[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3001.104]



[Page 61]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 

                      ACQUISITION REGULATION (HSAR)

 

PART 3001_FEDERAL ACQUISITION REGULATIONS SYSTEM--Table of Contents

 

               Subpart 3001.1_Purpose, Authority, Issuance

 

Sec. 3001.104  Applicability.



    (a) The following order of precedence applies to resolve any 

acquisition regulation or procedural inconsistency found within HSAR or 

the Homeland Security Acquisition Manual (HSAM):

    (1) Statute;

    (2) FAR or other applicable regulation or Executive Order;

    (3) HSAR;

    (4) Department of Homeland Security (DHS) Directives; and

    (5) HSAM.

    (b) The Transportation Security Administration (TSA) exception to 

this regulation is authorized by the Aviation and Transportation 

Security Act of 2001 (Section 101(a) of Public Law 107-71). However, see 

(HSAR) 48 CFR 3033.211, regarding Board of Contract Appeals (BCA).

    (c) For nonappropriated fund contracts, the FAR and HSAR will be 

followed to the maximum extent feasible excluding provisions determined 

by counsel not to apply to Nonappropriated Fund institutions (NAFIs). 

Contracting terms may provide for mutual agreement as to the Board of 

Contract Appeals jurisdiction but this policy will not confer court 

jurisdiction concerning NAFIs that does not otherwise exist.



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