80 FR 81496 - Defense Federal Acquisition Regulation Supplement: Defense Contractors Performing Private Security Functions (DFARS Case 2015-D021)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 250 (December 30, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 250 (December 30, 2015)
| Page Range | 81496-81499 | |
| FR Document | 2015-32874 |
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)] [Proposed Rules] [Pages 81496-81499] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32874] [[Page 81496]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216, 225, and 252 [Docket DARS-2015-0045] RIN 0750-AI69 Defense Federal Acquisition Regulation Supplement: Defense Contractors Performing Private Security Functions (DFARS Case 2015- D021) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to consolidate requirements that are applicable to DoD contracts for private security functions performed in designated areas outside the United States, make changes regarding applicability, and revise applicable quality assurance standards. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before January 29, 2016 to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2015-D021, using any of the following methods: [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``DFARS Case 2015-D021'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 2015-D021.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``DFARS Case 2015-D021'' on your attached document. [cir] Email: [email protected]. Include DFARS Case 2015-D021 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372- 6174. SUPPLEMENTARY INFORMATION: I. Background Requirements for Defense contractors performing private security functions outside of the United States are covered in the Federal Acquisition Regulation (FAR) at 25.302 and the clause at FAR 52.225-26, Contractors Performing Private Security Functions Outside the United States, and supplemented at DFARS 225.302 and the clause at DFARS 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. DoD is proposing to consolidate all requirements for Defense contractors performing private security functions in certain designated operational areas in the DFARS at 225.302 and the clause 252.225-7039. II. Discussion and Analysis A proposed FAR rule, Contractors Performing Private Security Functions (FAR case 2014-018), was published in the Federal Register at 80 FR 30202 on May 27, 2015, to make conforming changes to the FAR by removing the requirements specific to DoD contracts for private security functions. Under this proposed rule (DFARS case 2015-D021), DoD is proposing the following changes: (1) Amend DFARS 225.302 to require contracting officers to use the DFARS clause 252.225-7039 in lieu of the FAR clause 52.225-26, and (2) amend DFARS clause 252.225- 7039 to include all of the requirements for DoD contractors performing private security functions outside the United States from FAR clause 52.225-26. The rule also proposes to amend DFARS clause 252.225-7039 to add ``International Standard ISO 18788, Management System for Private Security Operations-Requirements with Guidance'' as an approved alternative to the ANSI/ASIS PSC.1-2012, American National Standard, Management System for Quality of Private Security Company Operations-- Requirements with Guidance. Many foreign countries do not accept use of foreign national standards. As such, restricting compliance to the American National Standard may deter private security contractors from other countries from competing on DoD contracts overseas, thus restricting our ability to access security services from host countries or coalition partner states. This is contrary to the DoD policy of promoting effective competition through outreach in global markets (see Better Buying Power 3.0, September 19, 2014). In order to expand the contractor base and promote competition, this rule proposes to allow Defense contractors performing private security functions outside the United States to comply with either the American National Standard, ANSI/ASIS PSC.1-2012, or the International Standard, ISO 18788. 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 DoD does not expect that this proposed rule will 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. Nevertheless, an initial regulatory flexibility analysis has been prepared and is summarized as follows: This rule proposes to amend the DFARS to consolidate all requirements for DoD contractors performing private security functions outside the U.S. from the FAR 25.302 and the clause at FAR 52.225-26, Contractors Performing Private Security Functions Outside the Unites States, in DFARS 225.302 and the clause at DFARS 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States. The objectives of this rule are as follows:Provide DoD contracting officers and contractors a single clause covering all requirements related to the performance of private security functions outside the United States that may be updated by DoD as policies are issued that affect only defense contractors. Identify the international high-quality assurance standard ``ISO 18788: Management System for Private Security [[Page 81497]] Operations'' as an approved alternative to the American standard ``ANSI/ASIS PSC.1-2012'' currently required by DFARS clause 252.225- 7039. This proposed rule will apply to defense contractors performing private security functions outside of the United States in designated operational areas under DoD contracts. According to data available in the Federal Procurement Data System for fiscal year (FY) 2013, DoD awarded 159 contracts that required performance outside the United States, although not necessarily in a designated operation area, and cited the National American