Homeland Security Acquisition Regulation

Department of
Homeland Security
Acquisition
Regulation

JUNE 2006

06-01-2006

HSAR

CHAPTER 30 — DEPARTMENT OF HOMELAND SECURITY
HOMELAND SECURITY ACQUISITION REGULATION (HSAR)
SUBCHAPTER A - GENERAL
PART 3001

FEDERAL ACQUISITION REGULATIONS SYSTEM
Subpart 3001.1
Purpose, Authority, Issuance
Subpart 3001.3
Agency Acquisition Regulations
Subpart 3001.4
Deviations from the FAR
Subpart 3001.6
Career Development, Contracting
Authority, and Responsibilities
Subpart 3001.7
Determinations and Findings
Subpart 3001.70
Other Determinations, Waivers, Exceptions,
Approvals, Reviews, and Submittals

PART 3002

DEFINITIONS OF WORDS AND TERMS
Subpart 3002.1
Definitions
Subpart 3002.270
Abbreviations

PART 3003

IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
Subpart 3003.1
Safeguards
Subpart 3003.2
Contractor Gratuities to Government Personnel
Subpart 3003.3
Reports of Suspected Antitrust Violations
Subpart 3003.4
Contingent Fees
Subpart 3003.5
Other Improper Business Practices
Subpart 3003.9
Whistleblower Protections for Contractor
Employees

PART 3004

ADMINISTRATIVE MATTERS
Subpart 3004.1
Contract Execution
Subpart 3004.4
Safeguarding Classified and Sensitive Information
within Industry
Subpart 3004.8
Government Contract Files
SUBCHAPTER B – ACQUISITION PLANNING

PART 3005

PUBLICIZING CONTRACT ACTIONS
Subpart 3005.4
Release of Information
Subpart 3005.90
Publicizing Contract Actions for Personal Services
Contracting

PART 3006

COMPETITION REQUIREMENTS
Subpart 3006.1
Full and Open Competition

TOC-1

06-01-2006

HSAR
Subpart 3006.2
Subpart 3006.3
Subpart 3006.5
Subpart 3006.90

Full and Open Competition after Exclusion of
Sources
Other Than Full and Open Competition
Competition Advocates
Competition Requirements for Personal Services
Contracting

PART 3007

ACQUISITION PLANNING – [RESERVED]

PART 3008

REQUIRED SOURCES OF SUPPLIES AND SERVICES –
[RESERVED]

PART 3009

CONTRACTOR QUALIFICATIONS
Subpart 3009.1
Responsible Prospective Contractors
Subpart 3009.4
Debarment, Suspension, and Ineligibility
Subpart 3009.5
Organizational and Consultant Conflicts of Interest

PART 3010

MARKET RESEARCH – [RESERVED]

PART 3011

DESCRIBING AGENCY NEEDS
Subpart 3011.1
Selecting and Developing Requirements Documents
Subpart 3011.2
Using and Maintaining Requirements Documents
Subpart 3011.5
Liquidated Damages
Subpart 3011.6
Priorities and Allocations

PART 3012

ACQUISITION OF COMMERCIAL ITEMS – [RESERVED]

SUBCHAPTER C – CONTRACT METHODS AND CONTRACT TYPES
PART 3013

SIMPLIFIED ACQUSITION PROCEDURES
Subpart 3013.1
[Removed]
Subpart 3013.3
[Removed]
Subpart 3013.70
Special Streamlined Acquisition Authority

PART 3014

SEALED BIDDING – [RESERVED]

PART 3015

CONTRACTING BY NEGOTIATION
Subpart 3015.2
Solicitation and Receipt of Proposals and
Information
Subpart 3015.4
[Removed]
Subpart 3015.6
Unsolicited Proposals

PART 3016

TYPES OF CONTRACTS
Subpart 3016.2
Fixed-Price Contracts
Subpart 3016.4
Incentive Contracts
Subpart 3016.5
Indefinite-Delivery Contracts

TOC-2

06-01-2006

HSAR
Subpart 3016.6

PART 3017

Time-and-Materials, Labor Hour, and Letter
Contracts

SPECTIAL CONTRACTING METHODS
Subpart 3017.2
Options
Subpart 3017.4
Leader Company Contracting
Subpart 3017.70
[Removed]
Subpart 3017.90
Fixed price Contracts for Vessel Repair, Alteration
or Conversion

PART 3018 – [RESERVED]
SUBCHAPTER D – SOCIOECONOMIC PROGRAMS
PART 3019

SMALL BUSINESS PROGRAMS
Subpart 3019.2
Policies
Subpart 3019.7
The Small Business Subcontracting Program

PART 3020 – [RESERVED]
PART 3021 – [RESERVED]
PART 3022

APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Subpart 3022.1
Basic Labor Policies
Subpart 3022.4
Labor Standards for Contracts Involving
Construction
Subpart 3022.90
Local Hire (USCG).

PART 3023

ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY,
AND DRUG-FREE WORKPLACE
Subpart 3023.3
Hazardous Material Identification and Material
Safety Data
Subpart 3023.5
Drug-Free Workplace
Subpart 3023.10
Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
Subpart 3023.90
Safety Requirements for USCG Contracts

PART 3024

PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION
Subpart 3024.1
Protection of Individual Privacy
Subpart 3024.2
Freedom of Information Act

PART 3025

FOREIGN ACQUISITION – [RESERVED]

PART 3026

OTHER SOCIOECONOMIC PROGRAMS – [RESERVED]

TOC-3

06-01-2006

HSAR

PART 3027

PATENTS, DATA AND COPYRIGHTS
Subpart 3027.2
Patents
Subpart 3027.3
Patent Rights Under Government Contracts
Subpart 3027.4
Rights in Data and Copyrights

PART 3028

BONDS AND INSURANCE
Subpart 3028.1
Bonds and Other Financial Protection
Subpart 3028.3
Insurance

SUBCHAPTER E – GENERAL CONTRACTING REQUIREMENTS
PART 3029 TAXES – [RESERVED]
PART 3030

COST ACCOUNTING STANDARDS ADMINISTRATION
Subpart 3030.2
CAS Program Requirements

PART 3031

CONTRACT COST PRINCIPLES AND PROCEDURES
Subpart 3031.2
Contracts with Commercial Organizations.

PART 3032

CONTRACT FINANCING
Subpart 3032.0
Scope of Part
Subpart 3032.1
Non-Commercial Item Purchase Financing
Subpart 3032.11
Electronic Funds Transfer

PART 3033

PROTESTS, DISPUTES, AND APPEALS
Subpart 3033.2
Disputes and Appeals

PART 3034

MAJOR SYSTEM ACQUISITION – [RESERVED]

SUBCHAPTER F – SPECIAL CATEGORIES OF CONTRACTING
PART 3035

RESEARCH AND DEVELOPMENT CONTRACTING
Subpart 3035.0
Scope of Part
Subpart 3035.70
Information Dissemination by Educational
Institutions

PART 3036

CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 3036.2
Special Aspects of Contracting for Construction
Subpart 3036.5
Contract Clauses

PART 3037

SERVICE CONTRACTING
Subpart 3037.1
Service Contracts - General

PART 3038

FEDERAL SUPPLY SCHEDULE CONTRACTING – [RESERVED]

TOC-4

06-01-2006
PART 3039

HSAR
ACQUISITION OF INFORMATION TECHNOLOGY –
[RESERVED]

PART 3040 – [RESERVED]
PART 3041

ACQUSITION OF UTILITY SERVICES – [RESERVED]
SUBCHAPTER G – CONTRACT MANAGEMENT

PART 3042

CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 3042.2
Contract Administration Services
Subpart 3042.15
Contractor Performance Information
Subpart 3042.70
Contracting Officer’s Technical Representative

PART 3043

CONTRACT MODIFICATIONS – [RESERVED]

PART 3044

SUBCONTRACTING POLICIES AND PROCEDURES [RESERVED]

PART 3045

GOVERNMENT PROPERTY
Subpart 3045.5
Management of Government Property in the
Possession of Contractors

PART 3046

QUALITY ASSURANCE
Subpart 3046.7
Warranties
Subpart 3046.790
Use of Warranties in Major Systems Acquisitions
by the USCG (USCG).

PART 3047

TRANSPORTATION
Subpart 3047.3
Transportation in Supply Contracts

PART 3048

VALUE ENGINEERING – [RESERVED]

PART 3049

TERMINATION OF CONTRACTS – [RESERVED]

PART 3050

EXTRAORDINARY CONTRACTUAL ACTIONS –
[RESERVED]

PART 3051

USE OF GOVERNMENT SOURCES BY CONTRACTORS –
[RESERVED]
SUBCHAPTER H – CLAUSES AND FORMS

PART 3052

SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 3052.1
Instructions for Using Provisions and Clauses
Subpart 3052.2
Text of Provisions and Clauses

TOC-5

06-01-2006

PART 3053

HSAR

FORMS
Subpart 3053.1
Subpart 3053.2
Subpart 3053.3

General
Prescription of Forms
Illustrations of Forms

TOC-6

HSAR - RECORD OF NOTICES
HSAR NOTICE
NUMBER

DATE OF
CHANGE

PAGE NUMBERS CHANGED

Technical Amendment
August 22, 2006
71 FR 48800

1-3 to 1-7, 2-1 to 2-3, 3-2, 6-1, 11-2, 16-2,
17-1, 22-1, 23-1, 24-1, 27-1, 28-2, 31-1,
35-1, 42-1, 52-2, 52-4, 52-6, and 53-1

Interim Rule
72 FR 1296

1-2, 1-3, 2-1, 2-3, and 33-1.

January 11, 2007

06-01-2006
PART

3001

Subpart 3001.1
3001.101
3001.102
3001.104
3001.105
3001.105-1
3001.105-2
3001.105-3
3001.106

HSAR
FEDERAL ACQUISITION REGULATIONS SYSTEM
Purpose, Authority, Issuance
Purpose.
Statement of Guiding Principles for the Federal Acquisition
System.
Applicability.
Issuance.
Publication and code arrangement.
Arrangement of regulations.
Copies.
OMB Approval under the Paperwork Reduction Act.

Subpart 3001.3
3001.301
3001.301-70
3001.301-71
3001.301-72
3001.303
3001.304

Agency Acquisition Regulations
Policy.
Amendment of HSAR.
Effective date.
HSAC or HSAR Notice numbering.
Publication and codification.
Agency control and compliance procedures.

Subpart 3001.4
3001.403
3001.404

Deviations from the FAR
Individual deviations.
Class deviations.

Subpart 3001.6

Career Development, Contracting Authority, and
Responsibilities
General.
Contracting Officers.
Ratification of unauthorized commitments.
Selection, appointment, and termination of
appointment.
General.

3001.601
3001.602
3001.602-3
3001.603
3001.603-1
Subpart 3001.7
3001.704

Determinations and Findings
Content.

Subpart 3001.70

Other Determinations, Waivers, Exceptions, Approvals,
Reviews, and Submittals.
Coordination and approval.
Content.

3001.7000
3001.7001

Subpart 3001.1 Purpose, Authority, Issuance
3001.101 Purpose.

1-1

06-01-2006

HSAR

The Department of Homeland Security Acquisition Regulation (HSAR) establishes
uniform acquisition policies and procedures, which implement and supplement the
Federal Acquisition Regulation (FAR).
3001.102 Statement of Guiding Principles for the Federal Acquisition System.
(d) The FAR and this supplement are to be interpreted permissively, if consistent with
statutory and regulatory requirements, policy, and sound professional judgment.
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 (which establishes uniform DHS-wide acquisition procedures).
(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).
(c) Contracts involving Non-Appropriated Fund Instrumentalities (NAFIs) must contain
suitable dispute provisions and may provide for appellate dispute jurisdiction in the
Civilian Board of Contract Appeals (CBCA). However, the contract must not attempt
to confer court jurisdiction that does not otherwise exist.
(d) The FAR and HSAR may be followed, where feasible, for:
(1) No-cost contracts;
(2) Concession contracts; and
(3) Contracts on behalf of NAFIs entered into by appropriated fund contracting officers.
3001.105 Issuance.
3001.105-1 Publication and code arrangement.
(a) The HSAR is published in:
(1) The Federal Register and
(2) Cumulated form in the Code of Federal Regulations (CFR).
3001.105-2 Arrangement of regulations.

1-2

06-01-2006

HSAR

(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 Management Agency (FEMA);
Federal Law Enforcement Training Center (FLETC);
Transportation Security Administration (TSA);
U.S. Coast Guard (USCG); and
U.S. Secret Service (USSS).
3001.105-3 Copies.
The HSAR is available in the Federal Register and electronically at
http://www.dhs.gov/dhspublic/
3001.106 OMB Approval under the Paperwork Reduction Act.
(a) The Office of Management and Budget (OMB) has assigned the following control
numbers that must appear on the upper right-hand corner of the face page of each
solicitation, contract, modification, and order:
OMB Control No.
OMB Control No.
OMB Control No.
OMB Control No.

1600-0002
1600-0005
1600-0003
1600-0004

(Contract related forms)
(Offeror submissions)
(Contractor submissions)
(Protests)

(b) OMB regulations and OMB's approval and assignment of control numbers are
conditioned upon not requiring more than three copies (including the original) of any
document of information. OMB has granted a waiver to permit the Department to require
up to eight copies of proposal packages, including proprietary data, for solicitations,
provided that contractors who submit only an original and two copies will not be placed
at a disadvantage.
Subpart 3001.3 Agency Acquisition Regulations
3001.301 Policy.
(a)(1) The HSAR is issued for Departmental guidance according to the policy cited in
(FAR) 48 CFR 1.301. The HSAR establishes uniform Homeland Security policies and
procedures for all acquisition activities within the Department of the Homeland Security,

1-3

06-01-2006

HSAR

except the TSA. Component supplemental acquisition regulations to be inserted
in the HSAR as a HSAR supplement regulation must be reviewed and approved
by the Chief Procurement Officer (CPO) before the CPO submits the proposed coverage
for publication in the Federal Register according to (FAR) 48 CFR 1.501.
(2)(i) The CPO is authorized to issue internal agency guidance at any organizational
level. Department-wide procedures are contained in the HSAM. The HCA may
implement internal procedures or supplement the FAR, HSAR, or HSAM as provided in
HSAM 3001.3. The HCA may issue procedures or delegate this authority to any
organizational level deemed appropriate. Component procedures may be more restrictive
or require higher approval levels than those permitted by the HSAM, unless otherwise
specified.
(ii) Individuals granted authority in the HSAR may delegate that authority, unless the
FAR or HSAR specifically state that the authority is not delegable.
(b) The Under Secretary of Management established procedures through Management
Directive (MD) 0490.1, entitled Federal Register Notice and Rules, to ensure that agency
acquisition regulations are published for comment in the Federal Register in conformance
with FAR procedures at (FAR) 48 CFR Subpart 1.5.
3001.301-70

Amendment of HSAR.

(a) Requests for changes to the regulation may be recommended by DHS personnel, other
Government agencies, or the public. Change requests are to be submitted in the
following format to the Department of Homeland Security, ATTN: Office of the Under
Secretary of Management, Chief Procurement Officer, Washington, DC 20598.
(1) Problem: Succinctly state the problem(s) created by current HSAR requirements or
processes and describe the factual or legal reasons for requesting a regulatory change.
(2) Recommendation: Identify the recommended change by using the current language
and lining through the words to be deleted and inserting proposed language in brackets. If
the change is extensive, deleted language may be displayed by forming a box with
diagonal lines connecting the corners.
(3) Discussion: Explain why the change is necessary and how the change will solve the
problem. Address any cost or administrative impact on Government activities, offerors,
and contractors. Provide any other helpful information and documents such as statutes,
legal decisions, regulations, reports, etc.
(4) Point of Contact: Provide a point of contact for answering questions regarding the
recommendation, along with a telephone number, e-mail or other method of reaching the
contact.

1-4

06-01-2006

HSAR

(b) The HSAR is maintained by the CPO through the HSAR/HSAM change process (i.e.,
input from various Components including representatives specifically designated to formulate
Departmental acquisition policies and procedures).
(1) Homeland Security Acquisition Circular (HSAC). HSAC (see (HSAR) 48 Chapter
3001.301-72) will be used to amend (HSAR) 48 Chapter 30.
(2) HSAR Notices will be issued (with a specified expiration date) when interim
guidance is necessary under any of the following circumstances:
(i) To promulgate, as rapidly as possible, selected material in a general or narrative
manner, in advance of a HSAC issuance;
(ii) To disseminate other acquisition related information; or
(iii) To issue guidance that is expected to be effective for a period of 1 year or less.
3001.301-71

Effective date.

Unless otherwise stated:
(a) HSAR changes apply to solicitations issued on or after the effective date of the
change;
(b) Contracting officers may, at their discretion, amend solicitations issued before the
effective date to include HSAR changes, provided award of the resulting contract(s) will
occur on or after the effective date; and
(c) Contracting officers may, at their discretion, may use the changes clause or other
suitable authority to modify existing contracts to include HSAR changes.
3001.301-72

HSAC or HSAR Notice numbering.

HSACs and HSAR Notices will be numbered consecutively on a fiscal year basis
beginning with number "01" prefixed by the last two digits of the fiscal year (e.g., HSAR
Notices 03-01 and 03-02 indicate the first two HSAR Notices issued in fiscal year 2003).
3001.303 Publication and codification.
(a) The HSAR is issued as chapter 30 of Title 48 of the CFR.
(1) The FAR numbering illustrations at (FAR) 48 CFR 1.105-2 apply to the HSAR.
(2) Coverage within HSAR 48 CFR chapter 30 is identified by the prefix "30" followed
by the complete FAR cite which may extend downward to the subparagraph level (e.g.,
(HSAR) 48 CFR 3001.101).

1-5

06-01-2006

HSAR

(3) Coverage in HSAR Chapter 30 that supplements the FAR will use part, subpart,
section and subsection numbers ending in "70" through "89". A series of numbers
beginning with "70" is used for provisions and clauses (e.g., (HSAR) 48 CFR 3001.30170).
(4) Coverage in HSAR 48 CFR chapter 30, other than that identified with a "70" or
higher number, which implements the FAR uses the identical number sequence and
caption of the FAR segment being implemented which may extend downward to the
subparagraph level. Subparagraph numbers/letters may not be shown as sequential, but
may be shown by the specific paragraph/subparagraph implemented from the FAR (e.g.,
(HSAR) 48 CFR 3003.301 contains subparagraphs (a) and (b) because only these
subparagraphs, correlating to FAR, are being supplemented by (HSAR) 48 CFR chapter
30).
(5) Component-unique guidance. Supplementary material for which there is
no counterpart in the FAR or HSAR shall be identified using chapter, part, subpart,
section, or subsection numbers of "90" and up (e.g., the U.S. Coast Guard's acronym is
"USCG"; an USCG-unique clause pertaining to "Inspection and/or Acceptance" would be
designated "USCG 3052.246-90").
(6) References and citations. Cross references to the FAR in the HSAR will be cited by
"FAR" followed by the FAR numbered cite, and cross reference to the HSAM in the
HSAR will be cited by "HSAM" followed by the HSAM numbered cite.
(7) Department/agency and Component supplements must parallel the FAR and HSAR
numbering, except department/agency supplemental numbering uses subsection
numbering of 90 and up, instead of 70 and up.

TABLE 1-1, HSAR NUMBERING
FAR

Is Implemented As

Is Supplemented As

19

3019

3019.70

19.5

3019.5

3019.570

19.501

3019.501

3019.501-70

19.501-1

3019.501-1

3019.501-170

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,

1-6

06-01-2006

HSAR

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.
(c) The CPO is responsible for evaluating all regulatory coverage in agency acquisition
regulations to determine if the substance could apply to other agencies and to make
recommendation for inclusion in the FAR.
Subpart 3001.4 Deviations from the FAR and HSAR.
3001.403 Individual deviations.
Unless precluded by law, executive order, or other regulation, the HCA is authorized to
approve individual deviation (except with respect to (FAR) 48 CFR 30.201-3, 30.201-4;
the requirements of the Cost Accounting Standards board rules and regulations at 48 CFR
Chapter 99 (FAR Appendix); and Part 50). Submit requests per (HSAR) 48 CFR
3001.7000, including complete documentation of the justification for the deviation
(See HSAM 3001.403)
3001.404 Class deviations.
(a) Unless precluded by law, executive order, or other regulation, the CPO is authorized
to approve FAR class deviations except (FAR) 48 CFR 30.201-3, and 30.201-4 (the
requirements of the Cost Accounting Standards); 48 CFR Chapter 99 (FAR Appendix);
and Part 50). Prior to authorizing a FAR class deviation, the CPO shall consult with the
chairperson of the Civilian Agency Acquisition Council (CAA Council), unless the CPO
determines that urgency precludes such consultation. FAR class deviation requests shall
be submitted to the CPO per (HSAR) 48 CFR 3001.7000 (a) including complete
documentation of the justification for the deviation, and the estimated number and type of
contract actions affected. The CPO will transmit a copy of each approved FAR deviation
to the FAR Secretariat.
Subpart 3001.6 Career Development, Contracting Authority, and Responsibilities
3001.601 General.
DHS Delegation Number 0200.1, Delegation to the Directorate of Management,
delegates authority from the Secretary to the Under Secretary of Management to manage
the acquisition function. DHS Delegation 0700, Delegation to the Chief Procurement
Officer for Acquisition and Financial Assistance Management, delegates this authority
from the Under Secretary of Management to the Chief Procurement Officer.
3001.602 Contracting officers.

1-7

06-01-2006

HSAR

3001.602-3 Ratification of unauthorized commitments.
Department of Homeland Security (DHS) policy requires that acquisitions be made only
by Government officials having authority to enter into such acquisitions. Acquisitions
made by other than authorized personnel are contrary to Departmental policy and may be
considered matters of serious misconduct on the part of an employee making an
unauthorized commitment, and may result in disciplinary action being taken against an
employee who makes an unauthorized commitment.
3001.603 Selection, appointment, and termination of appointment.
3001.603-1 General.
Under DHS Delegations, the Heads of the Contracting Activity (HCA), with authority to
redelegate no lower than the Chief of the Contracting Office (COCO), are authorized to
select and appoint contracting officers and terminate their appointment.
Subpart 3001.7 Determinations and Findings
3001.704 Content.
The following format shall be used for all determinations and findings (D&Fs), unless
otherwise specified in the FAR or the HSAR. The contracting officer is responsible for
preparing D&Fs, and requirements and technical personnel are responsible for the
accuracy and adequacy of the supporting factual information, which shall be furnished to
the contracting officer.
Insert specific information indicated in brackets.
Determination and Findings
Under [insert citation for appropriate statutory and/or regulatory basis for D&F], the
Department of Homeland Security, [insert contracting activity], is granted authority to
[insert nature and/or description of the action being approved].
Findings
[Findings that detail the particular circumstances, facts, or reasoning essential to support
the determination.]
Determination
[A determination, based on the findings, that the proposed action is justified under the
applicable statute or regulation.]

1-8

06-01-2006

HSAR

[Expiration date of the D&F, if required.]
[Signature of authorized official]
Name and Title

[month, day, and year]
Date

Subpart 3001.70 Other Determinations, Waivers, Exceptions, Approvals, Reviews,
and Submittals
3001.7000 Coordination and approval.
Documents requiring CPO approval.
Requests shall be prepared in writing by the contracting officer and submitted through the
HCA to the CPO for approval.
3001.7001 Content.
The general format at (HSAR) 48 CFR 3001.704 shall be used to provide a justification
to support the requested determination, waiver, exception or approval.

