Defense Federal Acquisition Regulation Supplement: Defense Contractors Performing Private Security Functions (DFARS Case 2014-D008), 35713-35715 [2014-14594]
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules
Water Act’’ published on April 21, 2014
(79 FR 22188). The agencies are
extending the comment period in
response to stakeholder requests for an
extension.
DATES: Comments must be received on
or before October 20, 2014. The
comment period was originally
scheduled to end on July 21, 2014.
ADDRESSES: Submit your comments,
identified by Docket identification (ID)
No. EPA–HQ–OW–2011–0880, by one of
the following methods:
• Federal eRulemaking Portal: https://
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• Email: ow-docket@epa.gov.
• Mail: Water Docket, Environmental
Protection Agency, Mail Code 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460. Attention:
Docket ID No. EPA–HQ–OW–2011–
0880.
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Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2011–
0880. The EPA’s policy is that all
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may be made available online at https://
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Donna Downing, Office of Water (4502–
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number 202–566–2428; email address:
CWAwaters@epa.gov. Ms. Stacey Jensen,
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FOR FURTHER INFORMATION CONTACT:
Dated: June 13, 2014.
Nancy K. Stoner,
Acting Assistant Administrator for Water,
Environmental Protection Agency.
Dated: June 16, 2014.
Jo-Ellen Darcy,
Assistant Secretary of the Army (Civil Works),
Department of the Army.
[FR Doc. 2014–14674 Filed 6–23–14; 8:45 am]
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35713
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
RIN 0750–AI31
Defense Federal Acquisition
Regulation Supplement: Defense
Contractors Performing Private
Security Functions (DFARS Case
2014–D008)
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
address DoD-unique requirements for
defense contractors performing private
security functions outside the United
States.
SUMMARY:
Comment date: Comments on the
proposed rule should be submitted in
writing to the address shown below on
or before August 25, 2014, to be
considered in the formation of a final
rule.
DATES:
Submit comments
identified by DFARS Case 2014–D008,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2012–D008’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D008.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D008’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D008 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
Hawes, OUSD(AT&L)DPAP/DARS,
Room 3B941, 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).
ADDRESSES:
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35714
Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules
Ms.
Jennifer Hawes, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6115.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
I. Background
DoD is proposing to amend the
DFARS to prescribe a clause for use in
solicitations and contracts, including
solicitations and contracts for the
acquisition of commercial items, when
defense contractors are performing
private security functions outside the
United States.
DoD Instruction 3020.50, Private
Security Contractors, was originally
published on July 22, 2009, pursuant to
section 862 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2008, as amended by section
853 of the NDAA for FY 2009. Change
1 of the Instruction was published on
August 1, 2011, and reflects additional
requirements levied under section 832
of the NDAA for FY 2008. DoD
requirements encompass requirements
set forth in 32 CFR 159, however they
are broader than requirements set forth
in FAR 25.302–3, and its implementing
clause, 52.225–26, Contractors
Performing Private Security Functions
Outside the United States. This
proposed rule will address these
broader requirements by ensuring
coverage in—
• Contingency operations;
• Combat operations, as designated
by the Secretary of Defense;
• Other significant military
operations, as designated by the
Secretary of Defense, and only upon
agreement of the Secretary of Defense
and the Secretary of State;
• Humanitarian or peace operations;
and
• Other military operations or
military exercises, when designated by
the Combatant Commander.
This rule provides DoD-unique
requirements for implementation and
supplementation of the FAR
requirements, i.e., use of the
Synchronized Predeployment and
Operational Tracker (SPOT) System and
compliance with ANSI/ASIS PSC.1–
2012, American National Standard,
Management System for Quality of
Private Security Operations—
Requirements with Guidance.
II. Discussion and Analysis
The proposed rule would add a new
section, DFARS 225.302, titled
‘‘Contractors performing private security
functions outside the United States,’’
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which provides a definition for ‘‘peace
operation’’ and adds a prescription for
the new proposed clause. This clause is
also added to the list at DFARS 212.301
of clauses and provisions for the
acquisition of commercial items.
The new proposed clause DFARS
252.225–7039, Defense Contractors
Performing Private Security Functions,
requires contractors to—
• Register in the Synchronized
Predeployment and Operational Tracker
(SPOT) system all weapons, armored
vehicles, helicopters, and other vehicles
used or operated by personnel
performing private security functions;
and
• Comply with ANSI/ASIS PSC.1–
2012, American National Standard,
Management System for Quality of
Private Security Operations—
Requirements with Guidance.
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 this 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.
