80 FR 36900 - Defense Federal Acquisition Regulation Supplement: Defense Contractors Outside the United States-Subpart Relocation (DFARS Case 2015-D015)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 123 (June 26, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 123 (June 26, 2015)
| Page Range | 36900-36903 | |
| FR Document | 2015-15667 |
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)] [Rules and Regulations] [Pages 36900-36903] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15667] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 212, 225, 242, and 252 RIN 0750-AI55 Defense Federal Acquisition Regulation Supplement: Defense Contractors Outside the United States--Subpart Relocation (DFARS Case 2015-D015) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate the text of a DFARS subpart in order to conform with the Federal Acquisition Regulation (FAR) and to make minor related editorial revisions. DATES: Effective June 26, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372- 6176. SUPPLEMENTARY INFORMATION: I. Background In order to conform the DFARS with the FAR, this rule moves, with minor editorial changes, the text of DFARS subpart 225.74, Defense Contractors [[Page 36901]] Outside the United States, to DFARS subpart 225.3, Contracts Performed Outside the United States. In addition, this rule revises the introductory texts of the clauses at DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, and 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the United States, to reflect the changed location of the prescriptions for use of those clauses, and makes a minor editorial change to the text of each of the clauses. This rule also revises DFARS subparts 204.8, 212.3, and 242.3 to revise references to the DFARS text that has been relocated from DFARS subpart 225.74 to DFARS subpart 225.3. II. Publication of This Final Rule for Public Comment Is Not Required by Statute ``Publication of proposed regulations'', 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule only relocates existing text within the DFARS, makes corresponding revisions to references related to that text, and makes a minor editorial change to two clauses. This final rule is not required to be published for public comment, because it has no effect beyond the internal operating procedures of DoD, and the rule has no cost or administrative impact on contractors or offerors. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment. V. Paperwork Reduction Act The rule contains information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to the DFARS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704- 0460, entitled Synchronized Predeployment and Operational Tracker (SPOT) System. List of Subjects in 48 CFR Parts 204, 212, 225, 242, and 252 Government procurement. Amy G. Williams, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 204, 212, 225, 242, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 204, 212, 225, 242, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 204--ADMINISTRATIVE MATTERS 204.804 [Amended] 0 2. Amend section 204.804 in paragraph (2) by removing ``PGI 225.7404(e)'' and adding ``PGI 225.373(e)'' in its place. PART 212--ACQUISITION OF COMMERCIAL ITEMS 212.301 [Amended] 0 3. Amend section 212.301 by-- 0 a. In paragraph (f)(x)(Y), removing ``225.7402-5(a)'' and adding ``225.371-5(a)'' in its place; and 0 b. In paragraph (f)(x)(Z), removing ``225.7403-2'' and adding ``225.372-2'' in its place. PART 225--FOREIGN ACQUISITION 0 4. Add section 225.370 to subpart 225.3 to read as follows: 225.370 Contracts requiring performance or delivery in a foreign country. (a) If the acquisition requires the performance of services or delivery of supplies in an area outside the United States, follow the procedures at PGI 225.370(a). (b) For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.- German bilateral agreements. Follow the procedures at Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under ``AE Regs & Resources.'' (c) For work performed in Japan or Korea, see PGI 225.370(b) for information on bilateral agreements and policy relating to contractor employees in Japan or Korea. (d) For work performed in the U.S. Central Command area of responsibility, follow the procedures for theater business clearance/ contract administration delegation instructions at PGI 225.370(c). 0 5. Add sections 225.371, 225.371-1, 225.371-2, 225.371-3, 225.371-4, 225.371-5 to subpart 225.3 to read as follows: 225.371 Contractor personnel supporting U.S. Armed Forces deployed outside the United States. For additional information on contractor personnel supporting U.S. Armed Forces, see PGI 225.371. 225.371-1 Scope. (a) This section applies to contracts that involve contractor personnel supporting U.S. Armed Forces deployed outside the United States in-- (1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or military exercises, when designated by the combatant commander. (b) Any of the types of operations listed in paragraph (a) of this section may include stability operations such as-- (1) Establishment or maintenance of a safe and secure environment; or (2) Provision of emergency infrastructure reconstruction, humanitarian relief, or essential governmental services (until feasible to transition to local government). 