Defense Federal Acquisition Regulation Supplement; Definition of Sexual Assault (DFARS Case 2010-D023), 38051-38052 [2011-16396]
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Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
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: Mr.
Dustin Pitsch, telephone 703 602–0289.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) subpart 215.3,
Source Selection. It amends DFARS
215.304(c) by adding paragraph (iv) to
state that the manufacturing readiness
and manufacturing-readiness processes
of potential contractors and
subcontractors shall be considered as a
part of the source selection process for
major defense acquisition programs.
mstockstill on DSK4VPTVN1PROD with RULES
II. Executive Orders 12866 and 13563
Executive Orders 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). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is a
significant regulatory action and,
therefore, was subject to review under
Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD has performed an initial
regulatory flexibility analysis consistent
with 5 U.S.C. 603. The interim rule will
apply to DoD Major Defense Acquisition
Program contractors and subcontractors.
As such, it is not expected that this rule
will have a significant impact on a
significant number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
However, an Initial Regulatory
Flexibility Analysis has been prepared
and is summarized as follows.
This interim rule amends the DFARS
to implement section 812 of the
National Defense Authorization Act for
FY 2011 (Pub. L. 111–383) (10 U.S.C.
2430 note). Section 812(b)(5) requires
appropriate consideration of the
manufacturing readiness and
manufacturing readiness processes of
potential contractors and subcontractors
as a part of the source selection process
for major defense acquisition programs.
VerDate Mar<15>2010
16:04 Jun 28, 2011
Jkt 223001
The rule will apply to DoD Major
Defense Acquisition Program
contractors and subcontractors. Most
major defense acquisition programs are
awarded to large concerns as they are of
a scope too large for any small business
to perform. As such, it is not expected
that this rule will have a significant
impact on a significant number of small
entities.
The interim rule imposes no
reporting, recordkeeping, or other
information collection requirements.
The proposed rule does not duplicate,
overlap, or conflict with any other
Federal rules. There are no known
significant alternatives to the rule that
would meet the requirements of the
statute.
DoD invites comments from small
businesses 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.
601. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D031) in
correspondence.
IV. Paperwork Reduction Act
V. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
section 812 of the National Defense
Authorization Act for Fiscal Year 2011,
enacted on January 7, 2011. Section 812
requires implementation within 180
days, by July 6, 2011, and an interim
rule is required to meet the
implementation date. This action is
necessary in order to require contracting
officers to consider the manufacturing
readiness and manufacturing-readiness
processes of potential contractors and
subcontractors as a part of the source
selection process for major defense
acquisition programs. Comments
received in response to this interim rule
will be considered in the formation of
the final rule.
Frm 00073
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Part 215
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 215 is
amended as follows:
PART 215—CONTRACTING BY
NEGOTIATION
1. The authority citation for 48 CFR
part 215 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 215.304 by adding
paragraph (c)(iv) to read as follows:
■
215.304 Evaluation factors and significant
subfactors.
(c) * * *
(iv) In accordance with section 812 of
the National Defense Authorization Act
for Fiscal Year 2011, consider the
manufacturing readiness and
manufacturing-readiness processes of
potential contractors and subcontractors
as a part of the source selection process
for major defense acquisition programs.
[FR Doc. 2011–16319 Filed 6–28–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
The rule does not impose 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).
PO 00000
38051
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AG93
Defense Federal Acquisition
Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010–
D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
ensure contractor employees
accompanying U.S. Armed Forces are
made aware of the DoD definition of
sexual assault as defined in DoD
Directive 6495.01, Sexual Assault
Prevention and Response Program, and
that many of the offenses addressed in
the definition are covered under the
Uniform Code of Military Justice.
Further, sexual assault offenses in the
definition, which are not covered by the
Uniform Code of Military Justice, may
nevertheless have consequences to
contractor employees under DFARS
SUMMARY:
E:\FR\FM\29JNR1.SGM
29JNR1
38052
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
clause 252.225–7040, Contractor
Personnel Authorized to Accompany
U.S. Armed Forces Deployed Outside
the United States.
DATES: Effective date: June 29, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD Inspector General audit D–2010–
052, entitled ‘‘Efforts to Prevent Sexual
Assault/Harassment Involving DoD
Contractors During Contingency
Operations,’’ dated April 16, 2010,
provided recommendations for the
Under Secretary of Defense for
Acquisition, Technology, and Logistics
to develop requirements in all DoD
contracts supporting contingency
operations to ensure contractor
employees accompanying U.S. Armed
Forces are aware of the definition of
‘‘sexual assault.’’
