access to unclassified facilities,
information resources, and controlled unclassified information.
3004.470-1 Scope.
This section implements DHS policies for assuring adequate security
of unclassified facilities, information resources, and controlled
unclassified information (CUI) during the acquisition lifecycle.
3004.470-2 Definitions.
As used in this subpart--
Incident means an occurrence that--
(1) Actually or imminently jeopardizes, without lawful authority,
the integrity, confidentiality, or availability of information or an
information system; or
(2) Constitutes a violation or imminent threat of violation of law,
security policies, security procedures, or acceptable use policies.
3004.470-3 Policy.
(a) DHS requires that CUI be safeguarded when it resides on DHS-
owned and operated information systems, DHS-owned and contractor-
operated information systems, contractor-owned and/or operated
information systems operating on behalf of the Department, and any
situation where contractor and/or subcontractor employees may have
access to CUI because of their relationship with DHS. There are several
Department policies and procedures (accessible at https://www.dhs.gov/
dhs-security- and-training-requirements-contractors) that also address
the safeguarding of CUI. Compliance with these policies and procedures,
as amended, is required.
(b) DHS requires contractor employees that require recurring access
to government facilities or access to CUI to complete such forms as may
be necessary for security or other reasons, including the conduct of
background investigations to determine fitness. Department policies and
procedures that address contractor employee fitness are contained in
Instruction Handbook Number 121-01-007, The Department of Homeland
Security Personnel Suitability and Security Program. Compliance with
these policies and procedures, as amended, is required.
3004.470-4 Contract clauses.
(a) Contracting officers shall insert the basic clause at (HSAR) 48
CFR 3052.204-71, Contractor Employee Access, in solicitations and
contracts when contractor and/or subcontractor employees require
recurring access to government facilities or access to CUI. Contracting
officers shall insert the basic clause with its Alternate I for
acquisitions requiring contractor access to government information
resources. For acquisitions in which contractor and/or subcontractor
employees will not have access to government information resources, but
the department has determined contractor and/or subcontractor employee
access to CUI or government facilities must be limited to U.S. citizens
and lawful permanent residents, the contracting officer shall insert the
clause with its Alternate II. Neither the basic clause nor its
alternates shall be used unless contractor and/or subcontractor
employees will require recurring access to government facilities or
access to CUI. Neither the basic clause nor its alternates should
ordinarily be used in contracts with educational institutions.
(b)(1) Contracting officers shall insert the clause at (HSAR) 48 CFR
3052.204-72, Safeguarding of Controlled Unclassified Information, in
solicitations and contracts where:
(i) Contractor and/or subcontractor employees will have access to
CUI; or
[[Page 44]]
(ii) CUI will be collected or maintained on behalf of the agency.
(2) Contracting officers shall insert the basic clause with its
alternate when Federal information systems, which include contractor
information systems operated on behalf of the agency, are used to
collect, process, store, or transmit CUI.
(c) Contracting officers shall insert the clause at (HSAR) 48 CFR
3052.204-73, Notification and Credit Monitoring Requirements for
Personally Identifiable Information Incidents, in solicitations and
contracts where contractor and/or subcontractor employees have access to
PII.
Subpart 3004.8_Government Contract Files
3004.804 Closeout of contract files.
3004.804-5 Procedures for closing out contract files.
3004.804-570 Supporting closeout documents.
(a) When applicable and prior to contract closure, the contracting
officer shall obtain the listed DHS and Department of Defense (DOD)
forms from the contractor for closeout.
(1) DHS Form 700-3, Contractor's Release (e.g., see (FAR) 48 CFR
52.216-7);
(2) DHS Form 700-2, Contractor's Assignment of Refunds, Rebates,
Credits and Other amounts (e.g., see (FAR) 48 CFR 52.216-7);
(3) DHS Form 700-1, Cumulative Claim and Reconciliation Statement
(e.g., see (FAR) 48 CFR 4.804-5(a)(13)); and
(4) DD Form 882, Report of Inventions and Subcontracts (e.g., see
(FAR) 48 CFR 52.227-14).
