Defense Federal Acquisition Regulation Supplement: Defense Contractors Outside the United States-Subpart Relocation (DFARS Case 2015-D015), 36900-36903 [2015-15667]
Download as PDF
<![CDATA[
36900
Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
16. Amend section 252.234–7004 by—
a. Revising the section heading;
b. Removing the introductory text of
the section;
■ c. Revising the Basic clause
introductory text; and
■ d. In the Alternate I introductory text,
removing ‘‘234.7101(b)(2)’’ and adding
‘‘234.7101(b) and (b)(2)’’ in its place.
The revision reads as follows:
■
■
■
252.234–7004 Cost and Software Data
Reporting System.
Basic. As prescribed in 234.7101(b)
and (b)(1), use the following clause:
*
*
*
*
*
■ 17. Amend section 252.235–7003 by—
■ a. Removing the introductory text of
the section;
■ b. Revising the Basic clause
introductory text;
■ c. In the Alternate I introductory
text—
■ i. Removing ‘‘at 235.072(b)(2)’’ and
adding ‘‘in 234.072(b) and (b)(2)’’ in its
place; and
■ ii Removing the period at the end of
the introductory text and adding a colon
in its place.
The revision reads as follows:
252.235–7003
Frequency authorization.
Basic. As prescribed in 235.072(b) and
(b)(1), use the following clause:
*
*
*
*
*
■ 18. Amend 252.237–7002 by—
■ a. Removing the introductory text of
the section;
■ b. Revising the Basic provision
introductory text; and
■ c. In the Alternate I introductory text,
removing ‘‘237.7003(a)(2)’’ and adding
‘‘237.7003(a) and (a)(2)’’ in its place.
The revision reads as follows:
tkelley on DSK3SPTVN1PROD with RULES2
252.237–7002
Award to single offeror.
Basic. As prescribed in 237.7003(a)
and (a)(1), use the following provision:
*
*
*
*
*
■ 19. Amend section 252.237–7016 by—
■ a. Removing the introductory text of
the section;
■ b. Revising the Basic clause
introductory text;
■ c. In the Alternate I introductory text,
removing ‘‘237.7101(e)(2)’’ and adding
‘‘237.7101(e) and (e)(2)’’ in its place;
and
■ d. In the Alternate II introductory text,
removing ‘‘237.7101(e)(3)’’ and adding
‘‘237.7101(e) and (e)(3)’’ in its place.
The revision reads as follows:
252.237–7016
Delivery tickets.
Basic. As prescribed in 237.7101(e)
and (e)(1), use the following clause:
*
*
*
*
*
■ 20. Amend section 252.244–7001 by—
VerDate Sep<11>2014
18:41 Jun 25, 2015
Jkt 235001
a. Removing the introductory text of
the section;
■ b. Revising the Basic clause
introductory text;
■ c. In the Alternate I introductory
text—
■ i. Removing ‘‘244.305–71(b)’’ and
adding ‘‘244.305–71 and 244.305–71(b)’’
in its place; and
■ ii. Removing the period at the end of
the introductory text and add a colon in
its place.
The revision reads as follows:
■
252.244–7001 Contractor purchasing
system administration.
Basic. As prescribed in 244.305–71
and 244.305–71(a), use the following
clause:
*
*
*
*
*
■ 21. Amend section 252.246–7001 by—
■ a. Removing the introductory text of
the section;
■ b. Revising the Basic clause
introductory text;
■ c. In the Alternate I introductory
text—
■ i. Removing ‘‘246.710(1)(ii)’’ and
adding ‘‘246.710(1) and (1)(ii)’’ in its
place; and
■ ii. Removing the period at the end of
the introductory text and adding a colon
in its place.
■ d. In the Alternate II introductory
text—
■ i. Removing ‘‘at 246.710(1)(iii)’’ and
adding ‘‘in 246.710(1) and (1)(iii)’’ in its
place; and
■ ii. Removing the period at the end of
the introductory text and adding a colon
in its place.
The revision reads as follows:
252.246–7001
Warranty of data.