225.371-2 Definition. ``Designated operational area'' is defined in the clause at 252.225-7040. See PGI 225.371-2 for additional information on designated operational areas. [[Page 36902]] 225.371-3 Government support. (a) Government support that may be authorized or required for contractor personnel performing in a designated operational area may include, but is not limited to, the types of support listed in PGI 225.371-3(a). (b) The agency shall provide logistical or security support only when the appropriate agency official, in accordance with agency guidance, determines in coordination with the combatant commander that-- (1) Such Government support is available and is needed to ensure continuation of essential contractor services; and (2) The contractor cannot obtain adequate support from other sources at a reasonable cost. (c) The contracting officer shall specify in the solicitation and contract-- (1) Valid terms, approved by the combatant commander, that specify the responsible party, if a party other than the combatant commander is responsible for providing protection to the contractor personnel performing in the designated operational area; and (2) Any other Government support to be provided, and whether this support will be provided on a reimbursable basis, citing the authority for the reimbursement. (d) Medical support of contractor personnel. The contracting officer shall provide direction to the contractor when the contractor is required to reimburse the Government for medical treatment or transportation of contractor personnel to a selected civilian facility in accordance with paragraph (c)(2)(ii) of the clause at 252.225-7040. For additional information, see PGI 225.371-3(d). (e) Letter of authorization. Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization (LOA) signed by the contracting officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The LOA also will identify any additional authorizations, privileges, or Government support that the contractor personnel are entitled to under the contract. For additional information on LOAs, see PGI 225.371-3(e). 225.371-4 Law of war training. (a) Basic training. Basic law of war training is required for all contractor personnel supporting U.S. Armed Forces deployed outside the United States. The basic training normally will be provided through a military-run training center. The contracting officer may authorize the use of an alternate basic training source, provided the servicing DoD legal advisor concurs with the course content. An example of an alternate source of basic training is the web-based training provided by the Defense Acquisition University at https://acc.dau.mil/CommunityBrowser.aspx?id=18014&lang=en-US. (b) Advanced law of war training. (1) The types of personnel that must obtain advanced law of war training include the following: (i) Private security contractors. (ii) Security guards in or near areas of military operations. (iii) Interrogators, linguists, interpreters, guards, report writers, information technology technicians, or others who will come into contact with enemy prisoners of war, civilian internees, retained persons, other detainees, terrorists, or criminals who are captured, transferred, confined, or detained during or in the aftermath of hostilities. (iv) Other personnel when deemed necessary by the contracting officer. (2) If contractor personnel will be required to obtain advanced law of war training, the solicitation and contract shall specify-- (i) The types of personnel subject to advanced law of war training requirements; (ii) Whether the training will be provided by the Government or the contractor; (iii) If the training will be provided by the Government, the source of the training; and (iv) If the training will be provided by the contractor, a requirement for coordination of the content with the servicing DoD legal advisor to ensure that training content is commensurate with the duties and responsibilities of the personnel to be trained. 225.371-5 Contract clauses. (a) Use the clause at 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, instead of the clause at FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for performance in a designated operational area that authorize contractor personnel (including both contractors authorized to accompany the Force (CAAF) and non-CAAF) to support U.S. Armed Forces deployed outside the United States in-- (1) Contingency operations; (2) Humanitarian assistance operations; (3) Peace operations consistent with Joint Publication 3-07.3; or (4) Other military operations or military exercises, when designated by the combatant commander or as directed by the Secretary of Defense. (b) For additional guidance on clauses to consider when using the clause at 252.225-7040, see PGI 225.371-5(b). 0 6. Add sections 225.372, 225.372-1, and 225.372-2 to subpart 225.3 to read as follows: 225.372 Antiterrorism/force protection. 