[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Proposed Rules]
[Page 61498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19316]


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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3015, 3016 and 3052

[Docket No. DHS-2009-005]
RIN 1601-AA43


Homeland Security Acquisition Regulation; Limitations on 
Subcontracting in Emergency Acquisitions; Withdrawal

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: DHS is withdrawing a proposed rule titled Limitations on 
Subcontracting in Emergency Acquisitions (HSAR Case 2009-005) and 
providing notice of its cancellation. The notice of proposed rulemaking 
proposed to amend the Homeland Security Acquisition Regulation (HSAR) 
to implement Limitations on Tiering of Subcontractors limiting the use 
of subcontractors on cost-reimbursement type contracts entered into by 
the Department to facilitate the response to or recovery from a natural 
disaster or act of terrorism or other man-made disaster.

DATES: The proposed rule published on June 9, 2010 (75 FR 32723) is 
withdrawn effective September 7, 2023.

ADDRESSES: Mail: Department of Homeland Security, Office of the Chief 
Procurement Officer, Acquisition Policy and Legislation, ATTN: 
Catherine Benavides, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 
20528.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Benavides, Procurement 
Analyst, DHS, Office of the Chief Procurement Officer, Acquisition 
Policy and Legislation at (202) 897-8301 or email [email protected]. When 
using email, include HSAR Case 2009-005 in the ``Subject'' line.

SUPPLEMENTARY INFORMATION: On June 9, 2010 the Department of Homeland 
Security (DHS) proposed to amend the Department of Homeland Security 
Acquisition Regulation (HSAR), 48 CFR chapters 15, 16 and 52 to provide 
notice to implement Public Law 109-295 Post-Katrina Emergency 
Management Reform Act (PKERMA), title VI, section 692, Limitations on 
Tiering of Subcontractors. Subsequently, title VIII, Section 866 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
resulted in government-wide changes to the Federal Acquisition 
Regulation to prevent excessive subcontracting, making Section 692 
unnecessary.
    DHS is withdrawing this proposed rule because Public Law 117-253, 
effective December 20, 2022, repealed Sec. 692 of the Post-Katrina 
Reform Act of 2006. Thus, DHS will not take any further action on this 
proposal.

Paul Courtney,
Chief Procurement Officer, Department of Homeland Security.
[FR Doc. 2023-19316 Filed 9-6-23; 8:45 am]
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