[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Rules and Regulations]
[Pages 48800-48802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7035]


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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3001, 3002, 3003, 3006, 3011, 3016, 3017, 3022, 3023, 
3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053.

RIN 1601-AA16


Revision of Department of Homeland Security Acquisition 
Regulation; Technical Amendments.

AGENCY: Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This document makes amendments to the Department of Homeland 
Security Acquisition Regulation (HSAR) to delete any reference to the 
term ``Organizational Elements'', and to use instead, the term, 
``Components'' in accordance with internal Department of Homeland 
Security (DHS) changes. These changes are technical amendments and make 
no substantive changes to the regulation.

DATES: This rule is effective on August 22, 2006.

FOR FURTHER INFORMATION CONTACT: Kathy Strouss, Office of the Chief 
Procurement Officer, Department of Homeland Security: (202) 447-5300.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security recently updated the 
organizational structure nomenclatures by revising the term 
``Organizational Element'' and replacing it with ``Component''. This is 
an internal Department organizational change not requiring public 
comment. This technical amendment addresses the change in nomenclature 
for the HSAR published as an Interim rule, (68 FR 67867), and the Final 
rule (71 FR 25759) by including the present terminology for the 
Department. In addition, there are a few other minor editorial 
corrections to the HSAR.

List of Subjects in 48 CFR Parts 3001, 3002, 3003, 3006, 3011, 
3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, 
and 3053

    Government procurement.

    Dated: August 11, 2006.
Elaine C. Duke,
Chief Procurement Officer.

0
Accordingly, DHS amends 48 CFR 3001, 3002, 3003, 3006, 3011, 3016, 
3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053 as 
follows:
0
1. The authority citation for 48 CFR parts 3001, 3002, 3003, 3006, 
3011, 3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, 
and 3053 continues to read as follows:

    Authority: 41 U.S.C. 418b(a) and (b).

PART 3001--FEDERAL ACQUISITION REGULATION SYSTEM

0
2. Amend Sec.  3001.105-2 by revising paragraph (a) to read as follows:


3001.105-2  Arrangement of regulations.

    (a) General. The HSAR, which encompasses both Department-wide and 
Component-unique guidance, conforms to the arrangement and numbering 
system prescribed by (FAR) 48 CFR 1.105-2. Guidance that is unique to a 
Component contains the organization's acronym or abbreviation directly 
following the title. The following acronyms apply:
Bureau of Customs and Border Protection (CBP);
Bureau of Immigration and Customs Enforcement (ICE);
DHS Office of Procurement Operations (OPO);
Federal Emergency and Management Agency (FEMA) (includes all elements 
of the Emergency Preparedness and Response Directorate);
Federal Law Enforcement Training Center (FLETC);
Transportation Security Administration (TSA);
U.S. Coast Guard (USCG); and
U.S. Secret Service (USSS).


3001.301  [Amended]

0
3. Amend Sec.  3001.301 as follows:
0
a. In paragraph (a)(1) in the third sentence by removing 
``Organizational Element (OE)'' and adding ``Component'' in its place.
0
b. In paragraph (a)(2)(i) in the last sentence by removing ``OE'' and 
adding ``Component'' in its place.


3001.301-70  [Amended]

0
4. Amend Sec.  3001.301-70(b) introductory text in the first sentence 
by removing ``OEs'' and adding ``Components'' in its place.


3001.303  [Amended]

0
5. Amend Sec.  3001.303 as follows:
0
a. In paragraph (a)(5) in the first sentence by removing 
``Organizational

[[Page 48801]]

Element'' and adding ``Component'' in its place.
0
b. In paragraph (a)(7) in the first sentence by removing ``OE'' and 
adding ``Component'' in its place.


3001.304  [Amended]

0
6. Amend Sec.  3001.304 by revising paragraph (a) to read as follows:


3001.304  Agency control and compliance procedures.

    (a) The HSAR is under the direct oversight and control of the 
Homeland Security, Office of the Chief Procurement Officer (OCPO), 
which is responsible for evaluation, review, and issuance of all 
Department-wide acquisition regulations and guidance. Each HCA may 
supplement the HSAR with Component guidance. Supplementation should be 
kept to a minimum. Components proposing to issue regulatory supplements 
or use solicitation or contract clauses on a repetitive basis must 
obtain legal review by the Component's legal counsel and forward 
supplements to the CPO for concurrence prior to publication in the 
Federal Register.
* * * * *


3001.403  [Amended]

0
7-8. Amend Sec.  3001.403 by removing the words ``(HSAR) 48 CFR 
3001.7000(a)'' and adding in their place the words ``(HSAR) 48 CFR 
3001.7000.''

PART 3002--DEFINITIONS OF WORDS AND TERMS


3002.101  [Amended]

0
9. Amend Sec.  3002.101 by revising the definition for ``Chief of the 
Contracting Office (COCO)'', ``Contracting activity'', ``Head of the 
Contracting Activity'', and ``Head of the Agency'', removing 
``Organizational Element (OE)'', and adding ``Component'' and ``Legal 
Counsel'', to read as follows:


