[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17312-17318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06176]



[[Page 17312]]

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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3009, 3010, 
3011, 3012, 3013, 3015, 3016, 3017, 3018, 3019, 3022, 3023, 3024, 
3025, 3027, 3028, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 
3042, 3046, 3047, 3052, and 3053

[HSAR Case 2016-001]


Homeland Security Acquisition Regulation; Administrative Matters

AGENCY: Office of the Chief Procurement Officer, Department of Homeland 
Security (DHS).

ACTION: Final rule.

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SUMMARY: This final rule amends the Homeland Security Acquisition 
Regulation (HSAR) to conform references throughout the HSAR to the 
Positive Law Codification of Title 41, and to provide needed editorial 
changes. This final rule does not alter substantive rights or 
obligations under current law.

DATES: This final rule is effective on May 3, 2021.

FOR FURTHER INFORMATION CONTACT: Nancy Harvey, Procurement Analyst, 
DHS, Office of the Chief Procurement Officer, Acquisition Policy and 
Legislation, (202) 642-0500 or email [email protected]. When using email, 
include HSAR Case 2016-001 in the ``Subject'' line.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 4, 2011, Public Law 111-350 enacted a new codified 
version of Title 41 United States Code (U.S.C.), entitled ``Public 
Contracts.'' The purpose of this final rule is to update all references 
to Title 41 in the HSAR to conform to the positive law codification and 
to implement technical updates throughout the HSAR. The HSAR 
establishes uniform policies and procedures for all acquisition 
activities within DHS. The edits made by this rule are entirely 
administrative and technical in nature and will not result in any 
substantive effects on DHS or other entities.

