83 FR 42820 - Defense Federal Acquisition Regulation Supplement: Antiterrorism Training Requirements for Contractors (DFARS Case 2017-D034)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 165 (August 24, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 165 (August 24, 2018)
| Page Range | 42820-42822 | |
| FR Document | 2018-18250 |
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)] [Proposed Rules] [Pages 42820-42822] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18250] [[Page 42820]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 212, and 252 [Docket DARS-2018-0038] RIN 0750-AJ45 Defense Federal Acquisition Regulation Supplement: Antiterrorism Training Requirements for Contractors (DFARS Case 2017-D034) 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 implement the requirement for contractors to complete Level I antiterrorism awareness training. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 23, 2018, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2017-D034, using any of the following methods: [cir] Federal eRulemaking Portal: http://www.regulations.gov. Search for ``DFARS Case 2017-D034.'' Select ``Comment Now'' and follow the instructions provided to submit a comment. Please include ``DFARS Case 2017-D034'' on any attached documents. [cir] Email: [email protected]. Include DFARS Case 2017-D034 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Kimberly Bass, OUSD(A&S)DPC/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. Kimberly Bass, telephone 571-372- 6174. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to revise the DFARS to implement the antiterrorism training requirements for contractors provided in DoD Instruction (DoDI) O-2000.16, Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards (available at http://www.esd.whs.mil/Directives/issuances/dodi/). The rule will ensure contractors are aware of the requirement for contractor personnel, who as a condition of contract performance require routine physical access to a Federally- controlled facility or military installation, to complete Level I DoD antiterrorism awareness training. Routine physical access is considered more than intermittent access, such as when a contractor employee is required to obtain a Common Access Card. The training is required within 30 days of requiring access and annually thereafter and must be completed either through DoD-sponsored and certified computer or web- based distance learning instruction, or under the instruction of a qualified Level I antiterrorism awareness instructor. II. Discussion and Analysis This rule proposes a new DFARS subpart 204.7X, Antiterrorism Awareness Training, to address the requirement for covered contractors to complete Level I antiterrorism awareness training. The new subpart advises contracting officers of the training requirement, the authorized sources of training, and when training must be completed by contractors. This subpart also prescribes a new DFARS clause 252.204- 7XXX, Antiterrorism Awareness Training for Contractors, for use in all solicitations and contracts, including those for the acquisition of commercial items, when contractor personnel will require routine physical access to a Federally-controlled facility or military installation. The clause advises contractors of the training requirements, provides a reference to additional information and guidance available on the internet, and instructs contractors to include the clause in all subcontracts. Conforming changes are made to DFARS 212.301(f)(ii) to add the new clause to the list of contract clauses applicable to the acquisition of commercial items. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This rule proposes to create a new clause, DFARS 252.204-7XXX, Antiterrorism Awareness Training for Contractors, to advise DoD contractors of the requirement for its employees (and those of its subcontractors, if applicable) to complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter, if, as a condition of contract performance require routine physical access to a Federally-controlled facility or a military installation. DoD plans to apply this clause to solicitations and contracts below the SAT and to the acquisition of commercial items, including COTS items (as defined in Federal Acquisition Regulation 2.101). This is necessary in order to reach as wide an audience as possible to ensure contractor personnel who are required to have routine physical access to a Federally-controlled facility or military installation are aware of this training requirement. IV. 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. V. Executive Order 13771 This proposed rule is not expected to be an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because this proposed rule is not significant under E.O. 12866. VI. Regulatory Flexibility Act This rule is not expected 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. An initial regulatory flexibility analysis has been performed and is summarized as follows: This action is necessary to implement the requirements of DoD Instruction O-2000.16, Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, to ensure that contractors complete Level I antiterrorism awareness training. The objective of this proposed rule is to ensure contractor personnel who, as a condition of contract performance, require routine physical access to a [[Page 42821]] Federally-controlled facility or military installation are aware of terrorism threats and the proper responses to threat actions. In recent years, there have been terrorist events directed at Federally- controlled facilities and military installation and all personnel that routinely access those facilities need to be aware of the threat. It is expected that contracts that contain the clause at Federal Acquisition Regulation (FAR) 52.204-9, Personal Identity Verification of Contractor Personnel, are contracts that would