DATE: December 4, 2003

SUBJECT: Department of Homeland Security Acquisition Regulation (HSAR) Issued

SOURCE: Federal Register, December 4, 2003, Vol. 68, No. 233 page 67867

AGENCIES: Department of Homeland Security (DHS)

ACTION: Interim Rule

SYNOPSIS: The DHS is issuing the HSAR to establish a uniform departmentwide acquisition policy and regulation that supplements the Federal Acquisition Regulation (FAR).

EDITOR'S NOTE: The HSAR is Chapter 30 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.dhs.gov/dhspublic/.

DATES: The HSAR is effective December 4, 2003. Comments on the HSAR must be submitted on or before January 5, 2004.

ADDRESSES: Submit comments by one of the following means: (1) electronically to acquisition@dhs.gov; or (2) by mail to the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Oversight, ATTN: Kathy Strouss, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: Kathy Strouss, Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy, 202-205-0141.

SUPPLEMENTAL INFORMATION: DHS consists of agencies and other operating elements that pre-existed the formation of DHS. Prior to DHS's formation, those agencies and elements used supplemental acquisition regulations as a foundation for the conduct of their procurement and acquisition functions. For example, the Coast Guard utilized the Department of Transportation (DOT) Acquisition Regulations (DTAR). The Coast Guard can no longer rely on the DTAR since it is no longer are a part of DOT. Similarly, organizations that used the Department of Treasury's or Department of Justice's acquisition supplements can no longer rely on those regulations. Therefore, DHS is issuing the HSAR to provide uniform procedures that will ensure seamless continued acquisition and contracting operations of the previous agencies and organizations that now comprise DHS. (EDITOR'S NOTE: The Transportation Security Administration (TSA) is exempt from the HSAR by Section 101 of the Aviation and Transportation Security Act of 2001 (Public Law 107-71).)

The HSAR will be amended by Homeland Security Acquisition Circulars (HSAC). HSAR Notices will be issued when interim guidance is necessary (1) to promulgate, as rapidly as possible, selected material in a general or narrative manner, in advance of a HSAC issuance; (2) to disseminate other acquisition related information; or (3) to issue guidance that is expected to be effective for a period of one year or less. Each HSAR Notice will have a specific expiration date.

Internal agency guidance and procedures are contained in the Department of Homeland Security Acquisition Manual (HSAM) (http://www.dhs.gov/interweb/assetlibrary/DHS_HSAM_12-19-03.pdf).

While most of the HSAR consists of standard provisions common to most agencies' FAR supplements, the following are some of the noteworthy features of the HSAR:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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