Basic. As prescribed in 246.710(1) and
(1)(i), use the following clause:
*
*
*
*
*
■ 22. Amend section 252.247–7008 by—
■ a. Removing the introductory text of
the section;
■ b. Revising the Basic provision
introductory text; and
■ c. In the Alternate I introductory
text—
■ i. Removing ‘‘247.271–4(a)(2)’’ and
adding ‘‘247.271–3 and 247.271–3(a)
and (a)(2)’’ in its place; and
■ ii. Removing the period at the end of
the introductory text and adding a colon
in its place.
The revision reads as follows:
252.247–7008
Evaluation of bids.
Basic. As prescribed in 247.271–3 and
247.271–3(a) and (a)(1), use the
following provision:
*
*
*
*
*
■ 23. Amend section 252.247–7023 by—
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
a. Removing the introductory text of
the section;
■ b. Revising the Basic clause
introductory text;
■ c. In the Alternate I introductory
text—
■ i. Removing ‘‘247.574(b)(2)’’ and
adding ‘‘247.574(b) and (b)(2)’’ in its
place; and
■ ii. Removing the period at the end of
the introductory text and adding a colon
in its place.
■ d. In the Alternate II introductory
text—
■ i. Removing ‘‘247.574(b)(3)’’ and
adding ‘‘247.574(b) and (b)(3)’’ in its
place; and
■ ii. Removing the period at the end of
the introductory text and adding a colon
in its place.
The revision reads as follows:
■
252.247–7023
by sea.
Transportation of supplies
Basic. As prescribed in 247.574(b) and
(b)(1), use the following clause:
*
*
*
*
*
[FR Doc. 2015–15666 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, 225, 242, and
252
RIN 0750–AI55
Defense Federal Acquisition
Regulation Supplement: Defense
Contractors Outside the United
States—Subpart Relocation (DFARS
Case 2015–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to relocate the text of a DFARS
subpart in order to conform with the
Federal Acquisition Regulation (FAR)
and to make minor related editorial
revisions.
SUMMARY:
DATES:
Effective June 26, 2015.
Ms.
Kyoung Lee, telephone 571–372–6176.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
In order to conform the DFARS with
the FAR, this rule moves, with minor
editorial changes, the text of DFARS
subpart 225.74, Defense Contractors
E:\FR\FM\26JNR2.SGM
26JNR2
Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
Outside the United States, to DFARS
subpart 225.3, Contracts Performed
Outside the United States. In addition,
this rule revises the introductory texts of
the clauses at DFARS 252.225–7040,
Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States, and 252.225–7043,
Antiterrorism/Force Protection for
Defense Contractors Outside the United
States, to reflect the changed location of
the prescriptions for use of those
clauses, and makes a minor editorial
change to the text of each of the clauses.
This rule also revises DFARS subparts
204.8, 212.3, and 242.3 to revise
references to the DFARS text that has
been relocated from DFARS subpart
225.74 to DFARS subpart 225.3.
tkelley on DSK3SPTVN1PROD with RULES2
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule only relocates
existing text within the DFARS, makes
corresponding revisions to references
related to that text, and makes a minor
editorial change to two clauses. This
final rule is not required to be published
for public comment, because it has no
effect beyond the internal operating
procedures of DoD, and the rule has no
cost or administrative impact on
contractors or offerors.
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
VerDate Sep<11>2014
18:41 Jun 25, 2015
Jkt 235001
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
V. Paperwork Reduction Act
The rule contains 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);
however, these changes to the DFARS
do not impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0460,
entitled Synchronized Predeployment
and Operational Tracker (SPOT)
System.
List of Subjects in 48 CFR Parts 204,
212, 225, 242, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204, 212, 225,
242, and 252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204, 212, 225, 242, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
204.804
[Amended]
2. Amend section 204.804 in
paragraph (2) by removing ‘‘PGI
225.7404(e)’’ and adding ‘‘PGI
225.373(e)’’ in its place.
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
212.301
[Amended]
3. Amend section 212.301 by—
a. In paragraph (f)(x)(Y), removing
‘‘225.7402–5(a)’’ and adding ‘‘225.371–
5(a)’’ in its place; and
■ b. In paragraph (f)(x)(Z), removing
‘‘225.7403–2’’ and adding ‘‘225.372–2’’
in its place.
