[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Proposed Rules]
[Pages 11512-11517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5795]
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DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3009 and 3052
[Docket No. DHS-2009-0017]
RIN 1601-AA55
Prohibition on Federal Protective Service Guard Services
Contracts With Business Concerns Owned, Controlled, or Operated by an
Individual Convicted of a Felony [HSAR Case 2009-001]
AGENCY: Department of Homeland Security (DHS).
ACTION: Proposed rule with request for comments.
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SUMMARY: DHS is proposing to amend the Homeland Security Acquisition
Regulation (HSAR) to prohibit DHS from awarding a Federal Protective
Service (FPS) contract for guard services to a business concern that is
owned, controlled, or operated by an individual who has been convicted
of a serious felony. The rule is necessary to implement the provisions
of Public Law 110-356, the Federal Protective Service Guard Contracting
Reform Act of 2008.
DATES: Comment date: Interested parties should submit written comments
to the
[[Page 11513]]
Department of Homeland Security, Office of the Chief Procurement
Officer, Acquisition Policy and Legislation, on or before April 17,
2009.
ADDRESSES: Please submit written comments, identified by agency name
and docket number DHS-2009-0017, by one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
(2) By mail to the Department of Homeland Security, Office of the
Chief Procurement Officer, Acquisition Policy and Legislation, ATTN:
Gloria Sochon, 245 Murray Drive, Bldg. 410 (RDS) Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Gloria Sochon, Senior Procurement
Analyst, at (202) 447-3507 for clarification of content. Please cite
HSAR Case 2008-002.
SUPPLEMENTARY INFORMATION:
I. Request for Comments
II. Background
III. Discussion of Proposed Rule
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
I. Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views and arguments on all aspects of this rule.
Comments should be organized by HSAR Part, and address the specific
section that is being commented on. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. See ADDRESSES above for information on
how to submit comments. If you submit comments by mail, please submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you would like DHS to acknowledge
receipt of comments submitted by mail, please enclose a self addressed
stamped post card or envelope. DHS will consider all comments and
material received during the comment period.
Docket: For access to the docket in order to read background
documents or comments received, go to http://www.regulations.gov.
II. Background
Public Law 110-356, the Federal Protective Service Guard
Contracting Reform Act of 2008, prohibits DHS from awarding an FPS
contract for guard services to any business concern that is owned,
controlled, or operated by an individual who has been convicted of a
felony. The proposed rule would implement this prohibition, identify
which serious felonies may prohibit a contractor from being awarded a
contract; require contractors to provide information regarding any
relevant felony convictions when submitting bids or proposals; provide
guidelines for the contracting officer to assess present
responsibility, mitigating factors, and the risk associated with the
previous conviction, and allow the contracting officer to award a
contract under certain circumstances.
The rule proposes that felonies which cast doubt on the integrity
or business ethics of a business concern or are of a nature that is
inconsistent with the mission of the Federal Protective Service are
serious felonies which will prohibit a business concern from being
awarded an FPS contract for guard services. Examples of serious felony
convictions may include, but are not limited to: Fraud arising out of a
contract with the federal, state or local government; bribery, graft or
a conflict of interest; threatened or actual harm to a government
official, family member or government property; crimes of violence;
threat to national security; commercial bribery; counterfeiting,
forgery or trafficking in vehicles the identification numbers of which
have been altered; obstruction of justice, perjury or subornation of
perjury, or bribery of a witness; felony for attempt to evade or defeat
Federal tax or felony for willful failure to collect or pay over
Federal tax.
The proposed HSAR clause will require offerors to disclose whether
they are or are not a business concern owned, controlled or operated by
an individual convicted of a felony. If an offeror represents that they
are owned, controlled or operated by an individual convicted of a
felony they will need to submit a new award request with their bid or
proposal or a previously approved award request. The award request will
provide the basis for the request and details regarding the felony
conviction to include: Name and date of birth of the individual
convicted of a felony, the age of the conviction, nature and
circumstances surrounding the conviction, protective measures taken by
the individual or business concern to reduce or eliminate the risk of
further misconduct, whether the individual has made full restitution
for the felony and whether the individual has accepted responsibility
for past misconduct resulting in the felony conviction.
