Defense Federal Acquisition Regulation Supplement: Antiterrorism Training Requirements for Contractors (DFARS Case 2017-D034), 42820-42822 [2018-18250]
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42820
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 212, and 252
[Docket DARS–2018–0038]
RIN 0750–AJ45
Defense Federal Acquisition
Regulation Supplement: Antiterrorism
Training Requirements for Contractors
(DFARS Case 2017–D034)
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
implement the requirement for
contractors to complete Level I
antiterrorism awareness training.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 23, 2018, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2017–D034,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2017–D034.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2017–D034’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2017–D034 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Kimberly
Bass, OUSD(A&S)DPC/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to 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: Ms.
Kimberly Bass, telephone 571–372–
6174.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
I. Background
DoD is proposing to revise the DFARS
to implement the antiterrorism training
VerDate Sep<11>2014
19:08 Aug 23, 2018
Jkt 244001
requirements for contractors provided in
DoD Instruction (DoDI) O–2000.16,
Volume 1, DoD Antiterrorism (AT)
Program Implementation: DoD AT
Standards (available at https://
www.esd.whs.mil/Directives/issuances/
dodi/). The rule will ensure contractors
are aware of the requirement for
contractor personnel, who as a
condition of contract performance
require routine physical access to a
Federally-controlled facility or military
installation, to complete Level I DoD
antiterrorism awareness training.
Routine physical access is considered
more than intermittent access, such as
when a contractor employee is required
to obtain a Common Access Card. The
training is required within 30 days of
requiring access and annually thereafter
and must be completed either through
DoD-sponsored and certified computer
or web-based distance learning
instruction, or under the instruction of
a qualified Level I antiterrorism
awareness instructor.
II. Discussion and Analysis
This rule proposes a new DFARS
subpart 204.7X, Antiterrorism
Awareness Training, to address the
requirement for covered contractors to
complete Level I antiterrorism
awareness training. The new subpart
advises contracting officers of the
training requirement, the authorized
sources of training, and when training
must be completed by contractors. This
subpart also prescribes a new DFARS
clause 252.204–7XXX, Antiterrorism
Awareness Training for Contractors, for
use in all solicitations and contracts,
including those for the acquisition of
commercial items, when contractor
personnel will require routine physical
access to a Federally-controlled facility
or military installation. The clause
advises contractors of the training
requirements, provides a reference to
additional information and guidance
available on the internet, and instructs
contractors to include the clause in all
subcontracts. Conforming changes are
made to DFARS 212.301(f)(ii) to add the
new clause to the list of contract clauses
applicable to the acquisition of
commercial items.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule proposes to create a new
clause, DFARS 252.204–7XXX,
Antiterrorism Awareness Training for
Contractors, to advise DoD contractors
of the requirement for its employees
(and those of its subcontractors, if
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Sfmt 4702
applicable) to complete Level I
antiterrorism awareness training within
30 days of requiring access and annually
thereafter, if, as a condition of contract
performance require routine physical
access to a Federally-controlled facility
or a military installation. DoD plans to
apply this clause to solicitations and
contracts below the SAT and to the
acquisition of commercial items,
including COTS items (as defined in
Federal Acquisition Regulation 2.101).
This is necessary in order to reach as
wide an audience as possible to ensure
contractor personnel who are required
to have routine physical access to a
Federally-controlled facility or military
installation are aware of this training
requirement.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Executive Order 13771
This proposed rule is not expected to
be an E.O. 13771, Reducing Regulation
and Controlling Regulatory Costs,
regulatory action, because this proposed
rule is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
This rule is not expected to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. An
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
This action is necessary to implement
the requirements of DoD Instruction O–
2000.16, Volume 1, DoD Antiterrorism
(AT) Program Implementation: DoD AT
Standards, to ensure that contractors
complete Level I antiterrorism
awareness training.
The objective of this proposed rule is
to ensure contractor personnel who, as
a condition of contract performance,
require routine physical access to a
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sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules
Federally-controlled facility or military
installation are aware of terrorism
threats and the proper responses to
threat actions. In recent years, there
have been terrorist events directed at
Federally-controlled facilities and
military installation and all personnel
that routinely access those facilities
need to be aware of the threat.