require contractor personnel to have routine physical access to Federally-controlled facilities or military installations. According to data available in the Electronic Data Access system, in fiscal year 2017, DoD awarded 137,106 contracts containing the clause at FAR 52.204-9 to 15,814 businesses, of which 10,837 (68.5 percent) were to small businesses. Common Access Cards (CAC) are issued to contractors who require routine physical access to a Federally-controlled facility or military installation. There are currently 507,665 contractors that hold CAC cards. The impact is not expected to be significant, because current contractor employees who hold a CAC have already completed the requisite training and the cost of training new contractor personnel is at the expense of the Department. The time allotted for the training is approximately two hours per year. The training will provide safety awareness and precautionary measures that will benefit contractor personnel requiring routine physical access to a Federally-controlled facilities or military installations. This awareness not only benefits the contractor personnel, but also DoD civilians, military, and its assets. The rule does not duplicate, overlap, or conflict with any other Federal rules. 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 2017-D034), in correspondence. VII. Paperwork Reduction Act The rule does not contain any 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). List of Subjects in 48 CFR Parts 204, 212, and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 204, 212, and 252 are proposed to be amended as follows: 0 1. The authority citation for 48 CFR parts 204, 212, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 204--ADMINISTRATIVE MATTERS 0 2. Add new subpart 204.7X to read as follows: Subpart 204.7X--Antiterrorism Awareness Training Sec. 204.7X00 Scope of subpart. 204.7X01 Definition. 204.7X02 Policy. 204.7X03 Contract clause. Subpart 204.7X--Antiterrorism Awareness Training 204.7X00 Scope of subpart. This subpart provides policy and guidance related to antiterrorism awareness training for contractor personnel who require routine physical access to a Federally-controlled facility or military installation. 204.7X01 Definition. As used in this subpart-- Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department (see 10 U.S.C. 2801(c)(4)). 204.7X02 Policy. It is DoD policy that-- (a) Contractor personnel who, as a condition of contract performance, require routine physical access to a Federally-controlled facility or military installation are required to complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. (b) In accordance with Department of Defense Instruction O-2000.16, Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training may be completed-- (1) Through a DoD-sponsored and certified computer or web-based distance learning instruction for Level I antiterrorism awareness; or (2) Under the instruction of a qualified Level I antiterrorism awareness instructor. 204.7X03 Contract clause. Include the clause at 252.204-7XXX, DoD Antiterrorism Awareness Training for Contractors, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when contractor personnel require routine physical access to a Federally-controlled facility or military installation. PART 212--ACQUISITION OF COMMERCIAL ITEMS 0 3. Amend section 212.301, by adding new paragraph (f)(ii)(G) to read as follows: 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items. * * * * * (f) * * * (ii) * * * (G) Use the clause at 252.204-7XXX, Antiterrorism Awareness Training for Contractors, as prescribed in 204.7X03. * * * * * PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4. Add section 252.204-7XXX to read as follows: 252.204-7XXX Antiterrorism Awareness Training for Contractors. As prescribed in 204.7X03, use the following clause: Level I Antiterrorism Awareness Training for Contractors (Date) (a) Definition. As used in this clause-- Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department (see 10 U.S.C. 2801(c)(4)). (b) Training. Contractor personnel who require routine physical access to a Federally-controlled facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training shall be completed-- (1) Through a DoD-sponsored and certified computer or web-based distance learning instruction for Level I antiterrorism awareness; or (2) Under the instruction of a Level I antiterrorism awareness instructor. (c) Information and guidance pertaining DoD antiterrorism awareness training is [[Page 42822]] available at http://jko.jfcom.mil/ or as otherwise identified in the performance work statement. (d) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation. (End of clause) [FR Doc. 2018-18250 Filed 8-23-18; 8:45 am] BILLING CODE 5001-06-P
![42820 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules
DEPARTMENT OF DEFENSE requirements for contractors provided in applicable) to complete Level I
DoD Instruction (DoDI) O–2000.16, antiterrorism awareness training within
Defense Acquisition Regulations Volume 1, DoD Antiterrorism (AT) 30 days of requiring access and annually
System Program Implementation: DoD AT thereafter, if, as a condition of contract
Standards (available at http:// performance require routine physical
48 CFR Parts 204, 212, and 252 www.esd.whs.mil/Directives/issuances/ access to a Federally-controlled facility
[Docket DARS–2018–0038]
dodi/). The rule will ensure contractors or a military installation. DoD plans to
are aware of the requirement for apply this clause to solicitations and
RIN 0750–AJ45 contractor personnel, who as a contracts below the SAT and to the
condition of contract performance acquisition of commercial items,
Defense Federal Acquisition require routine physical access to a including COTS items (as defined in
Regulation Supplement: Antiterrorism Federally-controlled facility or military Federal Acquisition Regulation 2.101).
