Homeland Security Department Docket DHS-2009-005 Proposed Rule

2023-07674: Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005); Withdrawal

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Summary

DHS is withdrawing a proposed rule titled "Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005)" and providing notice of its cancellation. The notice of proposed rulemaking proposed to amend the Homeland Security Acquisition Regulation (HSAR) to implement a law that limited the use of subcontractors on cost- reimbursement type contracts entered into by the Department to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster. DHS is withdrawing this proposed rule because Congress has since repealed this provision. Thus, DHS will not take any further action on this proposal.

The agency’s own summary, as published.

The rule, in full

409 words as published, April 14, 2023. View the original →

Federal Register, Volume 88 Issue 72 (Friday, April 14, 2023) [Federal Register Volume 88, Number 72 (Friday, April 14, 2023)] [Proposed Rules] [Page 22992] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-07674] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY 48 CFR Parts 3015, 3016, and 3052 [Docket No. DHS-2009-005] RIN 1601-AA43 Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005); Withdrawal

Agency

Office of the Chief Procurement Officer, Department of Homeland Security (DHS).

Action

Notice of proposed rulemaking; withdrawal. -----------------------------------------------------------------------

Summary

DHS is withdrawing a proposed rule titled ``Revision of Department of Homeland Security Acquisition Regulation; Limitations on Subcontracting in Emergency Acquisitions (HSAR Case 2009-005)'' and providing notice of its cancellation. The notice of proposed rulemaking proposed to amend the Homeland Security Acquisition Regulation (HSAR) to implement a law that limited the use of subcontractors on cost- reimbursement type contracts entered into by the Department to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster. DHS is withdrawing this proposed rule because Congress has since repealed this provision. Thus, DHS will not take any further action on this proposal.

Dates

The proposed rule published on June 9, 2010 (75 FR 32723), is withdrawn as of April 14, 2023.

Addresses

Mail: Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, ATTN: Catherine Benavides, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.

For Further Information Contact

Ms. Catherine Benavides, Procurement Analyst, DHS, Office of the Chief Procurement Officer, Acquisition Policy and Legislation at (202) 897-8301 or email [email protected]. When using email, include HSAR Case 2009-005 in the ``Subject'' line.

Supplementary Information

On June 9, 2010, DHS proposed to amend the HSAR, 48 CFR parts 3015, 3016, and 3052, to propose regulations to implement Public Law 109-295, Post-Katrina Emergency Management Reform Act (PKERMA), title VI, section 692, Limitations on Tiering of Subcontractors. Subsequently, title VIII, section 866 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 resulted in Government-wide changes to the Federal Acquisition Regulation to prevent excessive subcontracting, making section 692 unnecessary. Subsequently Congress repealed section 692 in Public Law 117-253 (December 20, 2022). Thus, DHS is withdrawing this proposed rule and will not take any further action on this proposal. Paul Courtney, Chief Procurement Officer, Department of Homeland Security. [FR Doc. 2023-07674 Filed 4-13-23; 8:45 am] BILLING CODE P

What this changes

Amends 3 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

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