80 FR 51752 - Defense Federal Acquisition Regulation Supplement: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2014-D023)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 165 (August 26, 2015)

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide updates and clarifications regarding requirements for contractor personnel supporting U.S. Armed Forces deployed outside the United States.

[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51752-51754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20875]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket No. 2015-0010]
RIN 0750-AI45


Defense Federal Acquisition Regulation Supplement: Contractor 
Personnel Supporting U.S. Armed Forces Deployed Outside the United 
States (DFARS Case 2014-D023)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide updates and 
clarifications regarding requirements for contractor personnel 
supporting U.S. Armed Forces deployed outside the United States.

DATES: Effective August 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, Telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 80 FR 4850 
on January 29, 2015, to update the DFARS clause at 252.225-7040, 
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the 
United States. No public comments were submitted in response to the 
proposed rule.

II. Discussion and Analysis

    No changes are made to the substance of the final rule. Subsequent 
to the publication of the proposed rule, however, DFARS subpart 225.74 
was redesignated as DFARS 225.3 (see 80 FR

[[Page 51753]]

36900 published on June 26, 2015) to align with the coverage in the 
Federal Acquisition Regulation subpart 25.3. This final rule is updated 
accordingly to reflect these baseline changes.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    The rule is needed make the following updates to the clause at the 
Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7040, 
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the 
United States--
     Remove ``humanitarian assistance operations'' from the 
list of applicable operations covered by the clause because it is a 
subset of ``peace operations'';
     Clarify that both contractors authorized to accompany the 
Force (CAAF) and non-CAAF personnel must be made aware of information 
related to sexual assault offenses;
     Clarify that the section on reporting alleged crimes does 
not create any rights or privileges that are not authorized by law or 
DoD policy;
     Update the reference for special area, country, and 
theater clearance requirements for deploying personnel;
     Update the form used to show vaccinations are current;
     Update the SPOT Web address; and,
     Add the title of DoD Instruction 3020.41.
    No comments were received from the public in response to the 
initial regulatory flexibility analysis.
    DoD does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The 
rule updates DFARS clause 252.225-7040, which is required for use in 
contracts that authorize contractor personnel to support U.S. Armed 
Forces deployed outside the United States in: (1) Contingency 
operations; (2) peace operations consistent with Joint Publication 3-
07.3; or (3) other military operations or military exercises, when 
designated by the combatant commander or as directed by the Secretary 
of Defense.
    According to the Federal Procurement Data System (FPDS), DoD 
awarded 506 contracts in fiscal year 2013 requiring performance 
overseas in support of contingency, humanitarian or peace operations. 
Of the 506 contracts, only 76 contracts (15%) were awarded to small 
businesses. At this time, there is no way of estimating how many 
contracts may be awarded requiring performance outside the United 
States in support of other military operations or exercises, when 
designated by the Combatant Commander. However, the number of small 
businesses awarded such contracts is expected to be minimal.
    The rule does not impose any additional reporting, recordkeeping, 
and other compliance requirements. DoD did not identify any 
alternatives that could meet the objectives of the rule.

V. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval by 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 225 and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION


252.371-5  [Amended]

0
2. Amend section 225.371-5 by removing paragraph (a)(2) and 
redesignating paragraphs (a)(3) and (4) as paragraphs (a)(2) and (3), 
respectively.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.225-7040 by--
0
a. Removing the clause date ``(JUN 2015)'' and adding ``(AUG 2015)'' in 
its place;
0
b. Removing paragraph (b)(1)(ii) and redesignating paragraphs 
(b)(1)(iii) and (iv) as paragraphs (b)(1)(ii) and (iii), respectively;
0
c. In paragraph (d)(3) introductory text, removing ``CAAF are aware'' 
and adding ``CAAF and non-CAAF are aware'' in its place;
0
d. In paragraph (d)(3)(i), removing ``DoDD 6495.01'' and adding ``DoD 
Directive 6495.01'' in its place;
0
e. Adding paragraph (d)(5)(iii);
0
f. Revising paragraph (e)(1)(ii)(C)(3);
0
g. In paragraph (e)(1)(iv), removing ``DoD Directive 4500.54, Official 
Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide'' 
and adding ``DoD Directive 4500.54E, DoD Foreign Clearance Program'' in 
its place;
0
h. In paragraph (g)(2), removing ``https://spot.altess.army.mil/
privacy.aspx'' and adding ``https://spot.dmdc.mil'' in its place;
0
i. In paragraph (j)(1), removing ``DoD Instruction 3020.41'' and adding 
``DoD Instruction 3020.41, Operational Contractor Support'' in its 
place;
0
j. In paragraph (j)(2), removing ``will-notify'' and adding ``will 
notify'' in its place; and
0
k. Removing paragraph (q)(2) and redesignating paragraphs (q)(3) and 
(4) as paragraphs (q)(2) and (3), respectively.
    The addition and revision read as follows:


252.225-7040  Contractor Personnel Supporting U.S. Armed Forces 
Deployed Outside the United States.

* * * * *
    (d) * * *
    (5) * * *
    (iii) That this section does not create any rights or privileges 
that are not authorized by law or DoD policy.
* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (C) * * *

[[Page 51754]]

    (3) All CAAF and selected non-CAAF, as specified in the statement 
of work, shall bring to the designated operational area a copy of the 
U.S. Centers for Disease Control and Prevention (CDC) Form 731, 
International Certificate of Vaccination or Prophylaxis as Approved by 
the World Health Organization, (also known as ``shot record'' or 
``Yellow Card'') that shows vaccinations are current.
* * * * *
[FR Doc. 2015-20875 Filed 8-25-15; 8:45 am]
BILLING CODE 5001-06-P