However, DoD has prepared an Initial
Regulatory Flexibility Analysis, which
is summarized as follows:
The reason for this proposed rule is to
address DoD-unique requirements
relating to the implementation of the
requirements at FAR 52.225–26,
Contractors Performing Private Security
Functions Outside the United States.
FAR 52.225–26 implements section 862
of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2009
(Pub. L. 110–181 and sections 831 and
832 of the NDAA for FY 2011 (Pub. L.
111–383), and the MOU signed by DoD,
State, and USAID. This rule provides
DoD-unique requirements for
implementation and supplementation of
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the FAR requirements, i.e., use of the
Synchronized Predeployment and
Operational Tracker (SPOT) System and
compliance with ANSI/ASIS PSC.1–
2012, American National Standard,
Management System for Quality of
Private Security Operations—
Requirements with Guidance.
In FY 2010, DoD awarded 1,051
contracts for performance in
Afghanistan. Of those actions, 231
contracts were awarded to small
business firms. It is not known how
many of those contracts involved the
requirements for contractor personnel to
perform private security functions. As
DoD personnel exit these areas, the total
number of contracts will decrease.
The impact on small business firms
will be minor because these are not new
requirements. The requirement to enter
data on weapons, armored vehicles,
helicopters, and other military vehicles
into SPOT was in the DFARS until the
registration requirement was
transitioned into the FAR in July 2013
(but without specifying use of SPOT).
This new DFARS clause specifies that
the system to use is SPOT. The DFARS
Procedures, Guidance, and Information
(PGI) had already provided in a
checklist at 225.7401 that contracting
officers shall incorporate and require
compliance with the standard ANSI/
ASIS PSC.1–2012 if the acquisition
requires performance of private security
functions.
This rule does not add new reporting,
recordkeeping, or other compliance
requirements.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
DoD has not identified any
alternatives that would lessen the
already minimal burden on small
entities and still meet the objectives of
the rule.
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 the 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 2014–D008), in
correspondence.
V. Paperwork Reduction Act
The information collection
requirements in this rule that require
the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35) are already covered by OMB
Clearance Number 0704–0460,
Synchronized Predeployment and
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Proposed Rules
Operational Tracker (SPOT) System,
which is approved through August 31,
2016, for 150,000 burden hours.
List of Subjects in 48 CFR Parts 212,
225, and 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 225, and
252 are proposed to be amended as
follows:
■ 1. The authority citation for parts 212,
225, and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
4. Add section 252.225–7039 to read
as follows:
2. In section 212.301, redesignate
paragraphs (f)(xlv) through (lxx) as
paragraphs (f)(xlvi) through (lxxi) and
add a new paragraph (f)(xlv) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xlv) Use the clause at 252.225–7039,
Defense Contractors Performing Private
Security Functions Outside the United
States, as prescribed in 225.302–6, to
comply with section 2 of Pub. L. 110–
181, as amended.
*
*
*
*
*
PART 225—FOREIGN ACQUISITION
3. Add sections 225.302, 225.302–2,
and 225.302–6 to subpart 225.3 to read
as follows:
■
225.302 Contractors performing private
security functions outside the United
States.
Definitions.
Peace operation, as used in this
section, means a military mission to
contain conflict, redress the peace, and
shape the environment to support
reconciliation and rebuilding and
facilitate the transition to legitimate
governance.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
225.302–6
Contract clause.
Use the clause at 252.225–7039,
Defense Contractors Performing Private
Security Functions Outside the United
States, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, when
private security functions are to be
performed outside the United States
in—
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
225.302–2
(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, and only upon agreement of
the Secretary of Defense and the
Secretary of State;
(4) Humanitarian or peace operations;
or
(5) Other military operations or
military exercises, when designated by
the Combatant Commander.
252.225–7039 Defense Contractors
Performing Private Security Functions
Outside the United States.
As prescribed in 225.302–6, insert the
following clause:
DEFENSE CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS
OUTSIDE THE UNITED STATES (DATE)
(a) Definition. Peace operation, as used in
this clause, means a military mission to
contain conflict, redress the peace, and shape
the environment to support reconciliation
and rebuilding and facilitate the transition to
legitimate governance.
(b) Requirements. The Contractor shall—
(1) Register in the Synchronized
Predeployment and Operational Tracker
(SPOT)—
(i) Weapons to be carried by or available
to be used by personnel performing private
security functions; and
(ii) Armored vehicles, helicopters, and
other vehicles operated by personnel
performing private security functions; and
(2) Comply with ANSI/ASIS PSC.1–2012,
American National Standard, Management
System for Quality of Private Security
Company Operations—Requirements with
Guidance (located at www.acq.osd.mil/log/
PS/p_vault/item_1997-PSC_1_STD.PDF).
