Defense Federal Acquisition Regulation Supplement: Alleged Crimes By or Against Contractor Personnel (DFARS Case 2012-D006), 14490-14492 [2012-5759]
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14490
§ 438.201
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules
Written plan.
No later than December 31, 2012, a
written plan must be submitted to DOE
that specifies each Federal fleet’s
strategy for meeting the consumption
requirements set forth in section
438.101, including the interim
milestones provided in section 438.103.
Plans must be sent to the U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Federal Energy Management Program
(EE–2L), 1000 Independence Avenue
SW., Washington, DC 20585, or such
other address as DOE may provide by
notice in the Federal Register.
§ 438.202
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Revision.
Whenever an annual report under
section 438.104 indicates that the
Federal fleet failed to meet an interim
milestone under section 438.103, the
plan previously developed and
submitted under this subpart must be
revised and resubmitted to the DOE
Federal Energy Management Program
within 180 days of submission of the
annual report.
[FR Doc. 2012–5876 Filed 3–9–12; 8:45 am]
BILLING CODE 6450–01–P
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Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AH57
Defense Federal Acquisition
Regulation Supplement: Alleged
Crimes By or Against Contractor
Personnel (DFARS Case 2012–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
expand coverage on contractor
requirements and responsibilities
relating to alleged crimes by or against
contractor personnel.
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before May 11, 2012, to be
considered in the formation of a final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2012–D006,
using any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2012–D006’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2012–
D006.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2012–
D006’’ on your attached document.
• Email: dfars@osd.mil. Include
DFARS Case 2012–D006 in the subject
line of the message.
• Fax: 571–372–6094.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Meredith
Murphy, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
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:
Meredith Murphy, telephone 571–372–
6098.
SUMMARY:
Requisite elements.
The written plan must:
(a) Identify the specific measures that
the Federal fleet will rely upon to meet
the consumption requirements and
interim milestones, such as plans for
right-sizing the Federal fleet and
strategies for reducing vehicle miles
traveled;
(b) Quantify (in percentage and in
gasoline gallon equivalents), for each
measure set forth in the plan, the
reduction in petroleum consumption,
and the increase in alternative fuel
consumption projected to be achieved
by the measure in each FY;
(c) Specify the date by which each
measure set forth in the plan will be
implemented;
(d) Quantify the composition of the
Federal fleet by vehicle class and fuel
type, ensuring that it is correctly sized
to support mission requirements in each
FY;
(e) Specify actions to ensure that
alternative fueled vehicles are acquired
and located where the appropriate
alternative fuel is available; and
(f) Quantify (in percentage) the use of
alternative fuel by alternative fueled
vehicles and low-speed electric vehicles
in each FY.
§ 438.203
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
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I. Background
DoD is proposing to revise the DFARS
clause at 252.225–7040, Contractor
Personnel Authorized to Accompany
U.S. Armed Forces Deployed Outside
the United States, to expand coverage
on contractor requirements and
responsibilities regarding alleged crimes
by or against contractor personnel. The
expanded coverage is proposed to apply
to contingency operations, humanitarian
or peacekeeping operations, or other
military operations when the latter are
designated by the combatant
commander. These requirements
currently apply only to DoD contracts
performed in Iraq and Afghanistan.
Expanding the coverage worldwide will
provide contractors the guidance they
need to take actions if such alleged
offenses occur.
Currently, the clause at 252.225–7040
is prescribed at 225.7402–5(a). The
clause prescription requires insertion of
the clause in solicitations and contracts
that authorize contractor personnel to
accompany U.S. Armed Forces
deployed outside the United States in
(1) contingency operations; (2)
humanitarian or peacekeeping
operations; or (3) other military
operations or military exercises, when
designated by the combatant
commander. The expanded DFARS
clause will require the contractor to
provide information to contractor
personnel who perform work on a
contract in those countries about how
and where to report an alleged crime
and, for contractor personnel seeking
whistleblower protection, where to seek
assistance. The crimes referred to are
alleged offenses under the Uniform
Code of Military Justice (10 U.S.C. 47)
or the Military Extraterritorial
Jurisdiction Act (18 U.S.C. 212). The
clause also provides a list of the
appropriate investigative authorities to
which suspected offenses can be
reported, e.g., ‘‘U.S. Army Criminal
Investigations Division at https://
www.cid.army.mil/reportacrime.html,’’
and contact information for contractor
personnel seeking whistleblower
protection. This information is required
by the terms of the clause to be provided
to contractor personnel before they
begin work on a contract in a deployed
area.