225.372-1 General. Information and guidance pertaining to DoD antiterrorism/force protection policy for contracts that require performance or travel outside the United States can be obtained from the offices listed in PGI 225.372-1. 225.372-2 Contract clause. Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that require performance or travel outside the United States, except for contracts with-- (a) Foreign governments; (b) Representatives of foreign governments; or (c) Foreign corporations wholly owned by foreign governments. 0 7. Add section 225.373 to subpart 225.3 to read as follows: 225.373 Contract administration in support of contingency operations. For additional guidance on contract administration considerations when supporting contingency operations, see PGI 225.373. 0 8. Add section 225.374 to subpart 225.3 to read as follows: 225.374 Use of electronic business tools. See 218.272 concerning the use of electronic business tools in support of a contingency operation or humanitarian or peacekeeping operation. 225.802-70 [Amended] 0 9. Amend section 225.802-70, by removing ``225.74, Defense Contractors Outside the United States'' and adding ``225.3, Contracts Performed Outside the United States'' in its place. Subpart 225.74 [Removed and Reserved] 0 10. Remove and reserve subpart 225.74, consisting of sections 225.7401, [[Page 36903]] 225.7402, 225.7402-1, 225.7402-2, 225.7402-3, 225.7402-4, 225.7402-5, 225.7403, 225.7403-1, 225.7403-2, 225.7404, and 225.7405. PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES 242.302 [Amended] 0 11. Amend section 242.302 in paragraph (S-72) by removing ``PGI 225.7402-5(a)(iv)'' and adding ``PGI 207.105(b)(20)(C)(9)'' in its place. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225-7040 [Amended] 0 12. Amend section 252.225-7040 by-- 0 a. In the introductory text, removing ``225.7402-5(a)'' and adding ``225.371-5(a)'' in its place; 0 b. Removing the clause date ``(JAN 2015)'' and adding ``(JUN 2015)'' in its place; and 0 c. In paragraph (b)(4), removing ``authorized to accompany'' and adding ``supporting'' in its place. 252.225-7043 [Amended] 0 13. Amend section 252.225-7043 by-- 0 a. In the introductory text, removing ``225.7403-2'' and adding ``225.372-2'' in its place; 0 b. Removing the clause date ``(MAR 2006)'' and adding ``(JUN 2015)'' in its place; and 0 c. In paragraph (d), removing ``PGI 225.7403-1'' and adding ``PGI 225.372-1'' in its place. [FR Doc. 2015-15667 Filed 6-25-15; 8:45 am] BILLING CODE 5001-06-P
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■ 16. Amend section 252.234–7004 by— ■ a. Removing the introductory text of ■ a. Removing the introductory text of
■ a. Revising the section heading; the section; the section;
■ b. Removing the introductory text of ■ b. Revising the Basic clause ■ b. Revising the Basic clause
the section; introductory text; introductory text;
■ c. Revising the Basic clause ■ c. In the Alternate I introductory ■ c. In the Alternate I introductory
introductory text; and text— text—
■ d. In the Alternate I introductory text, ■ i. Removing ‘‘244.305–71(b)’’ and ■ i. Removing ‘‘247.574(b)(2)’’ and
removing ‘‘234.7101(b)(2)’’ and adding adding ‘‘244.305–71 and 244.305–71(b)’’ adding ‘‘247.574(b) and (b)(2)’’ in its
‘‘234.7101(b) and (b)(2)’’ in its place. in its place; and place; and
The revision reads as follows: ■ ii. Removing the period at the end of ■ ii. Removing the period at the end of
the introductory text and add a colon in the introductory text and adding a colon
252.234–7004 Cost and Software Data in its place.
its place.
Reporting System. ■ d. In the Alternate II introductory
The revision reads as follows:
Basic. As prescribed in 234.7101(b) text—
and (b)(1), use the following clause: 252.244–7001 Contractor purchasing ■ i. Removing ‘‘247.574(b)(3)’’ and
* * * * * system administration. adding ‘‘247.574(b) and (b)(3)’’ in its
■ 17. Amend section 252.235–7003 by—
Basic. As prescribed in 244.305–71 place; and
■ a. Removing the introductory text of and 244.305–71(a), use the following ■ ii. Removing the period at the end of
the section; clause: the introductory text and adding a colon
■ b. Revising the Basic clause * * * * * in its place.
introductory text; ■ 21. Amend section 252.246–7001 by—
The revision reads as follows:
■ c. In the Alternate I introductory ■ a. Removing the introductory text of 252.247–7023 Transportation of supplies
text— the section; by sea.
■ i. Removing ‘‘at 235.072(b)(2)’’ and ■ b. Revising the Basic clause Basic. As prescribed in 247.574(b) and
adding ‘‘in 234.072(b) and (b)(2)’’ in its introductory text; (b)(1), use the following clause:
place; and ■ c. In the Alternate I introductory
■ ii Removing the period at the end of
* * * * *
text— [FR Doc. 2015–15666 Filed 6–25–15; 8:45 am]
the introductory text and adding a colon ■ i. Removing ‘‘246.710(1)(ii)’’ and
BILLING CODE 5001–06–P
in its place. adding ‘‘246.710(1) and (1)(ii)’’ in its
The revision reads as follows: place; and
■ ii. Removing the period at the end of DEPARTMENT OF DEFENSE
252.235–7003 Frequency authorization.