Industry Classification System code 561612, Security Guards and Patrol Services, of which 33 contracts (21%) were awarded to small businesses. In FY 2014, DoD awarded 123 such contracts, of which 31 contracts (25%) were to small businesses. The private security contractors are required to report incidents when: (1) A weapon is discharged by personnel performing private security functions; (2) personnel performing private security functions are attacked, killed, or injured; (3) persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel; (4) a weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or (5) active, non-lethal countermeasures (other than the discharge of a weapon) are employed by personnel performing private security functions in response to a perceived immediate threat. As a regular record keeping requirement, private security contractors are required to keep appropriate records of personnel by registering in the Synchronized Predeployment Operational Tracker the equipment and weapons used by its personnel. The complexity of the work to prepare these records requires the expertise equivalent to that of a GS-11, step 5 with clerical and analytical skills to create the documents. The rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. The impact of this rule on small business is not expected to be significant. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2015-D021), in correspondence. 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). Accordingly, DoD has submitted a request for approval of a new information collection requirement concerning ``Defense Contractors Performing Private Security Functions Outside the United States'' to the Office of Management and Budget. A. Public reporting burden for this collection of information is estimated to average .5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The annual reporting burden estimated as follows: Respondents: 12. Responses per respondent: 4. Total annual responses: 48. Preparation hours per response: .5 hours, estimated. Total response Burden Hours: 24. B. Request for Comments Regarding Paperwork Burden. Written comments and recommendations on the proposed information collection, including suggestions for reducing this burden, should be sent to Ms. Jasmeet Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503, or email [email protected], with a copy to the Defense Acquisition Regulations System, Attn: Ms. Julie Hammond, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments can be received from 30 to 60 days after the date of this notice, but comments to OMB will be most useful if received by OMB within 30 days after the date of this notice. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the DFARS, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Acquisition Regulations System, Attn: Ms. Julie Hammond, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060, or email [email protected]. Include DFARS Case 2015-D021 in the subject line of the message. List of Subjects in 48 CFR Parts 216, 225, and 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 216, 225, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 216, 225, and 252 continue to read as follows: Authority: 41 U.S.C. 1303 and CFR chapter 1. PART 216--TYPES OF CONTRACTS 216.405-2-71 [Amended] 0 2. In section 216.405-2-71, amend paragraph (b) by removing ``FAR 52.225-26, Contractors Performing Private Security Functions'' and adding ``252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States''; PART 225--FOREIGN ACQUISITION 225.302-6 [Amended] 0 3. Amend section 225.302-6 introductory text by adding ``instead of FAR clause 52.225-26, Contractors Performing Private Security Functions Outside the United States,'' after ``Functions Outside the United States,''; PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4. Amend section 252.225-7039 by-- 0 a. Removing clause date ``(JAN 2015)'' and adding ``(DEC 2015)'' in its place; 0 b. Redesignating paragraphs (a) and (b) as paragraphs (c) and (f) respectively; 0 c. Adding new paragraphs (a) and (b); 0 d. Revising newly designated paragraph (c); 0 e. Adding paragraphs (d) and (e); 0 f. In newly designated paragraph (f), removing ``paragraph (b)'' and adding ``paragraph (f)'' in its place. The additions and revisions read as follows: [[Page 81498]] 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States. * * * * * (a) Definitions. As used in this clause-- Full cooperation-- (1) Means disclosure to the Government of the information sufficient to identify the nature and extent of the incident and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' requests for documents and access to employees with information; (2) Does not foreclose any contractor rights arising in law, the FAR or the terms of the contract. It does not require-- (i) The contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or (ii) Any officer, director, owner or employee of the contractor, including a sole proprietor, to waive his or her attorney-client privilege or Fifth Amendment rights; and (3) Does not restrict the contractor from-- (i) Conducting an internal investigation; or (ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Private security functions means the following activities engaged in by a contractor: (1) Guarding of personnel, facilities, designated sites or property of a Federal agency, the contractor or subcontractor, or a third party. (2) Any other activity for which personnel are required to carry weapons in the performance of their duties in accordance with the terms of this contract. (b) Applicability. If this contract is performed both in a designated area and in an area that is not designated, the clause only applies to performance in the designated