The proposed clause also provides that after award of an Indefinite
Delivery/Indefinite Quantity Contract, Blanket Purchase Agreement, or
other contractual instrument that may result in the issuance of task
orders, calls, or exercise of options to extend the term of the
contract, the contractor must provide notice of a felony conviction of
any person who owns, controls, or operates the business concern. The
contracting officer will review the conviction and make a new
determination of eligibility prior to the issuance of any task order,
call, or exercise of any option.
The proposed rule would allow the contracting officer to review the
basis for the award request and assess the risk associated with the
felony conviction. Under certain circumstances, the contracting officer
could award a contract for guard services to a business concern owned,
controlled or operated by an individual convicted of a felony. Prior to
such an award, the contracting officer will need to obtain the approval
of the Head of the Contracting Activity for U.S. Immigration and
Customs Enforcement.
III. Discussion of Proposed Rule
The proposed rule would revise HSAR 48 CFR 3009.1 and add a clause
3052.209-XX to implement Public Law 110-356. It also makes technical
corrections to HSAR 48 CFR 3009.1.
IV. Regulatory Requirements
A. Executive Order 12866 Assessment
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. The rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Homeland Security certifies that the proposed
rule amending HSAR 48 CFR 3009.1 and 3052.209 will not, if promulgated,
have a significant impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq. The factual basis for certification is presented in the following
analysis of the economic effects of the proposed rule. Application of
the rule is limited to offerors or contractors providing guard services
under the Federal Protective Service contract security guard program.
Further, for these offerors and contractors, the economic impact of the
rule is not expected to be substantial. Currently, FPS administers a
contract inventory consisting of approximately 125 contract vehicles
for guard services with 46 different guard service vendors. These FPS
contracts provide 14,000 contract guards to protect 9,000 federal
facilities. In FY2008, DHS issued
[[Page 11514]]
approximately 47 solicitations for guard services and awarded 55
contracts. For each solicitation issued, an average of 10 offerors
responded.
The 46 vendors that provide guard services to FPS represent less
than one percent of the industry. In 2005, the Small Business
Administration, based on Bureau of Census data, estimated that there
were 4,853 firms in Security Guards and Patrol Services Industry, North
American Industry Classification System (NAICS) 561612 (Reference
Federal Register notices of November 10, 2005 (70 FR 68368) and June
30, 2006 (71 FR 37490)). The Central Contractor Registration database
(http://www.ccr.gov) currently lists 5,784 active records for NAICS
561612. Of these, 2,361, or 41 percent are identified as small
businesses.
Only those vendors that represent that they are owned, controlled,
or operated by an individual convicted of a felony will need to submit
a new award request with their bid or proposal or a previously approved
award request. After award, a contractor will need to disclose felony
convictions that occur during the term of the contract. DHS estimates
that this may affect ten percent of offerors (fewer than 50 per year -
47 solicitations x 10 offerors per solicitation x .1) and ten percent
of contractors (fewer than five per year--46 guard service vendors x
.1)). The award request must provide the basis for the request and
details regarding the felony conviction to include: The age of the
conviction, nature and circumstances surrounding the conviction,
protective measures taken by the individual or business concern to
reduce or eliminate the risk of further misconduct, whether the
individual has made full restitution for the felony and whether the
individual has accepted responsibility for past misconduct resulting in
the felony conviction. Under certain circumstances, the contracting
officer may still award a contract for guard services to a business
concern owned, controlled or operated by an individual convicted of a
felony. Only those felonies that cast doubt on the integrity or
business ethics of the business concern or are of a nature that are
inconsistent with the mission of the Federal Protective Service will
prohibit a business concern from being awarded an FPS contract for
guard services. Examples of serious felony convictions may include, but
are not limited to: fraud arising out of a contract with the federal,
state or local government, bribery, graft or a conflict of interest,
threatened or actual harm to a government official, family member or
government property, crimes of violence, threat to national security,
commercial bribery, counterfeiting, forgery or trafficking in vehicles
the identification numbers of which have been altered, obstruction of
justice, perjury or subornation of perjury, or bribery of a witness,
felony for attempt to evade or defeat Federal tax or felony for willful
failure to collect or pay over Federal tax.
Therefore, DHS has not performed an initial regulatory flexibility
analysis. DHS invites comments from small businesses and other
interested parties. DHS also will consider comments from small entities
concerning the affected HSAR subpart in accordance with 5 U.S.C. 610.
Such comments should be submitted separately and should cite HSAR Case
2008-0002.
C. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies because
the rule contains information collection requirements.