the introductory text and adding a colon
Basic. As prescribed in 235.072(b) and in its place. Defense Acquisition Regulations
(b)(1), use the following clause: ■ d. In the Alternate II introductory System
* * * * * text—
■ 18. Amend 252.237–7002 by— ■ i. Removing ‘‘at 246.710(1)(iii)’’ and 48 CFR Parts 204, 212, 225, 242, and
■ a. Removing the introductory text of adding ‘‘in 246.710(1) and (1)(iii)’’ in its 252
the section; place; and
■ ii. Removing the period at the end of
RIN 0750–AI55
■ b. Revising the Basic provision
introductory text; and the introductory text and adding a colon Defense Federal Acquisition
■ c. In the Alternate I introductory text, in its place. Regulation Supplement: Defense
removing ‘‘237.7003(a)(2)’’ and adding The revision reads as follows: Contractors Outside the United
‘‘237.7003(a) and (a)(2)’’ in its place. States—Subpart Relocation (DFARS
252.246–7001 Warranty of data.
The revision reads as follows: Case 2015–D015)
Basic. As prescribed in 246.710(1) and
252.237–7002 Award to single offeror. (1)(i), use the following clause: AGENCY: Defense Acquisition
Basic. As prescribed in 237.7003(a) * * * * * Regulations System, Department of
and (a)(1), use the following provision: ■ 22. Amend section 252.247–7008 by— Defense (DoD).
* * * * * ■ a. Removing the introductory text of ACTION: Final rule.
■ 19. Amend section 252.237–7016 by— the section;
■ a. Removing the introductory text of ■ b. Revising the Basic provision
SUMMARY: DoD is issuing a final rule
the section; introductory text; and amending the Defense Federal
■ b. Revising the Basic clause ■ c. In the Alternate I introductory
Acquisition Regulation Supplement
introductory text; text— (DFARS) to relocate the text of a DFARS
■ c. In the Alternate I introductory text, ■ i. Removing ‘‘247.271–4(a)(2)’’ and subpart in order to conform with the
removing ‘‘237.7101(e)(2)’’ and adding adding ‘‘247.271–3 and 247.271–3(a) Federal Acquisition Regulation (FAR)
‘‘237.7101(e) and (e)(2)’’ in its place; and (a)(2)’’ in its place; and and to make minor related editorial
and ■ ii. Removing the period at the end of revisions.
■ d. In the Alternate II introductory text, the introductory text and adding a colon DATES: Effective June 26, 2015.
removing ‘‘237.7101(e)(3)’’ and adding in its place. FOR FURTHER INFORMATION CONTACT:Ms.
‘‘237.7101(e) and (e)(3)’’ in its place. The revision reads as follows: Kyoung Lee, telephone 571–372–6176.
The revision reads as follows:
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252.247–7008 Evaluation of bids. SUPPLEMENTARY INFORMATION:
252.237–7016 Delivery tickets. Basic. As prescribed in 247.271–3 and I. Background
Basic. As prescribed in 237.7101(e) 247.271–3(a) and (a)(1), use the In order to conform the DFARS with
and (e)(1), use the following clause: following provision: the FAR, this rule moves, with minor
* * * * * * * * * * editorial changes, the text of DFARS
■ 20. Amend section 252.244–7001 by— ■ 23. Amend section 252.247–7023 by— subpart 225.74, Defense Contractors
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Outside the United States, to DFARS Review, dated September 30, 1993. This 225.370 Contracts requiring performance
subpart 225.3, Contracts Performed rule is not a major rule under 5 U.S.C. or delivery in a foreign country.
Outside the United States. In addition, 804. (a) If the acquisition requires the
this rule revises the introductory texts of performance of services or delivery of
IV. Regulatory Flexibility Act
the clauses at DFARS 252.225–7040, supplies in an area outside the United
Contractor Personnel Supporting U.S. The Regulatory Flexibility Act does States, follow the procedures at PGI
Armed Forces Deployed Outside the not apply to this rule because this final 225.370(a).