area. Designated areas are areas outside the United States of-- (1) Contingency operations; (2) Combat operations, as designated by the Secretary of Defense; (3) Other significant military operations (as defined in 32 CFR part 159), designated by the Secretary of Defense upon agreement of the Secretary of State; (4) Peace operations, consistent with Joint Publication 3-07.3; or (5) Other military operations or military exercises, when designated by the Combatant Commander. (c) Requirements. The Contractor shall-- (1) Ensure that all employees of the Contractor, who are responsible for performing private security functions under this contract, comply with 32 CFR part 159 and any orders, directives or instructions to contractors performing private security functions that are identified in the contract for-- (i) Registering, processing, accounting for, managing, overseeing and keeping appropriate records of personnel performing private security functions; (ii) Authorizing, accounting for and registering in Synchronized Predeployment and Operational Tracker (SPOT), weapons to be carried by or available to be used by personnel performing private security functions; (iii) Identifying and registering in SPOT armored vehicles, helicopters and other military vehicles operated by Contractors performing private security functions; and (iv) In accordance with orders and instructions established by the applicable Combatant Commander, reporting incidents in which-- (A) A weapon is discharged by personnel performing private security functions; (B) Personnel performing private security functions are attacked, killed, or injured; (C) Persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel; (D) A weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or (E) Active, non-lethal countermeasures (other than the discharge of a weapon) are employed by personnel performing private security functions in response to a perceived immediate threat; (2) Ensure that the Contractor and all employees of the Contractor who are responsible for performing private security functions under this contract are briefed on and understand their obligation to comply with-- (i) Qualification, training, screening (including, if applicable, thorough background checks) and security requirements established by 32 CFR part 159; (ii) Applicable laws and regulations of the United States and the host country and applicable treaties and international agreements regarding performance of private security functions; (iii) Orders, directives and instructions issued by the applicable Combatant Commander or relevant Chief of Mission relating to weapons, equipment, force protection, security, health, safety, or relations and interaction with locals; and (iv) Rules on the use of force issued by the applicable Combatant Commander or relevant Chief of Mission for personnel performing private security functions; and (3) Provide full cooperation with any Government-authorized investigation of incidents reported pursuant to paragraph (c)(1)(iv) of this clause and incidents of alleged misconduct by personnel performing private security functions under this contract by providing-- (i) Access to employees performing private security functions; and (ii) Relevant information in the possession of the Contractor regarding the incident concerned; and (4) Comply with ANSI/ASIS PSC.1-2012, American National Standard, Management System for Quality of Private Security Company Operations-- Requirements with Guidance or the International Standard ISO 18788, Management System for Private Security Operations--Requirements with Guidance (located at http://www.acq.osd.mil/log/PS/psc.html). (d) Remedies. In addition to other remedies available to the Government-- (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor or subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements of this clause or 32 CFR part 159. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract; (2) The Contractor's failure to comply with the requirements of this clause will be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of past performance; and (3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be considered in the evaluation of the Contractor's performance during the relevant evaluation period, and the Contracting Officer may treat such failure to comply as a basis for reducing or denying award fees for such period or for recovering all or part of award fees previously paid for such period. (e) Rule of construction. The duty of the Contractor to comply with the requirements of this clause shall not be reduced or diminished by the failure of a higher- or lower-tier Contractor or subcontractor to comply with the clause requirements or by a failure of the [[Page 81499]] contracting activity to provide required oversight. [FR Doc. 2015-32874 Filed 12-29-15; 8:45 am] BILLING CODE 5001-06-P
![81496 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Proposed Rules
DEPARTMENT OF DEFENSE allow 30 days for posting of comments competition through outreach in global
submitted by mail). markets (see Better Buying Power 3.0,
Defense Acquisition Regulations FOR FURTHER INFORMATION CONTACT: Ms. September 19, 2014). In order to expand
System Julie Hammond, telephone 571–372– the contractor base and promote
6174. competition, this rule proposes to allow
48 CFR Parts 216, 225, and 252 Defense contractors performing private
SUPPLEMENTARY INFORMATION:
[Docket DARS–2015–0045]
security functions outside the United
I. Background States to comply with either the
RIN 0750–AI69 American National Standard, ANSI/
Requirements for Defense contractors
ASIS PSC.1–2012, or the International
Defense Federal Acquisition performing private security functions
Standard, ISO 18788.