II. Discussion and Analysis

    DHS amends the HSAR as follows:
    1. Numerous corrections to authority citations to conform the HSAR 
to the Positive Law Codification of Title 41, United States Code, 
``Public Contracts.'' The codification of Title 41 was enacted on 
January 4, 2011.
    2. Other technical corrections not as a result of the Title 41 
recodification, include the following:
    a. The position title ``Contracting Officer's Technical 
Representative'' is replaced with ``Contracting Officer's 
Representative'', and the abbreviation ``COTR'' is replaced with 
``COR'' throughout the HSAR for consistency with the FAR.
    b. Section 3001.105-2 is revised to add U.S. Citizenship and 
Immigration Services as a DHS Component;
    c. Section 3001.105-3 is revised to remove an outdated Uniform 
Resource Locator (URL) and clarify where to access the HSAR in 
electronic form.
    d. Section 3001.304 is revised to:
    1. In paragraph (a), make editorial changes to clarify the 
Component procedures for incorporating Component-specific regulations 
or provisions and clauses the Component intends to use on a repetitive 
basis into the HSAR. The term ``supplement'' is used in paragraph (a) 
multiple times and in different ways, making the instructions difficult 
to follow. In addition, the text is clarified to specify who signs 
Component-specific regulations, as well as other internal procedures.
    2. In paragraph (c), make editorial changes to clarify that the 
HSAR is the agency acquisition regulation for which the CPO approves 
the incorporation of proposed regulatory coverage.
    e. Section 3002.101 is revised to (1) identify, in the definition 
of Component, U.S. Citizenship and Immigration Services (USCIS) as a 
DHS Component; (2) add the title of the Head of the Contracting 
Activity (HCA) for USCIS to the list of DHS HCAs; (3) clarify the 
definition of legal counsel to include Component legal offices; and (4) 
update the definition of Senior Procurement Executive for consistency 
with DHS delegations.
    f. Section 3002.270 is revised to:
    1. Remove ``COTR Contracting Officer's Technical Representative''. 
The abbreviation and term are obsolete.
    2. Remove ``KO Contracting officer.'' The abbreviation does not 
appear in the HSAR.
    g. Section 3003.101-3 is amended to add a reference to the more 
recently issued DHS supplemental ethics regulation at 5 CFR part 4601.
    h. Section 3003.1003, paragraph (a), is revised to add a direct 
link to the electronic contractor disclosure form.
    i. Section 3005.9000 is revised to remove the reference to 6 U.S.C. 
552(d). Section 3005.9000 covers publicizing United States Coast Guard 
(USCG) personal services contracts. USCG is authorized to issue 
personal services contracts for medical and dental care under 10 U.S.C. 
1091. Section 1091, however, during the early transition period of DHS, 
identified USCG as a Department of Transportation component. During 
this transition period, 6 U.S.C. 552(d) was used to identify newly 
transferred Components that appeared in statutes, documents, executive 
orders, regulations, etc., as part of other agencies, as DHS 
Components. Section 1091 has since been revised and now the USCG 
correctly appears under the jurisdiction of DHS. As a result, the 
reference to 6 U.S.C. 552(d) in this section is no longer necessary.
    j. In section 3006.302-270, paragraphs (d)(1)(iii)(A) and (B), the 
reference to http://www.fema.gov/news/disasters.fema#sev2 is removed as 
the page no longer exists and the link is unnecessary.
    k. Section 3009.108-7005 is revised to replace ``Clause'' in the 
section header with ``Provision'', and to remove ``and contracts'' at 
the end of the paragraph. In accordance with FAR part 2, Definitions, a 
contract clause is a term or condition used in contracts or in both 
solicitations and contracts, that apply after contract award or both 
before and after award. Alternatively, a provision is a term or 
condition used only in solicitations and that applies only before 
contract award. Section 3009.108-7005 prescribes instructions covering 
the use of section 3052.209-70, and references it as a clause. However, 
section 3052.209-70 is a provision because it is a term that is used 
only in solicitations, before contract award. For this reason, the 
reference in section 3009.108-7005 to section 3052.209-70 as a 
provision in all solicitations and contracts is inaccurate.
    l. Section 3009.470-1 is revised to correct the spelling of ``sub-
elements.''
    m. Section 3009.507-1 is revised to replace ``provision'' in the 
header and in the first sentence, to read ``clause.'' As noted above, 
in accordance with FAR part 2, Definitions, a contract clause is a term 
or condition used in contracts or in both solicitations and contracts, 
that apply after contract award or both before and after award. 
Alternatively, a provision is a term or condition used only in 
solicitations and that applies only before contract award. Section 
3009.507-1 prescribes instructions covering the use of section 
3052.209-72, and references it as a provision. However, section 
3052.209-72 is a clause because it is a term that is used in both 
solicitations and contracts, that is, both before and after contract 
award. For this reason, the reference in section

[[Page 17313]]