United States, and 252.225–7043, rule does not constitute a significant (b) For work performed in Germany,
Antiterrorism/Force Protection for DFARS revision within the meaning of eligibility for logistics support or base
Defense Contractors Outside the United FAR 1.501–1, and 41 U.S.C. 1707 does privileges of contractor employees is
States, to reflect the changed location of not require publication for public governed by U.S.-German bilateral
the prescriptions for use of those comment. agreements. Follow the procedures at
clauses, and makes a minor editorial Army in Europe Regulation 715–9,
change to the text of each of the clauses. V. Paperwork Reduction Act
available at http://www.eur.army.mil/
This rule also revises DFARS subparts The rule contains information g1/content/CPD/docper/docper_
204.8, 212.3, and 242.3 to revise collection requirements that require the germanyLinks.html under ‘‘AE Regs &
references to the DFARS text that has approval of the Office of Management Resources.’’
been relocated from DFARS subpart and Budget under the Paperwork (c) For work performed in Japan or
225.74 to DFARS subpart 225.3. Reduction Act (44 U.S.C. chapter 35); Korea, see PGI 225.370(b) for
II. Publication of This Final Rule for however, these changes to the DFARS information on bilateral agreements and
Public Comment Is Not Required by do not impose additional information policy relating to contractor employees
Statute collection requirements to the in Japan or Korea.
paperwork burden previously approved (d) For work performed in the U.S.
‘‘Publication of proposed under OMB Control Number 0704–0460, Central Command area of responsibility,
regulations’’, 41 U.S.C. 1707, is the entitled Synchronized Predeployment follow the procedures for theater
statute which applies to the publication and Operational Tracker (SPOT) business clearance/contract
of the Federal Acquisition Regulation. System. administration delegation instructions
Paragraph (a)(1) of the statute requires at PGI 225.370(c).
that a procurement policy, regulation, List of Subjects in 48 CFR Parts 204,
■ 5. Add sections 225.371, 225.371–1,
procedure or form (including an 212, 225, 242, and 252
amendment or modification thereof) 225.371–2, 225.371–3, 225.371–4,
Government procurement. 225.371–5 to subpart 225.3 to read as
must be published for public comment
if it relates to the expenditure of Amy G. Williams,
follows:
appropriated funds, and has either a Editor, Defense Acquisition Regulations 225.371 Contractor personnel supporting
significant effect beyond the internal System. U.S. Armed Forces deployed outside the
operating procedures of the agency United States.
Therefore, 48 CFR parts 204, 212, 225,
issuing the policy, regulation, procedure For additional information on
242, and 252 are amended as follows:
or form, or has a significant cost or contractor personnel supporting U.S.
administrative impact on contractors or ■ 1. The authority citation for 48 CFR
Armed Forces, see PGI 225.371.
offerors. This final rule only relocates parts 204, 212, 225, 242, and 252
existing text within the DFARS, makes continues to read as follows: 225.371–1 Scope.
corresponding revisions to references Authority: 41 U.S.C. 1303 and 48 CFR (a) This section applies to contracts
related to that text, and makes a minor chapter 1. that involve contractor personnel
editorial change to two clauses. This supporting U.S. Armed Forces deployed
final rule is not required to be published PART 204—ADMINISTRATIVE outside the United States in—
for public comment, because it has no MATTERS (1) Contingency operations;
effect beyond the internal operating (2) Humanitarian or peacekeeping
204.804 [Amended]
procedures of DoD, and the rule has no operations; or
cost or administrative impact on ■ 2. Amend section 204.804 in (3) Other military operations or
contractors or offerors. paragraph (2) by removing ‘‘PGI military exercises, when designated by
225.7404(e)’’ and adding ‘‘PGI the combatant commander.
III. Executive Orders 12866 and 13563
225.373(e)’’ in its place. (b) Any of the types of operations
Executive Orders (E.O.s) 12866 and listed in paragraph (a) of this section
13563 direct agencies to assess all costs PART 212—ACQUISITION OF may include stability operations such
and benefits of available regulatory COMMERCIAL ITEMS as—
alternatives and, if regulation is (1) Establishment or maintenance of a
necessary, to select regulatory 212.301 [Amended]
safe and secure environment; or
approaches that maximize net benefits ■ 3. Amend section 212.301 by— (2) Provision of emergency
(including potential economic, ■ a. In paragraph (f)(x)(Y), removing infrastructure reconstruction,
environmental, public health and safety ‘‘225.7402–5(a)’’ and adding ‘‘225.371– humanitarian relief, or essential
effects, distributive impacts, and 5(a)’’ in its place; and governmental services (until feasible to
equity). E.O. 13563 emphasizes the ■ b. In paragraph (f)(x)(Z), removing transition to local government).
importance of quantifying both costs
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‘‘225.7403–2’’ and adding ‘‘225.372–2’’
and benefits, of reducing costs, of 225.371–2 Definition.
in its place.
harmonizing rules, and of promoting ‘‘Designated operational area’’ is
flexibility. This is not a significant PART 225—FOREIGN ACQUISITION defined in the clause at 252.225–7040.
regulatory action and, therefore, was not See PGI 225.371–2 for additional
subject to review under section 6(b) of ■ 4. Add section 225.370 to subpart information on designated operational
E.O. 12866, Regulatory Planning and 225.3 to read as follows: areas.