It is expected that contracts that
contain the clause at Federal
Acquisition Regulation (FAR) 52.204–9,
Personal Identity Verification of
Contractor Personnel, are contracts that
would require contractor personnel to
have routine physical access to
Federally-controlled facilities or
military installations. According to data
available in the Electronic Data Access
system, in fiscal year 2017, DoD
awarded 137,106 contracts containing
the clause at FAR 52.204–9 to 15,814
businesses, of which 10,837 (68.5
percent) were to small businesses.
Common Access Cards (CAC) are issued
to contractors who require routine
physical access to a Federally-controlled
facility or military installation. There
are currently 507,665 contractors that
hold CAC cards.
The impact is not expected to be
significant, because current contractor
employees who hold a CAC have
already completed the requisite training
and the cost of training new contractor
personnel is at the expense of the
Department. The time allotted for the
training is approximately two hours per
year. The training will provide safety
awareness and precautionary measures
that will benefit contractor personnel
requiring routine physical access to a
Federally-controlled facilities or
military installations. This awareness
not only benefits the contractor
personnel, but also DoD civilians,
military, and its assets.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2017–D034), in
correspondence.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
VerDate Sep<11>2014
19:08 Aug 23, 2018
Jkt 244001
List of Subjects in 48 CFR Parts 204,
212, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, and
252 are proposed to be amended as
follows:
■ 1. The authority citation for 48 CFR
parts 204, 212, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Add new subpart 204.7X to read as
follows:
■
Subpart 204.7X—Antiterrorism Awareness
Training
Sec.
204.7X00 Scope of subpart.
204.7X01 Definition.
204.7X02 Policy.
204.7X03 Contract clause.
Subpart 204.7X—Antiterrorism
Awareness Training
204.7X00
Scope of subpart.
This subpart provides policy and
guidance related to antiterrorism
awareness training for contractor
personnel who require routine physical
access to a Federally-controlled facility
or military installation.
204.7X01
Definition.
As used in this subpart—
Military installation means a base,
camp, post, station, yard, center, or
other activity under the jurisdiction of
the Secretary of a military department
(see 10 U.S.C. 2801(c)(4)).
204.7X02
Policy.
It is DoD policy that—
(a) Contractor personnel who, as a
condition of contract performance,
require routine physical access to a
Federally-controlled facility or military
installation are required to complete
Level I antiterrorism awareness training
within 30 days of requiring access and
annually thereafter.
(b) In accordance with Department of
Defense Instruction O–2000.16, Volume
1, DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards,
Level I antiterrorism awareness training
may be completed—
(1) Through a DoD-sponsored and
certified computer or web-based
distance learning instruction for Level I
antiterrorism awareness; or
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
42821
(2) Under the instruction of a
qualified Level I antiterrorism
awareness instructor.
204.7X03
Contract clause.
Include the clause at 252.204–7XXX,
DoD Antiterrorism Awareness Training
for Contractors, in solicitations and
contracts, including solicitations and
contracts using FAR part 12 procedures
for the acquisition of commercial items,
when contractor personnel require
routine physical access to a Federallycontrolled facility or military
installation.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 212.301, by adding
new paragraph (f)(ii)(G) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
*
*
(f) * * *
(ii) * * *
(G) Use the clause at 252.204–7XXX,
Antiterrorism Awareness Training for
Contractors, as prescribed in 204.7X03.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Add section 252.204–7XXX to read
as follows:
■
252.204–7XXX Antiterrorism Awareness
Training for Contractors.
As prescribed in 204.7X03, use the
following clause:
Level I Antiterrorism Awareness
Training for Contractors (Date)
(a) Definition. As used in this clause—
Military installation means a base, camp,
post, station, yard, center, or other activity
under the jurisdiction of the Secretary of a
military department (see 10 U.S.C.
2801(c)(4)).
(b) Training. Contractor personnel who
require routine physical access to a
Federally-controlled facility or military
installation shall complete Level I
antiterrorism awareness training within 30
days of requiring access and annually
thereafter. In accordance with Department of
Defense Instruction O–2000.16 Volume 1,
DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards, Level I
antiterrorism awareness training shall be
completed—
(1) Through a DoD-sponsored and certified
computer or web-based distance learning
instruction for Level I antiterrorism
awareness; or
(2) Under the instruction of a Level I
antiterrorism awareness instructor.
(c) Information and guidance pertaining
DoD antiterrorism awareness training is
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Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Proposed Rules
available at https://jko.jfcom.mil/ or as
otherwise identified in the performance work
statement.