3009.507-1 to section 3052.209-70 as a provision is inaccurate.
    n. Subpart 3011.6, consisting of section 3011.602, is removed and 
reserved. DHS Delegation 9053, Delegation of Authority Regarding the 
Defense Priorities and Allocations System, delegates certain 
authorities under the Department of Commerce's Defense Priorities and 
Allocations System (DPAS) Delegation 4 to designated officials within 
DHS. Subpart 3011.6 does not list all of the enumerated parties in the 
Delegation. Because this guidance is already included in DHS Delegation 
9053, this subpart is no longer needed.
    o. Section 3018.109 is revised to remove ``(See (HSAR) 48 CFR 
3011.602.)'' for consistency with the revisions described above with 
respect to 48 CFR 3011.602.
    p. Section 3022.101-70, paragraph (b), is revised to replace the 
word ``coordinator'' with ``advisor'' in the first sentence to correct 
the DHS labor advisor's position title.
    q. Section 3022.406-9, paragraph (c)(1) is amended to replace 
``Comptroller General'' with ``Secretary of Labor'', and to remove the 
last sentence of the paragraph in its entirety. FAC 2005-78, effective 
December 16, 2014, amended FAR 22.406-9 to implement Public Law 113-50, 
which transferred certain authorities for construction wage under-
payments from the Government Accountability Office to the Department of 
Labor by requiring that wage underpayments be sent to the Secretary of 
Labor, and by removing standard form (SF) 1093 from the FAR.
    r. Section 3023.1004 is amended to (1) correct the titles of ``DHS 
Directive 023-02 Environmental Compliance Program'' and ``DHS Directive 
025-01, Sustainable Practices for Environmental Energy and 
Transportation.'' The correct titles are, respectively, ``DHS Directive 
023-02, Environmental Management Program'' and ``DHS Directive 025-01, 
Sustainable Practices.'' In addition, in the second sentence, the rule 
is amended to (a) replace the term ``green purchasing'' with 
``sustainable acquisition'' for consistency with FAR part 23 and DHS 
Directive 025-01, and (b) remove a reference to an obsolete Executive 
Order.
    s. Section 3024.203 is revised to add an ``s'' at the end of the 
word ``request''.
    t. Section 3033.211 is revised to clarify the methods of delivery 
for submitting claims or disputes to the Civilian Board of Contract 
Appeals (CBCA).
    u. Section 3046.790-2 is amended in the definition for ``At no 
additional cost to the Government'' to add a hyphen between ``fixed'' 
and ``price''.
    v. For part 3052:
    (1) Section 3052.101 is amended to, in the Note, update a URL and 
remove an outdated reference.
    (2) Section 3052.203-70 is revised to clarify the instructions for 
submitting disclosures of violations and the method for submitting 
disclosures.
    (3) Section 3052.209-70 is revised in the introductory paragraph, 
in the introductory paragraph for paragraph (b), and at the end of the 
provision, to remove ``clause'' and replace it with ``provision''.
    (4) Section 3052.209-71, paragraph (a), is revised to correct the 
spelling of ``sub-elements''.
    (5) Section 3052.209-72 is revised to remove the word 
``provision'', and replace it with the word ``clause'' in the 
introductory paragraph, and in paragraphs (c), (d) and (f). In 
accordance with FAR part 2, Definitions, a contract clause is a term or 
condition used in contracts or in both solicitations and contracts, 
that applies after contract award or both before and after award. 
Alternatively, a provision is a term or condition used only in 
solicitations and that applies only before contract award. Section 
3052.209-72, paragraphs (f) and (g), prescribe terms to which the 
contractor must comply post-award. Therefore, section 3052.209-72 is a 
clause.
    (6) The lists in section 3052.212-70 are corrected to properly 
identify provisions and clauses. Section 3052.212-70 is also corrected 
to add 3052.205-70, Alternate I, to the list of provisions and clauses. 
While section 3052.205-70 is listed, 3052.205-70, Alternate I, is not. 
Because section 3052.205-70 is listed, its alternate must be as well.
    (7) Section 3052.217-96, in paragraph (b), is revised to remove 
``s'' at the end of the term ``equipments''.
    (8) Section 3052.219-71, in the introductory paragraph, is revised 
to redesignate the paragraph for consistency with HSAR Case 2017-001, 
Rescinding Department of Homeland Security Acquisition Regulation 
(HSAR) Clause 3052.219-70, Small Business Subcontracting Plan 
Reporting.
    (9) Section 3052.219-72, in the introductory paragraph, is revised 
to redesignate the paragraph for consistency with HSAR Case 2017-001, 
Rescinding Department of Homeland Security Acquisition Regulation 
(HSAR) Clause 3052.219-70, Small Business Subcontracting Plan 
Reporting.
    w. Section 3053.303 is amended to update the URL to access DHS 
forms.

III. Notice and Comment

    This rule makes administrative changes that do not require notice 
and comment procedures, consistent with 41 U.S.C. 1707, 48 CFR 1.301, 
and related authority. The changes will not have a significant effect 
on any party, and will not have a significant cost or administrative 
impact on contractors or offerors.

IV. Executive Orders 12866 and 13563

    Executive Orders 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it.
    DHS has determined that the rule will not create an economic 
impact. The changes made by this rule are entirely administrative and 
technical in nature and will not result in any substantive effects on 
DHS or other entities.

V. Regulatory Flexibility Act

    As noted above, the administrative changes made by this rule do not 
require notice-and-comment rulemaking. Accordingly, the procedural 
requirements of the Regulatory Flexibility Act do not apply. See 5 
U.S.C. 604, 48 CFR 1.301(c).