■
■
PART 225—FOREIGN ACQUISITION
4. Add section 225.370 to subpart
225.3 to read as follows:
■
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
36901
225.370 Contracts requiring performance
or delivery in a foreign country.
(a) If the acquisition requires the
performance of services or delivery of
supplies in an area outside the United
States, follow the procedures at PGI
225.370(a).
(b) For work performed in Germany,
eligibility for logistics support or base
privileges of contractor employees is
governed by U.S.-German bilateral
agreements. Follow the procedures at
Army in Europe Regulation 715–9,
available at https://www.eur.army.mil/
g1/content/CPD/docper/docper_
germanyLinks.html under ‘‘AE Regs &
Resources.’’
(c) For work performed in Japan or
Korea, see PGI 225.370(b) for
information on bilateral agreements and
policy relating to contractor employees
in Japan or Korea.
(d) For work performed in the U.S.
Central Command area of responsibility,
follow the procedures for theater
business clearance/contract
administration delegation instructions
at PGI 225.370(c).
■ 5. Add sections 225.371, 225.371–1,
225.371–2, 225.371–3, 225.371–4,
225.371–5 to subpart 225.3 to read as
follows:
225.371 Contractor personnel supporting
U.S. Armed Forces deployed outside the
United States.
For additional information on
contractor personnel supporting U.S.
Armed Forces, see PGI 225.371.
225.371–1
Scope.
(a) This section applies to contracts
that involve contractor personnel
supporting 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.
(b) Any of the types of operations
listed in paragraph (a) of this section
may include stability operations such
as—
(1) Establishment or maintenance of a
safe and secure environment; or
(2) Provision of emergency
infrastructure reconstruction,
humanitarian relief, or essential
governmental services (until feasible to
transition to local government).
225.371–2
Definition.
‘‘Designated operational area’’ is
defined in the clause at 252.225–7040.
See PGI 225.371–2 for additional
information on designated operational
areas.
E:\FR\FM\26JNR2.SGM
26JNR2
36902
225.371–3
Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
Government support.
(a) Government support that may be
authorized or required for contractor
personnel performing in a designated
operational area may include, but is not
limited to, the types of support listed in
PGI 225.371–3(a).
(b) The agency shall provide logistical
or security support only when the
appropriate agency official, in
accordance with agency guidance,
determines in coordination with the
combatant commander that—
(1) Such Government support is
available and is needed to ensure
continuation of essential contractor
services; and
(2) The contractor cannot obtain
adequate support from other sources at
a reasonable cost.
(c) The contracting officer shall
specify in the solicitation and contract—
(1) Valid terms, approved by the
combatant commander, that specify the
responsible party, if a party other than
the combatant commander is
responsible for providing protection to
the contractor personnel performing in
the designated operational area; and
(2) Any other Government support to
be provided, and whether this support
will be provided on a reimbursable
basis, citing the authority for the
reimbursement.
(d) Medical support of contractor
personnel. The contracting officer shall
provide direction to the contractor when
the contractor is required to reimburse
the Government for medical treatment
or transportation of contractor personnel
to a selected civilian facility in
accordance with paragraph (c)(2)(ii) of
the clause at 252.225–7040. For
additional information, see PGI
225.371–3(d).
(e) Letter of authorization. Contractor
personnel must have a Synchronized
Predeployment and Operational Tracker
(SPOT)-generated letter of authorization
(LOA) signed by the contracting officer
in order to process through a
deployment center or to travel to, from,
or within the designated operational
area. The LOA also will identify any
additional authorizations, privileges, or
Government support that the contractor
personnel are entitled to under the
contract. For additional information on
LOAs, see PGI 225.371–3(e).
tkelley on DSK3SPTVN1PROD with RULES2
225.371–4
Law of war training.