1-9

06-01-2006
PART

3002

HSAR
DEFINITIONS OF WORDS AND TERMS

Subpart 3002.1
3002.101

Definitions
Definitions.

Subpart 3002.2
3002.270

Abbreviations
Abbreviations.

Subpart 3002.1 Definitions
3002.101 Definitions.
Chief Information Officer (CIO) means the Director of the Office of the CIO.
Chief of the Contracting Office (COCO) means the individual(s) responsible for
managing the contracting office(s) within a Component.
Chief Procurement Officer (CPO) means the Senior Procurement Executive (SPE).
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);
(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."
Contracting officer means an individual authorized by virtue of position or by
appointment to perform the functions assigned by the Federal Acquisition Regulation and
the Homeland Security Acquisition Regulation.
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.

2-1

06-01-2006

HSAR

Legal counsel means the Department of Homeland Security Office of General Counsel or
Component office providing legal services to the contracting organization.
Legal review means review by legal counsel.
Major system means an acquisition as defined in Management Directive Number 1400,
Investment Review Process.
Micro-purchase threshold is defined as in (FAR) 48 CFR 2.101, except when (HSAR) 48
CFR 3013.7003(a) applies.
Senior Procurement Executive (SPE) for the Department of Homeland Security is the
Chief Procurement Officer (CPO).
Sensitive Information, as used in this Chapter, means any information, the loss, misuse,
disclosure, or unauthorized access to or modification of which could adversely affect the
national or homeland security interest, or the conduct of Federal programs, or the privacy
to which individuals are entitled under section 552a of title 5, United States Code (the
Privacy Act), but which has not been specifically authorized under criteria established by
an Executive Order or an Act of Congress to be kept secret in the interest of national
defense, homeland security or foreign policy. This definition includes the following
categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security
Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations
thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII
Procedures Manual, as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal
Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and
Control of SSI,” as amended, and any supplementary guidance officially communicated
by an authorized official of the Department of Homeland Security (including the
Assistant Secretary for the Transportation Security Administration or his/her designee);
(3) Information designated as “For Official Use Only,” which is unclassified information
of a sensitive nature and the unauthorized disclosure of which could adversely impact a
person’s privacy or welfare, the conduct of Federal programs, or other programs or
operations essential to the national or homeland security interest; and
(4) Any information that is designated “sensitive” or subject to other controls, safeguards
or protections in accordance with subsequently adopted homeland security information
handling procedures.

2-2

06-01-2006

HSAR

Simplified acquisition threshold is defined as in (FAR) 48 CFR 2.101, except when
(HSAR) 48 CFR 3013.7004 applies.
Subpart 3002.2 Abbreviations
Subpart 3002.270
CBCA
CFO
CIO
COCO
COR
COTR
CPO
D&F
FOIA
HCA
J&A
KO
MD
OCPO
OIG
OSDBU
PCR
RFP
SBA
SBS
SPE

Abbreviations.

Civilian Board of Contract Appeals
Chief Financial Officer
Chief Information Officer
Chief of the Contracting Office
Contracting Officers Representative
Contracting Officer's Technical Representative
Chief Procurement Officer
Determination and Findings
Freedom of Information Act
Head of Contracting Activity
Justification and Approval for Other than Full and Open
Competition
Contracting Officer
Management Directive
Office of the Chief Procurement Officer
Office of the Inspector General
Office of Small and Disadvantaged Business Utilization
SBA's Procurement Center Representative
Request for Proposal
Small Business Administration
Small Business Specialist
Senior Procurement Executive

2-3

06-01-2006
PART

3003

HSAR
IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTEREST

Subpart 3003.1
3003.101
3003.101-3

Safeguards
Standards of conduct.
Agency regulations.

Subpart 3003.2
3003.203

Contractor Gratuities to Government Personnel
Reporting suspected violations of the Gratuities
clause.
Treatment of violations.

3003.204
Subpart 3003.3
3003.301

Reports Of Suspected Antitrust Violations
General.

Subpart 3003.4
3003.405

Contingent Fees
Misrepresentations or violations of the Covenant
Against Contingent Fees.

Subpart 3003.5
3003.502
3003.502-2

Other Improper Business Practices
Subcontractor kickbacks.
Subcontractor kickbacks.

Subpart 3003.9
3003.901

Whistleblower Protections for Contractor Employees
Definitions.

Subpart 3003.1

Safeguards

3003.101 Standards of conduct.
3003.101-3 Agency regulations.
Government-wide and Department of Homeland Security regulations governing the
conduct and responsibilities of employees are contained in 5 CFR Part 2635, and MD
0480.1, Ethics/Standards of Conduct or any replacement Management Directive.
Subpart 3003.2 Contractor Gratuities to Government Personnel
3003.203 Reporting suspected violations of the Gratuities clause.
(a) Suspected violations shall be reported to the contracting officer responsible for the
acquisition (or the COCO if the contracting officer is suspected of the violation). The
contracting officer (or the COCO) shall obtain from the person reporting the violation,
and any witnesses to the violation, the following information:

3-1

06-01-2006

HSAR

(1) The date, time, and place of the suspected violation;
(2) The name and title (if known) of the individual(s) involved in the violation; and
(3) The details of the violation (e.g., the gratuity offered or intended) to obtain a contract
or favorable treatment under a contract.
(4) The person reporting the violation and witnesses (if any) shall be requested to sign
and date the information certifying that the information furnished is true and correct.
(b) The contracting officer shall submit the report to the COCO (unless the alleged
violation was directly reported to the COCO) and the Head of the Contracting Activity
(HCA) for further action. The COCO and HCA will determine, with the advice of
Component legal counsel, whether the case warrants submission to the OIG, or other
investigatory organization.
3003.204 Treatment of violations.
(a) The HCA is the individual to determine whether a Gratuities clause violation has
occurred. If the HCA has been personally and substantially involved in the specific
procurement, the advice of Government legal counsel should be sought to determine
whether an alternate decision maker should be designated.
(b) The COCO shall ensure that the hearing procedures required by (FAR) 48 CFR
3.204(b) are afforded to the contractor. Government legal counsel shall be consulted
regarding the appropriateness of the hearing procedures that are established.
(c) If the HCA determines that the alleged gratuities violation occurred during the
"conduct of an agency procurement" the COCO shall consult with Government legal
counsel regarding appropriate action.
Subpart 3003.3 Reports Of Suspected Antitrust Violations
3003.301 General.
(b) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for suspected antitrust
violations, except reports of suspected antitrust violations shall be coordinated with legal
counsel for referral to the Department of Justice, if deemed appropriate.
Subpart 3003.4 Contingent Fees
3003.405 Misrepresentations or violations of the Covenant Against Contingent Fees.
(a) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for misrepresentation
or violations of the covenant against contingent fees.
(b)(4) The procedures at (HSAR) 48 CFR 3003.203 shall be followed for
misrepresentation or violations of the covenant against contingent fees, except reports of
misrepresentation or violations of the covenant against contingent fees shall be

3-2

06-01-2006

HSAR

coordinated with legal counsel for referral to the Department of Justice, if deemed
appropriate.
Subchapter 3003.5

Other Improper Business Practices

3003.502 Subcontractor kickbacks.
3003.502-2

Subcontractor kickbacks.

(g) The DHS OIG shall receive the prime contractor or subcontractors written report.
Subpart 3003.9 Whistleblower Protections for Contractor Employees
3003.901 Definitions.
Authorized official of an agency means the Department of Homeland Security's
CPO.

3-3

06-01-2006
PART

3004

HSAR
ADMINISTRATIVE MATTERS

Subpart 3004.1
3004.103

Contract Execution
Contract clause.

Subpart 3004.4

Safeguarding Classified and Sensitive Information
within Industry.
Security requirements for access to unclassified facilities,
Information Technology resources, and sensitive
information.
Scope.
Policy.
Contract clauses.

3004.470

3004.470-1
3004.470-2
3004.470-3

Subpart 3004.8
3004.804
3004.804-1
3004.804-5
3004.804-570

Government Contract Files
Closeout of contract files.
Closeout by the office administering the contract.
Procedures for closing out contract files.
Supporting closeout documents.

Subpart 3004.1 Contract Execution
3004.103 Contract clause.
Insert the clause at (FAR) 48 CFR 52.204-1, Approval of Contract, in each solicitation
where approval to award the resulting contract is required above the contracting officer
level.
3004.4 Safeguarding Classified and Sensitive Information within Industry.
3004.470 Security requirements for access to unclassified facilities, Information
Technology resources, and sensitive information.
3004.470-1 Scope.
This section implements DHS’s policies for assuring the security of unclassified
facilities, Information Technology (IT) resources, and sensitive information during the
acquisition process and contract performance.
3004.470-2 Policy.
(a) DHS’s policies and procedures on contractor personnel security requirements are set
forth in various management directives (MDs). MD 11042.1, Safeguarding Sensitive But
Unclassified (For Official Use only) Information describes how contractors must handle
sensitive but unclassified information. MD 4300.1, entitled Information Technology
4-1

06-01-2006

HSAR

Systems Security, and the DHS Sensitive Systems Handbook, prescribe the policies and
procedures on security for Information Technology resources. Compliance with these
policies and procedures, any replacement publications, or any other current or future
DHS policies and procedures covering contractors specifically is required in all contracts
that require access to facilities, IT resources or sensitive information.
(b) The contractor must not use or redistribute any DHS information processed, stored, or
transmitted by the contractor except as specified in the contract.
3004.470-3

Contract clauses.

(a) Contracting officers shall insert a clause substantially the same as the clause at
(HSAR) 48 CFR 3052.204-70, Security Requirements for Unclassified Information
Technology Resources, in solicitations and contracts that require submission of an IT
Security Plan.
(b) Contracting officers shall insert the basic clause at (HSAR) 48 CFR 3052.204-71,
Contractor Employee Access, in solicitations and contracts when contractor employees
require recurring access to Government facilities or access to sensitive information.
Contracting Officers shall insert the basic clause with its Alternate I for acquisitions
requiring contractor access to IT resources. For acquisitions in which the contractor will
not have access to IT resources, but the Department has determined contractor employee
access to sensitive information or Government facilities must be limited to U.S. citizens
and lawful permanent residents, the contracting officer shall insert the clause with its
Alternate II. Neither the basic clause nor its alternates shall be used unless contractor
employees will require recurring access to Government facilities or access to sensitive
information. Neither the basic clause nor its alternates should ordinarily be used in
contracts with educational institutions.

Subpart 3004.8 Government Contract Files
3004.804 Closeout of contract files.
3004.804-1 Closeout by the office administering the contract.
(b) The quick closeout procedures under (FAR) 48 CFR 42.708 may be used for the
settlement of indirect costs under contracts when the estimated amount (excluding any
fixed fee) of the contract is $3 million or less if determined appropriate by the contracting
officer.

3004.804-5 Procedures for closing out contract files.
3004.804-570 Supporting closeout documents.

4-2

06-01-2006

HSAR

(a) When applicable and prior to contract closure, the contracting officer shall obtain the
listed DHS and Department of Defense (DOD) forms from the contractor for closeout.
(1) DHS Form 0700-03, Contractor's Release (e.g., see (FAR) 48 CFR 52.216-7);
(2) DHS Form 0700-02, Contractor's Assignment of Refunds, Rebates, Credits and Other
Amounts (e.g., see (FAR) 48 CFR 52.216-7);
(3) DHS Form 0700-01, Cumulative Claim and Reconciliation Statement (e.g., see (FAR)
48 CFR 4.804-5(a)(13); and
(4) DD Form 882, Report of Inventions and Subcontracts (e.g., see (FAR) 48 CFR
52.227-14).
(b) The forms listed in this section (see (HSAR) 48 CFR Part 3053) are used primarily for
the closeout of cost-reimbursement, time-and-materials, and labor-hour contracts. The
forms may also be used for closeout of other contract types to protect the Government's
interest.

4-3

06-01-2006

HSAR

PART 3005

PUBLICIZING CONTRACT ACTIONS

Subpart 3005.4
3005.402

Release of Information
General public.

Subpart 3005.90

Publicizing Contract Actions for Personal Services
Contracting
Applicability (USCG).

3005.9000

Subpart 3005.4 Release of Information
3005.402 General public.
Requests for other specific records information shall be processed according to the DHS
Freedom of Information Act rules and regulations (HSAR) 48 CFR 3024.203.
Subpart 3005.90 Publicizing Contract Actions for Personal Services Contracting.
3005.9000 Applicability (USCG).
Contracts awarded by the U.S. Coast Guard using the procedures in (HSAR) 48 CFR
3037.104-91 are expressly authorized under 10 U.S.C. 1091, as amended by section
1512(d) of the Homeland Security Act, 6 U.S.C. 552(d), and are exempt from the
requirements of (FAR) 48 CFR Part 5.

5-1

06-01-2006
PART

3006

HSAR
COMPETITION REQUIREMENTS

Subpart 3006.1
3006.101
3006.101-70

Full and Open Competition
Policy.
Definitions.

Subpart 3006.2

Full and Open Competition After Exclusion of
Sources
Establishing or maintaining alternative sources.

3006.202
Subpart 3006.3
3006.302
3006.302-7

Other Than Full and Open Competition
Circumstances permitting other than full and open
competition.
Public interest.

Subpart 3006.5
3006.501
3006.502

Competition Advocates
Requirement.
[Removed]

Subpart 3006.90

Competition Requirements for Personal Services
Contracting
Applicability (USCG).

3006.9000

Subpart 3006.1 Full and Open Competition
Subpart 3006.101 Policy.
Subpart 3006.101-70 Definitions.
Agency competition advocate means an individual designated by the Chief Procurement
Officer (CPO) to perform, at a minimum, the functions under (FAR) 48 CFR 6.502(b)
and is synonymous with "Departmental Competition Advocate" and "Senior Competition
Advocate (SCA)."
Competition advocate for the procuring activity means the individual who has been
designated by the Component to approve Justifications and Approvals (J & A)
for other than full and open competition as permitted by the (FAR) 48 CFR 6.304
and to perform the duties and responsibilities assigned under (FAR) 48 CFR 6.502. This
term is synonymous with “procuring activity competition advocate.”
Subpart 3006.2 Full and Open Competition After Exclusion of Sources
3006.202 Establishing or maintaining alternative sources.

6-1

06-01-2006

HSAR

(b)(1) The HCA is delegated authority to approve a D&F in support of a contract action
award under the authority of (FAR) 48 CFR 6.202(a). Submit D&F in the format per
(HSAR) 48 CFR 3001.704.
Subpart 3006.3 Other Than Full and Open Competition
3006.302 Circumstances permitting other than full and open competition.
3006.302-7 Public interest.
(c)(1)(ii) Requests shall be prepared in writing by the contracting officer, using the
format found in (HSAR) 48 CFR 3001.704, and submitted through the HCA to the CPO
for review and transmittal to the Secretary for approval.
Subpart 3006.5 Competition Advocates
3006.501 Requirement.
The DHS Senior Competition Advocate (SCA) is located in the Office of the Chief
Procurement Officer (OCPO).
3006.502 [Removed]
Subpart 3006.90 Competition Requirements For Personal Services Contracting
3006.9000 Applicability (USCG).
Contracts awarded by the U.S. Coast Guard using the procedures in (HSAR) 48 CFR
3037.104-91 are expressly authorized under Section 1091 of Title 10 U.S.C. as amended,
for the Coast Guard and are exempt from the competition requirements of (FAR) 48 CFR
Part 6.

6-2

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION RULATION
PART 3007
ACQUISITION PLANNING
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3008
REQUIRED SOURCES OF SUPPLIES AND SERVICES
[RESERVED]

7-1

06-01-2006
PART

HSAR

3009

Subpart 3009.1
3009.104-70
3009.104-71
3009.104-72
3009.104-73
3009.104-74
3009.104-75
Subpart 3009.4
3009.470
3009.470-1
3009.470-2
3009.470-3
3009.470-4
Subpart 3009.5
3009.507
3009.507-1
3009.507-2

CONTRACTOR QUALIFICATIONS
Responsible Prospective Contractors
Prohibition on contracts with corporate
expatriates.
General.
Definitions.
Special rules.
Waiver.
Clause.
Debarment, Suspension, and Ineligibility
Reserve Officer Training Corps and military recruiting on
campus.
Definition.
Policy.
Procedures.
Contract clause.
Organizational and Consultant Conflicts of
Interest
Solicitation provision and clause.
Solicitation provision.
Contract clause.

Subpart 3009.1 Responsible Prospective Contractors
3009.104-70 Prohibition on contracts with corporate expatriates.
3009.104-71 General.
Except as provided (HSAR) 48 CFR 3009.104-74, DHS may not enter into any contract
with a foreign incorporated entity, which is treated as an inverted domestic corporation
under subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b), or
any subsidiary of such entity.
3009.104-72 Definitions.
As used in this subpart—
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the
Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except
that section 1504 of such Code shall be applied by substituting `more than 50 percent' for
`at least 80 percent' each place it appears.

9-1

06-01-2006

HSAR

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of
Section 835 of the Homeland Security Act, 6 U.S.C. 395(b), would be, treated as a
foreign corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the
properties held directly or indirectly by a domestic corporation or substantially all of the
properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is
held—
(i) In the case of an acquisition with respect to a domestic corporation, by former
shareholders of the domestic corporation by reason of holding stock in the domestic
corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former
partners of the domestic partnership by reason of holding a capital or profits interest in
the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not
have substantial business activities in the foreign country in which or under the law of
which the entity is created or organized when compared to the total business activities of
such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4),
and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

3009.104-73 Special Rules.
The following special rules shall apply when determining whether a foreign incorporated
entity should be treated as an inverted domestic corporation.
(a) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as
an inverted domestic corporation these shall not be taken into account in determining
ownership:
(1) Stock held by members of the expanded affiliated group which includes the foreign
incorporated entity; or
(2) Stock of such entity which is sold in a public offering related to the acquisition
described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C.
395(b)(1).

9-2

06-01-2006

HSAR

(b) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or
indirectly substantially all of the properties of a domestic corporation or partnership
during the 4-year period beginning on the date which is 2 years before the ownership
requirements of section 835(b)(2) of the Act are met, such actions shall be treated as
pursuant to a plan.
(c) Certain transfers disregarded. The transfer of properties or liabilities (including by
contribution or distribution) shall be disregarded if such transfers are part of a plan a
principal purpose of which is to avoid the purposes of this section.
(d) Special Rule for Related Partnerships. For purposes of applying subsection (b) to the
acquisition of a domestic partnership, except as provided in regulations, all domestic
partnerships which are under common control (within the meaning of section 482 of the
Internal Revenue Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present
value of all equitable interests incident to the transaction, as follows:
(i) Warrants
(ii) Options
(iii) Contracts to acquire stock
(iv) Convertible debt instruments
(v) Others similar interests
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed
appropriate to do so to reflect the present value of the transaction or to disregard
transactions whose recognition would defeat the purpose of Section 835 of the Act.
3009.104-74

Waiver.

(a) The Secretary shall waive the provisions of (HSAR) 48 CFR 3009.104-71 with
respect to any specific contract if the Secretary determines that the waiver is required in
the interest of national security.
(b) Contractors shall submit waiver requests to the CPO. A copy of the waiver request or
the approved waiver shall be attached with the bid or proposal.
3009.104-75

Clause.

Insert the provision (HSAR) 48 CFR 3052.209-70, Prohibition on Contracts with
Corporate Expatriates, in all solicitations and contracts.
Subpart 3009.4 Debarment, Suspension, and Ineligibility

9-3

06-01-2006

HSAR

3009.470 Reserve Officer Training Corps and military recruiting on campus.
3009.470-1 Definition.
Institution of higher education as used in this section, means an institution that meets the
requirements of 20 U.S.C. 1001 and includes all subelements of such an institution.
3009.470-2 Policy.
(a) Except as provided in paragraph (b) of this subsection, 10 U.S.C. 983 prohibits the
Department of Homeland Security from providing funds by contract or grant to an
institution of higher education if the Secretary of Defense determines that the institution
has a policy or practice that prohibits or in effect prevents(1) The Secretary of a military department from maintaining, establishing, or operating a
unit of the Senior Reserve Officer Training Corps (ROTC) at that institution;
(2) A student at that institution from enrolling in a unit of the Senior ROTC at another
institution of higher education;
(3) The Secretary of a military department or the Secretary of Homeland Security from
gaining entry to campuses, or access to students on campuses, for purposes of military
recruiting; or
(4) Military recruiters from accessing certain information pertaining to students enrolled
at that institution.
(b) The prohibition in paragraph (a) of this subsection does not apply to an institution of
higher education if the Secretary of Defense determines that(1) The institution (and each subelement of that institution) has ceased the policy or
practice described in paragraph (a) of this subsection; or
(2) The institution involved has a long-standing policy of pacifism based on historical
religious affiliation.
3009.470-3 Procedures.
Whenever the Secretary of Defense determines that an institution of higher education
(including any subelement of such institution) is ineligible and the provisions of 10
U.S.C. 983 apply:
(a) The Secretary of Defense will list the institution on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs published by the General Services
Administration (also see (FAR) 48 CFR 9.404 and 32 CFR Part 216); and
(b) The Department of Homeland Security(1) Shall not solicit offers from, award contracts to, or consent to subcontracts with the

9-4

06-01-2006

HSAR

institution;
(2) Shall make no further payments under existing contracts with the institution; and
(3) Shall terminate existing contracts with the institution.
3009.470-4 Contract clause.
Insert the clause at (HSAR) 48 CFR 3052.209-71, Reserve Officer Training Corps and
Military Recruiting on Campus, in all solicitations and contracts with institutions of
higher education.
Subpart 3009.5 Organizational and Consultant Conflicts of Interest
3009.507 Solicitation provision and clause.
3009.507-1 Solicitation provision.
The contracting officer shall insert a provision substantially the same as (HSAR)
3052.209-72, Organizational Conflict of Interest, in solicitations and contracts where a
potential organizational conflict of interest exists and mitigation may be possible. The
contracting officer shall ensure the conditions enumerated in (FAR) 48 CFR Subpart 9.5
warrant inclusion. The contracting officer shall include the information required by
(FAR) 48 CFR 9.507-1 and (HSAR) 3052.209-72(a).
3009.507-2 Solicitation clause.
The contracting officer shall insert a clause substantially the same as the clause at
(HSAR) 48 CFR 3052.209-73, Limitation of Contracting, in solicitations and contracts
when a potential organizational conflict of interest exists and mitigation is not feasible.

9-5

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3010
MARKET RESEARCH
[RESERVED]

10-1

06-01-2006
PART

3011

HSAR
DESCRIBING AGENCY NEEDS

Subpart 3011.1
3011.103

Selecting and Developing Requirements Documents
Market acceptance.

Subpart 3011.2
3011.204-70
3011.204-90

Using and Maintaining Requirements Documents
Solicitation provisions and contract clauses.
[Removed]

Subpart 3011.5
3011.501.1

Liquidated Damages
Policy.

Subpart 3011.6
3011.602

Priorities and Allocations
General.