VI. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

List of Subjects

48 CFR Parts 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3009, 3010, 
3011, 3012, 3013, 3015, 3016, 3017, 3018, 3019, 3022, 3023, 3024, 3025, 
3027, and 3028

    Government procurement.

48 CFR Parts 3030, 3031, and 3032

    Accounting, Government procurement.

[[Page 17314]]

48 CFR Parts 3033, 3034, 3035, 3036, and 3037

    Government procurement.

48 CFR Part 3042

    Accounting, Government procurement.

48 CFR Part 3046, 3047, 3052, and 3053

    Government procurement.

Soraya Correa,
Chief Procurement Officer, Department of Homeland Security.

    For reasons set out in the preamble, DHS amends chapter 30 of title 
48 of the Code of Federal Regulations as set forth below.

PART 3001--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. Revise the authority citation for part 3001 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


0
2. Amend section 3001.105-2 by adding an entry in alphabetical order 
for ``U.S. Citizenship and Immigration Services (USCIS)'' in paragraph 
(a) to read as follows:


3001.105-2   Arrangement of regulations.

    (a) * * *
    U.S. Citizenship and Immigration Services (USCIS);
* * * * *

0
3. Revise section 3001.105-3 to read as follows:


3001.105-3   Copies.

    Official versions of the HSAR are available in the Code of Federal 
Regulations, as supplemented and revised from time to time by the 
Federal Register, both of which are available from the Government 
Publishing Office in paper form. The HSAR is also available in 
electronic form at https://www.ecfr.gov/. The Homeland Security 
Acquisition Manual (HSAM), which complements the HSAR, can also be 
found at http://www.dhs.gov.

0
4. Revise section 3001.304 to read as follows:


3001.304  Agency control and compliance procedures.

    (a) The HSAR is under the direct oversight and control of the DHS, 
Office of the Chief Procurement Officer (OCPO), which is responsible 
for evaluation, review, and issuance of all Department-wide acquisition 
regulations and guidance in accordance with DHS regulatory clearance 
procedures, as applicable. Each HCA may supplement the HSAR with 
internal Component issued guidance that does not go beyond internal 
operating procedures and does not have a significant cost or 
administrative impact on contractors or offerors. Supplementation 
should be kept to a minimum. Any Component that seeks a component-
specific regulation or that intends to use a solicitation provision or 
a contract clause on a repetitive basis must prepare and coordinate a 
draft rule with Component legal counsel and obtain HCA approval, which 
is non delegable. The HCA must forward the draft rule to the CPO for 
concurrence prior to further action in accordance with DHS regulatory 
clearance procedures. If approved, the CPO or designee, will sign the 
Component-specific regulation and it will be integrated into the HSAR.
    (b) [Reserved]
    (c) The CPO is responsible for evaluating all proposed regulatory 
coverage in the HSAR to determine if the substance could apply to other 
agencies and to make recommendation for inclusion in the FAR.

PART 3002--DEFINITIONS OF WORDS AND TERMS

0
5. Revise the authority citation for part 3002 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


0
6. Amend section 3002.101 by revising the definitions of ``Component'', 
``Head of the Contracting Activity (HCA)'', ``Legal counsel'', and 
``Senior Procurement Executive (SPE) for the Department of Homeland 
Security'' to read as follows:


