[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.
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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:
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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
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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]
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3. Amend Sec. 3001.301 as follows:
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a. In paragraph (a)(1) in the third sentence by removing
``Organizational Element (OE)'' and adding ``Component'' in its place.
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b. In paragraph (a)(2)(i) in the last sentence by removing ``OE'' and
adding ``Component'' in its place.
3001.301-70 [Amended]
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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]
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5. Amend Sec. 3001.303 as follows:
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a. In paragraph (a)(5) in the first sentence by removing
``Organizational
[[Page 48801]]
Element'' and adding ``Component'' in its place.
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b. In paragraph (a)(7) in the first sentence by removing ``OE'' and
adding ``Component'' in its place.
3001.304 [Amended]
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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]
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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]
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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]
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10. Amend Sec. 3002.270 by removing ``OE Organizational Element.''
PART 3003--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3003.203 [Amended]
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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]
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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]
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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]
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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
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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]
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16. Amend Sec. 3022.101-70 as follows:
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a. In paragraph (a) in the first sentence by removing ``Organizational
Elements'' and adding ``Components'' in its place.
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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]
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17. Amend Sec. 3023.501(d) by removing ``Organizational Element'' and
adding ``Component'' in its place.
3023.506 [Amended]
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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]
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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]
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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]
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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]
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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]
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23. Amend Sec. 3035.003(b) in the last sentence by removing ``OEs''
and adding ``Components'' in its place.
3035.017 [Amended]
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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]
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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]
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26. Amend Sec. 3052.101 as follows:
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a. In paragraph (b)(2)(i)(A), in the second sentence, by removing
``OEs'' and adding ``Components'' in its place.
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b. In paragraph (b)(2)(i)(B), in the first sentence, by removing ``OE''
and adding ``Component'' in its place.
3052.204-70 [Amended]
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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]
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28. Amend Sec. 3052.204-71, ALTERNATE I as follows:
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a. In paragraph (i) in the first sentence by removing ``OE'' and adding
``Component'' in its place.
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b. In paragraph (k) in the first sentence by removing ``Organizational
Element'' and adding ``Component'' in its place.
PART 3053--FORMS
3053.101 [Amended]
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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]
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