Training Requirements for Contractors installation, to complete Level I DoD This is necessary in order to reach as
(DFARS Case 2017–D034) antiterrorism awareness training. wide an audience as possible to ensure
AGENCY: Defense Acquisition Routine physical access is considered contractor personnel who are required
Regulations System, Department of more than intermittent access, such as to have routine physical access to a
Defense (DoD). when a contractor employee is required Federally-controlled facility or military
ACTION: Proposed rule.
to obtain a Common Access Card. The installation are aware of this training
training is required within 30 days of requirement.
SUMMARY: DoD is proposing to amend requiring access and annually thereafter
and must be completed either through IV. Executive Orders 12866 and 13563
the Defense Federal Acquisition
Regulation Supplement (DFARS) to DoD-sponsored and certified computer Executive Orders (E.O.s) 12866 and
implement the requirement for or web-based distance learning 13563 direct agencies to assess all costs
contractors to complete Level I instruction, or under the instruction of and benefits of available regulatory
antiterrorism awareness training. a qualified Level I antiterrorism alternatives and, if regulation is
DATES: Comments on the proposed rule awareness instructor. necessary, to select regulatory
should be submitted in writing to the approaches that maximize net benefits
II. Discussion and Analysis
address shown below on or before (including potential economic,
This rule proposes a new DFARS environmental, public health and safety
October 23, 2018, to be considered in
subpart 204.7X, Antiterrorism effects, distributive impacts, and
the formation of a final rule.
Awareness Training, to address the equity). E.O. 13563 emphasizes the
ADDRESSES: Submit comments requirement for covered contractors to
identified by DFARS Case 2017–D034, importance of quantifying both costs
complete Level I antiterrorism and benefits, of reducing costs, of
using any of the following methods: awareness training. The new subpart
Æ Federal eRulemaking Portal: http:// harmonizing rules, and of promoting
advises contracting officers of the flexibility. This is not a significant
www.regulations.gov. Search for training requirement, the authorized
‘‘DFARS Case 2017–D034.’’ Select regulatory action and, therefore, was not
sources of training, and when training subject to review under section 6(b) of
‘‘Comment Now’’ and follow the must be completed by contractors. This
instructions provided to submit a E.O. 12866, Regulatory Planning and
subpart also prescribes a new DFARS Review, dated September 30, 1993. This
comment. Please include ‘‘DFARS Case clause 252.204–7XXX, Antiterrorism
2017–D034’’ on any attached rule is not a major rule under 5 U.S.C.
Awareness Training for Contractors, for 804.
documents. use in all solicitations and contracts,
Æ Email: osd.dfars@mail.mil. Include including those for the acquisition of V. Executive Order 13771
DFARS Case 2017–D034 in the subject commercial items, when contractor This proposed rule is not expected to
line of the message. personnel will require routine physical
Æ Fax: 571–372–6094. be an E.O. 13771, Reducing Regulation
access to a Federally-controlled facility and Controlling Regulatory Costs,
Æ Mail: Defense Acquisition
or military installation. The clause regulatory action, because this proposed
Regulations System, Attn: Ms. Kimberly
advises contractors of the training rule is not significant under E.O. 12866.