Subpart 3011.1 Selecting and Developing Requirements Documents
3011.103 Market acceptance.
(a) Contracting officers may act on behalf of the head of the agency in this subpart only.
Contracting officers may, under appropriate circumstances, require offerors to make the
required demonstrations.
Subpart 3011.2 Using and Maintaining Requirements Documents
3011.204-70 Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at (HSAR) 48 CFR 3052.211-70, Index for
Specifications, when an index or table of contents may be furnished with the
specification.
3011.204-90 [Removed]
Subpart 3011.5 Liquidated Damages
3011.501 Policy.
(d) The HCA may reduce or waive the amount of liquidated damages assessed under a
contract, if the Commissioner, Financial Management Service, or designee approves.
Subpart 3011.6 Priorities and Allocations
3011.602 General.

11-1

06-01-2006

HSAR

(c) The following DHS Components may assign priority ratings on contracts and orders placed
with contractors to acquire products, materials, and services under the Defense Priorities
and Allocations System (DPAS) regulations (15 CFR Part 700):
(1) The U.S. Coast Guard in support of certified national defense related programs; and
(2) The Federal Emergency Management Agency in support of emergency preparedness
activities.

11-2

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3012
ACQUISITION OF COMMERCIAL ITEMS
[RESERVED]

12-1

06-01-2006
PART

3013

HSAR
SIMPLIFIED ACQUSITION PROCEDURES

Subpart 3013.1

[Removed]

Subpart 3013.3

[Removed]

Subpart 3013.70
3013.7000
3013.7001
3013.7002
3013.7003
3013.7004
3013.7005

Special Streamlined Acquisition Authority
General.
Delegations.
Reporting requirements.
Micro-purchase authority.
Simplified acquisition authority.
Test program for certain commercial items.

Subpart 3013.1 [Removed]
Subpart 3013.3 [Removed]
Subpart 3013.70 Special Streamlined Acquisition Authority
3013.7000 General.
(a) The Secretary may use the special streamlined acquisition authorities set forth in the
Homeland Security Act, section 833, 6 U.S.C. 393, with respect to any procurement that
takes place during the period ending September 30, 2007, if the Secretary determines in
writing that the mission of the Department (as described in the Homeland Security Act,
section 101, 6 U.S.C. 111) would be seriously impaired without the use of such
authorities.
(b) The Secretary may deem any item or service to be a commercial item for the purpose
of federal procurement laws for procurements described in (HSAR) 48 CFR 3013.7005.
3013.7001 Delegations.
The Secretary may delegate this authority to an officer of the Department who is
appointed by the President with the advice and consent of the Senate. Delegations of this
authority are discussed in HSAM 3013.
3013.7002 Reporting requirements.
(a) The Secretary shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of the Senate(1) Notification of such determination; and

13-1

06-01-2006

HSAR

(2) The justification for such determination.
(b) This report shall be submitted no later than seven days after the date of any
determination. Reporting requirements and procedures are discussed in HSAM 3013.
3013.7003 Micro-purchase authority.
(a) When the streamlined acquisition authority is exercised, the micro-purchase threshold
is raised to $7,500.
(b) The authority in this section may be exercised only by individuals designated by the
Secretary. The number of employees shall be—
(1) Fewer than the number of employees of the Department that are authorized to make
purchases without obtaining competitive quotations.
(2) Sufficient to ensure the geographic dispersal of the availability of the use of the
procurement authority under such paragraph at locations reasonably considered to be
potential terrorist targets; and
(3) Sufficiently limited to allow for careful monitoring of employees designated under
each paragraph.
(c) Procurements made under this authority shall be subject to review by a designated
supervisor on not less than a monthly basis. The supervisor responsible for the review
shall be responsible for no more than seven employees making procurements under this
authority.
3013.7004 Simplified acquisition authority.
When the streamlined acquisition authority is exercised, the simplified acquisition
threshold shall be: (a) $200,000 in the case of a contract to be awarded and performed, or
purchase to be made, within the United States; and (b) $300,000 in the case of a contract
to be awarded and performed, or purchase to be made, outside of the United States.
3013.7005 T est program for certain commercial items.
When the streamlined authority is exercised, the limitation provided in (FAR) 48 CFR
Subpart 13.5 is increased to $7,500,000.

13-2

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3014
SEALED BIDDING
[RESERVED]

14-1

06-01-2006
PART

HSAR

3015

Subpart 3015.2
3015.204-3
3015.207-70

CONTRACTING BY NEGOTIATION
Solicitation and Receipt of Proposals and
Information
Contract clauses.
Handling proposals and information.

Subpart 3015.4

[Removed]

Subpart 3015.6
3015.602
3015.603
3015.604
3015.606
3015.606-1
3015.606-2

Unsolicited Proposals
Policy.
[Removed and reserved]
Agency points of contact.
Agency procedures.
Receipt and initial review.
Evaluation.

Subpart 3015.2 Solicitation and Receipt of Proposals and Information
3015.204-3

Contract clauses.

The contracting officer shall insert clause (HSAR) 48 CFR 3052.215-70, Key Personnel
or Facilities, in solicitations and contracts when the selection for award is substantially
based on the offeror's possession of special capabilities regarding personnel or facilities.
3015.207-70 Handling proposals and information.
(b) Proposals and information may be released outside the Government for evaluation
and similar purposes if qualified personnel are not available to thoroughly evaluate or
analyze proposals or information. The contracting officer shall document the file in such
cases.
Subpart 3015.4 [Removed]
Subpart 3015.6 Unsolicited Proposals
3015.602

Policy.

The Department of Homeland Security (DHS) encourages new and innovative proposals
and ideas that will sustain or enhance the DHS mission.
3015.603

[Removed and Reserved]

3015.604

Agency points of contact.

15-1

06-01-2006

HSAR

(a) The DHS does not have a central clearinghouse for distributing information or
assistance regarding unsolicited proposals. Each HCA is responsible for disseminating
the information required at (FAR) 48 CFR 15.604(a). General information concerning
DHS’s scope of responsibilities and functions is available at
http://www.dhs.gov/dhspublic/
3015.606

Agency procedures.

(a) The agency authority to establish procedures for receiving, reviewing and evaluating,
and timely disposing of unsolicited proposals, consistent with the requirements of (FAR)
48 CFR 15.6 and this subpart, is delegated to each HCA.
(b) The agency authority to establish points of contact (see (FAR) 48 CFR 15.604) to
coordinate the receipt and handling of unsolicited proposals is delegated to each HCA.
Contracting offices are designated as the receiving point for unsolicited proposals.
Persons within DHS (e.g., technical personnel) who receive proposals shall forward them
to their cognizant contracting office.
3015.606-1

Receipt and initial review.

(a) The agency contact point shall make an initial review determination within seven
calendar days after receiving a proposal.
(b) If the proposal meets the requirements at (FAR) 48 CFR 15.606-1(a), the agency
contact point shall acknowledge receipt within three calendar days after making the initial
review determination and advise the offeror of the general timeframe for completing the
evaluation.
(c) If the proposal does not meet the requirements of (FAR) 48 CFR 15.606-1(a), the
agency contact point shall return the proposal within three calendar days after making the
determination. The offeror shall be informed, in writing, of the reasons for returning the
proposal.
3015.606-2

Evaluation.

(a) Comprehensive evaluations should be completed within sixty calendar days after
making the initial review determination. If additional time is needed, then the agency
contact point shall advise the offeror accordingly and provide a new evaluation
completion date. The evaluating office shall neither reproduce nor disseminate the
proposal to other offices without the consent of the contracting office from which the
proposal was received for evaluation. If the evaluating office requires additional
information from the offeror, the evaluator shall convey this request to the responsible
contracting office. The evaluator shall not directly contact the proposal originator.
(b) If the evaluators recommend accepting the proposal, the responsible contracting
officer shall ensure compliance with all of the requirements of (FAR) 48 CFR 15.607.

15-2

06-01-2006
PART

HSAR

3016

TYPES OF CONTRACTS

Subpart 3016.2
3016.203

Fixed-Price Contracts
Fixed-price contracts with economic price
adjustment.
3016.203-4
Contract Clauses.
3016.203-470 Solicitation Provisions.

Subpart 3016.4
3016.406

Incentive Contracts
Contract clauses.

Subpart 3016.5
3016.505

Indefinite-Delivery Contracts
Ordering.

Subpart 3016.6

Time-and-Materials, Labor-Hour, and Letter
Contracts
Letter contracts.
Contract Clauses.

3016.603
3016.603-4

Subpart 3016.2

Fixed-Price Contracts

3016.203 Fixed price contracts with economic price adjustments.
3016.203-4

Contract clauses.

(d)(2) Any clause using this method shall be prepared and approved by the contracting
officer.
3016.203-470

Solicitation provision.

The contracting officer shall insert a provision substantially the same as (HSAR) 48 CFR
3052.216-70, Evaluation of Offers Subject to an Economic Price Adjustment Clause, in
solicitations containing an economic price adjustment clause.
Subpart 3016.4
3016.406

Incentive Contracts

Contract clauses.

(e)(1)(i) The contracting officer shall insert a clause substantially the same as (HSAR) 48
CFR 3052.216-71, Determination of Award Fee, in solicitations and contracts that
include an award fee.

16-1

06-01-2006

HSAR

(ii) The contracting officer shall insert a clause substantially the same as (HSAR) 48 CFR
3052.216-72, Performance Evaluation Plan, in all solicitations and contracts that include
an award fee.
(iii) The contracting officer shall insert a clause substantially the same as (HSAR) 48
CFR 3052.216-73, Distribution of Award Fee, in all solicitations and contracts that
include an award fee.
Subpart 3016.5
3016.505

Indefinite-Delivery Contracts

Ordering.

(b)(5) The Component Competition Advocate is designated as the ComponentTask and
Delivery Order Ombudsman, unless otherwise provided in Component procedures.
(i) If any corrective action is needed after reviewing complaints from contractors on task
and delivery order contracts, the Component Ombudsman shall provide a written determination
of such action to the contracting officer.
(ii) Issues that cannot be resolved within the Component, shall be forwarded to the DHS Task
and Delivery Order Ombudsman, who is also the DHS Senior Competition Advocate, for
review and resolution.
Subpart 3016.6
3016.603
3016.603-4

Time-and-Materials, Labor-Hour, and Letter Contracts

Letter contracts.
Contract clauses.

The contracting officer shall insert a clause substantially the same as (HSAR) 48 CFR
3052.216-74, Settlement of Letter Contract, in all definitized letter contracts.

16-2

06-01-2006
PART

HSAR

3017

SPECIAL CONTRACTING METHODS

Subpart 3017.2
3017.202
3017.204-90

Options
Use of options.
Detention Facilities and Services (ICE).

Subpart 3017.4
3017.402

Leader Company Contracting
Limitations.

Subpart 3017.70

[Removed]

Subpart 3017.90

Fixed Price Contracts for Vessel Repair, Alteration
or Conversion
Clauses (USCG).

3017.9000

Subpart 3017.2
3017.202

Options

Use of options.

(a) Contracting officers shall not use unpriced options.
Subpart 3017.204-90 Detention Facilities and Services (ICE).
The U.S. ICE Head of the Contracting Activity (HCA), without delegation, may enter
into contracts of up to fifteen years’ duration for detention or incarceration space or
facilities, including related services.
Subpart 3017.4 Leader Company Contracting
3017.402 Limitations.
(a)(4) Submit requests per (HSAR) 48 CFR 3001.7000.
Subpart 3017.70 [Removed]
Subpart 3017.90 Fixed Price Contracts for Vessel Repair, Alteration or Conversion
3017.9000

Clauses (USCG).

For the U.S. Coast Guard, the following clauses are to be used in specific solicitations
and contracts:
(a) The clauses in (HSAR) 48 CFR 3052.217-90 through (HSAR) 48 CFR 3052.217-93
and (HSAR) 48 CFR 3052.217-95 through (HSAR) 48 CFR 3052.217-99 shall be
included and clause (HSAR) 48 CFR 3052.217-94 may be included in sealed bid fixed-

17-1

06-01-2006

HSAR

price solicitations and contracts for vessel repair, alteration, or conversion which are to be
performed within the United States, its possessions, or Puerto Rico. The contracting
officer may, in whole or in part (such as after incidents), increase the dollar amounts in
the clause at (HSAR) 48 CFR 3052.217-95(b)(6) and (c)(1) consistent with contract size,
inflation, and other circumstances.
(b) Unless inappropriate, the clauses in (HSAR) 48 CFR 3052.217-90 through (HSAR)
48 CFR 3052.217-93 and (HSAR) 48 CFR 3052.217-95 through (HSAR) 48 CFR
3052.217-99 should be included and (HSAR) 48 CFR 3052.217-94 may be included in
negotiated solicitations and contracts to be performed outside the United States. The
contracting officer may, in whole or in part (such as after incidents), increase the dollar
amounts in the clause at (HSAR) 48 CFR 3052.217-95(b)(6) and (c)(1) consistent with
contract size, inflation, and other circumstances.
(c) The clause at (HSAR) 48 CFR 3052.217-100, Guarantee, shall be used where general
guarantee provisions are deemed desirable by the contracting officer.
(1) When inspection and acceptance tests will afford full protection to the Government in
ascertaining conformance to specifications and the absence of defects and deficiencies,
no guarantee clause for that purpose shall be included in the contract.
(2) The customary guarantee period, to be inserted in the first sentence of the clause at
(HSAR) 48 CFR 3052.217-100, Guarantee, is 60 days. However, in certain instances, the
contracting officer may desire to include a clause in a contract for a guarantee period of
more than 60 days. In such instances:
(i) Where, after full inquiry, it has been determined that such longer guarantee period will
not involve increased costs, a longer guarantee period may be substituted by the
contracting officer for the usual 60 days; or
(ii) Where the full inquiry discloses that such longer guarantee period will involve, or is
reasonably expected to involve, increased costs, such facts and the reasons for the need
for such longer period shall be set forth in letter form to the COCO, requesting approval
for use of guarantee period in excess of 60 days. Upon approval, the longer period may
be inserted by the contracting officer in the first sentence of the clause at (HSAR) 48
CFR 3052.217-100, Guarantee.

17-2

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3018
[RESERVED]

18-1

06-01-2006
PART

3019

HSAR
SMALL BUSINESS PROGRAMS

Subpart 3019.2
3019.201

Policies
General policy.

Subpart 3019.7
3019.705

The Small Business Subcontracting Program
Responsibilities of the contracting officer under
the subcontracting assistance program.
General support for the program.
Contract clauses.
Solicitation provision and contract clauses.

3019.705-1
3019.708
3019.708-70

Subpart 3019.2 Policies
3019.201 General policy.
(d) DHS is committed to a unified team approach involving senior management, small
business specialists, acquisition personnel and program staff to support both critical
homeland security missions and meet public policy objectives concerning small business
participation in departmental procurements. The Director, Office of Small and
Disadvantaged Business Utilization, is responsible for the implementation and execution
of programs to assist small businesses, veteran owned small businesses, service-disabled
veteran owned small businesses, HUBZone small businesses, small disadvantaged
businesses, and women-owned small business concerns as required by the Small Business
Act.
Subpart 3019.7 The Small Business Subcontracting Program
3019.705 Responsibilities for the contracting officer under the subcontracting
program.
3019.705-1 General Support for the Program.
In any solicitation where subcontracting plans will be required for one or more offerors,
contracting officers may include evaluation factors that consider the quality of proposed
subcontracting plans and past performance under previous subcontracting plans.
Contracting officers must ensure that these factors do not penalize companies not
required to submit subcontracting plans.
3019.708 Contract clauses.
3019.708-70 Solicitation provision and contract clauses.

19-1

06-01-2006

HSAR

(a) The contracting officer shall insert the clause at (HSAR) 48 CFR 3052.219-70, Small
Business Subcontracting Plan Reporting, in solicitations and contracts containing the
clause at (FAR) 48 CFR 52.219-9.
(b) The contracting officer shall insert the clause at (HSAR) 48 CFR 3052.219-71, DHS
Mentor-Protégé Program in all solicitations that anticipate the need for a subcontracting
plan.
(c) The contracting officer shall insert the provision at (HSAR) 48 CFR 3052.219-72,
Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program, in all
solicitations containing (HSAR) 48 CFR 3052.219-71, DHS Mentor-Protégé Program
and (FAR) 48 CFR 52.219-9 Small Business Subcontracting Plan.

19-2

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3020
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3021
[RESERVED]

20-1

06-01-2006
PART

3022

Subpart 3022.1
3022.101
3022.101-70
3022.101-71
Subpart 3022.4
3022.406
3022.406-9

Subpart 3022.90
3022.9000
3022.9001

HSAR
APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Basic Labor Policies
Labor relations.
Admittance of union representatives to DHS
installations.
Contract clauses.
Labor Standards for Contracts Involving
Construction
Administration and enforcement.
Withholding from or suspension of contract
payments.
Local Hire (USCG).
Policy (USCG).
Contract clause (USCG).

Subpart 3022.1 Basic Labor Policies
3022.101 Labor relations.
3022.101-70 Admittance of union representatives to DHS installations.
(a) Admittance of union representatives to Transportation Security Administration or
United States Secret Service installations and work sites is not governed by this rule, but
by laws, rules, regulations, Executive Orders and policies applicable to those
Components. It is the policy of DHS to admit non-employee labor union
representatives of contractor employees to DHS installations to visit work sites and
transact labor union business with contractors, their employees, and union stewards
pursuant to existing union collective bargaining agreements. Their presence must not
interfere with the contractor's work under a DHS contract nor violate safety or security
regulations that may be applicable to persons visiting the installation. However, if there
have been incidents of vandalism, illegal work stoppages, or interference with work, the
non-employee labor union representatives may be subject to access limitations. Nonemployee labor union representatives will not be permitted to conduct meetings, collect
union dues, or make speeches concerning union matters while visiting a work site during
working hours.
(b) Whenever a non-employee labor union representative is denied entry to a work site,
the person denying entry shall make a written report to the DHS labor coordinator and
Component labor advisor, if any, within two working days after the request for entry is denied.
The report shall include the reason(s) for the denial, the name of the representative denied

22-1

06-01-2006

HSAR

entry, the union affiliation and number, and the name and title of the person that denied
the entry.
3022.101-71 Contract clauses.
(a) The contracting officer, may, when applicable, insert the clause at (HSAR) 48 CFR
3052.222-70, Strikes or Picketing Affecting Timely Completion of the Contract Work, in
solicitations and contracts.
(b) The contracting officer may, when applicable, insert the clause at (HSAR) 48 CFR
3052.222-71, Strikes or Picketing Affecting Access to a DHS Facility, in solicitations and
contracts.
Subpart 3022.4 Labor Standards for Contracts Involving Construction
3022.406 Administration and enforcement.
3022.406-9 Withholding from or suspension of contract payments.
(c) Disposition of contract payments withheld or suspended.
(1) Forwarding wage underpayments to the Comptroller General. The contracting officer
shall ensure that a completed DHS Form 0700-04, Employee Claim for Wage Restitution,
is obtained from each employee claiming restitution under the contract. The Comptroller
General (Claims Division) shall receive this form with a completed SF 1093, Schedule of
Withholding Under the Davis-Bacon Act and/or the Contract Work Hours and Safety
Standards Act, before payment can be made to the employee.
Subpart 3022.90 Local Hire (USCG).
3022.9000 Policy (USCG).
As required by 14 U.S.C. 666, the U.S. Coast Guard shall include a provision for local
hire in each contract for construction or services to be performed in whole or in part in a
State that has an unemployment rate in excess of the national average rate of
unemployment as determined by the Secretary of Labor.
3022.9001 Contract clause (USCG).
For the U.S. Coast Guard, the contracting officer shall insert the USCG clause at (HSAR)
48 CFR 3052.222-90, Local Hire (USCG), in all solicitations and contracts as stated in
(HSAR) 48 CFR 3022.9000.

22-2

06-01-2006

HSAR

PART 3023 ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY,
AND DRUG-FREE WORKPLACE
Subpart 3023.3
3023.303

Hazardous Material Identification and Material
Safety Data
Contract Clause.

Subpart 3023.5
3023.501
3023.506

Drug-Free Workplace
Applicability.
Suspension of payments, termination of contract, and
debarment and suspension actions.

Subpart 3023.10

Federal Compliance with Right-to-Know Laws and
Pollution Prevention Requirements
Applicability.

3023.1002
Subpart 3023.90
3023.9000

Safety Requirements for USCG Contracts
Contract clause (USCG).

Subpart 3023.3 Hazardous Material Identification and Material Safety Data
3023.303 Contract clause.
The contracting officer shall insert the clause at (HSAR) 48 CFR 3052.223-70, Removal
or Disposal of Hazardous Substances - Applicable Licenses and Permits, in solicitations
and contracts involving the removal or disposal of hazardous waste material.
Subpart 3023.5 Drug-Free Workplace
3023.501 Applicability.
(d) The head of any Component may issue a determination under (FAR) 48
CFR 23.501(d) to exclude Drug-Free Workplace requirements of FAR subpart 23.5 in
contracts supporting undercover law enforcement operations.
3023.506 Suspension of payments, termination of contract, and debarment and
suspension actions.
(e) Submit requests per (HSAR) 48 CFR 3001.7000.
3023.10 Federal Compliance with Right-to-Know Laws and Pollution Requirements
3023.1002 Applicability.
DHS MD 5110, Environmental Compliance, provides guidance and direction for
compliance with environmental laws.
23-1

06-01-2006

HSAR

Subpart 3023.90 Safety Requirements for USCG Contracts
3023.9000 Contract clause (USCG).
For the U.S. Coast Guard, where all or part of a contract will be performed on
Government-owned or leased property, the contracting officer shall insert the clause at
(HSAR) 48 CFR 3052.223-90, Accident and Fire Reporting.

23-2

06-01-2006
PART

3024

HSAR
PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION

Subpart 3024.1
3024.102-70

Protection of Individual Privacy
General.

Subpart 3024.2
3024.203

Freedom of Information Act
Policy.

Subpart 3024.1 Protection of Individual Privacy
3024.102-70 General.
Procedures for implementing the Privacy Act of 1974 are contained in Departmental
regulations under 6 CFR Part 5, Subpart B, Privacy Act.
Subpart 3024.2 Freedom of Information Act
3024.203 Policy.
(a) The Department's implementation of the Freedom of Information Act is codified in
regulations 6 CFR part 5, Subpart B, FOIA. Information request concerning awards
beyond those routinely handled by contracting officers (e.g., identification of successful
offerors, public announcements, debriefings, surety notices under HSAR 3028.106-6)
shall be submitted to the FOIA Office of the Component making the award.
The FOIA office for the DHS Office of Operations only, is Departmental Disclosure
Officer (DDO), DHS, Washington, D.C., 20528 or [email protected].
(b) See (FAR) 48 CFR 15.207(b) on safeguarding proposals.

24-1

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3025 FOREIGN ACQUISITION
[RESERVED]

HOMELAND SECURITY ACQUISITION
PART 3026 OTHER SOCIOECONOMIC PROGRAMS
[RESERVED]

25-1

06-01-2006
PART 3027

HSAR
PATENTS, DATA, AND COPYRIGHTS

Subpart 3027.2
3027.205
3027.208

Patents
Adjustment of royalties.
Use of patented technology under the North American Free
Trade Agreement.