A proposed rule was published in the
Federal Register at 75 FR 73997, on
November 30, 2010. That rule proposed
adding at DFARS 252.225–7040(d)(3) a
new requirement for compliance with
laws and regulations. The proposed
change required the contractor to ensure
that contractor employees
accompanying U.S. Armed Forces be
aware of the DoD definition of ‘‘sexual
assault’’ as defined in DoD Directive
(DoDD) 6495.01, ‘‘Sexual Assault
Prevention and Response Program.’’ The
rule also proposed to also inform
contractor employees accompanying
U.S. Armed Forces, that such offenses in
the definition are covered under the
Uniform Code of Military Justice, Title
10, Chapter 47 (https://
www.constitution.org/mil/
ucmj19970615.htm). DoDD 6495.01,
‘‘Sexual Assault Prevention and
Response Program,’’ is available at
https://www.dtic.mil/whs/directives/
corres/pdf/649501p.pdf.
II. Discussion and Analysis
mstockstill on DSK4VPTVN1PROD with RULES
A. Public Comments
Two respondents submitted positive
comments in response to the proposed
rule. These respondents supported
DoD’s inclusion of the reference to this
definition in the clause at 252.225–
7040, Contractor Personnel Authorized
to Accompany U.S. Armed Forces
Deployed Outside the United States.
B. Other Changes
DoD revised the final rule to—
—Clarify that many of the offenses
addressed in the DoDD 6495.01,
‘‘Sexual Assault Prevention and
Response Program,’’ definition of
sexual assault are covered under the
VerDate Mar<15>2010
17:40 Jun 28, 2011
Jkt 223001
Uniform Code of Military Justice with
a reference to paragraph (e)(2)(iv) of
the clause; and
—Require contractors to provide
awareness to contractor employees
that sexual assault offenses in the
definition, which are not covered by
the Uniform Code of Military Justice,
may nevertheless have consequences
to contractor employees under DFARS
clause 252.225–7040, Contractor
Personnel Authorized to Accompany
U.S. Armed Forces Deployed Outside
the United States, paragraph (h)(1).
III. Executive Orders 12866 and 13563
Executive Orders 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). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is a
significant regulatory action and,
therefore, was subject to review under
Section 6(b) of Executive Order 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 certifies that this final rule will
not have significant economic impact on
a substantial number of small entities
within the meaning for the Regulatory
Flexibility Act, 5 U.S.C. 604, et seq.,
because the rule does not impose any
additional significant requirements on
small businesses.
This DFARS rule requires contractors
to ensure their employees are aware of
the DoD definition of sexual assault
contained in DoDD 6495, Sexual Assault
Prevention and Response Program, and
how that definition relates to existing
contractual conditions, i.e., many of the
offenses addressed in the definition are
covered under the Uniform Code of
Military Justice. DFARS 252.225–
7040(e)(2)(iv) previously informed
contractors that contractor personnel
authorized to accompany U.S. Armed
Forces in the field are subject to the
jurisdiction of the Uniform Code of
Military Justice. Offenses in the
definition, which are not covered by the
Uniform Code of Military Justice, may
nevertheless have consequences to
contractor employees under DFARS
clause 252.225–7040, Contractor
Personnel Authorized to Accompany
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
U.S. Armed Forces Deployed Outside
the United States, paragraph (h)(1).
A proposed rule published in the
Federal Register at 75 FR 73997, on
November 30, 2010, invited comments
from small businesses, and other
interested parties. No comments were
received from small entities on the
affected DFARS subpart with regard to
small businesses.
V. Paperwork Reduction Act
The rule does not impose any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 chapter
35).
List of Subjects in 48 CFR Part 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 252.225–7040 by
adding paragraph (d)(3) to read as
follows:
■
252.225–7040 Contractor Personnel
Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States
*
*
*
*
*
(d) * * *
(3) The Contractor shall ensure that
contractor employees accompanying U.S.
Armed Forces are aware—
(i) Of the DoD definition of ‘‘sexual
assault’’ in DoDD 6495.01, Sexual Assault
Prevention and Response Program;
(ii) That many of the offenses addressed by
the definition are covered under the Uniform
Code of Military Justice (see paragraph
(e)(2)(iv) of this clause); and
(iii) That the offenses not covered by the
Uniform Code of Military Justice may
nevertheless have consequences to the
contractor employees (see paragraph (h)(1) of
this clause).
*
*
*
*
*
(End of clause)
[FR Doc. 2011–16396 Filed 6–28–11; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38051-38052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16396]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AG93
Defense Federal Acquisition Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to the Defense Federal Acquisition
Regulation Supplement (DFARS) to ensure contractor employees
accompanying U.S. Armed Forces are made aware of the DoD definition of
sexual assault as defined in DoD Directive 6495.01, Sexual Assault
Prevention and Response Program, and that many of the offenses
addressed in the definition are covered under the Uniform Code of
Military Justice. Further, sexual assault offenses in the definition,
which are not covered by the Uniform Code of Military Justice, may
nevertheless have consequences to contractor employees under DFARS
[[Page 38052]]
clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S.