Regulation Supplement: Defense outside of the United States are covered
Contractors Performing Private in the Federal Acquisition Regulation III. Executive Orders 12866 and 13563
Security Functions (DFARS Case (FAR) at 25.302 and the clause at FAR Executive Orders (E.O.s) 12866 and
2015–D021) 52.225–26, Contractors Performing 13563 direct agencies to assess all costs
Private Security Functions Outside the and benefits of available regulatory
AGENCY: Defense Acquisition United States, and supplemented at
Regulations System, Department of alternatives and, if regulation is
DFARS 225.302 and the clause at necessary, to select regulatory
Defense (DoD). DFARS 252.225–7039, Defense approaches that maximize net benefits
ACTION: Proposed rule. Contractors Performing Private Security (including potential economic,
Functions Outside the United States. environmental, public health and safety
SUMMARY: DoD is proposing to amend DoD is proposing to consolidate all
the Defense Federal Acquisition effects, distributive impacts, and
requirements for Defense contractors equity). E.O. 13563 emphasizes the
Regulation Supplement (DFARS) to performing private security functions in
consolidate requirements that are importance of quantifying both costs
certain designated operational areas in and benefits, of reducing costs, of
applicable to DoD contracts for private the DFARS at 225.302 and the clause
security functions performed in harmonizing rules, and of promoting
252.225–7039. flexibility. This is not a significant
designated areas outside the United
States, make changes regarding II. Discussion and Analysis regulatory action and, therefore, was not
applicability, and revise applicable subject to review under section 6(b) of
A proposed FAR rule, Contractors
quality assurance standards. E.O. 12866, Regulatory Planning and
Performing Private Security Functions
Review, dated September 30, 1993. This
DATES: Comments on the proposed rule (FAR case 2014–018), was published in
rule is not a major rule under 5 U.S.C.
should be submitted in writing to the the Federal Register at 80 FR 30202 on
804.