(a) Basic training. Basic law of war
training is required for all contractor
personnel supporting U.S. Armed
Forces deployed outside the United
States. The basic training normally will
be provided through a military-run
training center. The contracting officer
may authorize the use of an alternate
VerDate Sep<11>2014
18:41 Jun 25, 2015
Jkt 235001
basic training source, provided the
servicing DoD legal advisor concurs
with the course content. An example of
an alternate source of basic training is
the web-based training provided by the
Defense Acquisition University at
https://acc.dau.mil/CommunityBrowser.
aspx?id=18014&lang=en-US.
(b) Advanced law of war training. (1)
The types of personnel that must obtain
advanced law of war training include
the following:
(i) Private security contractors.
(ii) Security guards in or near areas of
military operations.
(iii) Interrogators, linguists,
interpreters, guards, report writers,
information technology technicians, or
others who will come into contact with
enemy prisoners of war, civilian
internees, retained persons, other
detainees, terrorists, or criminals who
are captured, transferred, confined, or
detained during or in the aftermath of
hostilities.
(iv) Other personnel when deemed
necessary by the contracting officer.
(2) If contractor personnel will be
required to obtain advanced law of war
training, the solicitation and contract
shall specify—
(i) The types of personnel subject to
advanced law of war training
requirements;
(ii) Whether the training will be
provided by the Government or the
contractor;
(iii) If the training will be provided by
the Government, the source of the
training; and
(iv) If the training will be provided by
the contractor, a requirement for
coordination of the content with the
servicing DoD legal advisor to ensure
that training content is commensurate
with the duties and responsibilities of
the personnel to be trained.
225.371–5
Contract clauses.
(a) Use the clause at 252.225–7040,
Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States, instead of the clause at
FAR 52.225–19, Contractor Personnel in
a Designated Operational Area or
Supporting a Diplomatic or Consular
Mission Outside the United States, in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, for performance in a
designated operational area that
authorize contractor personnel
(including both contractors authorized
to accompany the Force (CAAF) and
non-CAAF) to support U.S. Armed
Forces deployed outside the United
States in—
(1) Contingency operations;
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
(2) Humanitarian assistance
operations;
(3) Peace operations consistent with
Joint Publication 3–07.3; or
(4) Other military operations or
military exercises, when designated by
the combatant commander or as
directed by the Secretary of Defense.
(b) For additional guidance on clauses
to consider when using the clause at
252.225–7040, see PGI 225.371–5(b).
■ 6. Add sections 225.372, 225.372–1,
and 225.372–2 to subpart 225.3 to read
as follows:
225.372
Antiterrorism/force protection.
225.372–1
General.
Information and guidance pertaining
to DoD antiterrorism/force protection
policy for contracts that require
performance or travel outside the
United States can be obtained from the
offices listed in PGI 225.372–1.
225.372–2
Contract clause.
Use the clause at 252.225–7043,
Antiterrorism/Force Protection Policy
for Defense Contractors Outside the
United States, in solicitations and
contracts, including solicitations and
contracts using FAR part 12 procedures
for the acquisition of commercial items,
that require performance or travel
outside the United States, except for
contracts with—
(a) Foreign governments;
(b) Representatives of foreign
governments; or
(c) Foreign corporations wholly
owned by foreign governments.
■ 7. Add section 225.373 to subpart
225.3 to read as follows:
225.373 Contract administration in
support of contingency operations.
For additional guidance on contract
administration considerations when
supporting contingency operations, see
PGI 225.373.
■ 8. Add section 225.374 to subpart
225.3 to read as follows:
225.374
Use of electronic business tools.
See 218.272 concerning the use of
electronic business tools in support of a
contingency operation or humanitarian
or peacekeeping operation.
225.802–70
[Amended]
9. Amend section 225.802–70, by
removing ‘‘225.74, Defense Contractors
Outside the United States’’ and adding
‘‘225.3, Contracts Performed Outside the
United States’’ in its place.
■
Subpart 225.74 [Removed and
Reserved]
10. Remove and reserve subpart
225.74, consisting of sections 225.7401,
■
E:\FR\FM\26JNR2.SGM
26JNR2
Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations
(DFARS) to implement the inflation
adjustment of acquisition-related dollar
thresholds. A statute requires an
adjustment every five years of
acquisition-related thresholds for
inflation using the Consumer Price
Index for all urban consumers, except
for the Construction Wage Rate
Requirements statute (formerly DavisBacon Act), Service Contract Labor
Standards statute, and trade agreements
thresholds. DoD also used the same
methodology to adjust nonstatutory
DFARS acquisition-related thresholds.
