HSAR (Homeland Security Acquisition Regulation)

What is HSAR (Homeland Security Acquisition Regulation)?

The Homeland Security Acquisition Regulation (HSAR) is a supplement to the Federal Acquisition Regulation (FAR). It contains agency-specific policies, procedures, contract clauses, and forms for the Department of Homeland Security (DHS) acquisitions. Government contractors working with DHS need to be familiar with the HSAR in addition to the FAR.

Definition

The HSAR implements and supplements the FAR to address the unique acquisition needs of DHS. It provides specific guidance on areas such as security requirements, information technology, small business programs, and other areas relevant to the Department's mission. The legal basis for the HSAR is derived from the Homeland Security Act of 2002 and other relevant legislation. It matters to government contractors because non-compliance with HSAR requirements can lead to contract disputes, delays in payment, or even termination of the contract. The HSAR is found in Title 48, Chapter 30 of the Code of Federal Regulations.

Key Points

• Supplements the FAR: The HSAR builds upon the FAR and addresses specific requirements for DHS acquisitions. Contractors must be familiar with both.
• Agency-Specific Guidance: The HSAR tailors acquisition policies to reflect DHS's unique mission, including homeland security, border security, cybersecurity, and disaster response.
• Mandatory Clauses: The HSAR includes mandatory contract clauses that contractors must include in their proposals and contracts with DHS.
• Compliance is Critical: Failing to comply with HSAR requirements can result in significant consequences, including contract termination or ineligibility for future contracts.

Practical Examples

1. Cybersecurity Requirements: A DHS contract for IT services may include specific HSAR clauses related to cybersecurity, data protection, and incident reporting. Contractors need to demonstrate their ability to meet these requirements.
2. Small Business Set-Asides: The HSAR outlines specific goals and procedures for utilizing small businesses in DHS acquisitions. Contractors should be aware of these opportunities and requirements.
3. Security Clearances: For contracts requiring access to classified information, the HSAR provides guidance on security clearance procedures and requirements for contractor personnel.