Subpart 3027.3
3027.304-1
3027.304-5
3027.305-4
3027.306

Patent Rights Under Government Contracts
General.
Appeals.
Administration of Patent Rights Clause.
Licensing background patent rights to third
parties.

Subpart 3027.4
3027.404
3027.409

Rights in Data and Copyrights
Basic Rights in Data clause.
Solicitation provisions and contract clauses.

Subpart 3027.2 Patents
3027.205 Adjustment of royalties.
(a) Reports shall be made to Component legal counsel. Contracting Officers shall coordinate
actions with the COCO and HCA.
3027.208 Use of patented technology under the North American Free
Trade Agreements.
(f) Contracting officers shall ensure compliance.
Subpart 3027.3 Patent Rights under Government Contracts
3027.304-1 General.
Interim and final invention reports and notification of all subcontracts for experimental,
developmental, or research work (FAR) 48 CFR 27.304-1(e)(2)(ii) may be submitted on
DD Form 882, Report of Inventions and Subcontracts.
3027.304-5

Appeals.

(a) Contracting officers are authorized to take the specified actions.
(b) Appeals shall be made to the CPO.
3027.305 Administration of Patent Rights Clauses.

27-1

06-01-2006

HSAR

3027.305-4 Conveyance of invention rights acquired by the Government.
The contracting officer shall ensure that solicitations and contracts which include a patent
rights clause include a means for the contractor to report inventions made in the course of
contract performance and at contract completion. This requirement may be fulfilled by
requiring the contractor to submit a DD Form 882, Report of Inventions and Subcontract.
3027.306 Licensing background patent rights to third parties.
(b) The CPO shall make the required determinations and notifications under this subpart.
Subpart 3027.4 Rights in Data and Copyrights
3027.404 Basic rights in data clause.
(f)(1)(iii) The DHS will use Alternate IV of the (FAR) 48 CFR clause 52.227-14 in all
contracts containing the basic clause, unless the HCA approves an exclusion. Approval
at a level above the contracting officer is required for the contract to exclude items or
categories of data from Alternative IV.
3027.409 Solicitation provisions and contract clauses.
Alternate IV of the (FAR) 48 CFR clause 52.227-14 shall be included in solicitations and
contracts containing the basic clause unless the HCA approves an exclusion. Additional
non-conflicting alternates may be used.

27-2

06-01-2006
PART

3028

HSAR
BONDS AND INSURANCE

Subpart 3028.1
3028.106
3028.106-6
3028.106-70
3028.106-490

Bonds and Other Financial Protections
Administration.
Furnishing information.
Execution and administration of bonds.
Contract clause (USCG).

Subpart 3028.3
3028.306
3028.306-90
3028.307
3028.307-1
3028.310

Insurance
Insurance under fixed-price contracts.
Contracts for lease of aircraft (USCG).
Insurance under cost-reimbursement contracts.
Group insurance plans.
Contract clause for work on a Government
installation.
Contract clause.
Solicitation provision and contract clause on liability insurance
under cost-reimbursement contracts.
Contract clause.

3028.310-70
3028.311
3028.311-1

Subpart 3028.1 Bonds and Other Financial Protections
3028.106 Administration.
3028.106-6 Furnishing information.
(b) The contracting officer shall, upon request, furnish the name and address of the prime
contractor's surety or sureties to employees, suppliers, and subcontractors having a
contractual or employment relationship with prime contractors, subcontractors or
suppliers. When furnishing surety information, the inquirer may also be informed that:
(1) Persons believing that they have legal remedies under the Miller Act are cautioned to
consult their own legal advisor regarding the proper steps to take to obtain remedies.
(2) On construction contracts exceeding $2,000, if the contracting officer is informed
(through routine compliance checking, a complaint, or a request for information) that a
laborer, mechanic, apprentice, trainee, watchman, or guard employed by the contractor or
subcontractor at any tier may have been paid wages less than those required by the
applicable labor standards provisions of the contract, the contracting officer shall
promptly initiate an investigation in accordance with (FAR) 48 CFR Subpart 22.4,
irrespective of the employee's rights under the Miller Act. When an employee's request
for information is involved, the contracting officer shall inform the inquirer that such
investigation will be made. Such investigation is required pursuant to the provisions of
the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, and Copeland
(Anti-Kickback) Act for assuring proper payment to such employees.

28-1

06-01-2006

HSAR

(c) When furnishing a copy of a payment bond and contract in accordance with (FAR) 48
CFR 28.106-6(c), the requirement for a copy of the contract may be satisfied by
furnishing a machine-duplicate copy of the contract’s cover pages which show the
contract number and date, the contractor's name and signature, the contracting officer's
signature, and the description of the contract work. The contracting officer furnishing the
copies shall place the statement "Certified to be a true and correct copy" followed by a
signature, title and name of the Component. The fee for furnishing the requested certified
copies shall be determined according to the DHS Freedom of Information Act regulation,
6 CFR Part 5, Subpart B.
3028.106-70

Execution and administration of bonds.

(a) The contracting officer shall notify the surety within 30 days, of the contractor's
failure to perform in accordance with the terms of the contract.
(b) When a partnership is a principal on a bond, the names of all the members of the firm
shall be listed in the bond following the name of the firm, and the phrase "a partnership
composed of." If a principal is a corporation, the state of incorporation shall also appear
on the bond.
(c) Performance or payment bond(s) other than an annual bond shall not predate the
contract to which it pertains.
(d) Bonds may be filed with the original contract to which they apply, or all bonds can be
separately maintained and reviewed quarterly for validity. If separately maintained, each
contract file shall cross-reference the applicable bonds.
3028.106-490

Contract clause (USCG).

For the U.S. Coast Guard, the contracting officer shall insert the USCG clause at (HSAR)
48 CFR 3052.228-90, Notification of Miller Act Payment Bond Protection (USCG), in
solicitations and contracts, and shall require its first-tier subcontractors to insert the
clause in all of their subcontracts, when payment bonds are required.
Subpart 3028.3 Insurance
3028.306 Insurance under fixed-price contracts.
3028.306-90 Contracts for lease of aircraft (USCG).
(a) For the U.S. Coast Guard, the contracting officer shall insert the clauses at (HSAR) 48
CFR 3052.228-91 through 3052.228-93, unless otherwise indicated by the specific
instructions for their use, in any contract for the lease of aircraft (including aircraft used
in out-service flight training).

28-2

06-01-2006

HSAR

(b) For the U.S. Coast Guard, the contracting officer shall insert the clause at (HSAR) 48
CFR 3052.228-91, Loss of or Damage to Leased Aircraft, in any contract for the lease of
aircraft, except in the following circumstances:
(1) When the hourly rental rate does not exceed $250 and the total rental cost for any
single transaction is not in excess of $2,500:
(2) When the cost of hull insurance does not exceed 10 percent of the contract rate; or
(3) When the lessor's insurer does not grant a credit for uninsured hours, thereby
preventing the lessor from granting the same to the Government.
(c) For the U.S. Coast Guard, the contracting officer shall insert the clause at (HSAR) 48
CFR 3052.228-92, Fair Market Value of Aircraft, when fair market value of the aircraft
can be determined.
(d) 49 U.S.C. 44112, as amended, provides that no lessor of an aircraft under a bona fide
lease of 30 days or more shall be liable by reason of his interest as lessor or title-holder of
the aircraft for any injury to or death of persons, or damage to or loss of property, unless
such aircraft is in the actual possession or control of such person at the time of such
injury, death, damage or loss. On short-term or intermittent-use leases, however, the
owner may be liable for damage caused by operation of the aircraft. It is usual for the
aircraft owner to retain insurance covering this liability during the term of such lease.
Such insurance can, often for little or no increase in premium, be made to cover the
Government's exposure to liability as well. In order to take advantage of this coverage,
the Risks and Indemnities clause at (HSAR) 48 CFR 3052.228-93 prescribed in
paragraph (d)(1) of this section shall be used.
(1) For the U.S. Coast Guard, the contracting officer shall insert the clause at (HSAR) 48
CFR 3052.228-93, Risk and Indemnities, in any contract for out-service flight training or
for the lease of aircraft when the Government will have exclusive use of the aircraft for a
period of less than thirty days.
(2) For the U.S. Coast Guard, any contract for out-service flight training shall include a
clause in the contract schedule stating substantially that the contractor's personnel shall at
all times during the course of the training be in command of the aircraft and that at no
time shall other personnel be permitted to take command of the aircraft.
3028.307 Insurance under cost-reimbursement contracts.
3028.307-1 Group insurance plans.
Plans shall be submitted to the contracting officer, who must obtain the advice of legal
counsel.
3028.310 Contract clause for work on a Government installation.

28-3

06-01-2006

3028.310-70

HSAR

Contract clause.

Insert a clause substantially similar to (HSAR) 48 CFR 3052.228-70, "Insurance," in all
solicitations and contracts that contain the clause at (FAR) 47 CFR 52.228-5.
3028.311 Solicitation provision and contract clause on liability insurance under
cost-reimbursement contracts.
3028.311-1 Contract clause.
Insert a clause substantially similar to (HSAR) 48 CFR 3052.228-70, "Insurance," in all
solicitations and contracts that contain the clause at (FAR) 48 CFR 52.228-7, unless
waived by an official one level above the contracting officer.

28-4

06-01-2006

HSAR

HOMELAND SECURITY ACQUISITION REGULATION
PART 3029 TAXES
[RESERVED]

29-1

06-01-2006
PART

3030

Subpart 3030.2
3030.201
3030.201-5

HSAR
COST ACCOUNTING STANDARDS
ADMINISTRATION
CAS Program Requirements
Contract requirements.
Waiver.

Subpart 3030.2 CAS Program Requirements
3030.201 Contract requirements.
3030.201-5 Waiver.
(a) The CPO is authorized to waive the applicability of the Cost Accounting Standards
(CAS) under (FAR) 48 CFR 30.201-5(b). This authority may not be redelegated.
(c) Waiver requests must conform to (HSAR) 48 CFR 3001.70.

30-1

06-01-2006
PART

HSAR

3031

CONTRACT COST PRINCIPLES AND PROCEDURES

Subpart 3031.2
3031.205
3031.205-32

Contracts with Commercial Organizations.
Selected Costs.
Precontract costs.

Subpart 3031.2 Contracts with Commercial Organizations
3031.205 Selected costs.
3031.205-32

Precontract costs.

(a) The decision to incur precontract costs is that of the contractor. DHS employees may
not authorize, demand, or require a contractor to incur precontract costs. The contracting
officer must advise the prospective contractor that any costs incurred before contract
award are incurred at the contractor's sole risk and that if negotiations fail to result in a
binding contract, payment of these costs will not be made by the Government. See
(HSAR) 48 CFR 3032.205-31(b) regarding exception due to reconciliation of costs.
(b) When the contracting officer determines that incurring precontract costs was
necessary to meet the proposed contract delivery schedule of a cost-reimbursement
contract, the clause at (HSAR) 48 CFR 3052.231-70, Precontract Costs, may be inserted
in the resultant contract.

31-1

06-01-2006
PART

HSAR

3032

CONTRACT FINANCING

Subpart 3032.000
3032.003
3032.006

Scope of part
Simplified acquisition procedures financing.
Reduction or suspension of contract payments upon finding of
fraud.
Definition.
Responsibilities.

3032.006-2
3032.006-3
Subpart 3032.11
3032.1110
Subpart 3032.000

Electronic Funds Transfer
Solicitation provision and contract clauses.
Scope of part

3032.003 Simplified acquisition procedures financing.
Contract financing may be permitted for purchases made under the authority of (FAR) 48
CFR Part 13. This authority is delegated to COCO and may not be redelegated.
3032.006 Reduction or suspension of contract payments upon finding of fraud.
3032.006-2 Definition.
The CPO is the DHS remedy coordination official (RCO).
3032.006-3 Responsibilities.
(a) The CPO is authorized to establish specific procedures.
(b) Reports shall be made through the HCA to the CPO.
3032.11 Electronic Funds Transfer
3032.1110 Solicitation provision and contract clauses.
(a)(1) Contracting officer shall insert FAR 48 CFR 52.232-33, Payment by Electronic
Funds Transfer--Central Contractor Registration, in all proposed solicitations and
contracts.

32-1

06-01-2006
PART

3033

HSAR
PROTESTS, DISPUTES, AND APPEALS

Subpart 3033.2
3033.201
3033.211
3033.214

Disputes and Appeals
Definitions.
Contracting officer's decision.
Alternative disputes resolution (ADR).

Subpart 3033.2

Disputes and Appeals

3033.201 Definitions.
Agency Board of Contract Appeals means the Civilian Board of Contract Appeals
(CBCA).
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) 1800 F Street, NW., Washington, D.C.
20405.
3033.214 Alternative dispute resolution (ADR).
(c) The Administrative Dispute Resolution Act (ADRA) of 1996, as amended, 5 U.S.C.
571, et. seq., authorizes and encourages agencies to use mediation, conciliation,
arbitration, and other techniques for the prompt and informal resolution of disputes, and
for other purposes. CBCA guidance on ADR amy be obtained at http://www.gsbca.gsa.gov/
CBCA-17712-v1-CBCA_ADR_INFORMATION.pdf or from the CBCA upon request.
ADR procedures may be used -(1) When there is mutual consent by the parties to participate in the ADR process (with
consent being obtained either before or after an issue in controversy has arisen);
(2) Prior to the submission of a claim; and
(3) In resolution of a formal claim.

33-1

06-01-2006

HSAR
HOMELAND SECURITY ACQUISITION REGULATION
PART 3034 MAJOR SYSTEM ACQUISITION
[RESERVED]

34-1

06-01-2006
PART

3035

HSAR
RESEARCH AND DEVELOPMENT CONTRACTING

Subpart 3035.000
3035.003
3035.017

Scope of Part
Policy.
Federally Funded Research and Development Centers.

Subpart 3035.70
3035.7000

Information Dissemination by Educational Institutions
Contract clause.

Subpart 3035.000

Scope of Part

3035.003 Policy.
(b) Cost sharing shall be determined on a case by case basis. Components may establish
procedures for cost sharing.
(c) Recoupment shall be determined on a case-by-case basis. Recoupment not otherwise
required by law should be structured to address factors such as recovering the
Department's fair share of its investment in nonrecurring costs related to the items
acquired. Advice of legal counsel shall be obtained prior to establishing cost sharing
policies and recoupment mechanisms under (FAR) 48 CFR 35.003(b) and (c).
3035.017 Federally Funded Research and Development Centers.
(a) In accordance with Section 309(b) of the Homeland Security Act, 6 U.S.C. 189(b),
DHS may be a joint sponsor under a multiple agency sponsorship arrangement with the
Department of Energy (DOE) of one or more DOE national laboratories or sites. DOE
shall be the primary sponsor under any multiple agency sponsorship arrangement with
DOE laboratories or sites. Work performed by a DOE national laboratory or site under a
joint sponsorship arrangement with DHS Components shall comply with policy on the use of
Federally Funded Research and Development Centers (FFRDCs) in (FAR) 48 CFR
35.017.
3035.70 Information Dissemination by Educational Institutions
3035.7000 Contract clause.
The contracting officer may use the clause at (HSAR) 48 CFR 3052.235-70,
Dissemination of Information - Educational Institutions, except in contracts that require
coordination of information release.

35-1

06-01-2006

HSAR

PART 3036

CONSTRUCTION AND ARCHITECT-ENGINEER
CONTRACTS

Subpart 3036.2
3036.201

Special Aspects of Contracting for Construction
Evaluation of contractor performance.

Subpart 3036.5
3036-570

Contract Clauses
Special precautions for work at operating
airports.

Subpart 3036.2 Special Aspects of Contracting for Construction
3036.201 Evaluation of contractor performance.
(a)(2) Performance reports shall be prepared and entered into the Contractor Performance
System (CPS) on an annual basis for contracts exceeding one year, or as otherwise
required by (FAR) 48 CFR 36.201. Access to reports is through the CPS or the
government-wide system, Past Performance Information Retrieval System (PPIRS).
Subpart 3036.5 Contract Clauses.
3036.570 Special precautions for work at operating airports.
Where any acquisition will require work at an operating airport, insert the clause at
(HSAR) 48 CFR 3052.236-70, Special Precautions for Work at Operating Airports, in
solicitations and contracts.

36-1

06-01-2006
PART

3037

Subpart 3037.1
3037.103
3037.103-70
3037.103-71
3037.104
3037.104-70
3037.104-90
3037.104-91
3037.110-70

HSAR
SERVICE CONTRACTING
Service Contracts – General
[Removed and reserved]
[Removed]
[Removed]
Personal services contracts.
Personal services contracts.
Personal services contracts (USCG).
Personal services with individuals under the authority of 10
U.S.C. 1091 (USCG).
[Removed and reserved]

Subpart 3037.1 Service Contracts – General
3037.103 [Removed and reserved]
3037.103-70 [Removed]
3037.103-71 [Removed]
3037.104 Personal services contracts.
3037.104-70 Personal services contracts.
(b) Authorization to acquire the personal services of experts and consultants is included
in section 832 of the Homeland Security Act, 6 U.S.C. 392. This section includes
authority to use personal service contracts without regard to the pay limitation of 5
U.S.C. 3109 when the services are necessary due to an urgent homeland security need.
3037.104-90 Personal services contracts (USCG).
The U.S. Coast Guard HCA may enter into medical personal services contracts in
accordance with 10 U.S.C. 1091.
3037.104-91 Personal services contracts with individuals under the authority of 10
U.S.C. 1091 (USCG).
(a) Health care personal services contracts awarded to individuals shall be selected
through procedures established in this section. Selections made using the procedures in
this section are exempt by statute from (HSAR) 48 CFR part 3006 competition
requirements (see (HSAR) 48 CFR 3006.9000 (USCG)) and from (FAR) 48 CFR Part 6
competition requirements.

37-1

06-01-2006

HSAR

(b) The contracting officer shall provide adequate advance notice of contracting
opportunities to individuals residing in the area of the facility. The notice should include
the qualification criteria against which individuals responding shall be evaluated.
Contracting officers shall solicit offerors through the most effective means of seeking
competition, such as a local publication, which serves the area of the facility.
Acquisitions of health care services using personal services contracts are exempt from
posting and synopsis requirements of (FAR) 48 CFR Part 5.
(c) The contracting officer shall provide the qualifications of individuals responding to
the notice to the representative(s) responsible for evaluation and ranking according to the
evaluation procedures. Individuals shall be considered solely on the professional
qualifications established for the particular health care services being acquired and the
Government's estimate of reasonable rates, fees, or costs. The representative(s)
responsible for the evaluation and ranking shall provide the contracting officer with
rationale for the ranking of the individuals consistent with the required qualifications.
(d) Upon receipt of the ranked listing of offerors, the contracting officer shall either:
(1) Enter into negotiations with the highest ranked offeror. If a mutually satisfactory
contract cannot be negotiated, the contracting officer shall terminate negotiations with the
highest ranked offeror and enter into negotiations with the next highest, or;
(2) Enter into negotiations with all qualified offerors and select on the basis of
qualifications and rates, fees, or other costs.
(e) In the event only one individual responds to an advertised requirement, the
contracting officer is authorized to negotiate the contract award. In this case, the
individual must still meet the minimum qualifications of the requirement and the
contracting officer must be able to make a determination that the price is fair and
reasonable.
(f) If a fair and reasonable price cannot be obtained from a qualified individual, the
requirement should be canceled and acquired using procedures other than those set forth
in this section.
(g) The total amount paid to an individual in any year for health care services under a
personal services contract shall not exceed the paycap in COMDTINST M4200.19
(series), Coast Guard Acquisition Procedures.
(h) The contract may provide for the same per diem and travel expenses authorized for a
Government employee, including actual transportation and per diem in lieu of subsistence
for travel between home or place of business and official duty station and only for travel
outside the local area in support of the statement of work.
(i) Coordinate benefits, taxes and maintenance of records with the appropriate office(s).

37-2

06-01-2006

HSAR

(j) The contracting officer shall insure that contract funds are sufficient to cover all
contingency items that may be cited in the statement of work for health care services.
3037.110 [Removed and reserved]
3037.110-70 [Removed]

37-3

06-01-2006

HSAR
HOMELAND SECURITY ACQUISITION REGULATION
PART 3038
FEDERAL SUPPLY SCHEDULE CONTRACTING
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3039
ACQUISITION OF INFORMATION TECHNOLOGY
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3040
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3041
ACQUSITION OF UTILITY SERVICES
[RESERVED]

38-1

06-01-2006
PART

3042

HSAR
CONTRACT ADMINISTRATION AND AUDIT
SERVICES

Subpart 3042.2
3042.202
3042.202-70

Contract Administration Services
Assignment of contract administration.
Contract clause.

Subpart 3042.15
3042.1502

Contractor Performance Information
Policy.

Subpart 3042.70
3042.7000

Contracting Officer's Technical Representative
Contract clause.

Subpart 3042.2 Contract Administration Services
3042.202 Assignment of contract administration.
3042.202-70 Contract clause.
The contracting officer may insert the clause at (HSAR) 48 CFR 3052.242-71,
Dissemination of Contract Information, in DHS contracts. For contracts with
educational institutions, the contracting officer may instead use (HSAR) 48 CFR
3052.235-70, Dissemination of Information – Educational Institutions, when coordination
of information release is not required.
Subpart 3042.15 Contractor Performance Information
3042.1502 Policy.
(a) Components shall use the Contractor Performance System (CPS) for evaluating contractor
performance in accordance with (FAR) 48 CFR Parts 42.1502 and 1503.
Subpart 3042.70 Contracting Officer's Technical Representative
3042.7000 Contract clause.
The contracting officer shall insert the clause at (HSAR) 48 CFR 3052.242-72,
Contracting Officer's Technical Representative, in solicitations and contracts when it is
intended that a representative will be assigned to the contract to perform functions of a
technical nature.

42-1

06-01-2006

HSAR
HOMELAND SECURITY ACQUISITION REGULATION
PART 3043
CONTRACT MODIFICATIONS
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3044
SUBCONTRACTING POLICIES AND PROCEDURES
[RESERVED]

43-1

06-01-2006
PART

HSAR

3045

GOVERNMENT PROPERTY

Subpart 3045.5
3045.505
3045.505-14
3045.505-70
3045.508
3045.508-2
3045.508-3
3045.511

Management of Government Property in the Possession of
Contractors
Records and reports of Government property.
Reports of Government property.
Solicitation provisions and contract clauses.
Physical inventories.
Reporting results of inventories.
Quantitative and monetary control.
Audit of property control system.

Subpart 3045.5 Management of Government Property in the Possession of
Contractors
3045.505 Records and reports of Government property.
3045.505-14 Reports of Government property.
(a) When Government property is furnished to or acquired by the contractor to perform
the contract, the contract shall require the contractor to submit annual reports (see (FAR)
48 CFR 45.505-14) to the contracting officer not later than September 15 of each year.
The contractor's report shall be submitted on DHS Form 0700-05, Contractor Report of
Government Property.
3045.505-70

Solicitation provisions and contract clauses.