II. 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
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Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
(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 a significant
regulatory action and, therefore, was
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.
III. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the requirement is only
to provide information to contractor
personnel regarding the appropriate
investigative authorities to which
suspected offenses can be reported and
contact information for contractor
personnel seeking whistleblower
protection. However, an initial
regulatory flexibility analysis has been
performed and is summarized as
follows:
The two key requirements being
proposed are for the contractor to (a)
report any alleged offenses against the
Uniform Code of Military Justice (UCMJ)
and the Military Extraterritorial
Jurisdiction Act (MEJA) to appropriate
investigative authorities and (b) give
contractor personnel who work in
covered areas information on how and
where to report an alleged UCMJ or
MEJA offense. The clause also would
provide contact information for the
three Service Criminal Investigative
Agencies and the DoD Inspector
General.
In FY 2010, DoD awarded 788
contracts for performance in Iraq and
1,051 contracts for performance in
Afghanistan. Twenty percent of these
contracts were awarded to small
businesses. As DoD exits the areas of
current contingency operations, e.g.,
Iraq and Afghanistan, the total number
of DoD contracts awarded for
performance in the subject areas is
expected to decrease by at least 50
percent. However, the proportion of
these contracts that are awarded to
small businesses is anticipated to
remain the same. Therefore, this
estimate is that there may be as many as
919 contracts awarded annually and
approximately 184 of these contracts
will be awarded to small businesses.
There are no projected reporting,
recordkeeping, or other compliance
requirements associated with the
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11:47 Mar 09, 2012
Jkt 226001
proposed rule. The rule will apply
equally to all contractors, large and
small, performing in deployed areas.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
The points of contact for reporting
criminal acts and/or seeking
whistleblower protection are listed in
the clause. Contractor compliance
requirements have been limited to
passing this clear, available information
to their personnel. No alternatives to the
rule have been identified that could
accomplish the objectives of the rule or
minimize further its economic impact
on small entities.
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 2012–D006), in
correspondence.
IV. 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 Part 252
Government procurement.
Ynette R. Shelkin
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 252 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. Section 252.225–7040 is amended
by removing the clause date ‘‘(JUN
2011)’’ and adding ‘‘(DATE)’’ in its
place and revising paragraph (d) to read
as follows:
252.225–7040 Contractor Personnel
Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
*
*
*
*
*
(d) Compliance with laws and
regulations.
(1) The Contractor shall comply with,
and shall ensure that its personnel
authorized to accompany U.S. Armed
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14491
Forces deployed outside the United
States as specified in paragraph (b)(1) of
this clause are familiar with and comply
with, all applicable—
(i) United States, host country, and
third country national laws;
(ii) Provisions of the law of war, as
well as any other applicable treaties and
international agreements;
(iii) United States regulations,
directives, instructions, policies, and
procedures; and
(iv) Orders, directives, and
instructions issued by the Combatant
Commander, including those relating to
force protection, security, health, safety,
or relations and interaction with local
nationals.
(2) The Contractor shall institute and
implement an effective program to
prevent violations of the law of war by
its employees and subcontractors,
including law of war training in
accordance with paragraph (e)(1)(vii) of
this clause.
(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 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 other sexual misconduct
may constitute offenses under the
Uniform Code of Military Justice,
Federal law, such as the Military
Extraterritorial Jurisdiction Act, or host
nation laws, and 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).
(4) The Contractor shall report to the
appropriate investigative authorities,
identified in paragraph (d)(6) of this
clause, any alleged offenses under—
(i) The Uniform Code of Military
Justice (10 U.S.C. 47) (applicable to
contractors serving with or
accompanying an armed force in the
field during a declared war or
contingency operation); or
(ii) The Military Extraterritorial
Jurisdiction Act (18 U.S.C. 212).