address shown below on or before May 27, 2015, to make conforming
January 29, 2016 to be considered in the changes to the FAR by removing the IV. Regulatory Flexibility Act
formation of a final rule. requirements specific to DoD contracts DoD does not expect that this
ADDRESSES: Submit comments for private security functions. Under proposed rule will have a significant
identified by DFARS Case 2015–D021, this proposed rule (DFARS case 2015– economic impact on a substantial
using any of the following methods: D021), DoD is proposing the following number of small entities within the
Æ Regulations.gov: http:// changes: (1) Amend DFARS 225.302 to meaning of the Regulatory Flexibility
www.regulations.gov. Submit comments require contracting officers to use the Act 5 U.S.C. 601, et seq. Nevertheless,
via the Federal eRulemaking portal by DFARS clause 252.225–7039 in lieu of an initial regulatory flexibility analysis
entering ‘‘DFARS Case 2015–D021’’ the FAR clause 52.225–26, and (2) has been prepared and is summarized as
under the heading ‘‘Enter keyword or amend DFARS clause 252.225–7039 to follows:
ID’’ and selecting ‘‘Search.’’ Select the include all of the requirements for DoD This rule proposes to amend the
link ‘‘Submit a Comment’’ that contractors performing private security DFARS to consolidate all requirements
corresponds with ‘‘DFARS Case 2015– functions outside the United States from for DoD contractors performing private
D021.’’ Follow the instructions provided FAR clause 52.225–26. security functions outside the U.S. from
at the ‘‘Submit a Comment’’ screen. The rule also proposes to amend the FAR 25.302 and the clause at FAR
Please include your name, company DFARS clause 252.225–7039 to add 52.225–26, Contractors Performing
name (if any), and ‘‘DFARS Case 2015– ‘‘International Standard ISO 18788, Private Security Functions Outside the
D021’’ on your attached document. Management System for Private Security Unites States, in DFARS 225.302 and
Æ Email: osd.dfars@mail.mil. Include Operations-Requirements with the clause at DFARS 252.225–7039,
DFARS Case 2015–D021 in the subject Guidance’’ as an approved alternative to Defense Contractors Performing Private
line of the message. the ANSI/ASIS PSC.1–2012, American Security Functions Outside the United
Æ Fax: 571–372–6094. National Standard, Management System States.
Æ Mail: Defense Acquisition for Quality of Private Security Company The objectives of this rule are as
Regulations System, Attn: Ms. Julie Operations—Requirements with follows:
Hammond, OUSD (AT&L) DPAP/DARS, Guidance. Many foreign countries do • Provide DoD contracting officers
Room 3B941, 3060 Defense Pentagon, not accept use of foreign national and contractors a single clause covering
Washington, DC 20301–3060. standards. As such, restricting all requirements related to the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Comments received generally will be compliance to the American National performance of private security
posted without change to http:// Standard may deter private security functions outside the United States that
www.regulations.gov, including any contractors from other countries from may be updated by DoD as policies are
personal information provided. To competing on DoD contracts overseas, issued that affect only defense
confirm receipt of your comment(s), thus restricting our ability to access contractors.
please check www.regulations.gov, security services from host countries or • Identify the international high-
approximately two to three days after coalition partner states. This is contrary quality assurance standard ‘‘ISO 18788:
submission to verify posting (except to the DoD policy of promoting effective Management System for Private Security
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Operations’’ as an approved alternative U.S.C. 610 (DFARS Case 2015–D021), in techniques or other forms of information
to the American standard ‘‘ANSI/ASIS correspondence. technology.
PSC.1–2012’’ currently required by To request more information on this
V. Paperwork Reduction Act
DFARS clause 252.225–7039. proposed information collection or to
This proposed rule will apply to The rule contains information obtain a copy of the proposal and
defense contractors performing private collection requirements that require the associated collection instruments,
security functions outside of the United approval of the Office of Management please write to the Defense Acquisition
States in designated operational areas and Budget under the Paperwork Regulations System, Attn: Ms. Julie
under DoD contracts. According to data Reduction Act (44 U.S.C. chapter 35). Hammond, OUSD(AT&L)DPAP/DARS,
available in the Federal Procurement Accordingly, DoD has submitted a Room 3B941, 3060 Defense Pentagon,
Data System for fiscal year (FY) 2013, request for approval of a new Washington, DC 20301–3060, or email
DoD awarded 159 contracts that information collection requirement osd.dfars@mail.mil. Include DFARS
required performance outside the concerning ‘‘Defense Contractors Case 2015–D021 in the subject line of
United States, although not necessarily Performing Private Security Functions the message.