(c) Subcontracts. The Contractor shall
include the substance of this clause,
including paragraph (b) of this clause, in
subcontracts, including subcontracts for
commercial items, when private security
functions will be performed outside the
United States in areas 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) Humanitarian or peace operations; or
(5) Other military operations or military
exercises, when designated by the Combatant
Commander.
(End of clause)
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 229 and 252
RIN 0750–AI26
Defense Federal Acquisition
Regulation Supplement: Taxes—
Foreign Contracts in Afghanistan
(DFARS Case 2014–D003)
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
notify contractors of requirements
relating to Afghan taxes.
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before August 25, 2014, to be
considered in the formation of a final
rule.
SUMMARY:
Submit comments
identified by DFARS Case 2014–D003,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D003’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D003.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D003’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D003 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
Hawes, OUSD(AT&L)DPAP/DARS,
Room 3B941, 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 https://
www.regulations.gov, approximately
two to three days after submission to
verify posting (except allow 30 days for
posting of comments submitted by
mail).
ADDRESSES:
Ms.
Jennifer Hawes, telephone 571–372–
6115.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2014–14594 Filed 6–23–14; 8:45 am]
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]]>Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Proposed Rules]
[Pages 35713-35715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 225, and 252
RIN 0750-AI31
Defense Federal Acquisition Regulation Supplement: Defense
Contractors Performing Private Security Functions (DFARS Case 2014-
D008)
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 address DoD-unique requirements for
defense contractors performing private security functions outside the
United States.
DATES: Comment date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before August 25, 2014, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2014-D008, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D008''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2014-D008.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2014-D008'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2014-D008 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Jennifer Hawes, OUSD(AT&L)DPAP/DARS, Room 3B941, 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).
[[Page 35714]]
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend the DFARS to prescribe a clause for use
in solicitations and contracts, including solicitations and contracts
for the acquisition of commercial items, when defense contractors are
performing private security functions outside the United States.
DoD Instruction 3020.50, Private Security Contractors, was
originally published on July 22, 2009, pursuant to section 862 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008, as
amended by section 853 of the NDAA for FY 2009. Change 1 of the
Instruction was published on August 1, 2011, and reflects additional
requirements levied under section 832 of the NDAA for FY 2008. DoD
requirements encompass requirements set forth in 32 CFR 159, however
they are broader than requirements set forth in FAR 25.302-3, and its
implementing clause, 52.225-26, Contractors Performing Private Security
Functions Outside the United States. This proposed rule will address
these broader requirements by ensuring coverage in--
Contingency operations;
Combat operations, as designated by the Secretary of
Defense;
Other significant military operations, as designated by
the Secretary of Defense, and only upon agreement of the Secretary of
Defense and the Secretary of State;
Humanitarian or peace operations; and
Other military operations or military exercises, when
designated by the Combatant Commander.
This rule provides DoD-unique requirements for implementation and
supplementation of the FAR requirements, i.e., use of the Synchronized
Predeployment and Operational Tracker (SPOT) System and compliance with
ANSI/ASIS PSC.1-2012, American National Standard, Management System for
Quality of Private Security Operations--Requirements with Guidance.
II. Discussion and Analysis
The proposed rule would add a new section, DFARS 225.302, titled
``Contractors performing private security functions outside the United
States,'' which provides a definition for ``peace operation'' and adds
a prescription for the new proposed clause. This clause is also added
to the list at DFARS 212.301 of clauses and provisions for the
acquisition of commercial items.
The new proposed clause DFARS 252.225-7039, Defense Contractors
Performing Private Security Functions, requires contractors to--
Register in the Synchronized Predeployment and Operational
Tracker (SPOT) system all weapons, armored vehicles, helicopters, and
other vehicles used or operated by personnel performing private
security functions; and
Comply with ANSI/ASIS PSC.1-2012, American National
Standard, Management System for Quality of Private Security
Operations--Requirements with Guidance.
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 this 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. However, DoD has
prepared an Initial Regulatory Flexibility Analysis, which is
summarized as follows:
The reason for this proposed rule is to address DoD-unique
requirements relating to the implementation of the requirements at FAR
52.225-26, Contractors Performing Private Security Functions Outside
the United States. FAR 52.225-26 implements section 862 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 (Pub. L.
