Proposed Rules. Notice of proposed rulemaking; withdrawal

Agency: Office of the Chief Procurement Officer, Department of Homeland Security (DHS)
Action: Notice of proposed rulemaking; withdrawal
Citation: FR Doc. 2023-07674 · RIN 1601-AA43 · Docket No. DHS-2009-005 · 48 CFR 3015, 3016, 3052

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 DHS is withdrawing this proposed rule because Congress has since repealed this provision.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The proposed rule published on June 9, 2010 (75 FR 32723), is withdrawn as of April 14, 2023.

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 Subsequently Congress repealed section 692 in Public Law 117-253 (December 20, 2022).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]