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)

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.

[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]



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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.

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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

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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

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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