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225.371–3 Government support. basic training source, provided the (2) Humanitarian assistance
(a) Government support that may be servicing DoD legal advisor concurs operations;
authorized or required for contractor with the course content. An example of (3) Peace operations consistent with
personnel performing in a designated an alternate source of basic training is Joint Publication 3–07.3; or
operational area may include, but is not the web-based training provided by the (4) Other military operations or
limited to, the types of support listed in Defense Acquisition University at military exercises, when designated by
PGI 225.371–3(a). https://acc.dau.mil/CommunityBrowser. the combatant commander or as
(b) The agency shall provide logistical aspx?id=18014&lang=en-US. directed by the Secretary of Defense.
or security support only when the (b) Advanced law of war training. (1) (b) For additional guidance on clauses
appropriate agency official, in The types of personnel that must obtain to consider when using the clause at
accordance with agency guidance, advanced law of war training include 252.225–7040, see PGI 225.371–5(b).
determines in coordination with the the following: ■ 6. Add sections 225.372, 225.372–1,
combatant commander that— (i) Private security contractors. and 225.372–2 to subpart 225.3 to read
(1) Such Government support is (ii) Security guards in or near areas of as follows:
available and is needed to ensure military operations.
225.372 Antiterrorism/force protection.
continuation of essential contractor (iii) Interrogators, linguists,
services; and interpreters, guards, report writers, 225.372–1 General.
(2) The contractor cannot obtain information technology technicians, or Information and guidance pertaining
adequate support from other sources at others who will come into contact with to DoD antiterrorism/force protection
a reasonable cost. enemy prisoners of war, civilian policy for contracts that require
(c) The contracting officer shall internees, retained persons, other performance or travel outside the
specify in the solicitation and contract— detainees, terrorists, or criminals who United States can be obtained from the
(1) Valid terms, approved by the are captured, transferred, confined, or offices listed in PGI 225.372–1.
combatant commander, that specify the detained during or in the aftermath of
responsible party, if a party other than hostilities. 225.372–2 Contract clause.
the combatant commander is (iv) Other personnel when deemed Use the clause at 252.225–7043,
responsible for providing protection to necessary by the contracting officer. Antiterrorism/Force Protection Policy
the contractor personnel performing in (2) If contractor personnel will be for Defense Contractors Outside the
the designated operational area; and required to obtain advanced law of war United States, in solicitations and
(2) Any other Government support to training, the solicitation and contract contracts, including solicitations and
be provided, and whether this support shall specify— contracts using FAR part 12 procedures
will be provided on a reimbursable (i) The types of personnel subject to for the acquisition of commercial items,
basis, citing the authority for the advanced law of war training that require performance or travel
reimbursement. requirements; outside the United States, except for
(d) Medical support of contractor (ii) Whether the training will be contracts with—
personnel. The contracting officer shall provided by the Government or the (a) Foreign governments;
provide direction to the contractor when contractor; (b) Representatives of foreign
the contractor is required to reimburse (iii) If the training will be provided by governments; or
the Government for medical treatment the Government, the source of the (c) Foreign corporations wholly
or transportation of contractor personnel training; and owned by foreign governments.
to a selected civilian facility in (iv) If the training will be provided by ■ 7. Add section 225.373 to subpart
accordance with paragraph (c)(2)(ii) of the contractor, a requirement for 225.3 to read as follows:
the clause at 252.225–7040. For coordination of the content with the
225.373 Contract administration in
additional information, see PGI servicing DoD legal advisor to ensure support of contingency operations.
225.371–3(d). that training content is commensurate
(e) Letter of authorization. Contractor with the duties and responsibilities of For additional guidance on contract
personnel must have a Synchronized the personnel to be trained. administration considerations when
Predeployment and Operational Tracker supporting contingency operations, see
(SPOT)-generated letter of authorization 225.371–5 Contract clauses. PGI 225.373.