Armed Forces Deployed Outside the United States.
DATES: Effective date: June 29, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD Inspector General audit D-2010-052, entitled ``Efforts to
Prevent Sexual Assault/Harassment Involving DoD Contractors During
Contingency Operations,'' dated April 16, 2010, provided
recommendations for the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop requirements in all DoD contracts
supporting contingency operations to ensure contractor employees
accompanying U.S. Armed Forces are aware of the definition of ``sexual
assault.''
A proposed rule was published in the Federal Register at 75 FR
73997, on November 30, 2010. That rule proposed adding at DFARS
252.225-7040(d)(3) a new requirement for compliance with laws and
regulations. The proposed change required the contractor to ensure that
contractor employees accompanying U.S. Armed Forces be aware of the DoD
definition of ``sexual assault'' as defined in DoD Directive (DoDD)
6495.01, ``Sexual Assault Prevention and Response Program.'' The rule
also proposed to also inform contractor employees accompanying U.S.
Armed Forces, that such offenses in the definition are covered under
the Uniform Code of Military Justice, Title 10, Chapter 47
(http:[sol][sol]www.constitution.org/mil/ucmj19970615.htm). DoDD
6495.01, ``Sexual Assault Prevention and Response Program,'' is
available at http:[sol][sol]www.dtic.mil/whs/directives/corres/pdf/
649501p.pdf.
II. Discussion and Analysis
A. Public Comments
Two respondents submitted positive comments in response to the
proposed rule. These respondents supported DoD's inclusion of the
reference to this definition in the clause at 252.225-7040, Contractor
Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside
the United States.
B. Other Changes
DoD revised the final rule to--
--Clarify that many of the offenses addressed in the DoDD 6495.01,
``Sexual Assault Prevention and Response Program,'' definition of
sexual assault are covered under the Uniform Code of Military Justice
with a reference to paragraph (e)(2)(iv) of the clause; and
--Require contractors to provide awareness to contractor employees that
sexual assault offenses in the definition, which are not covered by the
Uniform Code of Military Justice, may nevertheless have consequences to
contractor employees under DFARS clause 252.225-7040, Contractor
Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside
the United States, paragraph (h)(1).
III. Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is a significant regulatory action and, therefore,
was subject to review under Section 6(b) of Executive Order 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 certifies that this final rule will not have significant
economic impact on a substantial number of small entities within the
meaning for the Regulatory Flexibility Act, 5 U.S.C. 604, et seq.,
because the rule does not impose any additional significant
requirements on small businesses.
This DFARS rule requires contractors to ensure their employees are
aware of the DoD definition of sexual assault contained in DoDD 6495,
Sexual Assault Prevention and Response Program, and how that definition
relates to existing contractual conditions, i.e., many of the offenses
addressed in the definition are covered under the Uniform Code of
Military Justice. DFARS 252.225-7040(e)(2)(iv) previously informed
contractors that contractor personnel authorized to accompany U.S.
Armed Forces in the field are subject to the jurisdiction of the
Uniform Code of Military Justice. Offenses in the definition, which are
not covered by the Uniform Code of Military Justice, may nevertheless
have consequences to contractor employees under DFARS clause 252.225-
7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces
Deployed Outside the United States, paragraph (h)(1).
A proposed rule published in the Federal Register at 75 FR 73997,
on November 30, 2010, invited comments from small businesses, and other
interested parties. No comments were received from small entities on
the affected DFARS subpart with regard to small businesses.
V. Paperwork Reduction Act
The rule does not impose any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 chapter 35).
List of Subjects in 48 CFR Part 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 252.225-7040 by adding paragraph (d)(3) to read as
follows:
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States
* * * * *
(d) * * *
(3) The Contractor shall ensure that contractor employees
accompanying U.S. Armed Forces are aware--
(i) Of the DoD definition of ``sexual assault'' in DoDD 6495.01,
Sexual Assault Prevention and Response Program;
(ii) That many of the offenses addressed by the definition are
covered under the Uniform Code of Military Justice (see paragraph
(e)(2)(iv) of this clause); and
(iii) That the offenses not covered by the Uniform Code of
Military Justice may nevertheless have consequences to the
contractor employees (see paragraph (h)(1) of this clause).
* * * * *
(End of clause)
[FR Doc. 2011-16396 Filed 6-28-11; 8:45 am]
BILLING CODE 5001-08-P
