(a) Except as provided (HSAR) 48 CFR 3009.108-7004, DHS may not enter into any contract with a foreign incorporated entity, which is treated as an inverted domestic corporation under subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b), or any subsidiary of such entity.
(b) Section 743 of Division D of the FY 2009 omnibus appropriations legislation (Pub. L. 111-8), prohibits the use of FY 2009 funds appropriated to DHS for contracting with any inverted domestic corporation. The same restriction is also contained in the FY 2008 omnibus appropriations legislation (Pub. L. 110-161, Section 745). The FAR implementation of Sections 743 and 745 will be relied upon instead of the HSAR implementation of 6 U.S.C. 395(b) for DHS contracts obligating funds available for FY 2008 and FY 2009, and for DHS contracts obligating future year funds, if the appropriations restriction is reenacted in the same form in subsequent fiscal years. DHS may not use any funds appropriated or otherwise made available FY 08 or FY 09 (or in a successor appropriation act, if the restriction is reenacted) for any Federal contract with a foreign incorporated entity, which is treated as an inverted domestic corporation under subsection (b) of Section 835 of the Homeland Security Act (6 U.S.C. 395(b)).
(c) When Section 743 or a subsequent successor appropriation act with the contracting prohibition is in effect and implemented by Federal Acquisition Regulation (FAR) 48 CFR 9.108, Prohibition on Contracting with Inverted Domestic Corporations and the provision at (FAR) 48 CFR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation, the FAR prohibition and provision apply to DHS.
(d) In the event that successor legislation is not enacted, DHS will be bound by provisions of HSAR 3009.108-70, et seq. and HSAR Clause 3052.209-70 in effect on June 30, 2009.