Contracting officers shall insert the clause at (HSAR) 48 CFR 3052.245-70 in
solicitations and contracts when the contract will require Government provided or
contractor acquired property.
3045.508 Physical inventories.
3045.508-2 Reporting results of inventories.
The inventory report shall also include the following:
(a) Name and title of the individual(s) that performed the physical inventory;
(b) An itemized, categorized listing of all property capitalized:
(1) Land and rights therein;
(2) Other real property;

45-1

06-01-2006

HSAR

(3) Plant equipment;
(4) Special test equipment; and
(5) Special tooling;
(c) An itemized listing of the property lost, damaged, destroyed, or stolen, the
circumstances surrounding each incident, and the resolution of the incident; and
(d) Any discrepancies between the physical inventory and the contractor's record of
Government property.
3045.508-3 Quantitative and monetary control.
Contracting officers shall require the contractor to provide the quantity and unit cost of
each item of Government property reported under (HSAR) 48 CFR 3045.508-2(b) and
(c).
3045.511 Audit of property control system.
(a) The property administrator (or other Government official authorized by the
contracting officer) shall audit the contractor's property control system whenever there
are indications that the contractor's property control system may be deficient. Examples
of deficiencies are:
(1) Failure of the contractor to acknowledge receipt of GFP;
(2) Failure of the contractor to submit the annual property reports required by (HSAR) 48
CFR 3045.505-14;
(3) Failure of the contractor to reconcile its physical inventory with its property control
record; or
(4) Failure of the contractor to submit a Government property listing when requested by
the property administrator.
(b) When it is determined that the contractor's property control system is deficient, the
property administrator, in coordination with the contracting officer, shall discuss the
deficiencies with the contractor. If the contractor does not take action to correct the
deficiencies, the contracting officer shall provide the contractor with a written notice of
the deficiencies and the date all deficiencies shall be corrected.

45-2

06-01-2006
PART

3046

Subpart 3046.7
3046.702
3046.702-70
3046.703
3046.705
3046.706
3046.790
3046.790-1
3046.790-2
3046.790-3
3046.790-4

HSAR
QUALITY ASSURANCE
Warranties
[Removed and reserved]
[Removed]
[Removed and reserved]
[Removed and reserved]
[Removed and reserved]
Use of warranties in major systems acquisitions by the USCG
(USCG).
Scope (USCG).
Definitions (USCG).
Policy (USCG).
Waiver (USCG).

3046.7 Warranties
3046.702 [Removed and reserved]
3046.703 [Removed and reserved]
3046.705 [Removed and reserved]
3046.706 [Removed and reserved]

3046.790 Use of warranties in major systems acquisitions by the (USCG).
3046.790-1 Scope (USCG).
This subpart provides the policy for the USCG to use in obtaining warranties from
contractors when contracting for the acquisition of a major system.
3046.790-2 Definitions (USCG).
As used in this part:
At no additional cost to the Government means without an increase in price for firmfixed-price contracts, without an increase in target or ceiling price for fixed price
incentive contracts (see (FAR) 48 CFR 46.707).
Defect means any condition or characteristic in any supplies or services furnished by the
contractor under the contract that is not in compliance with the requirements of the
contract.

46-1

06-01-2006

HSAR

Design and manufacturing requirement means structural and engineering plans and
manufacturing particulars, including precise measurements, tolerances, materials and
finished product tests for the major system being produced.
Performance requirements means the operating capabilities, maintenance, and reliability
characteristics of a system that are determined to be necessary for it to fulfill the
requirement for which the system is designed.
3046.790-3 Policy (USCG).
(a) Major Systems. The use of warranties by the USCG in the procurement of major
systems valued at $10,000,000 or higher is mandatory, unless waived (see (HSAR) 48
CFR 3046.790-4).
(b) Any warranty on major system acquisitions shall not apply in the case of any system
or component thereof which has been furnished by the Government to a contractor except
as indicated in paragraph (c)(4) of this section.
(c) When drafting warranty provisions/clauses for major systems acquisitions, the
contracting officer shall ensure that the items listed at the Homeland Security Acquisition
Manual (HSAM) Chapter 3046 have been considered. The warranty shall also meet the
following requirements:
(1) For systems or components that are commercially available, such warranty as is
normally provided by the manufacturer or supplier shall be obtained in accordance with
(FAR) 48 CFR 46.703(d) and 46.710(b)(2).
(2) For systems or components provided in accordance with either design and
manufacturing or performance requirements as specified in the contract or any
modification to that contract, a warranty of compliance with the stated requirements shall
be obtained.
(3) Any warranty obtained shall specifically exclude coverage for combat damage.
(4) A contractor for a major systems acquisition shall not be required to provide the
warranties specified in this section on any property furnished to that contractor by the
Government except for defects in installation.
3046.790-4 Waiver (USCG).
(a) The Secretary of Homeland Security may waive the requirement for a warranty for
USCG major system acquisitions when the waiver is in the interest of national defense or
if the warranty obtained would not be cost beneficial. A waiver may be granted provided
that the Committees on Appropriations of the Senate and the House of Representatives,
the Committee on Commerce, Science and Transportation of the Senate, and the
Committee on Merchant Marine and Fisheries of the House of Representatives are

46-2

06-01-2006

HSAR

notified, in writing, of the Secretary's intention to waive the warranty requirements and
the reasons supporting such a determination, prior to granting the waiver. The request for
Secretarial waiver shall include, as a minimum:
(1) A brief description of the major system and its stage of production (e.g., the number
of units delivered and anticipated to be delivered during the life of the program);
(2) The specific waiver requested, the duration of the waiver if it is to involve more than
one contract, and the rationale for the waiver; and
(3) All documentation supporting the request for waiver, such as a cost-benefit analysis.
(b) The waiver request shall be forwarded to the Secretary, via the CPO. The USCG
shall maintain a written record of each waiver granted and the Congressional notification
and report made, together with supporting documentation.

46-3

06-01-2006
PART 3047
Subpart

HSAR
TRANSPORTATION

3047.3
3047.305
3047.305-70

Transportation in Supply Contracts
Solicitation provisions, contract clauses, and
transportation factors.
Solicitation provision.

Subpart 3047.3 Transportation in Supply Contracts
3047.305 Solicitation provisions, contract clauses, and transportation factors.
3047.305-70 Solicitation provisions.
The contracting officer shall insert the following provisions in solicitations, as applicable:
(a) (HSAR) 48 CFR 3052.247-70, F.o.b. Origin Information, with Alternates I or II, as
applicable, shall be inserted in accordance with (FAR) 48 CFR 47.305-3(b);
(b) (HSAR) 48 CFR 3052.247-71, F.o.b. Origin Only, shall be inserted in accordance
with (FAR) 48 CFR 47.305-3(e); and
(c) (HSAR) 48 CFR 3052.247-72, F.o.b. Destination Only, shall be inserted in
accordance with (FAR) 48 CFR 47.305-4(b).

47-1

06-01-2006

HSAR
HOMELAND SECURITY ACQUISITION REGULATION
PART 3048
VALUE ENGINEERING
[RESERVE]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3049
TERMINATION OF CONTRACTS
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3050
EXTRAORDINARY CONTRACTUAL ACTIONS
[RESERVED]

HOMELAND SECURITY ACQUISITION REGULATION
PART 3051
USE OF GOVERNMENT SOURCES BY CONTRACTORS
[RESERVED]

48-1

06-01-2006

HSAR

PART 3052 SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 3052.1
3052.101

Instructions for Using Provisions and Clauses
Using Part 3052.

Subpart 3052.2
3052.204-70

Texts of Provisions and Clauses
Security Requirements for Unclassified Information
Technology Resources.
3052.204-71 Contractor Employee Access.
3052.209-70 Prohibition on Contracts with Corporate Expatriates.
3052.209-71 Reserve Officer Training Corps and Military
Recruiting on Campus.
3052.209-72 Organizational Conflict of Interest.
3052.209-73 Limitation on Future Contracting.
3052.211-70 Index for Specifications.
3052.211-90 [Removed]
3052.213-90 [Removed]
3052.215-70 Key Personnel or Facilities.
3052.216-70 Evaluation of Offers Subject to an Economic Price Adjustment
Clause.
3052.216-71 Determination of Award Fee.
3052.216-72 Performance Evaluation Plan.
3052.216-73 Distribution of Award Fee.
3052.216-74 Settlement of Letter Contract.
3052.217-90 Delivery and Shifting of Vessel (USCG).
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).
3052.219-70 Small Business Subcontracting Plan Reporting.
3052.219-71 DHS Mentor-Protégé Program.
3052.219-72 Evaluation of Prime Contractor Participation in the DHS
Mentor-Protégé Program.
3052.222-70 Strikes or Picketing Affecting Timely Completion of the
Contract Work.
3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility.
3052.222-90 Local Hire (USCG).
3052.223-70 Removal or Disposal of Hazardous Substances-Applicable
Licenses and Permits.

52-1

06-01-2006
3052.223-90
3052.228-70
3052.228-90
3052.228-91
3052.228-92
3052.228-93
3052.231-70
3052.235.70
3052.236-70
3052.237-70
3052.237-71
3052.237-72
3052.242.70
3052.242-71
3052.242-72
3052.245-70
3052.247-70
3052.247-71
3052.247-72

HSAR
Accident and Fire Reporting (USCG).
Insurance.
Notification of Miller Act Payment Bond Protection (USCG).
Loss of or Damage to Leased Aircraft (USCG).
Fair Market Value of Aircraft (USCG).
Risk and Indemnities (USCG).
Precontract Costs.
Dissemination of Information-Educational Institutions.
Special Provisions for Work at Operating Airports.
[Removed]
[Removed]
[Removed]
[Removed and reserved]
Dissemination of Contract Information.
Contracting Officer’s Technical Representative.
Government Property reports.
F.o.B. Origin Information.
F.o.B. Origin Only.
F.o.B. Destination Only.

Subpart 3052.1 Instructions for Using Provisions and Clauses
3052.101 Using Part 3052.
(b) Numbering.
(2)(i) Provisions or clauses that supplement the FAR.
(A) Agency-prescribed provisions and clauses permitted by HSAR and used on a
standard basis (i.e., normally used in two or more solicitations or contracts regardless of
contract type) shall be prescribed and contained in the HSAR. Components desiring to use a
provision or a clause on a standard basis shall submit a request containing a copy of the
clause(s), justification for its use, and evidence of legal counsel review to the CPO in
accordance with (HSAR) 48 CFR 3001.304 for possible inclusion in the HSAR.
(B) Provisions and clauses used on a one-time basis (i.e., non-standard provisions and
clauses) may be approved by the contracting officer, unless a higher level is designated
by the Component. This authority is subject to:
(1) Evidence of legal counsel review in the contract file;
(2) Inserting these clauses in the appropriate sections of the uniform contract format; and
(3) Ensuring the provisions and clauses do not deviate from the requirements of the FAR
and HSAR.

52-2

06-01-2006

HSAR

Subpart 3052.2 Text of Provisions and Clauses
3052.204-70 Security requirements for unclassified information technology
resources.
As prescribed in (HSAR) 48 CFR 3004.470-3 Contract clauses, insert a clause
substantially the same as follows:
SECURITY REQUIREMENTS FOR UNCLASSIFIED
INFORMATION TECHNOLOGY RESOURCES
(JUN 2006)
(a) The Contractor shall be responsible for Information Technology (IT) security for all
systems connected to a DHS network or operated by the Contractor for DHS, regardless
of location. This clause applies to all or any part of the contract that includes information
technology resources or services for which the Contractor must have physical or
electronic access to sensitive information contained in DHS unclassified systems that
directly support the agency’s mission.
(b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan
shall describe the processes and procedures that will be followed to ensure appropriate
security of IT resources that are developed, processed, or used under this contract.
(1) Within ____[“insert number of days”] days after contract award, the contractor shall
submit for approval its IT Security Plan, which shall be consistent with and further detail
the approach contained in the offeror's proposal. The plan, as approved by the
Contracting Officer, shall be incorporated into the contract as a compliance document.
(2) The Contractor’s IT Security Plan shall comply with Federal laws that include, but are
not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the
Government Information Security Reform Act of 2000; and the Federal Information
Security Management Act of 2002; and with Federal policies and procedures that include,
but are not limited to, OMB Circular A-130.
(3) The security plan shall specifically include instructions regarding handling and
protecting sensitive information at the Contractor’s site (including any information
stored, processed, or transmitted using the Contractor’s computer systems), and the
secure management, operation, maintenance, programming, and system administration of
computer systems, networks, and telecommunications systems.
(c) Examples of tasks that require security provisions include-(1) Acquisition, transmission or analysis of data owned by DHS with significant
replacement cost should the contractor’s copy be corrupted; and
(2) Access to DHS networks or computers at a level beyond that granted the general
public (e.g., such as bypassing a firewall).

52-3

06-01-2006

HSAR

(d) At the expiration of the contract, the contractor shall return all sensitive DHS
information and IT resources provided to the contractor during the contract, and certify
that all non-public DHS information has been purged from any contractor-owned system.
Components shall conduct reviews to ensure that the security requirements in
the contract are implemented and enforced.
(e) Within 6 months after contract award, the contractor shall submit written proof of IT
Security accreditation to DHS for approval by the DHS Contracting Officer.
Accreditation will proceed according to the criteria of the DHS Sensitive System Policy
Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which
the Contracting Officer will provide upon request. This accreditation will include a final
security plan, risk assessment, security test and evaluation, and disaster recovery
plan/continuity of operations plan. This accreditation, when accepted by the Contracting
Officer, shall be incorporated into the contract as a compliance document. The contractor
shall comply with the approved accreditation documentation.
(End of clause)
3052.204-71 Contractor employee access.
As prescribed in (HSAR) 48 CFR 3004.470-3(b), insert a clause substantially the
same as follows with appropriate alternates:
CONTRACTOR EMPLOYEE ACCESS
(JUN 2006)
(a) Sensitive Information, as used in this Chapter, means any information, the loss,
misuse, disclosure, or unauthorized access to or modification of which could adversely
affect the national or homeland security interest, or the conduct of Federal programs, or
the privacy to which individuals are entitled under section 552a of title 5, United States
Code (the Privacy Act), but which has not been specifically authorized under criteria
established by an Executive Order or an Act of Congress to be kept secret in the interest
of national defense, homeland security or foreign policy. This definition includes the
following categories of information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security
Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations
thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII
Procedures Manual, as amended, and any supplementary guidance officially
communicated by an authorized official of the Department of Homeland Security
(including the PCII Program Manager or his/her designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal
Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and
Control of SSI,” as amended, and any supplementary guidance officially communicated

52-4

06-01-2006

HSAR

by an authorized official of the Department of Homeland Security (including the
Assistant Secretary for the Transportation Security Administration or his/her designee);
(3) Information designated as “For Official Use Only,” which is unclassified information
of a sensitive nature and the unauthorized disclosure of which could adversely impact a
person’s privacy or welfare, the conduct of Federal programs, or other programs or
operations essential to the national or homeland security interest; and
(4) Any information that is designated “sensitive” or subject to other controls, safeguards
or protections in accordance with subsequently adopted homeland security information
handling procedures.
(b) “Information Technology Resources” include, but are not limited to, computer
equipment, networking equipment, telecommunications equipment, cabling, network
drives, computer drives, network software, computer software, software programs,
intranet sites, and internet sites.
(c) Contractor employees working on this contract must complete such forms as may be
necessary for security or other reasons, including the conduct of background
investigations to determine suitability. Completed forms shall be submitted as directed by
the Contracting Officer. Upon the Contracting Officer's request, the Contractor's
employees shall be fingerprinted, or subject to other investigations as required. All
contractor employees requiring recurring access to Government facilities or access to
sensitive information or IT resources are required to have a favorably adjudicated
background investigation prior to commencing work on this contract unless this
requirement is waived under Departmental procedures.
(d) The Contracting Officer may require the contractor to prohibit individuals from
working on the contract if the government deems their initial or continued employment
contrary to the public interest for any reason, including, but not limited to, carelessness,
insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to sensitive information. Therefore, the
Contractor shall not disclose, orally or in writing, any sensitive information to any person
unless authorized in writing by the Contracting Officer. For those contractor employees
authorized access to sensitive information, the contractor shall ensure that these persons
receive training concerning the protection and disclosure of sensitive information both
during and after contract performance.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier
where the subcontractor may have access to Government facilities, sensitive information,
or resources.
(End of clause)

52-5

06-01-2006

HSAR
ALTERNATE I
(JUN 2006)

When the contract will require contractor employees to have access to Information
Technology (IT) resources, add the following paragraphs:
(g) Before receiving access to IT resources under this contract the individual must
receive a security briefing, which the Contracting Officer’s Technical Representative
(COTR) will arrange, and complete any nondisclosure agreement furnished by DHS.
(h) The contractor shall have access only to those areas of DHS information technology
resources explicitly stated in this contract or approved by the COTR in writing as
necessary for performance of the work under this contract. Any attempts by contractor
personnel to gain access to any information technology resources not expressly
authorized by the statement of work, other terms and conditions in this contract, or as
approved in writing by the COTR, is strictly prohibited. In the event of violation of this
provision, DHS will take appropriate actions with regard to the contract and the
individual(s) involved.
(i) Contractor access to DHS networks from a remote location is a temporary privilege
for mutual convenience while the contractor performs business for the DHS Component.
It is not a right, a guarantee of access, a condition of the contract, or Government Furnished
Equipment (GFE).
(j) Contractor access will be terminated for unauthorized use. The contractor agrees to
hold and save DHS harmless from any unauthorized use and agrees not to request
additional time or money under the contract for any delays resulting from unauthorized
use or access.
(k) Non-U.S. citizens shall not be authorized to access or assist in the development,
operation, management or maintenance of Department IT systems under the contract,
unless a waiver has been granted by the Head of the Component or designee,
with the concurrence of both the Department’s Chief Security Officer (CSO) and the
Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the
waiver may be granted only with the approval of both the CSO and the CIO or their
designees. In order for a waiver to be granted:
(1) The individual must be a legal permanent resident of the U. S. or a citizen of Ireland,
Israel, the Republic of the Philippines, or any nation on the Allied Nations List
maintained by the Department of State;
(2) There must be a compelling reason for using this individual as opposed to a U. S.
citizen; and
(3) The waiver must be in the best interest of the Government.

52-6

06-01-2006

HSAR

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S.
citizens proposed to work under the contract. Any additions or deletions of non-U.S.
citizens after contract award shall also be reported to the contracting officer.
(End of clause)

ALTERNATE II
(JUN 2006)
When the Department has determined contract employee access to sensitive information
or Government facilities must be limited to U.S. citizens and lawful permanent residents,
but the contract will not require access to IT resources, add the following paragraphs:
(g) Each individual employed under the contract shall be a citizen of the United States of
America, or an alien who has been lawfully admitted for permanent residence as
evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be
approved by the Department’s Chief Security Officer or designee.
(h) Contractors shall identify in their proposals, the names and citizenship of all nonU.S. citizens proposed to work under the contract. Any additions or deletions of nonU.S. citizens after contract award shall also be reported to the contracting officer.
(End of clause)

3052.209-70

Prohibition on contracts with corporate expatriates.

As prescribed at (HSAR) 48 CFR 3009.104-75, insert the following clause:
PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES
(JUN 2006)
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of
Homeland Security from entering into any contract with a foreign incorporated entity
which is treated as an inverted domestic corporation as defined in this clause, or with any
subsidiary of such an entity. The Secretary shall waive the prohibition with respect to
any specific contract if the Secretary determines that the waiver is required in the interest
of national security.
(b) Definitions. As used in this clause:
Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the
Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except

52-7

06-01-2006

HSAR

that section 1504 of such Code shall be applied by substituting `more than 50 percent' for
`at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of
section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign
corporation for purposes of the Internal Revenue Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an
inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—
(1) The entity completes the direct or indirect acquisition of substantially all of the
properties held directly or indirectly by a domestic corporation or substantially all of the
properties constituting a trade or business of a domestic partnership;
(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is
held—
(i) In the case of an acquisition with respect to a domestic corporation, by former
shareholders of the domestic corporation by reason of holding stock in the domestic
corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by former
partners of the domestic partnership by reason of holding a capital or profits interest in
the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not
have substantial business activities in the foreign country in which or under the law of
which the entity is created or organized when compared to the total business activities of
such expanded affiliated group.
Person, domestic, and foreign have the meanings given such terms by paragraphs
(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The following definitions and special rules shall apply when
determining whether a foreign incorporated entity should be treated as an inverted
domestic corporation.
(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity
as an inverted domestic corporation these shall not be taken into account in determining
ownership:
(i) Stock held by members of the expanded affiliated group which includes the foreign
incorporated entity; or

52-8

06-01-2006

HSAR

(ii) stock of such entity which is sold in a public offering related to the acquisition
described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C.
395(b)(1).
(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or
indirectly substantially all of the properties of a domestic corporation or partnership
during the 4-year period beginning on the date which is 2 years before the ownership
requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a
plan.
(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by
contribution or distribution) shall be disregarded if such transfers are part of a plan a
principal purpose of which is to avoid the purposes of this section.
(d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the
Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership,
except as provided in regulations, all domestic partnerships which are under common
control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall
be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present
value of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed
appropriate to do so to reflect the present value of the transaction or to disregard
transactions whose recognition would defeat the purpose of Section 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
__ it is not a foreign incorporated entity that should be treated as an inverted domestic
corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473;
__ it is a foreign incorporated entity that should be treated as an inverted domestic
corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been
denied; or
__ it is a foreign incorporated entity that should be treated as an inverted domestic
corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.10473, but it plans to submit a request for waiver pursuant to 3009.104-74.

52-9

06-01-2006

HSAR

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver
request, if a waiver has been applied for, shall be attached to the bid or proposal.
(End of provision)

3052.209-71

Reserve Officer Training Corps and military recruiting on campus.

As prescribed in (HSAR) 48 CFR 3009.470-4, use the following clause:
RESERVE OFFICER TRAINING CORPS AND
MILITARY RECRUITING ON CAMPUS
(DEC 2003)
(a) Definitions. "Institution of higher education," as used in this clause, means an
institution that meets the requirements of 20 U.S.C. 1001 and includes all subelements of
such an institution.
(b) Limitation on contract award. Except as provided in paragraph (c) of this clause, an
institution of higher education is ineligible for contract award if the Secretary of Defense
determines that the institution has a policy or practice (regardless of when implemented)
that prohibits or in effect prevents(1) The Secretary of a military department from maintaining, establishing, or operating a
unit of the Senior Reserve Officer Training Corps (ROTC) (in accordance with 10 U.S.C.
654 and other applicable Federal laws) at that institution;
(2) A student at that institution from enrolling in a unit of the Senior ROTC at another
institution of higher education;
(3) The Secretary of a military department or the Secretary of Homeland Security from
gaining entry to campuses, or access to students (who are 17 years of age or older) on
campuses, for purposes of military recruiting; or
(4) Military recruiters from accessing, for purposes of military recruiting, the following
information pertaining to students (who are 17 years of age or older) enrolled at that
institution:
(i) Name.
(ii) Address.
(iii) Telephone number.
(iv) Date and place of birth.
(v) Educational level.
(vi) Academic major.
(vii) Degrees received.
(viii) Most recent educational institution enrollment.