(1) The clause at 3052.209-XX requires each offeror for FPS
contract guard services to disclose whether it is owned, controlled or
operated by an individual convicted of a felony. The representation is
necessary to evaluate the offeror's responsibility related to
performing the required services in accordance with Public Law 110-356.
An offeror that is owned, controlled or operated by a felon must also
submit an award request with supporting documentation. DHS has
determined that the burden for the responses is within the total
estimated burden for information requested from prospective contractors
in response to agency-issued solicitations approved under OMB Control
No. 1600-0005. Based on FY2008 statistics, DHS has approximately 470
respondents to solicitations for contract guard services per year (47
solicitations with an average of 10 offers per solicitation), all of
whom will make the representation. Of these, DHS estimates that 10
percent (47 per year) may submit award requests. DHS estimates the
total burden on offerors to be 211.5 hours. This represents .1 percent
of the total burden hours under OMB Control No. 1600-0005.
(2) The clause at 3052.209-XX requires the contractor to report
felony convictions after award of an Indefinite Delivery/Indefinite
Quantity Contract, Blanket Purchase Agreement, or other contractual
instrument that may result in the issuance of task orders, calls, or
exercise of options to extend the term of the contract. The notice
applies to a felony conviction of any person who owns, controls, or
operates the business concern. DHS has determined that the burden for
the responses is within the total estimated burden for information
requested from contractors in response to OMB Control No. 1600-003 for
information requested from contractors as part of post-contract award
administration by DHS acquisition officials. DHS has 125 contracts for
FPS guard services. Of these, DHS estimates that 10 percent will also
submit a notice of felony conviction. DHS estimates the total burden on
contractors to be 25 hours. This represents less than .001 percent of
the total burden hours under OMB Control No. 1600-0003.
List of Subjects in 48 CFR Parts 3009 and 3052
Government procurement.
Richard K. Gunderson,
Acting Chief Procurement Officer, Department of Homeland Security.
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Accordingly, DHS amends 48 CFR parts 3009 and 3052 as follows:
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1. The authority citation for 48 CFR parts 3009 and 3052 continues to
read as follows:
Authority: 41 U.S.C. 418b (a) and (b).
PART 3009--CONTRACTOR QUALIFICATIONS
0
2. Redesignate section 3009.104-70 as section 3009.170 and redesignate
sections 3009.104-71 through 3009.104-75 as sections 3009.170-1 through
3009.170-5, respectively.
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3. Add sections 3009.171 through 3009.171-9 to subpart 3009.1 to read
as follows:
3009.171 Prohibition on Federal Protective Service guard services
contracts with business concerns owned, controlled, or operated by an
individual convicted of a felony.
3009.171-1 General.
Except as provided in HSAR 48 CFR 3009.171-6, the Department of
Homeland Security (DHS) may not enter into a contract for guard
services under the Federal Protective Service (FPS) guard services
program with any business concern owned, controlled, or operated by an
individual convicted of a serious felony.
3009.171-2 Definitions.
As used in this subpart--
Business concern means a commercial enterprise and the people who
constitute it.
Convicted of a felony means any conviction of a felony in violation
of state or federal criminal statutes, including the Uniform Code of
Military Justice, whether entered on a verdict or
[[Page 11515]]
plea, including a plea of nolo contendere, for which a sentence has
been imposed.
Felony means an offense punishable by death or imprisonment for a
term exceeding one year.
Individual means any person, corporation, partnership, or other
entity with a legally independent status.
3009.171-3 Determination of eligibility for award of FPS guard service
contracts.
(a) Contracting officers shall make a determination of eligibility
for award of FPS guard service contracts upon identification of the
apparent successful offeror as a result of a solicitation for offers
(b) Contractors shall be required to immediately notify the
contracting officer in writing upon any felony conviction of personnel
who own, control or operate a business concern as defined in (HSAR) 48
CFR 3009.171-4 at any time during the duration of an Indefinite
Delivery/Indefinite Quantity Contract, Blanket Purchase Agreements, or
other contractual instrument that may result in the issuance of task
orders, calls or option to extend the terms of a contract. Upon
notification of a felony conviction the contracting officer will review
and make a new determination of eligibility prior to the issuance of
any task order, call or exercise of an option.
3009.171-4 Determination of ownership, control, or operation.
(a) The extent to which an individual owns, controls, or operates a
business concern is determined on a case-by-case basis and depends on
the specific facts of the individual's situation. Upon the request of
the contracting officer, and prior to contract award, such individual
must provide documentation to the contracting officer to use in
determining ownership, control, or operation. The refusal to provide or
to timely provide such documentation may serve as grounds to preclude
contract award.