DATES: Effective Date: October 1, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
225.7402, 225.7402–1, 225.7402–2,
225.7402–3, 225.7402–4, 225.7402–5,
225.7403, 225.7403–1, 225.7403–2,
225.7404, and 225.7405.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.302
[Amended]
11. Amend section 242.302 in
paragraph (S–72) by removing ‘‘PGI
225.7402–5(a)(iv)’’ and adding ‘‘PGI
207.105(b)(20)(C)(9)’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7040
[Amended]
SUPPLEMENTARY INFORMATION:
12. Amend section 252.225–7040 by—
a. In the introductory text, removing
‘‘225.7402–5(a)’’ and adding ‘‘225.371–
5(a)’’ in its place;
■ b. Removing the clause date ‘‘(JAN
2015)’’ and adding ‘‘(JUN 2015)’’ in its
place; and
■ c. In paragraph (b)(4), removing
‘‘authorized to accompany’’ and adding
‘‘supporting’’ in its place.
■
■
252.225–7043
[Amended]
13. Amend section 252.225–7043 by—
a. In the introductory text, removing
‘‘225.7403–2’’ and adding ‘‘225.372–2’’
in its place;
■ b. Removing the clause date ‘‘(MAR
2006)’’ and adding ‘‘(JUN 2015)’’ in its
place; and
■ c. In paragraph (d), removing ‘‘PGI
225.7403–1’’ and adding ‘‘PGI 225.372–
1’’ in its place.
■
■
[FR Doc. 2015–15667 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 203, 205, 207, 211,
212, 215, 217, 219, 225, 228, 234, 236,
237, 250, and 252
RIN 0750–AI43
Defense Federal Acquisition
Regulation Supplement: Inflation
Adjustment of Acquisition-Related
Thresholds (DFARS Case 2014–D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES2
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
SUMMARY:
VerDate Sep<11>2014
18:41 Jun 25, 2015
Jkt 235001
I. Background
This rule amends multiple DFARS
parts to further implement 41 U.S.C.
1908. Section 1908 requires an
adjustment every five years (on October
1 of each year evenly divisible by five)
of statutory acquisition-related
thresholds for inflation, using the
Consumer Price Index (CPI) for all urban
consumers, except for the Construction
Wage Rate Requirements statute (DavisBacon Act), Service Contract Labor
Standards statute, and trade agreements
thresholds (see DFARS 201.109). As a
matter of policy, DoD also uses the same
methodology to adjust nonstatutory FAR
acquisition-related thresholds.
DoD published a proposed rule in the
Federal Register at 79 FR 65912 on
November 6, 2014. The preamble to the
proposed rule contained detailed
explanation of—
• What an acquisition-related
threshold is;
• What acquisition-related thresholds
are not subject to escalation adjustment
under this case; and
• How DoD analyzes statutory and
non-statutory acquisition-related
thresholds.
No respondents submitted public
comments in response to the proposed
rule.
Although there were no changes
between the proposed rule and the final
rule as the result of public comments,
some of the thresholds in the final rule
are lower than proposed, due to lower
inflation than was projected at the time
of publication of the proposed rule. The
proposed rule was based on a projected
CPI of 245 for March 2015. The final
rule is based on an actual CPI of 236.119
for March 2015. The CPI as of the end
of March, 6 months before the effective
date of the rule, is used as the cutoff in
order to allow time for approval and
publication of the final rule.
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
36903
Because the actual CPI index for
March 2015 is about 10 points lower
than the CPI index projected for that
date at the time of the proposed rule,
thresholds of at least 10 million dollars
are generally proportionally lower than
the proposed thresholds. Thresholds of
less than $10 million are frequently
unchanged, due to rounding.