52-10

06-01-2006

HSAR

(c) Exception. The limitation in paragraph (b) of this clause does not apply to an
institution of higher education if the Secretary of Defense determines that(1) The institution has ceased the policy or practice described in paragraph (b) of this
clause; or
(2) The institution has a long-standing policy of pacifism based on historical religious
affiliation.
(d) Agreement. The Contractor represents that it does not now have, and agrees that
during performance of this contract it will not adopt, any policy or practice described in
paragraph (b) of this clause, unless the Secretary of Defense has granted an exception in
accordance with paragraph (c)(2) of this clause.
(e) Notwithstanding any other clause of this contract, if the Secretary of Defense
determines that the Contractor misrepresented its policies and practices at the time of
contract award or has violated the agreement in paragraph (d) of this clause(1) The Contractor will be ineligible for further payments under this and any other
contracts with the Department of Homeland Security; and
(2) The Government will terminate this contract for default for the Contractor's material
failure to comply with the terms and conditions of award.
(End of clause)

3052.209-72

Organizational Conflict of Interest.

As prescribed in (HSAR) 48 CFR 3009.507-1, insert the following provision:
ORGANIZATIONAL CONFLICT OF INTEREST
(JUN 2006)
(a) Determination. The Government has determined that this effort may result in an
actual or potential conflict of interest, or may provide one or more offerors with the
potential to attain an unfair competitive advantage. The nature of the conflict of interest
and the limitation on future contracting ______________[“contracting officer shall insert
description here”]___________________________.
(b) If any such conflict of interest is found to exist, the Contracting Officer may (1)
disqualify the offeror, or (2) determine that it is otherwise in the best interest of the
United States to contract with the offeror and include the appropriate provisions to avoid,
neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with
the offeror, the Contracting Officer may determine that the actual conflict cannot be

52-11

06-01-2006

HSAR

avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the
Government, and the offeror may be found ineligible for award.
(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:
___ (1) It is not aware of any facts which create any actual or potential organizational
conflicts of interest relating to the award of this contract, or
___ (2) It has included information in its proposal, providing all current information
bearing on the existence of any actual or potential organizational conflicts of interest, and
has included a mitigation plan in accordance with paragraph (d) of this provision.
(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair
competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the
offeror shall submit a mitigation plan to the Government for review. Award of a contract
where an actual or potential conflict of interest exists shall not occur before Government
approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this
provision do not apply to the extent defined in the mitigation plan.
(e) Other Relevant Information: In addition to the mitigation plan, the Contracting
Officer may require further relevant information from the offeror. The Contracting
Officer will use all information submitted by the offeror, and any other relevant
information known to DHS, to determine whether an award to the offeror may take place,
and whether the mitigation plan adequately neutralizes or mitigates the conflict.
(f) Corporation Change. The successful offeror shall inform the Contracting Officer
within thirty (30) calendar days of the effective date of any corporate mergers,
acquisitions, and/or divestures that may affect this provision.
(g) Flow-down. The contractor shall insert the substance of this clause in each first tier
subcontract that exceeds the simplified acquisition threshold.
(End of provision)

3052.209-73 Limitation of future contracting.
As prescribed in 3009.507-2, the contracting officer may insert a clause substantially as
follows in solicitations and contracts:
LIMITATION OF FUTURE CONTRACTING
(JUN 2006)
(a) The Contracting Officer has determined that this acquisition may give rise to a
potential organizational conflict of interest. Accordingly, the attention of prospective
offerors is invited to FAR Subpart 9.5--Organizational Conflicts of Interest.
(b) The nature of this conflict is [describe the conflict].

52-12

06-01-2006

HSAR

(c) The restrictions upon future contracting are as follows:
(1) If the Contractor, under the terms of this contract, or through the performance of tasks
pursuant to this contract, is required to develop specifications or statements of work that
are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime or first-tier subcontractor under an ensuing
DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by
the Contracting Officer and the Contractor, sufficient to avoid unfair competitive
advantage or potential bias (this time shall in no case be less than the duration of the
initial production contract). DHS shall not unilaterally require the Contractor to prepare
such specifications or statements of work under this contract.
(2) To the extent that the work under this contract requires access to proprietary, business
confidential, or financial data of other companies, and as long as these data remain
proprietary or confidential, the Contractor shall protect these data from unauthorized use
and disclosure and agrees not to use them to compete with those other companies.
(End of clause)

3052.211-70

Index for specifications.

As prescribed in (HSAR) 48 CFR 3011.204-70, insert the following clause:
INDEX FOR SPECIFICATIONS
(DEC 2003)
If an index or table of contents is furnished in connection with specifications, it is
understood that such index or table of contents is for convenience only. Its accuracy and
completeness is not guaranteed, and it is not to be considered as part of the specifications.
In case of discrepancy between the index or table of contents and the specifications, the
specifications shall govern.
(End of clause)
3052.211-90 [Reserved]
3052.213-90

3052.215-70

[Removed]

Key personnel or facilities.

As prescribed in (HSAR) 48 CFR 3015.204-3, insert the following clause:
KEY PERSONNEL OR FACILITIES
(DEC 2003)

52-13

06-01-2006

HSAR

(a) The personnel or facilities specified below are considered essential to the work being
performed under this contract and may, with the consent of the contracting parties, be
changed from time to time during the course of the contract by adding or deleting
personnel or facilities, as appropriate.
(b) Before removing or replacing any of the specified individuals or facilities, the
Contractor shall notify the Contracting Officer, in writing, before the change becomes
effective. The Contractor shall submit sufficient information to support the proposed
action and to enable the Contracting Officer to evaluate the potential impact of the
change on this contract. The Contractor shall not remove or replace personnel or
facilities until the Contracting Officer approves the change.
The Key Personnel or Facilities under this Contract:
(specify key personnel or facilities)
(End of clause)

3052.216-70

Evaluation of offers subject to an economic price adjustment clause.

As prescribed in (HSAR) 48 CFR 3016.203-470, insert a provision substantially the same
as the following:
EVALUATION OF OFFERS SUBJECT TO AN ECONOMIC PRICE
ADJUSTMENT CLAUSE
(JUN 2006)
Offers shall be evaluated without adding an amount for an economic price adjustment.
Offers may be rejected which: (1) increase the stipulated ceiling; (2) limit the downward
adjustment; or (3) delete the economic price adjustment clause. If the offer stipulates a
ceiling lower than that included in the solicitation, the lower ceiling will be incorporated
into any resulting contract.
(End of provision)

3052.216-71

Determination of award fee.

As prescribed in (HSAR) 48 CFR 3016.406(e)(1)(i), insert a clause substantially the same
as the following:
DETERMINATION OF AWARD FEE
(DEC 2003)

52-14

06-01-2006

HSAR

(a) The Government shall evaluate contractor performance at the end of each specified
evaluation period(s) to determine the amount of award. The contractor agrees that the
amount of award and the award fee methodology are unilateral decisions to be made at
the sole discretion of the Government.
(b) Contractor performance shall be evaluated according to a Performance Evaluation
Plan. The contractor shall be periodically informed of the quality of its performance and
areas in which improvements are expected.
(c) The contractor shall be promptly advised, in writing, of the determination and reasons
why the award fee was or was not earned. The contractor may submit a performance
self-evaluation for each evaluation period. The amount of award is at the sole discretion
of the Government but any self-evaluation received within (insert number) days after the
end of the current evaluation period will be given such consideration, as may be deemed
appropriate by the Government.
(d) The Government may specify that a fee not earned during a given evaluation period
may be accumulated and be available for allocation to one or more subsequent periods. In
that event, the distribution of award fee shall be adjusted to reflect such allocations.
(End of clause)

3052.216-72

Performance evaluation plan.

As prescribed in (HSAR) 48 CFR 3016.406(e)(i)(ii), insert a clause substantially the
same as the following:
PERFORMANCE EVALUATION PLAN
(DEC 2003)
(a) A Performance Evaluation Plan shall be unilaterally established by the Government
based on the criteria stated in the contract and used for the determination of award fee.
This plan shall include the criteria used to evaluate each area and the percentage of award
fee (if any) available for each area. A copy of the plan shall be provided to the contractor
_______(insert number)__ calendar days prior to the start of the first evaluation period.
(b) The criteria contained within the Performance Evaluation Plan may relate to: (1)
Technical (including schedule) requirements if appropriate; (2) Management; and (3)
Cost.
(c) The Performance Evaluation Plan may, consistent with the contract, be revised
unilaterally by the Government at any time during the period of performance.
Notification of such changes shall be provided to the contractor____(insert number)__
calendar days prior to the start of the evaluation period to which the change will apply.
(End of clause)

52-15

06-01-2006

3052.216-73

HSAR

Distribution of award fee.

As prescribed in (HSAR) 48 CFR 3016.406(e)(1)(iii), insert a clause substantially the
same as the following:
DISTRIBUTION OF AWARD FEE
(DEC 2003)
(a) The total amount of award fee available under this contract is assigned according to
the following evaluation periods and amounts:
Evaluation Period:
Available Award Fee:
(insert appropriate information)
(b) Payment of the base fee and award fee shall be made, provided that after payment of
85 percent of the base fee and potential award fee, the Government may withhold further
payment of the base fee and award fee until a reserve is set aside in an amount that the
Government considers necessary to protect its interest. This reserve shall not exceed 15
percent of the total base fee and potential award fee or $100,000, whichever is less.
(c) In the event of contract termination, either in whole or in part, the amount of award
fee available shall represent a pro rata distribution associated with evaluation period
activities or events as determined by the Government.
(d) The Government will promptly make payment of any award fee upon the submission
by the contractor to the contracting officer's authorized representative, of a public
voucher or invoice in the amount of the total fee earned for the period evaluated. Payment
may be made without using a contract modification.
(End of clause)

3052.216-74

Settlement of letter contract.

As prescribed in (HSAR) 48 CFR 3016.603-4, insert a clause substantially the same as
the following:
SETTLEMENT OF LETTER CONTRACT
(DEC 2003)
(a) This contract constitutes the definitive contract contemplated by letter contract
__________(insert number) __issued on ___(insert effective date)_______________ . It
supersedes the letter contract and its modification numbered _(insert number(s))____. To
the extent there are inconsistencies between the definitive contract and the letter contract,

52-16

06-01-2006

HSAR

the former governs.
(b) The cost(s) and fee(s), or price(s), established in this definitive contract represents full
and complete settlement of letter contract _______(insert number)___ and modification
numbered _____________(insert number(s))______. Payment of the fee agreed upon or
profit withheld pending definitization of the letter contract, may start immediately at the
rate and times stated within this contract.
(End of clause)

3052.217-90

Delivery and Shifting of Vessel (USCG).

As prescribed in the USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
DELIVERY AND SHIFTING OF VESSEL
(DEC 2003)
The Government shall deliver the vessel to the Contractor at his place of business. Upon
completion of the work, the Government shall accept delivery of the vessel at the
Contractor's place of business. The Contractor shall provide, at no additional charge,
upon 24 hours' advance notice, a tug or tugs and docking pilot, acceptable to the
Contracting Officer, to assist in handling the vessel between (to and from) the
Contractor's plant and the nearest point in a waterway regularly navigated by vessels of
equal or greater draft and length. While the vessel is in the hands of the Contractor, any
necessary towage, cartage, or other transportation between ship and shop or elsewhere,
which may be incident to the work herein specified, shall be furnished by the Contractor
without additional charge to the Government.
(End of clause)

3052.217-91

Performance (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
PERFORMANCE
(DEC 2003)
(a) Upon the award of the contract, the Contractor shall promptly start the work specified
and shall diligently prosecute the work to completion. The Contractor shall not start work
until the contract has been awarded except in the case of emergency work ordered by the
Contracting Officer in writing.

52-17

06-01-2006

HSAR

(b) The Government shall deliver the vessel described in the contract at the time and
location specified in the contract. Upon completion of the work, the Government shall
accept delivery of the vessel at the time and location specified in the contract.
(c) The Contractor shall without charge,-(1) Make available to personnel of the vessel while in dry dock or on a marine railway,
sanitary lavatory and similar facilities at the plant acceptable to the Contracting Officer;
(2) Supply and maintain suitable brows and gangways from the pier, dry dock, or marine
railway to the vessel;
(3) Treat salvage, scrap or other ship's material of the Government resulting from
performance of the work as items of Government-furnished property, in accordance with
the Government Property (Fixed Price Contracts) clause;
(4) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary
as the result of the use by the Contractor of any of the vessel's machinery, equipment or
fittings, including, but not limited to, winches, pumps, rigging, or pipe lines; and
(5) Furnish suitable offices, office equipment and telephones at or near the site of the
work for the Government's use.
(d) The contract will state whether dock and sea trials are required to determine whether
or not the Contractor has satisfactorily performed the work.
(1) If dock and sea trials are required, the vessel shall be under the control of the vessel's
commander and crew.
(2) The Contractor shall not conduct dock and sea trials not specified in the contract
without advance approval of the Contracting Officer. Dock and sea trials not specified in
the contract shall be at the Contractor's expense and risk.
(3) The Contractor shall provide and install all fittings and appliances necessary for dock
and sea trials. The Contractor shall be responsible for care, installation, and removal of
instruments and apparatus furnished by the Government for use in the trials.
(End of clause)

3052.217-92

Inspection and manner of doing work (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
INSPECTION AND MANNER OF DOING WORK
(DEC 2003)

52-18

06-01-2006

HSAR

(a) The Contractor shall perform work in accordance with the contract, any drawings and
specifications made a part of the job order, and any change or modification issued under
the Changes clause.
(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise
specifically provided in the contract, all operational practices of the Contractor and all
workmanship, material, equipment, and articles used in the performance of work under
this contract shall be in accordance with the best commercial marine practices and the
rules and requirements of all appropriate regulatory bodies including, but not limited to
the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical
and Electronic Engineers, in effect at the time of Contractor's submission of offer, and
shall be intended and approved for marine use.
(2) When Navy specifications are specified in the contract, the Contractor shall follow
Navy standards of material and workmanship.
(c) The Government may inspect and test all material and workmanship at any time
during the Contractor's performance of the work.
(1) If, prior to delivery, the Government finds any material or workmanship is defective
or not in accordance with the contract, in addition to its rights under the Guarantee
clause, the Government may reject the defective or nonconforming material or
workmanship and require the Contractor to correct or replace it at the Contractor's
expense.
(2) If the Contractor fails to proceed promptly with the replacement or correction of the
material or workmanship, the Government may replace or correct the defective or
nonconforming material or workmanship and charge the Contractor the excess costs
incurred.
(3) As specified in the contract, the Contractor shall provide and maintain an inspection
system acceptable to the Government.
(4) The Contractor shall maintain complete records of all inspection work and shall make
them available to the Government during performance of the contract and for 90 days
after the completion of all work required.
(d) The Contractor shall not permit any welder to work on a vessel unless the welder is, at
the time of the work, qualified to the standards established by the U.S. Coast Guard,
American Bureau of Shipping, or Department of the Navy for the type of welding being
performed. Qualifications of a welder shall be as specified in the contract.
(e) The Contractor shall-(1) Exercise reasonable care to protect the vessel from fire;

52-19

06-01-2006

HSAR

(2) Maintain a reasonable system of inspection over activities taking place in the vicinity
of the vessel's magazines, fuel oil tanks, or storerooms containing flammable materials.
(3) Maintain a reasonable number of hose lines ready for immediate use on the vessel at
all times while the vessel is berthed alongside the Contractor's pier or in dry dock or on a
marine railway;
(4) Unless otherwise provided in the contract, provide sufficient security patrols to
reasonably maintain a fire watch for protection of the vessel when it is in the Contractor's
custody;
(5) To the extent necessary, clean, wash, and steam out or otherwise make safe, all tanks
under alteration or repair.
(6) Furnish the Contracting Officer a "gas-free" or "safe-for-hotwork" certificate before
any hot work is done on a tank;
(7) Treat the contents of any tank as Government property in accordance with the
Government Property (Fixed-Price Contracts) clause; and
(8) Dispose of the contents of any tank only at the direction, or with the concurrence, of
the Contracting Officer.
(9) Be responsible for the proper closing of all openings to the vessel's underwater
structure upon which work has been performed. The contractor additionally must advise
the COTR of the status of all valves closures and openings for which the contractor's
workers were responsible.
(f) Except as otherwise provided in the contract, when the vessel is in the custody of the
Contractor or in dry dock or on a marine railway and the temperature is expected to go as
low as 35 Fahrenheit, the Contractor shall take all necessary steps to-(1) Keep all hose pipe lines, fixtures, traps, tanks, and other receptacles on the vessel
from freezing; and
(2) Protect the stern tube and propeller hubs from frost damage.
(g) The Contractor shall, whenever practicable-(1) Perform the required work in a manner that will not interfere with the berthing and
messing of Government personnel attached to the vessel; and
(2) Provide Government personnel attached to the vessel access to the vessel at all times.

52-20

06-01-2006

HSAR

(h) Government personnel attached to the vessel shall not interfere with the Contractor's
work or workers.
(i)(1) The Government does not guarantee the correctness of the dimensions, sizes, and
shapes set forth in any contract, sketches, drawings, plans, or specifications prepared or
furnished by the Government, unless the contract requires that the Contractor perform the
work prior to any opportunity to inspect.
(2) Except as stated in paragraph (i)(1) of this clause, and other than those parts furnished
by the Government, and the Contractor shall be responsible for the correctness of the
dimensions, sizes, and shapes of parts furnished under this agreement.
(j) The Contractor shall at all times keep the site of the work on the vessel free from
accumulation of waste material or rubbish caused by its employees or the work. At the
completion of the work, unless the contract specifies otherwise, the Contractor shall
remove all rubbish from the site of the work and leave the immediate vicinity of the work
area "broom clean."
(End of clause)

3052.217-93 Subcontracts (USCG).
As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
SUBCONTRACTS
(DEC 2003)
(a) Nothing contained in the contract shall be construed as creating any contractual
relationship between any subcontractor and the Government. The divisions or sections of
the specifications are not intended to control the Contractor in dividing the work among
subcontractors or to limit the work performed by any trade.
(b) The Contractor shall be responsible to the Government for acts and omissions of its
own employees, and of subcontractors and their employees. The Contractor shall also be
responsible for the coordination of the work of the trades, subcontractors, and material
men.
(c) The Contractor shall, without additional expense to the Government, employ specialty
subcontractors where required by the specifications.
(d) The Government or its representatives will not undertake to settle any differences
between the Contractor and its subcontractors, or between subcontractors.
(End of clause)

52-21

06-01-2006

3052.217-94

HSAR

Lay days (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
LAY DAYS
(DEC 2003)
(a) Lay day time will be paid by the Government at the Contractor's stipulated bid price
for this item of the contract when the vessel remains on the dry dock or marine railway as
a result of any change that involves work in addition to that required under the basic
contract.
(b) No lay day time shall be paid until all items of the basic contract for which a price
was established by the Contractor and for which docking of the vessel was required have
been satisfactorily completed and accepted.
(c) Days of hauling out and floating, whatever the hour, shall not be paid as lay day time,
and days when no work is performed by the Contractor shall not be paid as lay day time.
(d) Payment of lay day time shall constitute complete compensation for all costs, direct
and indirect, to reimburse the Contractor for use of dry dock or marine railway.
(End of clause)

3052.217-95

Liability and insurance (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
LIABILITY AND INSURANCE
(DEC 2003)
(a) The Contractor shall exercise its best efforts to prevent accidents, injury, or damage to
all employees, persons, and property, in and about the work, and to the vessel or part of
the vessel upon which work is done.
(b) Loss or damage to the vessel, materials, or equipment. (1) Unless otherwise directed
or approved in writing by the Contracting Officer, the Contractor shall not carry
insurance against any form of loss or damage to the vessel(s) or to the materials or
equipment to which the Government has title or which have been furnished by the
Government for installation by the Contractor. The Government assumes the risks of loss
of and damage to that property.

52-22

06-01-2006

HSAR

(2) The Government does not assume any risk with respect to loss or damage
compensated for by insurance or otherwise or resulting from risks with respect to which
the Contractor has failed to maintain insurance, if available, as required or approved by
the Contracting Officer.
3) The Government does not assume risk of and will not pay for any costs of the
following:
(i) Inspection, repair, replacement, or renewal of any defects in the vessel(s) or material
and equipment due to-(A) Defective workmanship performed by the Contractor or its subcontractors;
(B) Defective materials or equipment furnished by the Contractor or its subcontractors; or
(C) Workmanship, materials, or equipment which do not conform to the requirements of
the contract, whether or not the defect is latent or whether or not the nonconformance is
the result of negligence.
(ii) Loss, damage, liability, or expense caused by, resulting from, or incurred as a
consequence of any delay or disruption, willful misconduct or lack of good faith by the
Contractor or any of its representatives that have supervision or direction of-(A) All or substantially all of the Contractor's business; or
(B) All or substantially all of the Contractor's operation at any one plant.
(4) As to any risk that is assumed by the Government, the Government shall be
subrogated to any claim, demand or cause of action against third parties that exists in
favor of the Contractor. If required by the Contracting Officer, the Contractor shall
execute a formal assignment or transfer of the claim, demand, or cause of action.
(5) No party other than the Contractor shall have any right to proceed directly against the
Government or join the Government as a codefendant in any action.
(6) Notwithstanding the foregoing, the Contractor shall bear the first $5,000 of loss or
damage from each occurrence or incident, the risk of which the Government would have
assumed under the provision of this paragraph (b).
(c) Indemnification. The Contractor indemnifies the Government and the vessel and its
owners against all claims, demands, or causes of action to which the Government, the
vessel or its owner(s) might be subject as a result of damage or injury (including death) to
the property or person of anyone other than the Government or its employees, or the
vessel or its owner, arising in whole or in part from the negligence or other wrongful act
of the Contractor, or its agents or employees, or any subcontractor, or its agents or
employees.

52-23

06-01-2006

HSAR

(1) The Contractor's obligation to indemnify under this paragraph shall not exceed the
sum of $300,000 as a consequence of any single occurrence with respect to any one
vessel.
(2) The indemnity includes, without limitation, suits, actions, claims, costs, or demands
of any kind, resulting from death, personal injury, or property damage occurring during
the period of performance of work on the vessel or within 90 days after redelivery of the
vessel. For any claim, etc., made after 90 days, the rights of the parties shall be as
determined by other provisions of this contract and by law. The indemnity does apply to
death occurring after 90 days where the injury was received during the period covered by
the indemnity.
(d) Insurance. (1) The Contractor shall, at its own expense, obtain and maintain the
following insurance-(i) Casualty, accident, and liability insurance, as approved by the Contracting Officer,
insuring the performance of its obligations under paragraph (c) of this clause.
(ii) Workers Compensation Insurance (or its equivalent) covering the employees engaged
on the work.
(2) The Contractor shall ensure that all subcontractors engaged on the work obtain and
maintain the insurance required in paragraph (d)(1) of this clause.
(3) Upon request of the Contracting Officer, the Contractor shall provide evidence of the
insurance required by paragraph (d) of this clause.
(e) The Contractor shall not make any allowance in the contract price for the inclusion of
any premium expense or charge for any reserve made on account of self-insurance for
coverage against any risk assumed by the Government under this clause.
(f) The Contractor shall give the Contracting Officer written notice as soon as practicable
after the occurrence of a loss or damage for which the Government has assumed the risk.
(1) The notice shall contain full details of the loss or damage.
(2) If a claim or suit is later filed against the Contractor as a result of the event, the
Contractor shall immediately deliver to the Government every demand, notice, summons,
or other process received by the Contractor or its employees or representatives.
(3) The Contractor shall cooperate with the Government and, upon request, shall assist in
effecting settlements, securing and giving evidence, obtaining the attendance of
witnesses, and in the conduct of suits. The Government shall reimburse the Contractor for
expenses incurred in this effort, other than the cost of maintaining the Contractor's usual
organization.