(d) The Contractor shall include the
substance of this clause, including this
paragraph (d), in subcontracts, including
subcontracts for commercial items, when
subcontractor performance requires routine
physical access to a Federally-controlled
facility or military installation.
(End of clause)
[FR Doc. 2018–18250 Filed 8–23–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
SUPPLEMENTARY INFORMATION:
I. Background
48 CFR Parts 212, 225, and 252
[Docket DARS–2018–0028]
RIN 0750–AJ71
Defense Federal Acquisition
Regulation Supplement: Sunset of
Provision Relating to the Procurement
of Certain Goods (DFARS Case 2018–
D007)
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
implement a section of the National
Defense Authorization Act for Fiscal
Year 2018 that repeals the Fiscal Year
2015 restrictions on the source of
photovoltaic devices in contracts
awarded by DoD that result in DoD
ownership of photovoltaic devices by
means other than DoD purchase of the
photovoltaic devices as end products.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 23, 2018, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2018–D007,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2018–D007’’. Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2018–D007’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2018–D007 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Amy G.
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
19:08 Aug 23, 2018
Jkt 244001
Williams, OUSD(A&S)DPC/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).
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
DoD is proposing to revise the DFARS
to implement section 813(b) of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018.
Section 813(b) repeals section 858 of the
NDAA for FY 2015, effective October 1,
2018, but does not repeal section 846 of
the NDAA for FY 2011. DoD published
the final rule to implement section 858
under DFARS case 2015–D007 in the
Federal Register on November 20, 2015
(80 FR 72599).
Section 858 of the NDAA for FY 2015
did not contain specific language to
rescind or supersede section 846 of the
NDAA for FY 2011, which was first
implemented in the DFARS by an
interim rule under DFARS Case 2011–
D046, published in the Federal Register
on December 20, 2011 (76 FR 78858),
and then finalized on May 22, 2012 (77
FR 30368).
II. Discussion and Analysis
A. Analysis of Statutory Requirements
1. Covered Contracts
Section 846 applies to contracts
awarded by DoD, including energy
savings performance contracts, utility
energy service contracts, and private
housing contracts, to the extent that
such contracts result in ownership of
photovoltaic devices by DoD. Section
846 further provides that DoD is deemed
to own a photovoltaic device if the
device is—
• Installed on DoD property or in a
facility owned by DoD; and
• Reserved for the exclusive use of
DOD for the full economic life of the
device.
Section 858 substituted ‘‘or’’ for
‘‘and’’ in connecting the two conditions.
Therefore, either one of the conditions
would be sufficient to make the law
applicable. By repealing section 858, the
law does not apply unless both of the
conditions are met. Although section
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
858 explicitly restricted applicability to
the United States, that restriction is still
equivalent to the section 846
applicability, because the Buy American
statute invoked in section 846 does not
apply overseas. Land leases are not
addressed in this rule because land
leases are outside the scope of the FAR
and DFARS.
2. Requirements
Section 846 requires that, with some
exceptions, photovoltaic devices
provided under covered contracts
comply with the Buy American statute.
The Buy American statute requires, for
use inside the United States, that
manufactured articles, materials and
supplies be manufactured in the United
States, substantially all from articles,
materials, or supplies mined, produced,
or manufactured in the United States.
When section 858 was enacted, it
imposed basically the same
requirement, requiring that any
photovoltaic device installed under a
covered contract be manufactured in the
United States substantially all from
articles, materials or supplies mined,
produced, or manufactured in the
United States, but no longer referenced
the Buy American statute.
3. Exceptions
Because the requirement under
section 858 was separated from the
explicit application of the Buy
American statute, the exceptions and
waivers that apply to the Buy American
statute no longer automatically applied
to the restrictions of section 858, unless
provided for and authorized by section
858. Now that section 858 has been
repealed, the following exceptions are
again applicable:
• Exceptions for domestic
nonavailability and acquisitions in
which the values of the photovoltaic
devices does not exceed the micropurchase threshold.
• Public interest determination. The
Buy American statute provides for
individual or class determinations that
application of the Buy American statute
is inconsistent with the public interest.