in a designated operation area, and cited Outside the United States’’ to the Office
the National American Industry of Management and Budget. List of Subjects in 48 CFR Parts 216,
Classification System code 561612, A. Public reporting burden for this 225, and 252
Security Guards and Patrol Services, of collection of information is estimated to Government procurement.
which 33 contracts (21%) were awarded average .5 hours per response, including
to small businesses. In FY 2014, DoD the time for reviewing instructions, Jennifer L. Hawes,
awarded 123 such contracts, of which searching existing data sources, Editor, Defense Acquisition Regulations
31 contracts (25%) were to small gathering and maintaining the data System.
businesses. needed, and completing and reviewing Therefore, 48 CFR parts 216, 225, and
The private security contractors are the collection of information. 252 are amended as follows:
required to report incidents when: (1) A The annual reporting burden ■ 1. The authority citation for 48 CFR
weapon is discharged by personnel estimated as follows: parts 216, 225, and 252 continue to read
performing private security functions; Respondents: 12.
Responses per respondent: 4. as follows:
(2) personnel performing private
security functions are attacked, killed, Total annual responses: 48. Authority: 41 U.S.C. 1303 and CFR
or injured; (3) persons are killed or Preparation hours per response: .5 chapter 1.
injured or property is destroyed as a hours, estimated.
result of conduct by Contractor Total response Burden Hours: 24. PART 216—TYPES OF CONTRACTS
personnel; (4) a weapon is discharged B. Request for Comments Regarding 216.405–2–71 [Amended]
against personnel performing private Paperwork Burden.
Written comments and ■ 2. In section 216.405–2–71, amend
security functions or personnel paragraph (b) by removing ‘‘FAR
performing such functions believe a recommendations on the proposed
information collection, including 52.225–26, Contractors Performing
weapon was so discharged; or (5) active,
suggestions for reducing this burden, Private Security Functions’’ and adding
non-lethal countermeasures (other than
should be sent to Ms. Jasmeet Seehra at ‘‘252.225–7039, Defense Contractors
the discharge of a weapon) are
the Office of Management and Budget, Performing Private Security Functions
employed by personnel performing
Desk Officer for DoD, Room 10236, New Outside the United States’’;
private security functions in response to
a perceived immediate threat. As a Executive Office Building, Washington,
PART 225—FOREIGN ACQUISITION
regular record keeping requirement, DC 20503, or email Jasmeet_K._Seehra@
private security contractors are required omb.eop.gov, with a copy to the Defense 225.302–6 [Amended]
to keep appropriate records of personnel Acquisition Regulations System, Attn: ■ 3. Amend section 225.302–6
by registering in the Synchronized Ms. Julie Hammond, introductory text by adding ‘‘instead of
Predeployment Operational Tracker the OUSD(AT&L)DPAP/DARS, Room FAR clause 52.225–26, Contractors
equipment and weapons used by its 3B941, 3060 Defense Pentagon, Performing Private Security Functions
personnel. The complexity of the work Washington, DC 20301–3060. Outside the United States,’’ after
to prepare these records requires the Comments can be received from 30 to 60 ‘‘Functions Outside the United States,’’;
expertise equivalent to that of a GS–11, days after the date of this notice, but
step 5 with clerical and analytical skills comments to OMB will be most useful PART 252—SOLICITATION
to create the documents. if received by OMB within 30 days after PROVISIONS AND CONTRACT
The rule does not duplicate, overlap, the date of this notice. CLAUSES
or conflict with any other Federal rules. Public comments are particularly
There are no known significant invited on: Whether this collection of ■ 4. Amend section 252.225–7039 by—
alternatives to the rule. The impact of information is necessary for the proper ■ a. Removing clause date ‘‘(JAN 2015)’’
this rule on small business is not performance of functions of the DFARS, and adding ‘‘(DEC 2015)’’ in its place;
expected to be significant. and will have practical utility; whether ■ b. Redesignating paragraphs (a) and
DoD invites comments from small our estimate of the public burden of this (b) as paragraphs (c) and (f) respectively;
business concerns and other interested collection of information is accurate, ■ c. Adding new paragraphs (a) and (b);
mstockstill on DSK4VPTVN1PROD with PROPOSALS
parties on the expected impact of this and based on valid assumptions and ■ d. Revising newly designated
rule on small entities. methodology; ways to enhance the paragraph (c);
DoD will also consider comments quality, utility, and clarity of the ■ e. Adding paragraphs (d) and (e);
from small entities concerning the information to be collected; and ways in ■ f. In newly designated paragraph (f),
existing regulations in subparts affected which we can minimize the burden of removing ‘‘paragraph (b)’’ and adding
by this rule in accordance with 5 U.S.C. the collection of information on those ‘‘paragraph (f)’’ in its place.