3002.101   Definitions.

* * * * *
    Component means the following entities for purposes of this 
chapter:
    (1) DHS Management (MGMT), including the Office of Procurement 
Operations (OPO) and the Office of Selective Acquisitions (OSA);
    (2) Federal Emergency Management Agency (FEMA);
    (3) Federal Law Enforcement Training Center (FLETC);
    (4) Transportation Security Administration (TSA);
    (5) U.S. Citizenship and Immigration Services (USCIS);
    (6) U.S. Coast Guard (USCG);
    (7) U.S. Customs and Border Protection (CBP);
    (8) U.S. Immigration and Customs Enforcement (ICE); and
    (9) U.S. Secret Service (USSS).
* * * * *
    Head of the Contracting Activity (HCA) means the official who has 
overall responsibility for managing the contracting activity. For DHS, 
the HCAs are:
    (1) Director, Office of Procurement Operations (OPO);
    (2) Director, Office of Selective Acquisitions (OSA);
    (3) Director, Office of Acquisition Management (FEMA);
    (4) Chief, Procurement Division (FLETC);
    (5) Assistant Administrator for Contracting & Procurement (TSA);
    (6) Chief, Office of Contracting (USCIS);
    (7) Director of Contracting and Procurement (USCG);
    (8) Deputy Assistant Commissioner, Office of Acquisition (CBP);
    (9) Director, Office of Acquisition Management (ICE); and
    (10) Chief, Procurement Operations (USSS).
* * * * *
    Legal counsel means the Department of Homeland Security Office of 
the General Counsel, which includes Component offices providing legal 
services to the contracting organization.
* * * * *
    Senior Procurement Executive (SPE) for the Department of Homeland 
Security means the individual appointed pursuant to 41 U.S.C. 1702(c). 
The SPE is responsible for the management direction of the procurement 
system of DHS, including implementation of the unique procurement 
policies, regulations, and standards of DHS. The DHS Chief Procurement 
Officer (CPO) is the SPE for DHS and is the only individual within DHS 
that bears the title of the CPO.
* * * * *


3002.270  [Amended]

0
7. Amend section 3002.270 by removing the entries for ``COTR 
Contracting Officer's Technical Representative'' and ``KO Contracting 
officer'' from the list.

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

0
8. Revise the authority citation for part 3003 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3003.101-3  [Amended]

0
9. Amend 3003.101-3 by removing the words ``Management Directive

[[Page 17315]]

0480.1, Ethics/Standards of Conduct'' and adding the words ``a 
supplemental ethics regulation at 5 CFR part 4601 and Management 
Directive 0480.1, Ethics/Standards of Conduct'' in their place.


3003.1003  [Amended]

0
10. Amend 3003.1003, in paragraph (a), by adding ``or https://www.oig.dhs.gov/reports/publications/annual/contractor-disclosure'' 
after ``http://www.oig.dhs.gov''.

PART 3004--ADMINISTRATIVE MATTERS

0
11. Revise the authority citation for part 3004 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3005--PUBLICIZING CONTRACT ACTIONS

0
12. Revise the authority citation for part 3005 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3005.9000  [Amended]

0
13. Amend section 3005.9000 by removing ``as amended by section 1512(d) 
of the Homeland Security Act, 6 U.S.C. 552(d),''.

PART 3006--COMPETITION REQUIREMENTS

0
14. Revise the authority citation for part 3006 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3006.302-270  [Amended]

0
15. Amend section 3006.302-270, in paragraphs (d)(1)(iii)(A) and (B), 
by removing ``(see http://www.fema.gov/news/disasters.fema#sev2 for a 
list of declarations)''.

PART 3007--ACQUISITION PLANNING

0
16. Revise the authority citation for part 3007 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3009--CONTRACTOR QUALIFICATIONS

0
17. Revise the authority citation for part 3009 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


0
18. Amend section 3009.108-7005 by:
0
a. Revising the section heading; and
0
b. Removing the words ``and contracts'' at the end of the section.
    The revision reads as follows:


3009.108-7005  Provision.

* * * * *


3009. 470-1   [Amended]

0
19. Amend 3009.470-1 by removing ``subelements'' and adding ``sub-
elements'' in its place.

0
20. Amend 3009.507-1 by:
0
a. Revising the section heading; and
0
b. Removing the word ``provision'' in the first sentence and adding the 
word ``clause'' in its place.
    The revision reads as follows:


3009. 507-1   Solicitation clause.

* * * * *

PART 3011--DESCRIBING AGENCY NEEDS

0
21. Revise the authority citation for part 3011 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

Subpart 3011-6 [Removed and Reserved]

0
22. Subpart 3011.6, consisting of section 3011.602, is removed and 
reserved.