(b) The interest of a spouse or other family member in the same
business concern will be imputed to the individual in determining the
extent to which the individual owns, controls, or operates the business
concern.
(c) The following are examples of when an individual owns,
controls, or operates a business concern. The examples are not
inclusive.
(1) The individual is the president or chief executive officer of
the business concern.
(2) The individual is a senior level executive within the business
concern, such as the Chief Financial Officer, Chief Operating Officer
or Chief contracting official.
(3) The individual is a general partner in the business concern.
(4) An individual who is a general partner in a limited partnership
has control. An individual with a limited partnership interest of 25%
or more has ownership or control.
(5) An individual owns, controls, or operates a business concern
when the individual has the:
(i) Power to vote, directly or indirectly, 25% or more interest in
any class of voting stock of the business concern;
(ii) Ability to direct in any manner the election of a majority of
the business concern's directors or trustees; or
(iii) Ability to exercise a controlling influence over the business
concern's management and policies.
3009.171-5 Serious felonies prohibiting award.
(a) Not all felony convictions will prohibit a business concern
from being awarded a contract for FPS guard services. Those felonies
that cast doubt on the integrity or business ethics of the business
concern, or are of a nature that are inconsistent with the mission of
the Federal Protective Service, are considered serious felonies that
will prohibit contract award.
(b) The following are examples of serious felonies prohibiting
contract award.
(1) Conviction of a felony involving fraud arising out of a
contract with the federal, state or local government.
(2) Conviction of a felony for bribery, graft or a conflict of
interest.
(3) Conviction of a felony involving threatened or actual harm to a
government official or family member.
(4) Conviction of a felony involving threatened or actual harm to
government property.
(5) Conviction of a felony involving a crime of violence.
(6) Conviction of a felony involving a threat to national security.
(7) Conviction of a felony for commercial bribery, counterfeiting,
forgery or trafficking in vehicles the identification numbers of which
have been altered.
(8) Conviction of a felony for obstruction of justice, perjury or
subornation of perjury, or bribery of a witness.
(9) Conviction of a felony for attempt to evade or defeat Federal
tax.
(10) Conviction of a felony for willful failure to collect or pay
over Federal tax.
(11) Conviction on any other felony that meets the criteria of
paragraph (a) of this subsection.
3009.171-6 Guidelines for contracting officers.
(a) In accordance with FAR subpart 9.4, a contracting officer may
not award a contract for FPS guard services to any business concern
that is suspended, debarred or proposed for debarment unless the agency
head determines that there is a compelling reason for such action.
(b) The contracting officer shall not award a contract for FPS
guard services to any business concern that is otherwise nonresponsible
on the same contract.
(c) The contracting officer shall not award an FPS guard services
contract to any business concern that is owned, controlled or operated
by an individual convicted of a serious felony as defined in (HSAR) 48
CFR 3009.171-5 except as provided in paragraph (e) of this subsection.
(d) In making the determination of (HSAR) 48 CFR 3009.171-7, the
contracting officer may not review the fact of the conviction itself,
but may consider any information provided by the individual or business
concern, and any information known to the contracting officer. Factors
that the contracting officer may consider include, but are not limited
to:
(1) The age of the conviction.
(2) The nature and circumstances surrounding the conviction.
(3) Protective measures taken by the individual or business concern
to reduce or eliminate the risk of further misconduct.
(4) Whether the individual has made full restitution for the
felony.
(5) Whether the individual has accepted responsibility for past
misconduct resulting in the felony conviction.
(e) The contracting officer may determine that the conviction of an
otherwise serious felony is of such age, or committed under such
circumstances, that the underlying felonious misconduct no longer calls
into question the individual or business concern's integrity or
business ethics, or that it is not inconsistent with the mission of the
Federal Protective Service. Any such determination must be approved by
the Head of the Contracting Activity (HCA) for U.S. Immigration and
Customs Enforcement.
3009.171-7 Contract award approval procedures for contractors with
felony convictions.
(a) The HCA for U.S. Immigration and Customs Enforcement has sole
discretion to approve a request to permit award of a contract for FPS
guard services to a business concern owned,
[[Page 11516]]
controlled, or operated by an individual convicted of a felony, for any
reason permitted by this regulation. This authority is not delegable.