Bass, OUSD(A&S)DPC/DARS, Room
requirements, provides a reference to
3B941, 3060 Defense Pentagon, VI. Regulatory Flexibility Act
additional information and guidance
Washington, DC 20301–3060. This rule is not expected to have a
available on the internet, and instructs
Comments received generally will be
contractors to include the clause in all significant economic impact on a
posted without change to http://
subcontracts. Conforming changes are substantial number of small entities
www.regulations.gov, including any
made to DFARS 212.301(f)(ii) to add the within the meaning of the Regulatory
personal information provided. To
new clause to the list of contract clauses Flexibility Act, 5 U.S.C. 601 et seq. An
confirm receipt of your comment(s),
applicable to the acquisition of initial regulatory flexibility analysis has
please check www.regulations.gov,
commercial items. been performed and is summarized as
approximately two to three days after
follows:
submission to verify posting (except III. Applicability to Contracts at or This action is necessary to implement
allow 30 days for posting of comments Below the Simplified Acquisition the requirements of DoD Instruction O–
submitted by mail). Threshold (SAT) and for Commercial 2000.16, Volume 1, DoD Antiterrorism
sradovich on DSK3GMQ082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT: Ms. Items, Including Commercially (AT) Program Implementation: DoD AT
Kimberly Bass, telephone 571–372– Available Off-the-Shelf (COTS) Items Standards, to ensure that contractors
6174. This rule proposes to create a new complete Level I antiterrorism
SUPPLEMENTARY INFORMATION: clause, DFARS 252.204–7XXX, awareness training.
Antiterrorism Awareness Training for The objective of this proposed rule is
I. Background Contractors, to advise DoD contractors to ensure contractor personnel who, as
DoD is proposing to revise the DFARS of the requirement for its employees a condition of contract performance,
to implement the antiterrorism training (and those of its subcontractors, if require routine physical access to a
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![42822 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules
available at http://jko.jfcom.mil/ or as Williams, OUSD(A&S)DPC/DARS, 858 explicitly restricted applicability to
otherwise identified in the performance work Room 3B941, 3060 Defense Pentagon, the United States, that restriction is still
statement. Washington, DC 20301–3060. equivalent to the section 846
(d) The Contractor shall include the Comments received generally will be applicability, because the Buy American
substance of this clause, including this
paragraph (d), in subcontracts, including posted without change to http:// statute invoked in section 846 does not
subcontracts for commercial items, when www.regulations.gov, including any apply overseas. Land leases are not
subcontractor performance requires routine personal information provided. To addressed in this rule because land
physical access to a Federally-controlled confirm receipt of your comment(s), leases are outside the scope of the FAR
facility or military installation. please check www.regulations.gov, and DFARS.
approximately two to three days after 2. Requirements
(End of clause)
submission to verify posting (except
[FR Doc. 2018–18250 Filed 8–23–18; 8:45 am] allow 30 days for posting of comments Section 846 requires that, with some
BILLING CODE 5001–06–P submitted by mail). exceptions, photovoltaic devices
FOR FURTHER INFORMATION CONTACT: Ms.
provided under covered contracts
comply with the Buy American statute.
DEPARTMENT OF DEFENSE Amy G. Williams, telephone 571–372–
The Buy American statute requires, for
6106.
use inside the United States, that
Defense Acquisition Regulations SUPPLEMENTARY INFORMATION: manufactured articles, materials and
System supplies be manufactured in the United
I. Background
States, substantially all from articles,
48 CFR Parts 212, 225, and 252 DoD is proposing to revise the DFARS materials, or supplies mined, produced,
[Docket DARS–2018–0028] to implement section 813(b) of the or manufactured in the United States.
National Defense Authorization Act When section 858 was enacted, it
RIN 0750–AJ71 (NDAA) for Fiscal Year (FY) 2018. imposed basically the same
Section 813(b) repeals section 858 of the requirement, requiring that any
Defense Federal Acquisition NDAA for FY 2015, effective October 1,
Regulation Supplement: Sunset of photovoltaic device installed under a
2018, but does not repeal section 846 of covered contract be manufactured in the
Provision Relating to the Procurement the NDAA for FY 2011. DoD published
of Certain Goods (DFARS Case 2018– United States substantially all from
the final rule to implement section 858 articles, materials or supplies mined,
D007) under DFARS case 2015–D007 in the produced, or manufactured in the
AGENCY: Defense Acquisition Federal Register on November 20, 2015 United States, but no longer referenced
Regulations System, Department of (80 FR 72599). the Buy American statute.
