A
final rule
issued by
the
Department
of Homeland
Security
amends
multiple
sections of
the DHS
acquisition
regulation.
The rule
implements
Section 695
of the
Post-Katrina
Emergency
Management
Reform Act
of 2006 (PL
109-295)
by
restricting
the length
of certain
DHS
noncompetitive
contracts
that
facilitate
the response
to, or
recovery
from, a
natural
disaster,
act of
terrorism,
or other
manmade
disaster.
Under new HSAR
3006.302-270,
the
performance
period for
these types
of contracts
is limited
to the
minimum
period
necessary to
meet the
urgent and
compelling
requirements
of the work
to be
performed
and to enter
into another
contract for
the required
goods or
services
through the
use of
competitive
procedures.
However, the
performance
period may
not exceed
150 days,
unless the
head of the
contracting
activity
determines
exceptional
circumstances
apply. The
rule also
aligns
existing
content with
the Federal
Acquisition
Regulation
and makes
clarifications
and
editorial
corrections.
DHS received
no comments
on the
proposed
version of
the rule ( ¶72,315.04),
but it made
minor,
administrative
changes to
the final
version. A
complete
listing of
the affected
HSAR
provisions
appears in
the
regulation
table below.
The rule
goes into
effect
September
21, 2012.
For the text
of this
final rule,
see ¶72,300.17.
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