(b) A business concern owned, operated or controlled by an
individual convicted of a felony may submit an award request to the
contracting officer. The basis for such request shall be that the
subject felony is not a serious felony as defined by this regulation,
or that such individual no longer owns, controls or operates the
business concern. The business concern shall bear the burden of proof
for award requests.
(c) A copy of the award approval request with supporting
documentation or the approved request shall be attached with the bid or
proposal.
(d) An award approval request shall contain the basis for the
request. If the basis for the request is that the subject felony is not
a serious felony as defined by this regulation the award approval
request shall contain, at a minimum, the following information:
(1) Name and Date of Birth of Individual Convicted of a felony
(2) Date sentenced
(3) Statute/Charge
(4) Docket/Case Number
(5) Court/Jurisdiction
(6) The nature and circumstances surrounding the conviction
(7) Protective measures taken by the individual or business concern
to reduce or eliminate the risk of further misconduct.
(8) Whether the individual has made full restitution for the felony
(9) Whether the individual has accepted responsibility for past
misconduct resulting in the felony conviction.
(e) If the contracting officer is unable to affirmatively determine
that the subject felony is not a serious felony as defined by this
regulation, or that such individual no longer owns, controls or
operates the business concern, the contracting officer shall deny the
award approval request and not forward such request to the HCA for U.S.
Immigration and Customs Enforcement
(f) If the contracting officer affirmatively determines that the
subject felony is not a serious felony as defined by this regulation,
or that such individual no longer owns, controls or operates the
business concern, the contracting officer shall refer the request to
the HCA for U.S. Immigration and Customs Enforcement with a
recommendation that the request be approved.
3009.171-8 Ineligible contractors.
Any business concern determined to be ineligible for award under
(HSAR) 48 CFR 3009.171-4 shall be ineligible to receive a contract for
guard services under the Federal Protective Service guard program until
such time as:
(a) The concern demonstrates that it has addressed and resolved the
issues that resulted in the determination of ineligibility, and
(b) Either:
(1) The contracting officer makes an affirmative determination that
the business concern is not owned, operated, or controlled by an
individual convicted of a felony based on current information, or
(2) The HCA for U.S. Immigration and Customs Enforcement approves
an award request under (HSAR) 48 CFR 3009.171-6.
3009.171-9 Clause.
Insert the clause (HSAR) 48 CFR 3052.209-XX, Prohibition on Federal
Protective Service guard services contracts with business concerns
owned, controlled, or operated by an individual convicted of a felony,
in all solicitations and contracts for FPS guard services.
PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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4. Add section 3052.209-XX as follows:
3052.209-XX Prohibition on Federal Protective Service guard services
contracts with business concerns owned, controlled, or operated by an
individual convicted of a felony
As prescribed at (HSAR) 48 CFR 3009.171-9, insert the following
clause:
Prohibition on Federal Protective Service Guard Services Contracts With
Business Concerns Owned, Controlled, or Operated by an Individual
Convicted of a Felony (Date)
(a) Prohibitions. Section 2 of the Federal Protective Service
Guard Contracting Reform Act of 2008, Public Law 110-356, prohibits
the Department of Homeland Security from entering into a contract
for guard services under the Federal Protective Service (FPS) guard
services program with any business concern owned, controlled, or
operated by an individual convicted of a serious felony.
(b) Definitions. As used in this clause:
Business concern means a commercial enterprise and the people
who constitute it.
Felony means an offense punishable by death or imprisonment for
a term exceeding one year.
Convicted of a felony means any conviction of a felony in
violation of state or federal criminal statutes, including the
Uniform Code of Military Justice, whether entered on a verdict or
plea, including a plea of nolo contendere, for which a sentence has
been imposed.
Individual means any person, corporation, partnership, or other
entity with a legally independent status.
(c) The extent to which an individual owns, controls, or
operates a business concern is determined on a case-by-case basis
and depends on the specific facts of the individual's situation.
Upon the request of the Contracting Officer, and prior to contract
award, such individual must provide documentation to the Contracting
Officer to use in determining ownership, control, or operation. The
refusal to timely provide such documentation may serve as grounds to
preclude contract award.
(1) The interest of a spouse or other family member in the same
organization will be imputed to the individual in determining the
extent to which the individual owns, controls, or operates a
business concern.
(2) The following are examples of when an individual owns,
controls, or operates a business concern. The examples are not
inclusive.