There were some baseline changes
due to other DFARS cases. For example,
there are baseline changes to subpart
217.1, and the clauses at DFARS
252.203–7004 and 252.209–7004 have
been amended since publication of the
proposed rule. DFARS 232.502–1(b)(1)
and the clause at DFARS 252.225–7006,
including the associated thresholds,
have been deleted under other DFARS
cases.
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
(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.
III. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule amends the Defense Federal
Acquisition Regulation Supplement to
implement 41 U.S.C. 1908 and to amend
other acquisition-related dollar
thresholds that are based on policy
rather than statute in order to adjust for
the changing value of the dollar. 41
U.S.C. 1908 requires adjustment every
five years of statutory acquisitionrelated dollar thresholds, except for
Construction Wage Rate Requirements
statute (Davis-Bacon Act), Service
Contract Labor Standards statute, and
trade agreements thresholds. While
reviewing all statutory acquisitionrelated thresholds, this case presented
an opportunity to also review all
nonstatutory acquisition-related
thresholds in the DFARS that are based
on policy. The objective of the case is
to maintain the status quo, by adjusting
E:\FR\FM\26JNR2.SGM
26JNR2
]]>Agencies
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36900-36903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15667]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, 225, 242, and 252
RIN 0750-AI55
Defense Federal Acquisition Regulation Supplement: Defense
Contractors Outside the United States--Subpart Relocation (DFARS Case
2015-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to relocate the text of a
DFARS subpart in order to conform with the Federal Acquisition
Regulation (FAR) and to make minor related editorial revisions.
DATES: Effective June 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372-
6176.
SUPPLEMENTARY INFORMATION:
I. Background
In order to conform the DFARS with the FAR, this rule moves, with
minor editorial changes, the text of DFARS subpart 225.74, Defense
Contractors
[[Page 36901]]
Outside the United States, to DFARS subpart 225.3, Contracts Performed
Outside the United States. In addition, this rule revises the
introductory texts of the clauses at DFARS 252.225-7040, Contractor
Personnel Supporting U.S. Armed Forces Deployed Outside the United
States, and 252.225-7043, Antiterrorism/Force Protection for Defense
Contractors Outside the United States, to reflect the changed location
of the prescriptions for use of those clauses, and makes a minor
editorial change to the text of each of the clauses. This rule also
revises DFARS subparts 204.8, 212.3, and 242.3 to revise references to
the DFARS text that has been relocated from DFARS subpart 225.74 to
DFARS subpart 225.3.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule only relocates existing text within the DFARS, makes
corresponding revisions to references related to that text, and makes a
minor editorial change to two clauses. This final rule is not required
to be published for public comment, because it has no effect beyond the
internal operating procedures of DoD, and the rule has no cost or
administrative impact on contractors or offerors.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
The rule contains 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); however, these changes to the
DFARS do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 0704-
0460, entitled Synchronized Predeployment and Operational Tracker
(SPOT) System.
List of Subjects in 48 CFR Parts 204, 212, 225, 242, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, 225, 242, and 252 are amended as
follows:
0
1. The authority citation for 48 CFR parts 204, 212, 225, 242, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.804 [Amended]
0
2. Amend section 204.804 in paragraph (2) by removing ``PGI
225.7404(e)'' and adding ``PGI 225.373(e)'' in its place.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
3. Amend section 212.301 by--
0
a. In paragraph (f)(x)(Y), removing ``225.7402-5(a)'' and adding
``225.371-5(a)'' in its place; and
0
b. In paragraph (f)(x)(Z), removing ``225.7403-2'' and adding
``225.372-2'' in its place.
PART 225--FOREIGN ACQUISITION
0
4. Add section 225.370 to subpart 225.3 to read as follows:
225.370 Contracts requiring performance or delivery in a foreign
country.
(a) If the acquisition requires the performance of services or
delivery of supplies in an area outside the United States, follow the
procedures at PGI 225.370(a).
(b) For work performed in Germany, eligibility for logistics
support or base privileges of contractor employees is governed by U.S.-
German bilateral agreements. Follow the procedures at Army in Europe
Regulation 715-9, available at https://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under ``AE Regs & Resources.''