(5) The Contractor shall provide to all
contractor personnel who will perform
work on a contract in the deployed area,
before beginning such work,
information on the following:
(i) How and where to report an
alleged offense described in paragraph
(d)(4) of this clause.
(ii) Where to seek victim and witness
protection and assistance available to
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14492
Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
contractor personnel in connection with
an alleged offense described in
paragraph (d)(4) of this clause.
(6) The appropriate investigative
authorities to which suspected crimes
shall be reported include the following
officials:
(i) U.S. Army Criminal Investigations
Division at https://www.cid.army.mil/
reportacrime.html.
(ii) Air Force Office of Special
Investigations at https://
VerDate Mar<15>2010
11:47 Mar 09, 2012
Jkt 226001
www.osi.andrews.af.mil/library/
factsheets/factsheet.asp?id=14522.
(iii) Navy Criminal Investigative
Service at https://www.ncis.navy.mil/
Pages/publicdefault.aspx.
(iv) Any command of any supported
military element or the command of any
base.
(7) Personnel seeking whistleblower
protection from reprisals for reporting
criminal acts shall seek guidance
through the DoD Inspector General
PO 00000
Frm 00011
Fmt 4702
Sfmt 9990
hotline at 800–424–9098 or
www.dodig.mil/HOTLINE/.
Personnel seeking other forms of victim
or witness protections should contact
the nearest military law enforcement
office.
*
*
*
*
*
[FR Doc. 2012–5759 Filed 3–9–12; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Proposed Rules]
[Pages 14490-14492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5759]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AH57
Defense Federal Acquisition Regulation Supplement: Alleged Crimes
By or Against Contractor Personnel (DFARS Case 2012-D006)
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 expand coverage on contractor
requirements and responsibilities relating to alleged crimes by or
against contractor personnel.
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before May 11, 2012, to be
considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D006, using
any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``DFARS Case
2012-D006'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2012-D006.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2012-D006'' on your attached document.
Email: dfars@osd.mil. Include DFARS Case 2012-D006 in the
subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Meredith Murphy, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://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: Meredith Murphy, telephone 571-372-
6098.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS clause at 252.225-7040,
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed
Outside the United States, to expand coverage on contractor
requirements and responsibilities regarding alleged crimes by or
against contractor personnel. The expanded coverage is proposed to
apply to contingency operations, humanitarian or peacekeeping
operations, or other military operations when the latter are designated
by the combatant commander. These requirements currently apply only to
DoD contracts performed in Iraq and Afghanistan. Expanding the coverage
worldwide will provide contractors the guidance they need to take
actions if such alleged offenses occur.
Currently, the clause at 252.225-7040 is prescribed at 225.7402-
5(a). The clause prescription requires insertion of the clause in
solicitations and contracts that authorize contractor personnel to
accompany U.S. Armed Forces deployed outside the United States in (1)
contingency operations; (2) humanitarian or peacekeeping operations; or
(3) other military operations or military exercises, when designated by
the combatant commander. The expanded DFARS clause will require the
contractor to provide information to contractor personnel who perform
work on a contract in those countries about how and where to report an
alleged crime and, for contractor personnel seeking whistleblower
protection, where to seek assistance. The crimes referred to are
alleged offenses under the Uniform Code of Military Justice (10 U.S.C.
47) or the Military Extraterritorial Jurisdiction Act (18 U.S.C. 212).
The clause also provides a list of the appropriate investigative
authorities to which suspected offenses can be reported, e.g., ``U.S.
Army Criminal Investigations Division at https://www.cid.army.mil/reportacrime.html,'' and contact information for contractor personnel
seeking whistleblower protection. This information is required by the
terms of the clause to be provided to contractor personnel before they
begin work on a contract in a deployed area.
II. 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
[[Page 14491]]
(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 a
significant regulatory action and, therefore, was 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.
III. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the requirement is only to provide information to contractor
personnel regarding the appropriate investigative authorities to which
suspected offenses can be reported and contact information for
contractor personnel seeking whistleblower protection. However, an
initial regulatory flexibility analysis has been performed and is
summarized as follows:
The two key requirements being proposed are for the contractor to
(a) report any alleged offenses against the Uniform Code of Military
Justice (UCMJ) and the Military Extraterritorial Jurisdiction Act
(MEJA) to appropriate investigative authorities and (b) give contractor
personnel who work in covered areas information on how and where to
report an alleged UCMJ or MEJA offense. The clause also would provide
contact information for the three Service Criminal Investigative
Agencies and the DoD Inspector General.