Through public interest class
determinations, DoD does not apply the
Buy American statute to (1) qualifying
country end products; or (2) U.S.-made
end products, if the World Trade
Organization Government Procurement
Agreement applies (i.e., the aggregate
value of the photovoltaic devices to be
utilized is $180,000 or more). In
implementing section 846, this
determination was applied to
photovoltaic devices not acquired as
end products. Section 858 only allowed,
on a case-by-case basis, determinations
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]]>Agencies
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Proposed Rules]
[Pages 42820-42822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18250]
[[Page 42820]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, and 252
[Docket DARS-2018-0038]
RIN 0750-AJ45
Defense Federal Acquisition Regulation Supplement: Antiterrorism
Training Requirements for Contractors (DFARS Case 2017-D034)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the requirement for
contractors to complete Level I antiterrorism awareness training.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 23, 2018, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2017-D034, using
any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for ``DFARS Case 2017-D034.'' Select ``Comment Now'' and follow
the instructions provided to submit a comment. Please include ``DFARS
Case 2017-D034'' on any attached documents.
[cir] Email: [email protected]. Include DFARS Case 2017-D034 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Kimberly Bass, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to 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: Ms. Kimberly Bass, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement the antiterrorism
training requirements for contractors provided in DoD Instruction
(DoDI) O-2000.16, Volume 1, DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards (available at https://www.esd.whs.mil/Directives/issuances/dodi/). The rule will ensure contractors are aware
of the requirement for contractor personnel, who as a condition of
contract performance require routine physical access to a Federally-
controlled facility or military installation, to complete Level I DoD
antiterrorism awareness training. Routine physical access is considered
more than intermittent access, such as when a contractor employee is
required to obtain a Common Access Card. The training is required
within 30 days of requiring access and annually thereafter and must be
completed either through DoD-sponsored and certified computer or web-
based distance learning instruction, or under the instruction of a
qualified Level I antiterrorism awareness instructor.
II. Discussion and Analysis
This rule proposes a new DFARS subpart 204.7X, Antiterrorism
Awareness Training, to address the requirement for covered contractors
to complete Level I antiterrorism awareness training. The new subpart
advises contracting officers of the training requirement, the
authorized sources of training, and when training must be completed by
contractors. This subpart also prescribes a new DFARS clause 252.204-
7XXX, Antiterrorism Awareness Training for Contractors, for use in all
solicitations and contracts, including those for the acquisition of
commercial items, when contractor personnel will require routine
physical access to a Federally-controlled facility or military
installation. The clause advises contractors of the training
requirements, provides a reference to additional information and
guidance available on the internet, and instructs contractors to
include the clause in all subcontracts. Conforming changes are made to
DFARS 212.301(f)(ii) to add the new clause to the list of contract
clauses applicable to the acquisition of commercial items.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule proposes to create a new clause, DFARS 252.204-7XXX,
Antiterrorism Awareness Training for Contractors, to advise DoD
contractors of the requirement for its employees (and those of its
subcontractors, if applicable) to complete Level I antiterrorism
awareness training within 30 days of requiring access and annually
thereafter, if, as a condition of contract performance require routine
physical access to a Federally-controlled facility or a military
installation. DoD plans to apply this clause to solicitations and
contracts below the SAT and to the acquisition of commercial items,
including COTS items (as defined in Federal Acquisition Regulation
2.101). This is necessary in order to reach as wide an audience as
possible to ensure contractor personnel who are required to have
routine physical access to a Federally-controlled facility or military
installation are aware of this training requirement.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Executive Order 13771
This proposed rule is not expected to be an E.O. 13771, Reducing
Regulation and Controlling Regulatory Costs, regulatory action, because
this proposed rule is not significant under E.O. 12866.
VI. Regulatory Flexibility Act
This rule is not expected to have a significant economic impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. An initial regulatory
flexibility analysis has been performed and is summarized as follows:
This action is necessary to implement the requirements of DoD
Instruction O-2000.16, Volume 1, DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards, to ensure that contractors complete
Level I antiterrorism awareness training.
The objective of this proposed rule is to ensure contractor
personnel who, as a condition of contract performance, require routine
physical access to a
[[Page 42821]]
Federally-controlled facility or military installation are aware of
terrorism threats and the proper responses to threat actions. In recent
years, there have been terrorist events directed at Federally-
controlled facilities and military installation and all personnel that
routinely access those facilities need to be aware of the threat.