(c) For work performed in Japan or Korea, see PGI 225.370(b) for
information on bilateral agreements and policy relating to contractor
employees in Japan or Korea.
(d) For work performed in the U.S. Central Command area of
responsibility, follow the procedures for theater business clearance/
contract administration delegation instructions at PGI 225.370(c).
0
5. Add sections 225.371, 225.371-1, 225.371-2, 225.371-3, 225.371-4,
225.371-5 to subpart 225.3 to read as follows:
225.371 Contractor personnel supporting U.S. Armed Forces deployed
outside the United States.
For additional information on contractor personnel supporting U.S.
Armed Forces, see PGI 225.371.
225.371-1 Scope.
(a) This section applies to contracts that involve contractor
personnel supporting 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.
(b) Any of the types of operations listed in paragraph (a) of this
section may include stability operations such as--
(1) Establishment or maintenance of a safe and secure environment;
or
(2) Provision of emergency infrastructure reconstruction,
humanitarian relief, or essential governmental services (until feasible
to transition to local government).
225.371-2 Definition.
``Designated operational area'' is defined in the clause at
252.225-7040. See PGI 225.371-2 for additional information on
designated operational areas.
[[Page 36902]]
225.371-3 Government support.
(a) Government support that may be authorized or required for
contractor personnel performing in a designated operational area may
include, but is not limited to, the types of support listed in PGI
225.371-3(a).
(b) The agency shall provide logistical or security support only
when the appropriate agency official, in accordance with agency
guidance, determines in coordination with the combatant commander
that--
(1) Such Government support is available and is needed to ensure
continuation of essential contractor services; and
(2) The contractor cannot obtain adequate support from other
sources at a reasonable cost.
(c) The contracting officer shall specify in the solicitation and
contract--
(1) Valid terms, approved by the combatant commander, that specify
the responsible party, if a party other than the combatant commander is
responsible for providing protection to the contractor personnel
performing in the designated operational area; and
(2) Any other Government support to be provided, and whether this
support will be provided on a reimbursable basis, citing the authority
for the reimbursement.
(d) Medical support of contractor personnel. The contracting
officer shall provide direction to the contractor when the contractor
is required to reimburse the Government for medical treatment or
transportation of contractor personnel to a selected civilian facility
in accordance with paragraph (c)(2)(ii) of the clause at 252.225-7040.
For additional information, see PGI 225.371-3(d).
(e) Letter of authorization. Contractor personnel must have a
Synchronized Predeployment and Operational Tracker (SPOT)-generated
letter of authorization (LOA) signed by the contracting officer in
order to process through a deployment center or to travel to, from, or
within the designated operational area. The LOA also will identify any
additional authorizations, privileges, or Government support that the
contractor personnel are entitled to under the contract. For additional
information on LOAs, see PGI 225.371-3(e).
225.371-4 Law of war training.
(a) Basic training. Basic law of war training is required for all
contractor personnel supporting U.S. Armed Forces deployed outside the
United States. The basic training normally will be provided through a
military-run training center. The contracting officer may authorize the
use of an alternate basic training source, provided the servicing DoD
legal advisor concurs with the course content. An example of an
alternate source of basic training is the web-based training provided
by the Defense Acquisition University at https://acc.dau.mil/CommunityBrowser.aspx?id=18014&lang=en-US.
(b) Advanced law of war training. (1) The types of personnel that
must obtain advanced law of war training include the following:
(i) Private security contractors.
(ii) Security guards in or near areas of military operations.
(iii) Interrogators, linguists, interpreters, guards, report
writers, information technology technicians, or others who will come
into contact with enemy prisoners of war, civilian internees, retained
persons, other detainees, terrorists, or criminals who are captured,
transferred, confined, or detained during or in the aftermath of
hostilities.
(iv) Other personnel when deemed necessary by the contracting
officer.
(2) If contractor personnel will be required to obtain advanced law
of war training, the solicitation and contract shall specify--
(i) The types of personnel subject to advanced law of war training
requirements;
(ii) Whether the training will be provided by the Government or the
contractor;
(iii) If the training will be provided by the Government, the
source of the training; and
(iv) If the training will be provided by the contractor, a
requirement for coordination of the content with the servicing DoD
legal advisor to ensure that training content is commensurate with the
duties and responsibilities of the personnel to be trained.