110-181 and sections 831 and 832 of the NDAA for FY 2011 (Pub. L. 111-
383), and the MOU signed by DoD, State, and USAID. This rule provides
DoD-unique requirements for implementation and supplementation of the
FAR requirements, i.e., use of the Synchronized Predeployment and
Operational Tracker (SPOT) System and compliance with ANSI/ASIS PSC.1-
2012, American National Standard, Management System for Quality of
Private Security Operations--Requirements with Guidance.
In FY 2010, DoD awarded 1,051 contracts for performance in
Afghanistan. Of those actions, 231 contracts were awarded to small
business firms. It is not known how many of those contracts involved
the requirements for contractor personnel to perform private security
functions. As DoD personnel exit these areas, the total number of
contracts will decrease.
The impact on small business firms will be minor because these are
not new requirements. The requirement to enter data on weapons, armored
vehicles, helicopters, and other military vehicles into SPOT was in the
DFARS until the registration requirement was transitioned into the FAR
in July 2013 (but without specifying use of SPOT). This new DFARS
clause specifies that the system to use is SPOT. The DFARS Procedures,
Guidance, and Information (PGI) had already provided in a checklist at
225.7401 that contracting officers shall incorporate and require
compliance with the standard ANSI/ASIS PSC.1-2012 if the acquisition
requires performance of private security functions.
This rule does not add new reporting, recordkeeping, or other
compliance requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
DoD has not identified any alternatives that would lessen the
already minimal burden on small entities and still meet the objectives
of the rule.
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 the 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 2014-D008), in
correspondence.
V. Paperwork Reduction Act
The information collection requirements in this rule that require
the approval of the Office of Management and Budget under the Paperwork
Reduction Act (44 U.S.C. chapter 35) are already covered by OMB
Clearance Number 0704-0460, Synchronized Predeployment and
[[Page 35715]]
Operational Tracker (SPOT) System, which is approved through August 31,
2016, for 150,000 burden hours.
List of Subjects in 48 CFR Parts 212, 225, and 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 225, and 252 are proposed to be
amended as follows:
0
1. The authority citation for parts 212, 225, and 252 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. In section 212.301, redesignate paragraphs (f)(xlv) through (lxx) as
paragraphs (f)(xlvi) through (lxxi) and add a new paragraph (f)(xlv) to
read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xlv) Use the clause at 252.225-7039, Defense Contractors
Performing Private Security Functions Outside the United States, as
prescribed in 225.302-6, to comply with section 2 of Pub. L. 110-181,
as amended.
* * * * *
PART 225--FOREIGN ACQUISITION
0
3. Add sections 225.302, 225.302-2, and 225.302-6 to subpart 225.3 to
read as follows:
225.302 Contractors performing private security functions outside the
United States.
225.302-2 Definitions.
Peace operation, as used in this section, means a military mission
to contain conflict, redress the peace, and shape the environment to
support reconciliation and rebuilding and facilitate the transition to
legitimate governance.
225.302-6 Contract clause.
Use the clause at 252.225-7039, Defense Contractors Performing
Private Security Functions Outside the United States, in solicitations
and contracts, including solicitations and contracts using FAR part 12
procedures for the acquisition of commercial items, when private
security functions are to be performed outside the United States in--
(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, and only upon
agreement of the Secretary of Defense and the Secretary of State;
(4) Humanitarian or peace operations; or
(5) Other military operations or military exercises, when
designated by the Combatant Commander.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 252.225-7039 to read as follows:
252.225-7039 Defense Contractors Performing Private Security Functions
Outside the United States.
As prescribed in 225.302-6, insert the following clause:
DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE
UNITED STATES (DATE)
(a) Definition. Peace operation, as used in this clause, means a
military mission to contain conflict, redress the peace, and shape
the environment to support reconciliation and rebuilding and
facilitate the transition to legitimate governance.
(b) Requirements. The Contractor shall--
(1) Register in the Synchronized Predeployment and Operational
Tracker (SPOT)--
(i) Weapons to be carried by or available to be used by
personnel performing private security functions; and
(ii) Armored vehicles, helicopters, and other vehicles operated
by personnel performing private security functions; and
(2) Comply with ANSI/ASIS PSC.1-2012, American National
Standard, Management System for Quality of Private Security Company
Operations--Requirements with Guidance (located at www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF).
(c) Subcontracts. The Contractor shall include the substance of
this clause, including paragraph (b) of this clause, in
subcontracts, including subcontracts for commercial items, when
private security functions will be performed outside the United
States in areas 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) Humanitarian or peace operations; or
(5) Other military operations or military exercises, when
designated by the Combatant Commander.
(End of clause)
[FR Doc. 2014-14594 Filed 6-23-14; 8:45 am]
BILLING CODE 5001-06-P