610. Interested parties must submit such who are to respond, through the use of The additions and revisions read as
comments separately and should cite 5 appropriate technological collection follows:
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contracting activity to provide required please check www.regulations.gov, • Change 217.172(h)(2) to require the
oversight. approximately two to three days after Secretary of Defense to certify to
[FR Doc. 2015–32874 Filed 12–29–15; 8:45 am] submission to verify posting (except Congress by no later than ‘‘30 days
BILLING CODE 5001–06–P
allow 30 days for posting of comments before entry’’ into a contract, instead of
submitted by mail). no later than ‘‘March 1 of the year in
FOR FURTHER INFORMATION CONTACT: Ms. which the Secretary requests legislative
DEPARTMENT OF DEFENSE Tresa Sullivan, telephone 571–372– authority to enter’’ in such contract.
6176. • Delete paragraph (7) at DFARS
Defense Acquisition Regulations 217.172(h), which requires a
SUPPLEMENTARY INFORMATION:
System notification to congressional defense
I. Background committees 30 days prior to award, and
48 CFR Part 217 DoD is proposing to amend the redesignate paragraph (h)(8) as
[Docket DARS–2015–0067] DFARS to implement section 816 of the paragraph (7). Add to the newly
National Defense Authorization Act redesignated paragraph (7), a reference
RIN 0750–AI80 (NDAA) for Fiscal Year (FY) 2015 (Pub. to 10 U.S.C. 2306b(i)(4).
L. 113–291) and section 8010 of the • Update cross references to 10 U.S.C.
Defense Federal Acquisition
Department of Defense Appropriations 2306b(i) throughout section 217.172.
Regulation Supplement: Multiyear
Contract Requirements (DFARS Case Act for FY 2015 (Division C, Title VII of III. Executive Orders 12866 and 13563
2015–D009) Pub. L. 113–235), which address various
requirements for multiyear contracts. Executive Orders (E.O.s) 12866 and
AGENCY: Defense Acquisition Section 816 of the NDAA amends 13563 direct agencies to assess all costs
Regulations System, Department of subsection (i) of 10 U.S.C. 2306b to and benefits of available regulatory
Defense (DoD). clarify that a multiyear contract may not alternatives and, if regulation is
ACTION: Proposed rule. be entered into for a defense acquisition necessary, to select regulatory
program that has been specifically approaches that maximize net benefits
SUMMARY: DoD is proposing to amend authorized by law to be carried out (including potential economic,
the DFARS to implement a section of using multiyear authority unless the environmental, public health and safety
the National Defense Authorization Act Secretary of Defense certifies in writing effects, distributive impacts, and
for Fiscal Year (FY) 2015 and a section that certain conditions have been met equity). E.O. 13563 emphasizes the
of the Department of Defense not later than 30 days before award of importance of quantifying both costs
Appropriations Act for FY 2015, which the contract (10 U.S.C. 2306b(i)(3)). and benefits, of reducing costs, of
address various requirements for Section 8010 makes the following harmonizing rules, and of promoting
multiyear contracts. additional changes: flexibility. This is not a significant
DATES: Comments on the proposed rule • A multiyear contract may not be regulatory action and, therefore, was not
should be submitted in writing to the terminated without 30-day prior subject to review under section 6(b) of
address shown below on or before notification to the congressional defense E.O. 12866, Regulatory Planning and
February 29, 2016 to be considered in committees. Review, dated September 30, 1993. This
the formation of a final rule. • A multiyear contract may not be rule is not a major rule under 5 U.S.C.
entered into unless the head of the 804.