225.371-5 Contract clauses.
(a) Use the clause at 252.225-7040, Contractor Personnel Supporting
U.S. Armed Forces Deployed Outside the United States, instead of the
clause at FAR 52.225-19, Contractor Personnel in a Designated
Operational Area or Supporting a Diplomatic or Consular Mission Outside
the United States, in solicitations and contracts, including
solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial items, for performance in a designated
operational area that authorize contractor personnel (including both
contractors authorized to accompany the Force (CAAF) and non-CAAF) to
support U.S. Armed Forces deployed outside the United States in--
(1) Contingency operations;
(2) Humanitarian assistance operations;
(3) Peace operations consistent with Joint Publication 3-07.3; or
(4) Other military operations or military exercises, when
designated by the combatant commander or as directed by the Secretary
of Defense.
(b) For additional guidance on clauses to consider when using the
clause at 252.225-7040, see PGI 225.371-5(b).
0
6. Add sections 225.372, 225.372-1, and 225.372-2 to subpart 225.3 to
read as follows:
225.372 Antiterrorism/force protection.
225.372-1 General.
Information and guidance pertaining to DoD antiterrorism/force
protection policy for contracts that require performance or travel
outside the United States can be obtained from the offices listed in
PGI 225.372-1.
225.372-2 Contract clause.
Use the clause at 252.225-7043, Antiterrorism/Force Protection
Policy for Defense Contractors Outside the United States, in
solicitations and contracts, including solicitations and contracts
using FAR part 12 procedures for the acquisition of commercial items,
that require performance or travel outside the United States, except
for contracts with--
(a) Foreign governments;
(b) Representatives of foreign governments; or
(c) Foreign corporations wholly owned by foreign governments.
0
7. Add section 225.373 to subpart 225.3 to read as follows:
225.373 Contract administration in support of contingency operations.
For additional guidance on contract administration considerations
when supporting contingency operations, see PGI 225.373.
0
8. Add section 225.374 to subpart 225.3 to read as follows:
225.374 Use of electronic business tools.
See 218.272 concerning the use of electronic business tools in
support of a contingency operation or humanitarian or peacekeeping
operation.
225.802-70 [Amended]
0
9. Amend section 225.802-70, by removing ``225.74, Defense Contractors
Outside the United States'' and adding ``225.3, Contracts Performed
Outside the United States'' in its place.
Subpart 225.74 [Removed and Reserved]
0
10. Remove and reserve subpart 225.74, consisting of sections 225.7401,
[[Page 36903]]
225.7402, 225.7402-1, 225.7402-2, 225.7402-3, 225.7402-4, 225.7402-5,
225.7403, 225.7403-1, 225.7403-2, 225.7404, and 225.7405.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.302 [Amended]
0
11. Amend section 242.302 in paragraph (S-72) by removing ``PGI
225.7402-5(a)(iv)'' and adding ``PGI 207.105(b)(20)(C)(9)'' in its
place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7040 [Amended]
0
12. Amend section 252.225-7040 by--
0
a. In the introductory text, removing ``225.7402-5(a)'' and adding
``225.371-5(a)'' in its place;
0
b. Removing the clause date ``(JAN 2015)'' and adding ``(JUN 2015)'' in
its place; and
0
c. In paragraph (b)(4), removing ``authorized to accompany'' and adding
``supporting'' in its place.
252.225-7043 [Amended]
0
13. Amend section 252.225-7043 by--
0
a. In the introductory text, removing ``225.7403-2'' and adding
``225.372-2'' in its place;
0
b. Removing the clause date ``(MAR 2006)'' and adding ``(JUN 2015)'' in
its place; and
0
c. In paragraph (d), removing ``PGI 225.7403-1'' and adding ``PGI
225.372-1'' in its place.
[FR Doc. 2015-15667 Filed 6-25-15; 8:45 am]
BILLING CODE 5001-06-P