3002.101  Definitions.

* * * * *
    Chief of the Contracting Office (COCO) means the individual(s) 
responsible for managing the contracting office(s) within a Component.
* * * * *
    Component means the following entities for purposes of this 
chapter:
    (1) Bureau of Customs and Border Protection (CBP);
    (2) Bureau of Immigration and Customs Enforcement (ICE);
    (3) DHS Office of Procurement Operations (OPO);
    (4) Federal Emergency Management Agency (FEMA) (Includes all 
elements of the Emergency Preparedness and Response Directorate);
    (5) Federal Law Enforcement Training Center (FLETC);
    (6) Transportation Security Administration (TSA); (TSA is exempt 
from the HSAR and HSAM according to the ``Aviation and Transportation 
Security Act of 2001'');
    (7) U.S. Coast Guard (USCG); and
    (8) U.S. Secret Service (USSS).
    Contracting activity includes all the contracting offices within a 
Component and is the same as the term ``procuring activity.''
* * * * *
    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 individual 
responsible for direct management of the entire acquisition function 
within a Component.
    Legal counsel means the Department of Homeland Security Office of 
General Counsel or Component office providing legal services to the 
contracting organization.
* * * * *


3002.270  [Amended]

0
10. Amend Sec.  3002.270 by removing ``OE Organizational Element.''

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


3003.203  [Amended]

0
11. Amend Sec.  3003.203(b) in the second sentence by removing ``OE'' 
and adding ``the Component'' in its place.

PART 3006--COMPETITION REQUIREMENTS


3006.101-70  [Amended]

0
12. In Sec.  3006.101-70 amend the definition for ``Competition 
advocate for the procuring activity'' by removing ``Organization 
Element (OE)'' and adding ``Component'' in its place.

PART 3011--Describing Agency Needs


3011.602  [Amended]

0
13. Amend Sec.  3011.602(c) introductory text by removing ``OEs'' and 
adding ``Components'' in its place.

PART 3016--TYPES OF CONTRACTS


3016.505  [Amended]

0
14. Amend Sec.  3016.505 by removing ``OE'' and adding ``Component'' in 
its place in paragraphs (b)(5), (b)(5)(i), and (ii).

PART 3017--SPECIAL CONTRACTING METHODS

0
15. Amend Sec.  3017.402 by removing the words ``(HSAR) 48 CFR 
3001.7000(a)'' and adding in their place the words ``(HSAR) 48 CFR 
3001.7000.''

PART 3022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


3022.101-70  [Amended]

0
16. Amend Sec.  3022.101-70 as follows:
0
a. In paragraph (a) in the first sentence by removing ``Organizational 
Elements'' and adding ``Components'' in its place.
0
b. In paragraph (b) in the first sentence by removing ``OE'' and adding 
``Component'' in its place.

PART 3023--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND 
DRUG-FREE WORKPLACE


3023.501  [Amended]

0
17. Amend Sec.  3023.501(d) by removing ``Organizational Element'' and 
adding ``Component'' in its place.


3023.506  [Amended]

0
18. Amend Sec.  3023.506(e) by removing the words ``(HSAR) 48 CFR 
3001.7000(b)'' and adding in their place the words ``(HSAR) 48 CFR 
3001.7000.''

PART 3024--PROTECTION OF INDIVIDUAL PRIVACY


3024.203  [Amended]

0
19. Amend Sec.  3024.203(a) in the second sentence by removing 
``Organizational Element'' and adding ``Component'' in its place.

PART 3027--Patents, Data and Copyrights


3027.205  [Amended]

0
20. Amend Sec.  3027.205(a) in the first sentence by removing ``OE'' 
and adding ``Component'' in its place.

PART 3028--BONDS AND INSURANCE


3028.106-6  [Amended]

0
21. Amend Sec.  3028.106-6(c) in the second sentence by removing ``OE'' 
and adding ``Component'' in its place.

PART 3031--CONTRACT COST PRINCIPLES AND PROCEDURES


3031.205-32  [Amended]

0
22. Amend Sec.  3031.205-32(a) by removing the words ``(HSAR) 48 CFR 
3032.205-32(b)'' and adding in their place the words ``(HSAR) 48 CFR 
3031.205-32(b).''

[[Page 48802]]

PART 3035--RESEARCH AND DEVELOPMENT CONTRACTING


3035.003  [Amended]

0
23. Amend Sec.  3035.003(b) in the last sentence by removing ``OEs'' 
and adding ``Components'' in its place.


3035.017  [Amended]

0
24. Amend Sec.  3035.017(a) in the last sentence by removing ``OEs'' 
and adding ``Components'' in its place.

PART 3042--CONTRACT ADMINISTRATION AND AUDIT SERVICES


3042.1502  [Amended]

0
25. Amend Sec.  3042.1502(a) by removing ``OEs'' and adding 
``Components'' in its place.

PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


3052.101  [Amended]

0
26. Amend Sec.  3052.101 as follows:
0
a. In paragraph (b)(2)(i)(A), in the second sentence, by removing 
``OEs'' and adding ``Components'' in its place.
0
b. In paragraph (b)(2)(i)(B), in the first sentence, by removing ``OE'' 
and adding ``Component'' in its place.


3052.204-70  [Amended]

0
27. Amend Sec.  3052.204-70(d) in the last sentence by removing 
``Organizational elements'' and adding ``Components'' in its place.


3052.204-71  [Amended]

0
28. Amend Sec.  3052.204-71, ALTERNATE I as follows:
0
a. In paragraph (i) in the first sentence by removing ``OE'' and adding 
``Component'' in its place.
0
b. In paragraph (k) in the first sentence by removing ``Organizational 
Element'' and adding ``Component'' in its place.

PART 3053--FORMS


3053.101  [Amended]

0
29. Amend Sec.  3053.101 by removing ``OEs'' and adding ``Components'' 
in its place.

[FR Doc. 06-7035 Filed 8-21-06; 8:45 am]
BILLING CODE 4410-10-P