PART 3012--ACQUISITION OF COMMERCIAL ITEMS

0
23. Revise the authority citation for part 3012 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3013--[REMOVED AND RESERVED]

0
24. Under the authority of 41 U.S.C. 1702, part 3013 is removed and 
reserved.

PART 3015--CONTRACTING BY NEGOTIATION

0
25. Revise the authority citation for part 3015 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3016--TYPES OF CONTRACTS

0
26. Revise the authority citation for part 3016 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3017--SPECIAL CONTRACTING METHODS

0
27. Revise the authority citation for part 3017 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3018--EMERGENCY ACQUISITIONS

0
28. Revise the authority citation for part 3018 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3018.109  [Amended]

0
29. Amend 3018.109 by removing ``(See (HSAR) 48 CFR 3011.602.)''.

PART 3019--SMALL BUSINESS PROGRAMS

0
30. Revise the authority citation for part 3019 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3022--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
31. Revise the authority citation for part 3022 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3022.101-70  [Amended]

0
32. Amend 3022.101-70, in the first sentence in paragraph (b), by 
removing ``DHS labor coordinator'' and adding ``DHS labor advisor'' in 
its place.

0
33. Amend 3022.406-9 by revising paragraph (c)(1) to read as follows:


3022.406-9   Withholding from or suspension of contract payments.

    (c) * * *
    (1) Forwarding wage underpayments to the Secretary of Labor. The 
contracting officer shall ensure that a completed DHS Form 700-4, 
Employee Claim for Wage Restitution, is obtained from each employee 
claiming restitution under the contract.

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

0
34. Revise the authority citation for part 3023 to read as follows:


[[Page 17316]]


    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


0
35. Revise section 3023.1004 to read as follows:


3023.1004   Requirements.

    DHS Directive 023-02, Environmental Management Program, provides 
guidance and direction for compliance with environmental laws, 
regulations and executive orders. DHS Directive 025-01, Sustainable 
Practices, provides guidance and direction for compliance with 
sustainable acquisition and other sustainable practices. Contracting 
officers shall ensure that solicitations and contracts contain 
appropriate sustainable practices requirements, provisions and clauses. 
Contractors shall comply with the DHS sustainable acquisition and 
environmental policy by taking appropriate actions to eliminate or 
reduce their impacts on the environment.

PART 3024--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

0
36. Revise the authority citation for part 3024 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3024.203   [Amended]

0
37. Amend section 3024.203, in the second sentence in paragraph (a), by 
removing ``request'' and adding ``requests'' in its place.

PART 3025--FOREIGN ACQUISITION

0
38. Revise the authority citation for part 3025 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3027--PATENTS, DATA, AND COPYRIGHTS

0
39. Revise the authority citation for part 3027 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3028--BONDS AND INSURANCE

0
40. Revise the authority citation for part 3028 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3030--COST ACCOUNTING STANDARDS ADMINISTRATION

0
41. Revise the authority citation for part 3030 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3031--CONTRACT COST PRINCIPLES AND PROCEDURES

0
42. Revise the authority citation for part 3031 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3032--CONTRACT FINANCING

0
43. Revise the authority citation for part 3032 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3033--PROTESTS, DUTIES, AND APPEALS

0
44. Revise the authority citation for part 3033 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

0
45. Revise section 3033.211 to read as follows:


3033.211   Contracting officer's decision.

    For DHS contracts, the Board of Contract Appeals (BCA) noted in 
(FAR) 48 CFR 33.211 is the Civilian Board of Contract Appeals (CBCA). 
The Board's address for each method of filing is as follows:
    (a) For e-file: [email protected].
    (b) U.S. Postal Service Mail: 1800 F Street NW, Washington, DC 
20405.
    (c) Overnight or Courier Delivery: 1800 M Street NW, Room 600 
South, Washington, DC 20036.