52-24

06-01-2006

HSAR

(4) The Contractor shall not, except at its own expense, voluntarily make any payments,
assume any obligation, or incur any expense other than what would be imperative for the
protection of the vessel(s) at the time of the event.
(g) In the event of loss of or damage to any vessel(s), material, or equipment which may
result in a claim against the Government under the insurance provisions of this contract,
the Contractor shall promptly notify the Contracting Officer of the loss or damage. The
Contracting Officer may, without prejudice to any right of the Government, either-(1) Order the Contractor to proceed with replacement or repair, in which event the
Contractor shall effect the replacement or repair;
(i) The Contractor shall submit to the Contracting Officer a request for reimbursement of
the cost of the replacement or repair together with whatever supporting documentation
the Contracting Officer may reasonably require, and shall identify the request as being
submitted under the Insurance clause of this contract.
(ii) If the Government determines that the risk of the loss or damage is within the scope
of the risks assumed by the Government under this clause, the Government will
reimburse the Contractor for the reasonable allowable cost of the replacement or repair,
plus a reasonable profit (if the work or replacement or repair was performed by the
Contractor) less the deductible amount specified in paragraph (b) of this clause.
(iii) Payments by the Government to the Contractor under this clause are outside the
scope of and shall not affect the pricing structure of the contract, and are additional to the
compensation otherwise payable to the Contractor under this contract; or
(2) Decide that the loss or damage shall not be replaced or repaired and in that event, the
Contracting Officer shall-(i) Modify the contract appropriately, consistent with the reduced requirements reflected
by the unreplaced or unrepaired loss or damage; or
(ii) Terminate the repair of any part or all of the vessel(s) under the Termination for
Convenience of the Government clause of this contract.
(End of clause)

3052.217-96

Title (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
TITLE

52-25

06-01-2006

HSAR
(DEC 2003)

(a) Unless otherwise provided, title to all materials and equipment to be incorporated in a
vessel in the performance of this contract shall vest in the Government upon delivery at
the location specified for the performance of the work.
(b) Upon completion of the contract, or with the approval of the Contracting Officer
during performance of the contract, all Contractor-furnished materials and equipment not
incorporated in, or placed on, any vessel, shall become the property of the Contractor,
unless the Government has reimbursed the Contractor for the cost of the materials and
equipments.
(c) The vessel, its equipment, movable stores, cargo, or other ship's materials shall not be
considered Government-furnished property.
(End of clause)

3052.217-97

Discharge of liens (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
DISCHARGE OF LIENS
(DEC 2003)
(a) The Contractor shall immediately discharge or cause to be discharged, any lien or
right in rem of any kind, other than in favor of the Government, that exists or arises in
connection with work done or materials furnished under this contract.
(b) If any such lien or right in rem is not immediately discharged, the Government, at the
expense of the Contractor, may discharge, or cause to be discharged, the lien or right.
(End of clause)

3052.217-98

Delays (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
DELAYS
(DEC 2003)
When during the performance of this contract the Contractor is required to delay work on
a vessel temporarily, due to orders or actions of the Government respecting stoppage of

52-26

06-01-2006

HSAR

work to permit shifting the vessel, stoppage of hot work to permit bunkering, stoppage of
work due to embarking or debarking passengers and loading or discharging cargo, and
the Contractor is not given sufficient advance notice or is otherwise unable to avoid
incurring additional costs on account thereof, an equitable adjustment shall be made in
the price of the contract pursuant to the "Changes" clause.
(End of clause)

3052.217-99
Department of Labor Safety and Health Regulations for ship
repairing (USCG).
As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the
following clause:
DEPARTMENT OF LABOR SAFETY AND HEALTH
REGULATIONS FOR SHIP REPAIR
(DEC 2003)
Nothing contained in this contract shall relieve the Contractor of any obligations it may
have to comply with—
(a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.);
(b) The Safety and Health Regulations for Ship Repairing (29 CFR part 1915); or
(c) Any other applicable Federal, State, and local laws, codes, ordinances, and
regulations.
(End of clause)

3052.217-100

Guarantee (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(c), insert the following
clause:
GUARANTEE
(JUN 2006)
(a) In the event any work performed or materials furnished by the contractor prove
defective or deficient within 60 days from the date of redelivery of the vessel(s), the
Contractor, as directed by the Contracting Officer and at its own expense, shall correct
and repair the deficiency to the satisfaction of the Contracting Officer.

52-27

06-01-2006

HSAR

(b) If the Contractor or any subcontractor has a guarantee for work performed or
materials furnished that exceeds the 60 day period, the Government shall be entitled to
rely upon the longer guarantee until its expiration.
(c) With respect to any individual work item identified as incomplete at the time of
redelivery of the vessel(s), the guarantee period shall run from the date the item is
completed.
(d) If practicable, the Government shall give the Contractor an opportunity to correct the
deficiency.
(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable
to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs
promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at
the Contractor's expense.
(2) If correction and repairs are performed by other than the Contractor, the Contracting
Officer may discharge the Contractor's liability by making an equitable deduction in the
price of the contract.
(e) The Contractor's liability shall extend for an additional 60-day guarantee period on
those defects or deficiencies that the Contractor corrected.
(f) At the option of the Contracting officer, defects and deficiencies may be left
uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an
equitable reduction in the contract price. Failure to agree upon an equitable reduction
shall constitute a dispute under the Disputes clause of this contract.
(End of clause)

3052.219-70

Small Business subcontracting plan reporting.

As prescribed in (HSAR) 48 CFR 3019.708-70(a), insert the following clause:
SMALL BUSINESS SUBCONTRACTING PLAN REPORTING
(JUN 2006)
(a) The Contractor shall enter the information for the Subcontracting Report for
Individual Contracts (formally the Standard Form 294 (SF 294)) and the Summary
Subcontract Report (formally the Standard Form 295 (SF-295)) into the Electronic
Subcontracting Reporting System (eSRS) at www.esrs.gov .
(b) The Contractor shall include this clause in all subcontracts that include the clause at
(FAR) 48 CFR 52.219-9.
(End of clause)

52-28

06-01-2006

3052.219-71

HSAR

DHS mentor-protégé program

As prescribed in (HSAR) 48 CFR 3019.708-70(b), insert the following clause:
DHS MENTOR-PROTÉGÉ PROGRAM
(JUN 2006)
(a) Large businesses are encouraged to participate in the DHS Mentor-Protégé program
for the purpose of providing developmental assistance to eligible small business protégé
entities to enhance their capabilities and increase their participation in DHS contracts.
(b) The program consists of:
(1) Mentor firms, which are large prime contractors capable of providing developmental
assistance;
(2) Protégé firms, which are small businesses, veteran-owned small businesses, servicedisabled veteran-owned small businesses, HUBZone small businesses, small
disadvantaged businesses, and women-owned small business concerns; and
(3) Mentor-Protégé agreements, approved by the DHS OSDBU.
(c) Mentor participation in the program means providing business developmental
assistance to aid protégés in developing the requisite expertise to effectively compete for
and successfully perform DHS contracts and subcontracts.
(d) Large business prime contractors serving as mentors in the DHS Mentor-Protégé
program are eligible for a post-award incentive for subcontracting plan credit. The
mentor may receive credit for costs it incurs to provide assistance to a protégé firm. The
mentor may use this additional credit towards attaining its subcontracting plan
participation goal under the same or another DHS contract. The amount of credit given
to a mentor firm for these protégé developmental assistance costs shall be calculated on a
dollar for dollar basis and reported in the Summary Subcontract Report via the Electronic
Subcontracting Reporting System (eSRS) at www.esrs.gov. For example, a mentor/large
business prime contractor would report a $10,000 subcontract to the protégé/small
business subcontractor and $5,000 of developmental assistance to the protégé/small
business subcontractor as $15,000. The Mentor and Protégé will submit a signed joint
statement agreeing on the dollar value of the developmental assistance and the Summary
Subcontract Report.
(e) Contractors interested in participating in the program are encouraged to contact the
DHS OSDBU for more information.
(End of clause)

52-29

06-01-2006

HSAR

3052.219-72 Evaluation of prime contractor participation in the DHS mentor
protégé program
As prescribed in (HSAR) 48 CFR 3019.708-70(c), insert the following provision:
EVALUATION OF PRIME CONTRACTOR PARTICIPATION
IN THE DHS MENTOR-PROTÉGÉ PROGRAM
(JUN 2006)
This solicitation contains a source selection factor or subfactor regarding participation in
the DHS Mentor-Protégé Program. In order to receive credit under the source selection
factor or subfactor, the offeror shall provide a signed letter of mentor-protégé agreement
approval from the DHS Office of Small Business and Disadvantaged Business Utilization
(OSDBU) before initial evaluation of proposals. The contracting officer may, in his or
her discretion, give credit for approvals that occur after initial evaluation of proposals,
but before final evaluation.
(End of provision)

3052.222-70
work.

Strikes or picketing affecting timely completion of the contract

As prescribed in (HSAR) 48 CFR 3022.101-71(a), insert the following clause:
STRIKES OR PICKETING AFFECTING TIMELY COMPLETION
OF THE CONTRACT WORK
(DEC 2003)
Notwithstanding any other provision hereof, the Contractor is responsible for delays
arising out of labor disputes, including but not limited to strikes, if such strikes are
reasonably avoidable. A delay caused by a strike or by picketing which constitutes an
unfair labor practice is not excusable unless the Contractor takes all reasonable and
appropriate action to end such a strike or picketing, such as the filing of a charge with the
National Labor Relations Board, the use of other available Government procedures, and
the use of private boards or organizations for the settlement of disputes.
(End of clause)

3052.222-71

Strikes or picketing affecting access to a DHS facility.

As prescribed in (HSAR) 48 CFR 3022.101-71(b), insert the following clause
:
STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY
(DEC 2003)

52-30

06-01-2006

HSAR

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a)
is directed at the Contractor or subcontractor or any employee of either; and (b) impedes
or threatens to impede access by any person to a DHS facility where the site of the work is
located, the Contractor shall take all appropriate action to end such strike or picketing,
including, if necessary, the filing of a charge of unfair labor practice with the National
Labor Relations Board or the use of other available judicial or administrative remedies.
(End of clause)

3052.222-90

Local hire (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3022.9001, insert the following
clause:
LOCAL HIRE
(JUN 2006)
(a) When performing a contract in whole or in part in a State with an unemployment rate
in excess of the national average determined by the Secretary of Labor, the Contractor
shall employ, for the purpose of performing the portion of the contract in that State,
individuals who are local residents and who, in the case of any craft or trade, possess or
would be able to acquire promptly, the necessary skills.
(b) Local resident defined. As used in this section, “local resident” means a resident of, or
an individual who commutes daily to, a State described in subsection (a).
(c) The Secretary of Homeland Security may waive the requirements of paragraph (a) the
interest of national security or economic efficiency.
(End of clause)

3052.223-70 Removal or disposal of hazardous substances – applicable
licenses and permits
As prescribed in (HSAR) 48 CFR 3023.303, insert the following clause:
REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES APPLICABLE LICENSES AND PERMITS
(JUN 2006)
The Contractor shall have all licenses and permits required by Federal, state, and local
laws to perform hazardous substance(s) removal or disposal services. If the Contractor
does not currently possess these documents, it shall obtain all requisite licenses and
permits within ___ [“insert days”]___ days after date of award. The Contractor shall

52-31

06-01-2006

HSAR

provide evidence of said documents to the Contracting Officer or designated Government
representative prior to commencement of work under the contract.
(End of clause)

3052.223-90 Accident and fire reporting (USCG).
As prescribed in USCG guidance at (HSAR) 48 CFR 3023.9000(a), insert the following
clause:
ACCIDENT AND FIRE REPORTING
(DEC 2003)
(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at
the site of the work that causes:
(1) A fatality or the loss as much as of at least one lost workday on the part of any
employee of the Contractor or subcontractor at any tier;
(2) Damage of $1,000 or more to Federal real or personal property; either real or
personal;
(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor
vehicles or mobile equipment; or
(4) Damage for which a contract time extension may be requested.
(b) Accident and fire reports required by paragraph (a) above shall be accomplished by
the following means:
(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or
destruction of Federal real or personal property, the total value of which is estimated at
$100,000 or more, shall be reported immediately by telephone to the Contracting Officer
or his/her authorized representative and shall be confirmed by telegram, facsimile or email transmission within 24 hours to the Contracting Officer. Such telegram or facsimile
transmission shall state all known facts as to extent of injury and damage and as to cause
of the accident or fire.
(2) Other accident and fire reports required by paragraph (a) above may be reported by
the Contractor using a state, private insurance carrier, or Contractor accident report form
which provides for the statement of:
(i) The extent of injury; and
(ii) The damage and cause of the accident or fire.

52-32

06-01-2006

HSAR

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48
hours of the occurrence of the accident or fire.
(c) The Contractor shall assure compliance by subcontractors at all tiers with the
requirements of this clause.
(End of clause)

3052.228-70

Insurance.

As prescribed in (HSAR) 48 CFR 3028.310-70 and 3028.311-1, insert a clause
substantially the same as follows. The contracting officer may specify additional kinds
(e.g., aircraft public and passenger liability, vessel liability) or increased amounts of
insurance.
INSURANCE
(DEC 2003)
In accordance with the clause entitled “Insurance - Work on a Government Installation"
[or Insurance - Liability to Third Persons] in Section I, insurance of the following kinds
and minimum amounts shall be provided and maintained during the period of
performance of this contract:
(a) Worker's compensation and employer's liability. The contractor shall, as a minimum,
meet the requirements specified at (FAR) 48 CFR 28.307-2(a).
(b) General liability. The contractor shall, as a minimum, meet the requirements
specified at (FAR) 48 CFR 28.307-2(b).
(c) Automobile liability. The contractor shall, as a minimum, meet the requirements
specified at (FAR) 48 CFR 28.307-2(c).
(End of clause)

3052.228-90 Notification of Miller Act payment bond protection (USCG).
As prescribed in USCG guidance at (HSAR) 48 CFR 3028.106-490, insert the following
clause:
NOTIFICATION OF MILLER ACT PAYMENT BOND PROTECTION
(DEC 2003)

52-33

06-01-2006

HSAR

This notice clause shall be inserted by first tier subcontractors in all their subcontracts
and shall contain information pertaining to the surety that provided the payment bond
under the prime contract.
(a) The prime contract is subject to the Miller Act (40 U.S.C. 270), under which the
prime contractor has obtained a payment bond. This payment bond may provide certain
unpaid employees, suppliers, and subcontractors a right to sue the bonding surety under
the Miller Act for amounts owned for work performed and materials delivery under the
prime contract.
(b) Persons believing that they have legal remedies under the Miller Act should consult
their legal advisor regarding the proper steps to take to obtain these remedies. This notice
clause does not provide any party any rights against the Federal Government, or create
any relationship, contractual or otherwise, between the Federal Government and any
private party.
(c) The surety which has provided the payment bond under the prime contract is:

(Name)
(Street Address)
(City, State, Zip Code)
(Contact & Tel. No.)

(End of clause)

3052.228-91 Loss of or damage to leased aircraft (USCG).
As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (b), insert the
following clause:
LOSS OF OR DAMAGE TO LEASED AIRCRAFT
(DEC 2003)
(a) The Government assumes all risk of loss of, or damage (except normal wear and tear)
to, the leased aircraft during the term of this lease while the aircraft is in the possession of
the Government.

52-34

06-01-2006

HSAR

(b) In the event of damage to the aircraft, the Government, at its option, shall make the
necessary repairs with its own facilities or by contract, or pay the Contractor the
reasonable cost of repair of the aircraft.
(c) In the event the aircraft is lost or damaged beyond repair, the Government shall pay
the Contractor a sum equal to the fair market value of the aircraft at the time of such loss
or damage, which value may be specifically agreed to in clause 3052.228-92-, "Fair
Market Value of Aircraft," less the salvage value of the aircraft. However, the
Government may retain the damaged aircraft or dispose of it as it wishes. In that event,
the Contractor will be paid the fair market value of the aircraft as stated in the clause.
(d) The Contractor agrees that the contract price does not include any cost attributable to
hull insurance or to any reserve fund it has established to protect its interest in the
aircraft. If, in the event of loss or damage to the leased aircraft, the Contractor receives
compensation for such loss or damage in any form from any source, the amount of such
compensation shall be:
(1) Credited to the Government in determining the amount of the Government's liability;
or
(2) For an increment of value of the aircraft beyond the value for which the Government
is responsible.
(e) In the event of loss of or damage to the aircraft, the Government shall be subrogated
to all rights of recovery by the Contractor against third parties for such loss or damage
and the Contractor shall promptly assign such rights in writing to the Government.
(End of clause)
3052.228-92

Fair market value of aircraft (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (c), insert the
following clause:
FAIR MARKET VALUE OF AIRCRAFT
(DEC 2003)
For purposes of the clause entitled "Loss of or Damage to Leased Aircraft," the fair
market value of the aircraft to be used in the performance of this contract shall be the
lesser of the two values set out in paragraphs (a) and (b) below:
(a) $_______________; or
(b) If the contractor has insured the same aircraft against loss or destruction in connection
with other operations, the amount of such insurance coverage on the date of the loss or
damage for which the Government may be responsible under this contract.
(End of clause)

52-35

06-01-2006

3052.228-93

HSAR

Risk and indemnities (USCG).

As prescribed in USCG guidance at (HSAR) 48 CFR 3028.306-90(a) and (d), insert the
following clause:
RISK AND INDEMNITIES
(DEC 2003)
The Contractor hereby agrees to indemnify and hold harmless the Government, its
officers and employees from and against all claims, demands, damages, liabilities, losses,
suits and judgments (including all costs and expenses incident thereto) which may be
suffered by, accrue against, be charged to or recoverable from the Government, its
officers and employees by reason of injury to or death of any person other than officers,
agents, or employees of the Government or by reason of damage to property of others of
whatsoever kind (other than the property of the Government, its officers, agents or
employees) arising out of the operation of the aircraft. In the event the Contractor holds
or obtains insurance in support of this covenant, evidence of insurance shall be delivered
to the Contracting Officer.
(End of clause)

3052.231-70

Precontract costs.

As prescribed in (HSAR) 48 CFR 3031.205-32, insert the following clause:
PRECONTRACT COSTS
(DEC 2003)
The Contractor shall be entitled to reimbursement for pre-contract costs incurred on or
after __________________ in an amount not to exceed $_________________ that, if
incurred after this contract had been entered into, would have been reimbursable under
this contract.
(End of clause)

3052.235-70 Dissemination of information - educational institutions.
As prescribed in (HSAR) 48 CFR 3035.7000, insert the following clause:
DISSEMINATION OF INFORMATION - EDUCATIONAL INSTITUTIONS
(JUN 2006)

52-36

06-01-2006

HSAR

(a) The Department of Homeland Security (DHS) desires widespread dissemination of
the results of funded non-sensitive research. The Contractor, therefore, may publish
(subject to the provisions of the "Data Rights" and "Patent Rights" clauses of the
contract) research results in professional journals, books, trade publications, or other
appropriate media (a thesis or collection of theses should not be used to distribute results
because dissemination will not be sufficiently widespread). All costs of publication
pursuant to this clause shall be borne by the Contractor and shall not be charged to the
Government under this or any other Federal contract.
(b) Any copy of material published under this clause shall contain acknowledgment of
DHS's sponsorship of the research effort and a disclaimer stating that the published
material represents the position of the author(s) and not necessarily that of DHS. Articles
for publication or papers to be presented to professional societies do not require the
authorization of the Contracting Officer prior to release. However, a printed or electronic
copy of each article shall be transmitted to the Contracting Officer at least two weeks
prior to release or publication.
(c) Publication under the terms of this clause does not release the Contractor from the
obligation of preparing and submitting to the Contracting Officer a final report containing
the findings and results of research, as set forth in the schedule of the contract.
(End of clause)

3052.236-70

Special precautions for work at operating airports.

As prescribed in (HSAR) 48 CFR 3036.570, insert the following clause:
SPECIAL PRECAUTIONS FOR WORK AT OPERATING AIRPORTS
(DEC 2003)
(a) When work is to be performed at an operating airport, the Contractor must arrange its
work schedule so as not to interfere with flight operations. Such operations will take
precedence over construction convenience. Any operations of the Contractor which
would otherwise interfere with or endanger the operations of aircraft shall be performed
only at times and in the manner directed by the Contracting Officer. The Government
will make every effort to reduce the disruption of the Contractor's operation.
(b) Unless otherwise specified by local regulations, all areas in which construction
operations are underway shall be marked by yellow flags during daylight hours and by
red lights at other times. The red lights along the edge of the construction areas within the
existing aprons shall be the electric type of not less than 100 watts intensity placed and
supported as required. All other construction markings on roads and adjacent parking lots
may be either electric or battery type lights. These lights and flags shall be placed so as to
outline the construction areas and the distance between any two flags or lights shall not
be greater than 25 feet. The Contractor shall provide adequate watch to maintain the

52-37

06-01-2006

HSAR

lights in working condition at all times other than daylight hours. The hour of beginning
and the hour of ending of daylight will be determined by the Contracting Officer.
(c) All equipment and material in the construction areas or when moved outside the
construction area shall be marked with airport safety flags during the day and when
directed by the Contracting Officer, with red obstruction lights at nights. All equipment
operating on the apron, taxiway, runway, and intermediate areas after darkness hours
shall have clearance lights in conformance with instructions from the Contracting Officer.
No construction equipment shall operate within 50 feet of aircraft undergoing fuel
operations. Open flames are not allowed on the ramp except at times authorized by the
Contracting Officer.
(d) Trucks and other motorized equipment entering the airport or construction area shall
do so only over routes determined by the Contracting Officer. Use of runways, aprons,
taxiways, or parking areas as truck or equipment routes will not be permitted unless
specifically authorized for such use. Flag personnel shall be furnished by the Contractor
at points on apron and taxiway for safe guidance of its equipment over these areas to
assure right of way to aircraft. Areas and routes used during the contract must be returned
to their original condition by the Contractor. Airport management shall establish the
maximum speed allowed at the airport. Vehicles shall be operated so as to be under safe
control at all times, weather and traffic conditions considered. Vehicles must be equipped
with head and taillights during the hours of darkness.
(End of clause)
3052.237-70 [Removed]
3052.237-71 [Removed]
3052.237-72 [Removed]
3052.242-70 [Removed and reserved]
3052.242-71 Dissemination of contract information.
As prescribed in (HSAR) 48 CFR 3042.202-70 insert the following clause:
DISSEMINATION OF CONTRACT INFORMATION
(DEC 2003)
The Contractor shall not publish, permit to be published, or distribute for public
consumption, any information, oral or written, concerning the results or conclusions
made pursuant to the performance of this contract, without the prior written consent of
the Contracting Officer. An electronic or printed copy of any material proposed to be
published or distributed shall be submitted to the Contracting Officer.
(End of clause)

52-38

06-01-2006

HSAR

3052.242-72 Contracting officer's technical representative.
As prescribed in (HSAR) 48 CFR 3042.7000, insert the following clause:
CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
(DEC 2003)
(a) The Contracting Officer may designate Government personnel to act as the
Contracting Officer's Technical Representative (COTR) 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 COTR under the contract.
(b) The Contracting Officer cannot authorize the COTR or any other representative to
sign documents, such as contracts, contract modifications, etc., that require the signature
of the Contracting Officer.
(End of clause)

3052.245-70 Government property reports.
As prescribed in (HSAR) 48 CFR 3045.505-70, insert the following clause:
GOVERNMENT PROPERTY REPORTS
(JUN 2006)
(a) The Contractor shall prepare an annual report of Government property in its
possession and the possession of its subcontractors.
(b) The report shall be submitted to the Contracting Officer not later than September 15
of each calendar year on DHS Form 0700-5, Contractor Report of Government Property.
(End of clause)

3052.247-70 F.o.b. origin information.
As prescribed in (HSAR) 48 CFR 3047.305-70(a), insert the following provision:
F.O.B. ORIGIN INFORMATION

52-39

06-01-2006

HSAR
(DEC 2003)

The offeror shall furnish information with the offer:
(a) Location of the offeror's actual shipping point(s) (street address, city, state, and zip
code) from which supplies will be delivered to the Government;
(b) Whether the offered shipping point has a private railroad siding, and the name of the
rail carrier serving it;
(c) When the offered shipping point does not have a private siding, the names and
addresses of the nearest public rail siding and of the carrier serving it; and
(d) The quantity of supplies to be shipped from each shipping point.
(End of provision)

ALTERNATE I
(DEC 2003)
If delivery is "f.o.b. origin, contractor's facility," and the designated facility is not covered
by the line-haul transportation rate, add the following paragraph to the basic provision:
(e) The charges required to deliver the shipment to the point where the line-haul rate is
applicable.
ALTERNATE II
(DEC 2003)
When delivery is "f.o.b. origin, freight allowed," add the following paragraph to the basic
provision:
(e) The basis on which transportation charges will be allowed, including the origin and
destination from and to which transportation charges will be allowed.