In FY 2010, DoD awarded 788 contracts for performance in Iraq and
1,051 contracts for performance in Afghanistan. Twenty percent of these
contracts were awarded to small businesses. As DoD exits the areas of
current contingency operations, e.g., Iraq and Afghanistan, the total
number of DoD contracts awarded for performance in the subject areas is
expected to decrease by at least 50 percent. However, the proportion of
these contracts that are awarded to small businesses is anticipated to
remain the same. Therefore, this estimate is that there may be as many
as 919 contracts awarded annually and approximately 184 of these
contracts will be awarded to small businesses.
There are no projected reporting, recordkeeping, or other
compliance requirements associated with the proposed rule. The rule
will apply equally to all contractors, large and small, performing in
deployed areas. The rule does not duplicate, overlap, or conflict with
any other Federal rules. The points of contact for reporting criminal
acts and/or seeking whistleblower protection are listed in the clause.
Contractor compliance requirements have been limited to passing this
clear, available information to their personnel. No alternatives to the
rule have been identified that could accomplish the objectives of the
rule or minimize further its economic impact on small entities.
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 2012-D006), in
correspondence.
IV. 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 Part 252
Government procurement.
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 252 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. Section 252.225-7040 is amended by removing the clause date
``(JUN 2011)'' and adding ``(DATE)'' in its place and revising
paragraph (d) to read as follows:
252.225-7040 Contractor Personnel Authorized to Accompany U.S. Armed
Forces Deployed Outside the United States.
* * * * *
(d) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its
personnel authorized to accompany U.S. Armed Forces deployed outside
the United States as specified in paragraph (b)(1) of this clause are
familiar with and comply with, all applicable--
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable
treaties and international agreements;
(iii) United States regulations, directives, instructions,
policies, and procedures; and
(iv) Orders, directives, and instructions issued by the Combatant
Commander, including those relating to force protection, security,
health, safety, or relations and interaction with local nationals.
(2) The Contractor shall institute and implement an effective
program to prevent violations of the law of war by its employees and
subcontractors, including law of war training in accordance with
paragraph (e)(1)(vii) of this clause.
(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 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 other sexual misconduct may constitute offenses under
the Uniform Code of Military Justice, Federal law, such as the Military
Extraterritorial Jurisdiction Act, or host nation laws, and 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).
(4) The Contractor shall report to the appropriate investigative
authorities, identified in paragraph (d)(6) of this clause, any alleged
offenses under--
(i) The Uniform Code of Military Justice (10 U.S.C. 47) (applicable
to contractors serving with or accompanying an armed force in the field
during a declared war or contingency operation); or
(ii) The Military Extraterritorial Jurisdiction Act (18 U.S.C.
212).
(5) The Contractor shall provide to all contractor personnel who
will perform work on a contract in the deployed area, before beginning
such work, information on the following:
(i) How and where to report an alleged offense described in
paragraph (d)(4) of this clause.
(ii) Where to seek victim and witness protection and assistance
available to
[[Page 14492]]
contractor personnel in connection with an alleged offense described in
paragraph (d)(4) of this clause.
(6) The appropriate investigative authorities to which suspected
crimes shall be reported include the following officials:
(i) U.S. Army Criminal Investigations Division at https://www.cid.army.mil/reportacrime.html.
(ii) Air Force Office of Special Investigations at https://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522.
(iii) Navy Criminal Investigative Service at https://www.ncis.navy.mil/Pages/publicdefault.aspx.
(iv) Any command of any supported military element or the command
of any base.
(7) Personnel seeking whistleblower protection from reprisals for
reporting criminal acts shall seek guidance through the DoD Inspector
General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/.
Personnel seeking other forms of victim or witness protections should
contact the nearest military law enforcement office.
* * * * *
[FR Doc. 2012-5759 Filed 3-9-12; 8:45 am]
BILLING CODE 5001-06-P
