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DHS/OS

RIN: 1601-AA55

Publication ID: Spring 2009

Title: ●Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or Operated by an Individual Convicted of a Felony (HSAR Case 2009-001)
Abstract: DHS is proposing to amend the Homeland Security Acquisition Regulation (HSAR) to prohibit DHS from awarding a Federal Protective Service (FPS) contract for guard services to a business concern that is owned, controlled, or operated by an individual who has been convicted of a felony. The rule is necessary to implement the provisions of Public Law 110-356, the Federal Protective Service Guard Contracting Reform Act of 2008. The proposed rule would implement this prohibition, identify which serious felonies may prohibit a contractor from being awarded a contract; require contractors to provide information regarding any relevant felony convictions when submitting bids or proposals; provide guidelines for the contracting officer to assess present responsibility, mitigating factors, and the risk associated with the previous conviction, and allow the contracting officer to award a contract under certain circumstances. The rule proposes that felonies which cast doubt on the integrity or business ethics of a business concern or are of a nature that is inconsistent with the mission of FPS will prohibit a business concern from being awarded an FPS contract for guard services.
Agency: Department of Homeland Security(DHS)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 110-356, the Federal Protective Service Guard Contracting Reform Act of 2008

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	03/18/2009	74 FR 11512
NPRM Comment Period End	04/17/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Gloria Sochon Senior Procurement Analyst Department of Homeland Security Office of the Secretary 7th and D Streets SW., Room 3114, Washington, DC 20529 Phone:202 447-5307 Fax:202 447-5310