Defense (DoD). Section 858 of the NDAA for FY 2015
did not contain specific language to 3. Exceptions
ACTION: Proposed rule.
rescind or supersede section 846 of the Because the requirement under
SUMMARY: DoD is proposing to amend NDAA for FY 2011, which was first section 858 was separated from the
the Defense Federal Acquisition implemented in the DFARS by an explicit application of the Buy
Regulation Supplement (DFARS) to interim rule under DFARS Case 2011– American statute, the exceptions and
implement a section of the National D046, published in the Federal Register waivers that apply to the Buy American
Defense Authorization Act for Fiscal on December 20, 2011 (76 FR 78858), statute no longer automatically applied
Year 2018 that repeals the Fiscal Year and then finalized on May 22, 2012 (77 to the restrictions of section 858, unless
2015 restrictions on the source of FR 30368). provided for and authorized by section
photovoltaic devices in contracts 858. Now that section 858 has been
awarded by DoD that result in DoD II. Discussion and Analysis
repealed, the following exceptions are
ownership of photovoltaic devices by A. Analysis of Statutory Requirements again applicable:
means other than DoD purchase of the • Exceptions for domestic
photovoltaic devices as end products. 1. Covered Contracts nonavailability and acquisitions in
DATES: Comments on the proposed rule Section 846 applies to contracts which the values of the photovoltaic
should be submitted in writing to the awarded by DoD, including energy devices does not exceed the micro-
address shown below on or before savings performance contracts, utility purchase threshold.
October 23, 2018, to be considered in energy service contracts, and private • Public interest determination. The
the formation of a final rule. housing contracts, to the extent that Buy American statute provides for
ADDRESSES: Submit comments such contracts result in ownership of individual or class determinations that
identified by DFARS Case 2018–D007, photovoltaic devices by DoD. Section application of the Buy American statute
using any of the following methods: 846 further provides that DoD is deemed is inconsistent with the public interest.
Æ Federal eRulemaking Portal: http:// to own a photovoltaic device if the Through public interest class
www.regulations.gov. Search for device is— determinations, DoD does not apply the
‘‘DFARS Case 2018–D007’’. Select • Installed on DoD property or in a Buy American statute to (1) qualifying
‘‘Comment Now’’ and follow the facility owned by DoD; and country end products; or (2) U.S.-made
instructions provided to submit a • Reserved for the exclusive use of end products, if the World Trade
DOD for the full economic life of the Organization Government Procurement
sradovich on DSK3GMQ082PROD with PROPOSALS
comment. Please include ‘‘DFARS Case
2018–D007’’ on any attached device. Agreement applies (i.e., the aggregate
documents. Section 858 substituted ‘‘or’’ for value of the photovoltaic devices to be
Æ Email: osd.dfars@mail.mil. Include ‘‘and’’ in connecting the two conditions. utilized is $180,000 or more). In
DFARS Case 2018–D007 in the subject Therefore, either one of the conditions implementing section 846, this
line of the message. would be sufficient to make the law determination was applied to
Æ Fax: 571–372–6094. applicable. By repealing section 858, the photovoltaic devices not acquired as
Æ Mail: Defense Acquisition law does not apply unless both of the end products. Section 858 only allowed,
Regulations System, Attn: Amy G. conditions are met. Although section on a case-by-case basis, determinations
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Document Created: 2018-08-24 04:14:27
Document Modified: 2018-08-24 04:14:27
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Kimberly Bass, telephone 571-372- 6174. | |
| FR Citation | 83 FR 42820 | |
| RIN Number | 0750-AJ45 | |
| CFR Citation | 48
CFR
204 48 CFR 212 48 CFR 252 |
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