3052.247-71 F.o.b. origin only.
As prescribed in (HSAR) 48 CFR 3047.305-70(b), insert the following provision:
F.O.B. ORIGIN ONLY
(DEC 2003)

52-40

06-01-2006

HSAR

Offers are invited on the basis of f.o.b. origin only. Offers submitted on any other basis
will be rejected as nonresponsive.
(End of provision)

3052.247-72 F.o.b. destination only.
As prescribed in (HSAR) 48 CFR 3047.305-70(c), insert the following provision:
F.O.B. DESTINATION ONLY
(DEC 2003)
Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other
basis will be rejected as nonresponsive.

52-41

06-01-2006

HSAR

PART 3053 FORMS
Subpart

3053.1
3053.101
3053.103

Subpart 3053.2
3053-204-70
3053.222-70
3053.227-70

Subpart

General
Requirements for use of forms.
Exceptions.

3052.245-70

Prescription of Forms
Administrative matters.
Application of labor laws to Government acquisitions.
Conveyance of invention rights acquired by the
Government.
Contractor report of government property

3053.3
3053.303

Illustrations of Forms
Agency forms.

Subpart 3053.1 General
3053.101 Requirements for use of forms.
Unless excepted, forms prescribed in (FAR) 48 CFR part 53 and (HSAR) 48 CFR part 3053 are
required for use by all Components.
3053.103 Exceptions.
Requests for exceptions to forms contained in (FAR) 48 CFR part 53 and to DHS forms in
(HSAR) 48 CFR part 3053 shall be submitted, as prescribed in (FAR) 48 CFR 53.103, to the
CPO.
Subpart 3053.2 Prescription of Forms
3053.204-70

Administrative matters.

The following forms are prescribed for use in the closeout of applicable contracts, as specified in
(HSAR) 48 CFR 3004.804-570:
(a) DHS Form 0700-01, Cumulative Claim and Reconciliation Statement. (See (HSAR) 48 CFR
3004.804-570(a)(1).)
(b) DHS Form 0700-02, Contractor’s Assignment of Refunds, Rebates, Credits and Other
Amounts. (See (HSAR) 48 CFR 3004.570(a)(2).)
(c) DHS Form 0700-03, Contractor Release. (See (HSAR) 48 CFR 3004.804-570(a)(3).)
3053.222-70 Application of labor laws to Government acquisitions.

53-1

06-01-2006

HSAR

The following form is prescribed for use in connection with the application of labor laws, as
specified in (HSAR) 48 CFR 3022.406-9:
DHS Form 0700-04, Employee’s Claim for Wage Restitution.
3053.227-70

Conveyance of invention rights acquired by the Government.

The following form is prescribed for including a means for contractors to report inventions made
in the course of contract performance, as specified in (HSAR) 48 CFR 3027.305-4:
DD Form 882, Report of Inventions and Subcontracts.
3053.245-70

Report of Government property.

The following form is prescribed for use by contractors to report Government property, as
specified in (HSAR) 48 CFR 3045.505-14:
DHS Form 0700-05, Contractor’s Report of Government Property.
Subpart 3053.3 Illustrations of Forms
3053.303 Agency forms.
This section illustrates agency-specified forms. To access these forms go to: http://www.dhs.gov
(under Business”, Acquisition Information) or
https://dhsonline.dhs.gov/portal/jhtml/general/forms.jhmtl.

FORM NAME
Cumulative Claim and Reconciliation
Statement
Contractor’s Assignment of Refunds,
Rebates, Credits and Other Amounts
Contractor Release
Employee’s Claim for Wage
Restitution.
Contractor ’s Report of Government
Property
Report of Inventions and
Subcontract.

FORM NUMBER
DHS Form 0700-01
DHS Form 0700-02
DHS Form 0700-03
DHS Form 0700-04
DHS Form 0700-05
DD 882

53-2

DEPARTMENT OF HOMELAND SECURITY

OMB Control No:1600-0002
Expiration Date 09/30/2007

CUMULATIVE CLAIM AND RECONCILIATION STATEMENT
OMB STATEMENT: This collection of information is mandatory and will be used to fulfill the requirements of the Homeland

Security Acquisition Regulation (HSAR). Public reporting burden is estimated to average 1 hour per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Federal
Acquisition and Regulatory Policy, GSA, Washington, D.C. 20405; and to the Office of Management and Budget,
Information and Regulatory Offices, 725 17th Street, NW, Washington, DC 20503. Please note that an agency may not
conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid
OMB control number. The OMB control number for this collection is 1600-0002.
1. Name of Contractor
2. Address of Contractor

3. Contract No.
5. The
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

4. Delivery/Task Order No.

total amount claimed under the above numbered contract, delivery order, or task order is as follows:
Direct Labor
Direct Material
Other Direct Costs
Overhead
G&A
Subcontract Cost
Total Costs (5a through 5 F)
Fixed Fee
Other Fee
Total Amount Claimed

$
$
$
$
$
$
$
$
$
$

6. Total amount due under the above numbered contract, delivery order, task order is as follows:
a. Total Amount Claimed
$
b. Total Amount Paid by the Government under
Voucher Nos.
thru
$
c. Total Amount (if any) Withheld, Disallowed, etc.
(as explained on the attached sheet)

d.

$
$

Total Amount Due

I, _________________________________________, as the_______________________________________
(Full Name)
(Title)
of the above named contractor, declare that the above statements are correct in accordance with the records
of
the contractor.
_______________________________________________________________
(Signature)

DHS Form 700-1 (7/03)

Authorized for Local Reproduction

CONTRACTOR'S ASSIGNMENT OF REFUNDS, REBATES, CREDITS, AND OTHER

DEPARTMENT OF HOMELAND SECURITY

OMB Control No. 1600-0002

CONTRACTOR'S ASSIGNMENT OF REFUNDS,
REBATES, CREDITS, AND OTHER AMOUNTS

Expiration Date: 09/30/2007

OMB STATEMENT: This collection of information is mandatory and will be used to fulfill the requirements of the Homeland Security Acquisition
Regulation (HSAR). Public reporting burden is estimated to average 1 hour per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR
Secretariat (VRS), Office of Federal Acquisition and Regulatory Policy, GSA, Washington, D.C. 20405; and to the Office of Management and
Budget, Information and Regulatory Offices, 7251 7th Street, NW, Washington, DC 20503. Please note that an agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB
control number for this collection is 1600-0002.
Pursuant to the terms of Contract No.
___________________ and in consideration of the reimbursement of costs and payment
of fee, as provided in the said contract and any assignment thereunder,
_______________________ (hereinafter called the
Contractor) does hereby:
1. Assign, transfer, set over the release to the UNITED STATES OF AMERICA (hereinafter called the Government), all rights,
title and interest to all refunds, rebates, credits or other amounts (including any interest thereon) arising out of the performance of
the said contract, together with all the rights of action accrued or which may hereafter accrue thereunder.
2. Agree to take whatever action may be necessary to effect prompt collection of all refunds, rebates, credits or other amounts
(including any interest thereon) due or which may become due, and to promptly forward to the UNITED STATES TREASURER
checks (made payable to the Treasurer of the United States) for any proceeds so collected. The reasonable costs of any such
action to effect collection shall constitute allowable costs when approved by the Contracting Officer as stated in the said contract
and may be applied to reduce any amounts otherwise payable to the Government under the terms hereof.
3. Agree to cooperate fully with the Government as to any claim or suit in connection with refunds, rebates, credits or other
amounts due (including any interest thereon); to execute any protest, pleading, application, power of attorney or other papers in
connection with; and to permit the Government to represent it at any hearing, trial, or other proceeding arising out of such claim or
suit.
IN WITNESS WHEREOF, this assignment has been executed this _

___day of _

__________________,

BY:__

_________ .

________________________________
(Contractor)

By signature hereon, I,__

___________________________________________________

, declare that I am the

_

_______________________________ of the corporation named as Contractor in the foregoing assignment; that

_

__________________________________________ signed said assignment on behalf of the Contractor was then

_

____________________________of said corporation by authority of its governing body and is within the scope of

( Official Title)

(Official Title)

its corporate powers.
(CORPORATE SEAL)

_____________________________
(Signature)

Authorized for Local Reproduction

DHS Form 700-2 (7/03)

DEPARTMENT OF HOMELAND SECURITY

OMB Control No. 1600-0002
Expiration Date 09/30/2007

CONTRACTOR’S RELEASE

OMB STATEMENT: This collection of information is mandatory and will be used to fulfill the requirements of the Homeland Security
Acquisition Regulation (HSAR). Public reporting burden is estimated to average 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the FAR Secretariat (VRS), Office of Federal Acquisition and Regulatory Policy, GSA, Washington, D.C. 20405;
and to the Office of Management and Budget, Information and Regulatory Offices, 725 17th Street, NW, Washington, DC 20503. Please
note that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control number for this collection is 1600-0002.

CONTRACTOR (Name and Address)

ENTER SUM OF TOTAL OF AMOUNTS
PAID AND PAYABLE

CONTRACT NO.

$

Pursuant to the terms of the above numbered contract and in consideration of the sum stated above, which has been paid or
is to be paid to the Contractor, or its assignees, the Contractor, upon payment of the said sum by the UNITED STATES OF
AMERICA (hereinafter called the Government), does remise, release, and discharge the Government, its officers, agents,
and employees, of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the said
contract, except:
1. Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by
the Contractor, as follows: (or state "None")
2. Claims, together with reasonable expenses incidental thereto, based upon the liabilities of the Contractor to third parties
arising out of the performance of this contract, which are not known to the Contractor on the date of the execution of this
release and of which the Contractor gives notice in writing to the Contracting Officer within the period specified in the said
contract; and
3. Claims for reimbursement of costs (other than expenses of the Contractor by reason of his indemnification of the
Government against patent liability) including reasonable expenses incidental thereto, incurred by the Contractor under any
provisions of the said contract relating to patents.
The Contractor agrees, in connection with patent matters and with claims which are not released as set forth above, that it will
comply with all provisions of the said contract, including without limitation those provisions relating to notification to the
Contracting Officer and relating to the defense or prosecution of litigation.
IN WITNESSES WHEREOF, this release has been executed this

day of

(Contractor)
BY
TITLE
NOTE: In the case of a corporation, witnesses are not required but the statement below must be completed.
I,

, am the

secretary of

the corporation named as Contractor in the foregoing release; that
said release on behalf of the Contractor was then

who signed
of said corporation; release was duly

signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
(CORPORATE SEAL)

(Signature)
DHS Form 700-3 (7/03)

Authorized for Local Reproduction

U.S. DEPARTMENT OF HOMELAND SECURITY

OMB Control No. 1600-0002
Expiration Date 09/30/2007

EMPLOYEE CLAIM FOR WAGE RESTITUTION

OMB Statement: This collection of information is mandatory and will be used to fulfill the requirements of the
Homeland Security Acquisition Regulation (HSAR). Public reporting burden is estimated to average 1 hour per
response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
FAR Secretariat (VRS), Office of Federal Acquisition and Regulatory Policy, GSA, Washington, D.C. 20405; and to
the Office of Management and Budget, Information and Regulatory Offices, 725 17th Street, NW, Washington, DC
20503. Please note that an agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB control number. The OMB control number for this
collection is 1600-0002.
Contract Number:

TO:

The General Accounting Office
Claims Division
Washington, DC 20548

Date of Claim:

Employee’s Full Name:

I hereby make claim for payment of unpaid wages due me in the amount of

$

as an employee of
( Name of Contractor and/or Subcontractor)
performing the work under the above number at
(Work Locations)
,I was employed
as

during the period from
(Job Title)

(mm-dd-yyyy)
. This claim constitutes the total amount claimed due and unpaid

to
(mm-dd-yyyy)
for the period of employment indicated.
Employee’s Address:

Employee’s Signature:

DHS Form 700-4 (7/03)

Authorized for Local Reproduction

DEPARTMENT OF HOMELAND SECURITY

CONTRACTOR REPORT OF GOVERNMENT PROPERTY

OMB Control No. 1600-0002
Expiration Date 09/30/2007

OMB STATEMENT: This collection of information is mandatory and will be used to fulfill the requirements of the Homeland
Security Acquisition Regulation (HSAR). Public reporting burden is estimated to average 1 hour per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS), Office of Federal
Acquisition and Regulatory Policy, GSA, Washington, D.C. 20405; and to the Office of Management and Budget, Information
and Regulatory Offices, 725 17th Street, NW, Washington, DC 20503. Please note that an agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. The OMB control number for this collection is 1600-0002.
1. Contract Number:
2. Report Period Ending:
3. Contractor (Name and Address)

4. Contracting Office (Name and Address)

5. Name and location of Government owned, Contractor-Operated Plant (if applicable)
6. Any Government property located at a subcontractor’s plant?
YES
NO If yes, give the name and address of the
subcontractor(s) on an attached sheet to this report.
7. Date contractor’s property control system approved?
8. Approved by whom?

9.
Property
Class
(see Far 45.5)

a
.
b
,
c
.
d
.
e
.
f.

Starting Balance
Total
Acquisition
Total Quantity
Cost
(in dollars)

(in acres
or units)

Items
Added

Items
Deleted

(in dollars)

(in dollars)

Ending Balance
Total
Acquisition
Total Quantity
Cost
(in dollars)

(in acres
or units)

Land & Rights
therein
Other Real
Property
Plant
Equipment
Special Test
Equipment
Special
Tooling
Materials in
Stock (when
total value
exceeds
$50,000)

NOTE: This report shall include all Government Property (i.e. property furnished by the Government, or acquired or
fabricated by the contractor or subcontractor). By signature hereon, the contractor’s property administrator declares
that the report was prepared from the contractor’s records that are required by FAR 45.5.
10. Contractor Property Administrator ( Type name)

11. Signature
DHS Form 700-5 (7/03)

Date
Authorized for Local Reproduction

Key:

Principle type of contract:

Contract Purpose

FP SUP =

Fixed-Price Supply

P or C = Provision or Clause
IBR = Is Incorporation By Reference
authorized?

CR SUP =

Cost-Reimbursement Supply

FP R&D =

Fixed-Price Research & Development

UCF = Uniform Contract Format Section,
when applicable

CR R&D =

Cost-Reimbursement Research & Development

FP SVC =

Fixed-Price Service

CR SVC =

Cost Reimbursement Service

FP CON =

Fixed-Price Construction

CR CON =

Cost Reimbursement Construction

R

= Required

A

= Required-When-Applicable

O

= Optional

√

= Revision

T&M LH =
LMV =

COM SVC =
DDR =

Communication Services
Dismantling, Demolition, or
Removal of Improvements

A-E =
FAC =
IND DEL =
TRN =

Time & Material/Labor Hours

SA =

Leasing of Motor Vehicles

UTL SVC =

Architect-Engineering
Facilities
Indefinite Delivery
Transportation
Simplified Acquisition
Utility Services

Principle Type and/or Purpose of Contract
Provision or Clause

Prescribed
In

P
or
C

IBR

U
C
F

3052.204-70
Security Requirements for
Unclassified Information
Technology Resources.

3004.470-3 √

C

NO

I

3052.204-71 √
Contractor Employee
Access
3052.209-70
Prohibition on Contracts
with Corporate Expatriates.

3004.470-3

C

NO

I

3009.104-75

C

NO

I

3052.209-71
Reserve Officer Training
Corps and Military
Recruiting on Campus.
3052.209-72 √
Organizational Conflicts of
Interest.
3052.209-73 √
Limitation on Future
Contracting.

3009.470-4

P

YES

I

3009.507-1

P

NO

I

3009.507-2

C

NO

I

3052.211-70
Index for Specifications.

3011.204-70

C

YES

I

3052.215-70
Key Personnel or Facilities.

3015.204-3

C

YES

I

FP
S
U
P

CR
S
U
P

A

FP
R
&
D

CR
R
&
D

S
A

R

R

R

R

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

R

R

R

R

R

R

R

R

R

R

R

R

R

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

CR
C
O
N

T
R
N

CR
S
V
C

A

FP
C
O
N

U
TL
S
V
C

FP
S
V
C

T&M
L&H

LMV

COM
SVC

D
D
R

A&E

A

A

A

A

A

A

FAC

IND
DEL

A

A

A

Principle Type and/or Purpose of Contract
Provision or Clause

Prescribed
In

P
or
C

IBR

U
C
F

3052.216-70
Evaluation of Offers
Subject to an Economic
Price Adjustment Clause.
3052.216-71
Determination of Award
Fee.
3052.216-72
Performance Evaluation
Plan.
3052.216-73
Distribution of Award Fee.

3016.203-470

P

YES

M

3016.406(e)(1)(i)

C

YES

I

3016.406(e)(1)(ii)

C

YES

I

3016.406(e)(1)(iii)

C

YES

I

3052.216-74
Settlement of Letter
Contract.
3052.217-90
Delivery and Shifting of
Vessel. (USCG)
3052.217-91
Performance. (USCG)

3016.603-4

C

YES

I

3017.9000 (a) & (b)

C

YES

I

USCG
3017.9000
(a) & (b)
USCG3017.9000
(a) & (b)

C

YES

I

C

YES

I

USCG
3017.9000
(a) & (b)
USCG
3017.9000
(a) & (b)
USCG
3017.9000
(a) & (b)
USCG
3017.9000(a) & (b)

C

YES

I

C

YES

I

C

YES

I

C

YES

I

USCG
3017.9000 (a) & (b)

C

YES

I

USCG
3017.9000(a) & (b)
USCG
3017.9000
(a) & (b)

C

YES

I

C

YES

I

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)

FP
S
U
P

CR
S
U
P

A

A

FP
R
&
D

CR
R
&
D

A

FP
S
V
C

CR
S
V
C

A

FP
C
O
N

CR
C
O
N

A

T&M
L&H

A

LMV

COM
SVC

D
D
R

A&E

A

A

A

A

FAC

IND
DEL

T
R
N

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A
A
A
A
A
A
A
A
A
A

A

A

A

A

A

A

S
A

U
T
L
S
V
C

A

A

Principle Type and/or Purpose of Contract
Provision or Clause

Prescribed
In

P
or
C

IBR

U
C
F

3052.217-100
Guarantee. (USCG)

USCG
3017.9000(c)

C

Yes

I

3052.219-70 √
Small Business
Subcontracting Plan
Reporting.
3052.219-71 √
DHS Mentor Protégé
Program.
3052.219-72 √
Evaluation of Prime
Contractor Participation in
the DHS Mentor Protégé
Program.
3052.222-70
Strikes or Picketing
Affecting Timely
Completion of the Contract
Work.
3052.222-71
Strikes or Picketing
Affecting Access to a DHS
Facility.
3052.222-90
Local Hire. (USCG)

3019.708-70(a)

C

Yes

I

3019.708-70(b)

C

Yes

L

3019.708-70(c)

P

Yes

M

3022.101-71(a)

C

Yes

I

3022.101-71(b)

C

Yes

I

3022.9001

C

Yes

I

3052.223-70
Removal or Disposal of
Hazardous SubstanceApplicable Licenses and
Permits.
3052.223-90
Accident and Fire
Reporting. (USCG)
3052.228-70
Insurance.

3023.303

C

Yes

I

USCG
3023.9000(a)

C

Yes

I

3028.310-70
3028.311-1

C

Yes

I

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)

USCG
3028.106-490

C

Yes

I

USCG
3028.306-90
(a) & (b)
USCG
3028.306-90
(a) & (c)

C

Yes

I

C

Yes

I

FP
S
U
P

CR
S
U
P

FP
R
&
D

CR
R
&
D

FP
S
V
C

CR
S
V
C

FP
C
O
N

CR
C
O
N

T&M
L&H

LMV

COM
SVC

D
D
R

A&E

FAC

IND
DEL

T
R
N

S
A

U
T
L
S
V
C

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Principle Type and/or Purpose of Contract
Provision or Clause

Prescribed
In

P
or
C

IBR

U
C
F

3052.228-93
Risk and Indemnities.
(USCG)
3052.231-70
Precontract Costs

USCG
3028.306-90
(a) & (d)
3031.205-32

C

YES

I

C

YES

I

3052.235-70 √
Dissemination of
Information-Educational
Institutions.
3052.236-70
Special Provisions for
Work at Operating
Airports.
3052.242-71
Dissemination of Contract
Information.
3052.242-72
Contracting Officer’s
Technical Representative.
3052.245.70
Government Property
Reports
3052.247-70 F.O.B.
Origin Information.

3035.7000

C

YES

I

3036.570

C

YES

FP
S
U
P

CR
S
U
P

FP
R
&
D

A

CR
R
&
D

FP
S
V
C

CR
S
V
C

A

A

A

A

FP
C
O
N

CR
C
O
N

T&M
L&H

LMV

COM
SVC

D
D
R

A&E

FAC

IND
DEL

T
R
N

A

A

S
A

U
T
L
S
V
C

A

A

A

I
3042.202-70 √

C

YES

I

3042.7000

C

YES

I

3045.505-70

C

YES

I

3047.305-70(a) √

P

YES

L

3052.247-71
F.O.B. Origin Only.

3047.305-70(b) √

P

YES

L

3052.247-72
F.O.B. Destination Only.

3047.305-70(c) √

P

YES

L

A

A

A
A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A
A

A

A

A

A

A

A

A

A

A

A

A

A