It is expected that contracts that contain the clause at Federal
Acquisition Regulation (FAR) 52.204-9, Personal Identity Verification
of Contractor Personnel, are contracts that would require contractor
personnel to have routine physical access to Federally-controlled
facilities or military installations. According to data available in
the Electronic Data Access system, in fiscal year 2017, DoD awarded
137,106 contracts containing the clause at FAR 52.204-9 to 15,814
businesses, of which 10,837 (68.5 percent) were to small businesses.
Common Access Cards (CAC) are issued to contractors who require routine
physical access to a Federally-controlled facility or military
installation. There are currently 507,665 contractors that hold CAC
cards.
The impact is not expected to be significant, because current
contractor employees who hold a CAC have already completed the
requisite training and the cost of training new contractor personnel is
at the expense of the Department. The time allotted for the training is
approximately two hours per year. The training will provide safety
awareness and precautionary measures that will benefit contractor
personnel requiring routine physical access to a Federally-controlled
facilities or military installations. This awareness not only benefits
the contractor personnel, but also DoD civilians, military, and its
assets.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2017-D034), in
correspondence.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 204, 212, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, and 252 are proposed to be
amended as follows:
0
1. The authority citation for 48 CFR parts 204, 212, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Add new subpart 204.7X to read as follows:
Subpart 204.7X--Antiterrorism Awareness Training
Sec.
204.7X00 Scope of subpart.
204.7X01 Definition.
204.7X02 Policy.
204.7X03 Contract clause.
Subpart 204.7X--Antiterrorism Awareness Training
204.7X00 Scope of subpart.
This subpart provides policy and guidance related to antiterrorism
awareness training for contractor personnel who require routine
physical access to a Federally-controlled facility or military
installation.
204.7X01 Definition.
As used in this subpart--
Military installation means a base, camp, post, station, yard,
center, or other activity under the jurisdiction of the Secretary of a
military department (see 10 U.S.C. 2801(c)(4)).
204.7X02 Policy.
It is DoD policy that--
(a) Contractor personnel who, as a condition of contract
performance, require routine physical access to a Federally-controlled
facility or military installation are required to complete Level I
antiterrorism awareness training within 30 days of requiring access and
annually thereafter.
(b) In accordance with Department of Defense Instruction O-2000.16,
Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT
Standards, Level I antiterrorism awareness training may be completed--
(1) Through a DoD-sponsored and certified computer or web-based
distance learning instruction for Level I antiterrorism awareness; or
(2) Under the instruction of a qualified Level I antiterrorism
awareness instructor.
204.7X03 Contract clause.
Include the clause at 252.204-7XXX, DoD Antiterrorism Awareness
Training for Contractors, in solicitations and contracts, including
solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial items, when contractor personnel require
routine physical access to a Federally-controlled facility or military
installation.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 212.301, by adding new paragraph (f)(ii)(G) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(f) * * *
(ii) * * *
(G) Use the clause at 252.204-7XXX, Antiterrorism Awareness
Training for Contractors, as prescribed in 204.7X03.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 252.204-7XXX to read as follows:
252.204-7XXX Antiterrorism Awareness Training for Contractors.
As prescribed in 204.7X03, use the following clause:
Level I Antiterrorism Awareness Training for Contractors (Date)
(a) Definition. As used in this clause--
Military installation means a base, camp, post, station, yard,
center, or other activity under the jurisdiction of the Secretary of
a military department (see 10 U.S.C. 2801(c)(4)).
(b) Training. Contractor personnel who require routine physical
access to a Federally-controlled facility or military installation
shall complete Level I antiterrorism awareness training within 30
days of requiring access and annually thereafter. In accordance with
Department of Defense Instruction O-2000.16 Volume 1, DoD
Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I
antiterrorism awareness training shall be completed--
(1) Through a DoD-sponsored and certified computer or web-based
distance learning instruction for Level I antiterrorism awareness;
or
(2) Under the instruction of a Level I antiterrorism awareness
instructor.
(c) Information and guidance pertaining DoD antiterrorism
awareness training is
[[Page 42822]]
available at https://jko.jfcom.mil/ or as otherwise identified in the
performance work statement.
(d) The Contractor shall include the substance of this clause,
including this paragraph (d), in subcontracts, including
subcontracts for commercial items, when subcontractor performance
requires routine physical access to a Federally-controlled facility
or military installation.
(End of clause)
[FR Doc. 2018-18250 Filed 8-23-18; 8:45 am]
BILLING CODE 5001-06-P