(LOA) signed by the contracting officer (a) Use the clause at 252.225–7040, ■ 8. Add section 225.374 to subpart
in order to process through a Contractor Personnel Supporting U.S. 225.3 to read as follows:
deployment center or to travel to, from, Armed Forces Deployed Outside the
225.374 Use of electronic business tools.
or within the designated operational United States, instead of the clause at
FAR 52.225–19, Contractor Personnel in See 218.272 concerning the use of
area. The LOA also will identify any electronic business tools in support of a
additional authorizations, privileges, or a Designated Operational Area or
Supporting a Diplomatic or Consular contingency operation or humanitarian
Government support that the contractor or peacekeeping operation.
personnel are entitled to under the Mission Outside the United States, in
contract. For additional information on solicitations and contracts, including 225.802–70 [Amended]
LOAs, see PGI 225.371–3(e). solicitations and contracts using FAR
■ 9. Amend section 225.802–70, by
part 12 procedures for the acquisition of
225.371–4 Law of war training. removing ‘‘225.74, Defense Contractors
commercial items, for performance in a
Outside the United States’’ and adding
(a) Basic training. Basic law of war designated operational area that
‘‘225.3, Contracts Performed Outside the
training is required for all contractor authorize contractor personnel
tkelley on DSK3SPTVN1PROD with RULES2
United States’’ in its place.
personnel supporting U.S. Armed (including both contractors authorized
Forces deployed outside the United to accompany the Force (CAAF) and Subpart 225.74 [Removed and
States. The basic training normally will non-CAAF) to support U.S. Armed Reserved]
be provided through a military-run Forces deployed outside the United
training center. The contracting officer States in— ■ 10. Remove and reserve subpart
may authorize the use of an alternate (1) Contingency operations; 225.74, consisting of sections 225.7401,
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![Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations 36903
225.7402, 225.7402–1, 225.7402–2, (DFARS) to implement the inflation Because the actual CPI index for
225.7402–3, 225.7402–4, 225.7402–5, adjustment of acquisition-related dollar March 2015 is about 10 points lower
225.7403, 225.7403–1, 225.7403–2, thresholds. A statute requires an than the CPI index projected for that
225.7404, and 225.7405. adjustment every five years of date at the time of the proposed rule,
acquisition-related thresholds for thresholds of at least 10 million dollars
PART 242—CONTRACT inflation using the Consumer Price are generally proportionally lower than
ADMINISTRATION AND AUDIT Index for all urban consumers, except the proposed thresholds. Thresholds of
SERVICES for the Construction Wage Rate less than $10 million are frequently
Requirements statute (formerly Davis- unchanged, due to rounding.
242.302 [Amended]
Bacon Act), Service Contract Labor There were some baseline changes
■ 11. Amend section 242.302 in Standards statute, and trade agreements due to other DFARS cases. For example,
paragraph (S–72) by removing ‘‘PGI thresholds. DoD also used the same there are baseline changes to subpart
225.7402–5(a)(iv)’’ and adding ‘‘PGI methodology to adjust nonstatutory 217.1, and the clauses at DFARS
207.105(b)(20)(C)(9)’’ in its place. DFARS acquisition-related thresholds. 252.203–7004 and 252.209–7004 have
DATES: Effective Date: October 1, 2015. been amended since publication of the
PART 252—SOLICITATION proposed rule. DFARS 232.502–1(b)(1)
PROVISIONS AND CONTRACT FOR FURTHER INFORMATION CONTACT: Ms.
and the clause at DFARS 252.225–7006,
CLAUSES Amy G. Williams, telephone 571–372–
including the associated thresholds,
6106. have been deleted under other DFARS
252.225–7040 [Amended]
SUPPLEMENTARY INFORMATION: cases.
