1. (b) Numbering.

2. (2)

   1. (i) Provisions or clauses that supplement the FAR.

      1. (A) Agency-prescribed provisions and clauses permitted by HSAR and used on a standard basis (i.e., normally used in two or more solicitations or contracts regardless of contract type) shall be prescribed and contained in the HSAR. Component desiring to use a provision or a clause on a standard basis shall submit a request containing a copy of the clause(s), justification for its use, and evidence of legal counsel review to the CPO in accordance with (HSAR) 48 CFR 3001.304 for possible inclusion in the HSAR.

      2. (B) Provisions and clauses used on a one-time basis (i.e., non-standard provisions and clauses) may be approved by the contracting officer, unless a higher level is designated by the Component. This authority is subject to:

         (1) Evidence of legal counsel review in the contract file;

         (2) Inserting these clauses in the appropriate sections of the uniform contract format; and

         (3) Ensuring the provisions and clauses do not deviate from the requirements of the FAR and HSAR.

Note to 3052.101: The solicitation provisions and contract clauses matrix referencing all HSAR provisions and clauses is available at https://www.dhs.gov/publication/hsar-provision-and-clause-matrix.

[68 FR 67871, Dec. 4, 2003, as amended at 71 FR 48802, Aug. 22, 2006; 77 FR 50636, Aug. 22, 2012; 86 FR 17317, Apr. 2, 2021]