(b) The forms listed in this section (see (HSAR) 48 CFR part 3053)
are used primarily for the closeout of cost-reimbursement, time-and-
materials, and labor-hour contracts. The forms may also be used for
closeout of other contract types to protect the Government's interest.
[71 FR 25768, May 2, 2006, as amended at 77 FR 50634, Aug. 22, 2012]
[[Page 45]]
SUBCHAPTER B_ACQUISITION PLANNING
PART 3005_PUBLICIZING CONTRACT ACTIONS--Table of Contents
Subpart 3005.4_Release of Information
Sec.
3005.402 General public.
3005.470 Contractor award announcements, advertisements, and releases.
3005.470-1 Policy.
3005.470-2 Contract clauses.
Subpart 3005.90_Publicizing Contract Actions for Personal Services
Contracting
3005.9000 Applicability (USCG).
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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3005.4_Release of Information
3005.402 General public.
Requests for other specific records information shall be processed
according to the DHS Freedom of Information Act rules and regulations
(HSAR) 48 CFR 3024.203.
3005.470 Contractor award announcements, advertisements, and releases.
3005.470-1 Policy.
(a) DHS policy requires its contracting officers to restrict DHS
contractors from referring to its DHS contract(s) in commercial
advertising in a manner that states or implies the Government approves
or endorses the contractor's products or services or considers them
superior to other products or services. The intent of this policy is to
prevent the appearance of Government bias toward any product or service.
(b) The Department's contractors share the responsibility for
protecting sensitive and classified information related to efforts under
their contracts. For any contract that involves sensitive or classified
information, prior to the release of any contract award announcement,
advertisement, or other release of information pertaining to the
contract, the contractor must obtain the approval of the responsible
contracting officer.
[77 FR 50634, Aug. 22, 2012]
3005.470-2 Contract clauses.
(a) Insert the clause at (HSAR) 48 CFR 3052.205-70, Advertisements,
Publicizing Awards, and Releases, in all solicitations and contracts
that exceed the simplified acquisition threshold.
(b) Except for research contracts with educational institutions, if
the contract involves sensitive or classified information, use the
clause with its Alternate I. For research contracts with educational
institutions, see (HSAR) 48 CFR 3035.70-2(b).
[77 FR 50634, Aug. 22, 2012]
Subpart 3005.90_Publicizing Contract Actions for Personal Services
Contracting
3005.9000 Applicability (USCG).
Contracts awarded by the U.S. Coast Guard using the procedures in
(HSAR) 48 CFR 3037.104-91 are expressly authorized for the Coast Guard
under 10 U.S.C. 1091, and are exempt from (FAR) 48 CFR part 5.
[71 FR 25768, May 2, 2006, as amended at 86 FR 17315, Apr. 2, 2021]
PART 3006_COMPETITION REQUIREMENTS--Table of Contents
Subpart 3006.1_Full and Open Competition
Sec.
3006.101 Policy.
3006.101-70 Definitions.
Subpart 3006.2_Full and Open Competition After Exclusion of Sources
3006.202 Establishing or maintaining alternative sources.
Subpart 3006.3_Other Than Full and Open Competition
3006.302 Circumstances permitting other than full and open competition.
[[Page 46]]
3006.302-1 Only one responsible source and no other supplies or services
will satisfy agency requirements.
3006.302-270 Unusual and compelling urgency.
3006.302-7 Public interest.
3006.303 Justifications.
3006.303-270 Content.
3006.304 Approval of justification.
3006.304-70 DHS Approval of justification.
Subpart 3006.5_Competition Advocates
3006.501 Requirement.
Subpart 3006.90_Competition Requirements for Personal Services
Contracting
3006.9000 Applicability (USCG).
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.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3006.1_Full and Open Competition
3006.101 Policy.
3006.101-70 Definitions.
As used in this part:
Agency competition advocate means an individual designated by the
Chief Procurement Officer (CPO) to perform, at a minimum, the functions
under (FAR) 48 CFR 6.502(b) and is synonymous with ``Departmental
Competition Advocate'' and ``Senior Competition Advocate (SCA).''