(i) The individual is the president or chief executive officer
of the business concern.
(ii) The individual is a senior level executive within the
business concern, such as the Chief Financial Officer, Chief
Operating Officer or Chief contracting official.
(iii) The individual is a general partner in the business
concern.
(iv) An individual who is a general partner in a limited
partnership has control. An individual with a limited partnership
interest of 25% or more has ownership or control.
(v) An individual owns, controls, or operates a business concern
when the individual has the:
(A) Power to vote, directly or indirectly, 25% or more interest
in any class of voting stock of the business concern; Ability to
direct in any manner the election of a majority of the business
concern's directors or trustees; or
(B) Ability to exercise a controlling influence over the
business concern's management and policies.
(d) Award request.
(1) A business concern owned, operated or controlled by an
individual convicted of a felony may submit an award request to the
Contracting Officer. The basis for such request shall be that the
subject felony is not a serious felony as defined by this
regulation, or that such individual no longer owns, controls or
operates the business concern. The business concern shall bear the
burden of proof for award requests.
(2) If the Contracting Officer, in his or her sole discretion,
is unable to affirmatively determine that the subject felony is not
a serious felony as defined by this regulation, or that such
individual no longer owns, controls or operates the business
concern, the Contracting Officer shall deny the award request. The
Head of the Contracting Activity for U.S. Immigration and Customs
Enforcement has sole discretion to approve an award request.
(3) A copy of the award request with supporting documentation or
the approved award request shall be attached with the bid or
proposal.
(4) An award request shall contain the basis for the request. If
the basis for the
[[Page 11517]]
request is that the subject felony is not a serious felony as
defined by this regulation the award request shall contain, at a
minimum, the following information:
(i) Name and Date of Birth of Individual Convicted of a felony.
(ii) Date sentenced.
(iii) Statute/Charge.
(iv) Docket/Case Number.
(v) Court/Jurisdiction.
(vi) The nature and circumstances surrounding the conviction.
(vii) Protective measures taken by the individual or business
concern to reduce or eliminate the risk of further misconduct.
(viii) Whether the individual has made full restitution for the
felony
(ix) Whether the individual has accepted responsibility for past
misconduct resulting in the felony conviction.
(e) Privacy Statement. The offeror will provide the following
statement to any individual whose information will be submitted in
an award request pursuant to paragraph (d)(4) of this clause.
Privacy Act Notice. The collection of this information is
authorized by the Federal Protective Service Guard Contracting
Reform Act of 2008 (Pub. L. 110-356) and Department of Homeland
Security (DHS) implementing regulations at Homeland Security
Acquisition Regulation (HSAR) 48 CFR 3009.171. This information is
being collected to determine whether an individual that owns,
controls, or operates the business concern submitting this offer has
been convicted of a felony that would disqualify the offeror from
receiving an award. This information will be used by and disclosed
to DHS personnel and contractors or other agents who require this
information to determine whether an award request should be approved
or denied. Additionally, DHS may share this personal information
with the U.S. Justice Department and other Federal and State
agencies for collection, enforcement, investigatory, or litigation
purposes, or as otherwise authorized pursuant to its published
Privacy Act system of records notice. Submission of this information
by the individual is voluntary, however, failure to provide it may
result in denial of an award to the offeror.
(f) Disclosure. The offeror under this solicitation represents
that [Check one]:
----it is not a business concern owned, controlled, or operated by
an individual convicted of a felony; or
----it is a business concern owned, controlled, or operated by an
individual convicted of a felony, and has submitted an award request
pursuant to paragraph (d) of this clause.
(g) If a request is applied for, the offeror shall attach the
request with supporting documentation, to the bid or proposal. The
supporting documentation may include copies of prior award requests
granted to the offeror.
(h) The notification in this paragraph applies if this is an
indefinite delivery/indefinite quantity contract, blanket purchase
agreement, or other contractual instrument that may result in the
issuance of task orders, calls or option to extend the terms of a
contract. The Contractor must immediately notify the Contracting
Officer in writing upon any felony conviction of personnel who own,
control or operate a business concern as defined in paragraph (c) of
this clause at any time during the performance of this contract.
Upon notification of a felony conviction the Contracting Officer
will review and make a new determination of eligibility prior to the
issuance of any task order, call or exercise of an option.
(End of clause)
[FR Doc. E9-5795 Filed 3-17-09; 8:45 am]
BILLING CODE 4410-10-P