PART 3034--MAJOR SYSTEM ACQUISITION

0
46. Revise the authority citation for part 3034 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3035--RESEARCH AND DEVELOPMENT CONTRACTING

0
47. Revise the authority citation for part 3035 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3036--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
48. Revise the authority citation for part 3036 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3037--SERVICE CONTRACTING

0
49. Revise the authority citation for part 3037 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3042--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
50. Revise the authority citation for part 3042 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

Subpart 3042.70 Contracting Officer's Representative

0
51. Revise the heading for subpart 3042.70 to read as set forth above.


3042.7000   [Amended]

0
52. Amend section 3042.7000 by removing ``Contracting Officer's 
Technical Representative'' and adding ``Contracting Officer's 
Representative'' in its place.

PART 3046--QUALITY ASSURANCE

0
53. Revise the authority citation for part 3046 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3046.790-2   [Amended]

0
54. Amend section 3046.790-2, in the definition of ``At no additional 
cost to the Government'', by removing ``fixed price'' and adding 
``fixed-price'' in its place.

PART 3047--TRANSPORTATION

0
55. Revise the authority citation for part 3047 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.

PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
56. Revise the authority citation for part 3052 to read as follows:


[[Page 17317]]


    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


3052.101  [Amended]

0
57. Amend section 3052.101, in the note to 3052.101, by removing 
``http://www.dhs.gov/xopnbiz/ under Policy and Regulations, Homeland 
Security Acquisition Regulation (HSAR)'' and adding ``https://www.dhs.gov/publication/hsar-provision-and-clause-matrix'' in its 
place.

0
58. Revise 3052.203-70 to read as follows:


3052.203-70   Instructions for Contractor Disclosure of Violations.

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

Instructions for Contractor Disclosure of Violations (Sep 2012)

    When making a written disclosure under the clause at FAR 52.203-
13, paragraph (b)(3), the Contractor may submit the disclosure to 
the Department of Homeland Security Office of Inspector General 
using the methods described at https://www.oig.dhs.gov/hotline or 
https://www.oig.dhs.gov/reports/publications/annual/contractor-disclosure, and submit the disclosure electronically to the 
Department of Homeland Security Office of Inspector General. The 
Contractor shall provide a copy of the disclosure to the Contracting 
Officer by email or facsimile on the same business day as the 
submission to the Office of Inspector General. The Contractor shall 
provide the Contracting Officer a concurrent copy of any supporting 
materials submitted to the Office of Inspector General.


(End of clause)


3052.204-71   [Amended]

0
59. Amend section 3052.204-71, in Alternate I:
0
a. In paragraph (g), by removing ``Contracting Officer's Technical 
Representative (COTR)'' and adding the term ``Contracting Officer's 
Representative (COR)'' in its place; and
0
b. In paragraph (h), in two places, by removing the acronym ``COTR'' 
and adding ``COR'' in its place.


3052.209-70   [Amended]

0
60. Amend section 3052.209-70, in the introductory text and in 
paragraphs (a) and (b), by removing the word ``clause'' and adding the 
word ``provision'' in its place.


3052.209-71  [Amended]

0
61. Amend section 3052.209-71, in paragraph (a), by removing 
``subelements'' and adding ``sub-elements'' in its place.


3052.209-72  [Amended]

0
62. Amend section 3052.209-72:
0
a. In the introductory text and paragraphs (c)(2), (d), and (f), by 
removing the word ``provision'' and adding the word ``clause'' in its 
place; and
0
b. Removing, at the end of the section, ``(End of provision)'' and 
adding ``(End of clause)'' in its place.

0
63. Amending section 3052.212-70 by revising paragraphs (a) and (b) of 
the clause to read as follows:


3052.212-70   Contract terms and conditions applicable to DHS 
acquisition of commercial items.

* * * * *

Contract Terms and Conditions Applicable to DHS Acquisition of 
Commercial Items (Sep 2012)

    (a) Provisions.

__3052.216-70 Evaluation of Offers Subject to An Economic Price 
Adjustment Clause.
__3052.219-72 Evaluation of Prime Contractor Participation in the 
DHS Mentor Prot[eacute]g[eacute] Program.
__3052.247-70 F.o.B. Origin Information.
__Alternate I
__Alternate II
__3052.247-71 F.o.B. Origin Only.
__3052.247-72 F.o.B. Destination Only.