ADDRESSES: Submit comments
agency ensures that—
identified by DFARS Case 2015–D009, Æ Cancellation provisions in the IV. Regulatory Flexibility Act
using any of the following methods: contract do not include consideration of
Æ Regulations.gov: http:// DoD does not expect this proposed
recurring manufacturing costs of the rule to have a significant economic
www.regulations.gov. Submit comments
contractor associated with the impact on a substantial number of small
via the Federal eRulemaking portal by
production of unfunded units to be entities within the meaning of the
entering ‘‘DFARS Case 2014–D009’’
delivered under the contract; Regulatory Flexibility Act, 5 U.S.C. 601,
under the heading ‘‘Enter keyword or Æ The contract provides that
ID’’ and selecting ‘‘Search.’’ Select the et seq., because this rule implements
payments to the contractor under the requirements for the head of agency,
link ‘‘Submit a Comment’’ that contract shall not be made in advance
corresponds with ‘‘DFARS Case 2014– which are procedures internal to the
of incurred costs on funded units; and Government. However, an initial
D009.’’ Follow the instructions provided Æ The contract does not provide for a
at the ‘‘Submit a Comment’’ screen. regulatory flexibility analysis has been
price adjustment based on a failure to performed and is summarized as
Please include your name, company award a follow-on contract.
name (if any), and ‘‘DFARS Case 2015– follows:
D009’’ on your attached document. II. Discussion and Analysis The purpose of this proposed rule is
Æ Email: osd.dfars@mail.mil. Include DoD is proposing to make the to amend the Defense Federal
DFARS Case 2015–D009 in the subject following changes to the DFARS: Acquisition Regulation Supplement
line of the message. • Amend 217.170(b) to change ‘‘10 (DFARS) to require the head of agency
Æ Fax: 571–372–6094. days before termination’’ to ‘‘30 days to—
Æ Mail: Defense Acquisition before termination’’ and remove the • Provide written notice to the
Regulations System, Attn: Ms. Tresa congressional defense committees at
mstockstill on DSK4VPTVN1PROD with PROPOSALS
references to 10 U.S.C. 2306.
Sullivan, OUSD(AT&L)DPAP/DARS, • Add the new section 8010 least 30 days before termination of any
Room 3B941, 3060 Defense Pentagon, requirements for multiyear contracts to multiyear contract;
Washington, DC 20301–3060. the list of requirements at 217.172(e). • For defense acquisition programs
Comments received generally will be • Clarify at 217.172(h) that the specifically authorized by law to be
posted without change to http:// requirements are applicable to defense carried out using multiyear authority,
www.regulations.gov, including any acquisition programs specifically ensure the Secretary of Defense certifies
personal information provided. To authorized by law to be carried out to Congress certain conditions for the
confirm receipt of your comment(s), using multiyear contract authority. multiyear contract have been met no
VerDate Sep<11>2014 16:44 Dec 29, 2015 Jkt 238001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\30DEP1.SGM 30DEP1](https://thefederalregister.org/doc/80_FR_81746/page/4.svg)
Document Created: 2015-12-30 03:16:15
Document Modified: 2015-12-30 03:16:15
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Julie Hammond, telephone 571-372- 6174. | |
| FR Citation | 80 FR 81496 | |
| RIN Number | 0750-AI69 | |
| CFR Citation | 48
CFR
216 48 CFR 225 48 CFR 252 |
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