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Final HSAR Rule Implements Revision Initiative


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.





(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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