    (b) Clauses.

__3052.203-70 Instructions for Contractor Disclosure of Violations.
__3052.204-70 Security Requirements for Unclassified Information 
Technology Resources.
__3052.204-71 Contractor Employee Access.
__Alternate I
__3052.205-70 Advertisement, Publicizing Awards, and Releases.
__Alternate I
__3052.209-72 Organizational Conflicts of Interest.
__3052.209-73 Limitation on Future Contracting.
__3052.215-70 Key Personnel or Facilities.
__3052.216-71 Determination of Award Fee.
__3052.216-72 Performance Evaluation Plan.
__3052.216-73 Distribution of Award Fee.
__3052.217-91 Performance. (USCG)
__3052.217-92 Inspection and Manner of Doing Work. (USCG)
__3052.217.93 Subcontracts. (USCG)
__3052.217.94 Lay Days. (USCG)
__3052.217-95 Liability and Insurance. (USCG)
__3052.217-96 Title. (USCG)
__3052.217.97 Discharge of Liens. (USCG)
__3052.217-98 Delays. (USCG)
__3052.217-99 Department of Labor Safety and Health Regulations for 
Ship Repair. (USCG)
__3052.217-100 Guarantee. (USCG)
__3052.219-71 DHS Mentor Prot[eacute]g[eacute] Program.
__3052.228-70 Insurance.
__3052.228-90 Notification of Miller Act Payment Bond Protection. 
(USCG)
__3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)
__3052.228.92 Fair Market Value of Aircraft. (USCG)
__3052.228-93 Risk and Indemnities. (USCG)
__3052.236-70 Special Provisions for Work at Operating Airports.
__3052.242-72 Contracting Officer's Representative.


(End of clause)
* * * * *


3052.217-92   [Amended]

0
64. Amend section 3052.217-92, in paragraph (e)(9), by removing the 
acronym ``COTR'' and adding ``COR'' in its place.


3052.217-96   [Amended]

0
65. Amend section 3052.217-96, in paragraph (b), by removing 
``equipments'' and adding ``equipment'' in its place.


3052.219-71  [Amended]

0
66. Amend section 3052.219-71, in the introductory text, by removing 
``48 CFR 3019.708-70(b)'' and adding ``48 CFR 3019.708-70(a)'' in its 
place.


3052.219-72  [Amended]

0
67. Amend section 3052.219-72, in the introductory text, by removing 
``48 CFR 3019.708-70(c)'' and adding ``48 CFR 3019.708-70(b)'' in its 
place.

0
68. Revise section 3052.242-72 to read as follows:


3052.242-72  Contracting officer's representative.

    As prescribed in (HSAR) 48 CFR 3042.7000, insert the following 
clause:

Contracting Officer's Representative (Dec 2003)

    (a) The Contracting Officer may designate Government personnel 
to act as the Contracting Officer's Representative (COR) to perform 
functions under the contract such as review or inspection and 
acceptance of supplies, services, including construction, and other 
functions of a technical nature. The Contracting Officer will 
provide a written notice of such designation to the Contractor 
within five working days after contract award or for construction, 
not less than five working days prior to giving the contractor the 
notice to proceed. The designation letter will set forth the 
authorities and limitations of the COR under the contract.
    (b) The Contracting Officer cannot authorize the COR or any 
other representative to sign documents, such as contracts, contract 
modifications, etc., that require the signature of the Contracting 
Officer.


(End of clause)

[[Page 17318]]

PART 3053--FORMS

0
69. Revise the authority citation for part 3053 to read as follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 
U.S.C. 1702, and 48 CFR subpart 1.3.


0
70. Amend section 3053.303 by revising the introductory text to read as 
follows:


2053.303  Agency forms.

    This section illustrates agency-specified forms. To access the DHS 
forms go to https://www.dhs.gov/publication/acquisition-forms.
* * * * *
[FR Doc. 2021-06176 Filed 4-1-21; 8:45 am]
BILLING CODE 4410-10-P