■ 12. Amend section 252.225–7040 by—
■ a. In the introductory text, removing I. Background II. Executive Orders 12866 and 13563
‘‘225.7402–5(a)’’ and adding ‘‘225.371– This rule amends multiple DFARS Executive Orders (E.O.s) 12866 and
5(a)’’ in its place; parts to further implement 41 U.S.C. 13563 direct agencies to assess all costs
■ b. Removing the clause date ‘‘(JAN 1908. Section 1908 requires an and benefits of available regulatory
2015)’’ and adding ‘‘(JUN 2015)’’ in its adjustment every five years (on October alternatives and, if regulation is
place; and 1 of each year evenly divisible by five) necessary, to select regulatory
■ c. In paragraph (b)(4), removing of statutory acquisition-related approaches that maximize net benefits
‘‘authorized to accompany’’ and adding thresholds for inflation, using the (including potential economic,
‘‘supporting’’ in its place. Consumer Price Index (CPI) for all urban environmental, public health and safety
consumers, except for the Construction effects, distributive impacts, and
252.225–7043 [Amended] Wage Rate Requirements statute (Davis- equity). E.O. 13563 emphasizes the
■ 13. Amend section 252.225–7043 by— Bacon Act), Service Contract Labor importance of quantifying both costs
■ a. In the introductory text, removing Standards statute, and trade agreements and benefits, of reducing costs, of
‘‘225.7403–2’’ and adding ‘‘225.372–2’’ thresholds (see DFARS 201.109). As a harmonizing rules, and of promoting
in its place; matter of policy, DoD also uses the same flexibility. This is not a significant
■ b. Removing the clause date ‘‘(MAR methodology to adjust nonstatutory FAR regulatory action and, therefore, was not
2006)’’ and adding ‘‘(JUN 2015)’’ in its acquisition-related thresholds. subject to review under section 6(b) of
place; and DoD published a proposed rule in the E.O. 12866, Regulatory Planning and
■ c. In paragraph (d), removing ‘‘PGI Federal Register at 79 FR 65912 on Review, dated September 30, 1993. This
225.7403–1’’ and adding ‘‘PGI 225.372– November 6, 2014. The preamble to the rule is not a major rule under 5 U.S.C.
1’’ in its place. proposed rule contained detailed 804.
[FR Doc. 2015–15667 Filed 6–25–15; 8:45 am] explanation of—
• What an acquisition-related III. Regulatory Flexibility Act
BILLING CODE 5001–06–P
threshold is; A final regulatory flexibility analysis
• What acquisition-related thresholds has been prepared consistent with the
DEPARTMENT OF DEFENSE are not subject to escalation adjustment Regulatory Flexibility Act, 5 U.S.C. 601,
under this case; and et seq., and is summarized as follows:
Defense Acquisition Regulations • How DoD analyzes statutory and This rule amends the Defense Federal
System non-statutory acquisition-related Acquisition Regulation Supplement to
thresholds. implement 41 U.S.C. 1908 and to amend
48 CFR Parts 202, 203, 205, 207, 211, No respondents submitted public other acquisition-related dollar
212, 215, 217, 219, 225, 228, 234, 236, comments in response to the proposed thresholds that are based on policy
237, 250, and 252 rule. rather than statute in order to adjust for
Although there were no changes the changing value of the dollar. 41
RIN 0750–AI43 between the proposed rule and the final U.S.C. 1908 requires adjustment every
rule as the result of public comments, five years of statutory acquisition-
Defense Federal Acquisition
some of the thresholds in the final rule related dollar thresholds, except for
Regulation Supplement: Inflation
are lower than proposed, due to lower Construction Wage Rate Requirements
Adjustment of Acquisition-Related
inflation than was projected at the time statute (Davis-Bacon Act), Service
Thresholds (DFARS Case 2014–D025)
of publication of the proposed rule. The Contract Labor Standards statute, and
AGENCY: Defense Acquisition proposed rule was based on a projected trade agreements thresholds. While
Regulations System, Department of CPI of 245 for March 2015. The final reviewing all statutory acquisition-
tkelley on DSK3SPTVN1PROD with RULES2
Defense (DoD). rule is based on an actual CPI of 236.119 related thresholds, this case presented
ACTION: Final rule. for March 2015. The CPI as of the end an opportunity to also review all
of March, 6 months before the effective nonstatutory acquisition-related
SUMMARY: DoD is issuing a final rule date of the rule, is used as the cutoff in thresholds in the DFARS that are based
amending the Defense Federal order to allow time for approval and on policy. The objective of the case is
Acquisition Regulation Supplement publication of the final rule. to maintain the status quo, by adjusting
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Document Created: 2015-12-15 14:15:27
Document Modified: 2015-12-15 14:15:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 26, 2015. | |
| Contact | Ms. Kyoung Lee, telephone 571-372- 6176. | |
| FR Citation | 80 FR 36900 | |
| RIN Number | 0750-AI55 | |
| CFR Citation | 48
CFR
204 48 CFR 212 48 CFR 225 48 CFR 242 48 CFR 252 |
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