Competition advocate for the procuring activity means the individual
who has been designated by the Component to approve Justifications and
Approvals (J & A) for other than full and open competition as permitted
by the (FAR) 48 CFR 6.304 and to perform the duties and responsibilities
assigned under (FAR) 48 CFR 6.502. This term is synonymous with
``procuring activity competition advocate.''
[71 FR 25769, May 2, 2006, as amended at 71 FR 48801, Aug. 22, 2006]
Subpart 3006.2_Full and Open Competition After Exclusion of Sources
3006.202 Establishing or maintaining alternative sources.
(b)(1) The HCA is delegated authority to approve a D&F in support of
a contract action award under the authority of (FAR) 48 CFR 6.202(a).
Submit D&F in the format per (HSAR) 48 CFR 3001.704.
Subpart 3006.3_Other Than Full and Open Competition
3006.302 Circumstances permitting other than full and open competition.
3006.302-1 Only one responsible source and no other supplies or services
will satisfy agency requirements.
(b)(4) The contracting officer may rely on this exception in the
case where only one source is available to provide additional units or
replacement items under a specific make and model requirement, but only
where the CPO has determined in accordance with the agency's
standardization program that only the specific make(s) and model(s) will
satisfy the agency's needs.
[77 FR 50634, Aug. 22, 2012]
3006.302-270 Unusual and compelling urgency.
(d)(1)(iii) For contract awards to facilitate the response to or
recovery from a natural disaster, act of terrorism, or other man-made
disaster, that relies on this exception, the period of performance shall
be limited to the minimum period necessary to meet the urgent and
compelling requirements of the work to be performed and to enter into
another contract for the required goods or services through the use of
competitive procedures, but in no event shall the period of performance
exceed 150 days, unless the Head of the Contracting Activity (or higher
approval authority if required by (FAR) 48 CFR 6.304 or DHS procedures)
determines that exceptional circumstances apply, approving the
justification as set forth in (HSAR) 48 CFR 3006.304.
[[Page 47]]
The limitation on the period of performance applies to contracts awarded
in response to, or to recovery from:
(A) A major disaster or emergency declared by the President under
Title IV or Title V of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended (42 U.S.C. 5121-5207);
(B) An uncontrolled fire or fire complex, threatening such
destruction as would constitute a major disaster, and for which the
Federal Emergency Management Agency has approved a fire management
assistance declaration in accordance with regulatory criteria at 44 CFR
204.21; or
(C) An incident for which the National Operations Center (NOC),
through the National Response Coordination Center (NRCC), coordinates
the activation of the appropriate Emergency Support Functions and the
Secretary of Homeland Security has designated a Federal Resource
Coordinator (FRC) to manage Federal resource support.
[77 FR 50634, Aug. 22, 2012, as amended at 86 FR 17315, Apr. 2, 2021]
3006.302-7 Public interest.
(c)(1)(ii) Requests shall be prepared in writing by the contracting
officer, using the format found in (HSAR) 48 CFR 3001.704, and submitted
through the HCA to the CPO for review and transmittal to the Secretary
for approval.
3006.303 Justifications.
3006.303-270 Content.
(a)(9)(iv) For a proposed contract subject to the restrictions of
(HSAR) 48 CFR 3006.302-270(d)(1)(iii) and where (FAR) 48 CFR 6.302-2 is
cited as the authority, the exceptional circumstances allowing for an
award for a period of performance in excess of 150 days.
[77 FR 50634, Aug. 22, 2012]
3006.304 Approval of justification.
3006.304-70 DHS Approval of justification.
A justification for other than full and open competition that cites
(FAR) 48 CFR section 6.302-2 as its authority shall be approved in
writing by the HCA (unless a higher approval authority is required in
accordance with (FAR) 48 CFR section 6.304 or DHS procedures) for a
proposed DHS contract to facilitate the response to or recovery from a
natural disaster, act of terrorism, or other man-made disaster with a
period of performance in excess of 150 days. The justification should
make plain the exceptional circumstances that justify the duration of
the contract. This authority may not be redelegated by the HCA.
[77 FR 50634, Aug. 22, 2012]
Subpart 3006.5_Competition Advocates