Defense Federal Acquisition Regulation Supplement: Antiterrorism Training Requirements for Contractors (DFARS Case 2017-D034), 4362-4364 [2019-02525]
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record of the appeal to the best of their
knowledge and ability in accordance with
applicable contract provisions and in
accordance with law and regulation pertinent
thereto.
5. Any Judge of the Board or any examiner,
designated by the Chairman, shall be
authorized to hold hearings, examine
witnesses, and receive evidence and
argument. A Judge of the Board shall have
authority to administer oaths and issue
subpoenas as specified in the Contract
Disputes Act of 1978. In cases of contumacy
or refusal to obey a subpoena, the Chairman
may request orders of the court in the manner
prescribed in the Contract Disputes Act of
1978.
6. The Board shall have all powers
necessary and incident to the proper
performance of its duties. The Board has the
authority to issue methods of procedure and
rules and regulations for its conduct and for
the preparation and presentation of appeals
and issuance of opinions.
7. The Chairman shall be responsible for
the internal organization of the Board and for
its administration. The Chairman shall
provide within approved ceilings for the
staffing of the Board with non-Judge
personnel, including hearing examiners, as
may be required for the performance of the
functions of the Board. The Chairman shall
appoint a Recorder of the Board. All
personnel shall be responsible to and shall
function under the direction, supervision and
control of the Chairman.
8. The Board will be serviced by the
Department of the Army for administrative
support as required for its operations.
Administrative support will include
budgeting, funding, fiscal control, manpower
control and utilization, personnel
administration, security administration,
supplies, and other administrative services.
The Departments of the Army, Navy, Air
Force and the Office of the Secretary of
Defense will participate in financing the
Board’s operations on an equal basis and to
the extent determined by the Under Secretary
of Defense (Comptroller). The cost of
processing appeals for departments and
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of Defense will be reimbursed.
9. Within 30 days following the close of a
fiscal year, the Chairman shall forward a
report of the Board’s transactions and
proceedings for the preceding fiscal year to
the Under Secretary of Defense responsible
for acquisition, the General Counsel of the
Department of Defense, and the Assistant
Secretaries of the Military Departments
responsible for acquisition.
10. The Board shall have a seal bearing the
following inscription: ‘‘Armed Services
Board of Contract Appeals.’’ This seal shall
be affixed to all authentications of copies of
records and to such other instruments as the
Board may determine.
11. This revised charter is effective April
9, 2018.
APPROVED:
(signed) Ellen M. Lord (9 April 2018),
Under Secretary of Defense (Acquisition &
Sustainment).
(signed) William S. Castle,
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16:03 Feb 14, 2019
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Acting General Counsel of the Department of
Defense.
(signed) Dr. Bruce D. Jette,
Assistant Secretary of the Army (Acquisition,
Logistics & Technology).
(signed) James F. Geurts,
Assistant Secretary of the Navy (Research,
Development & Acquisition).
(signed) Dr. Will Roper,
Assistant Secretary of the Air Force
(Acquisition).
*
*
*
*
*
[FR Doc. 2019–02531 Filed 2–14–19; 8:45 am]
BILLING CODE 5001–06–P
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: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the requirement
for contractors to complete Level I
antiterrorism awareness training.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Barbara J. Trujillo, telephone 571–372–
6102.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 42820 on
August 24, 2018, 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,
who as a condition of contract
performance require routine physical
access to a Federally-controlled facility
or military installation, are aware of the
requirement for contractor personnel to
complete Level I DoD antiterrorism
awareness training. Routine physical
access is considered more than
intermittent access, such as when a
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
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.
There were no public comments
submitted in response to the proposed
rule. There are no changes made to the
final rule with regard to public
comments; however, there are some
minor editorial revisions incorporated.
The definition of ‘‘military installation’’
at DFARS 204.7201, Definitions, and the
clause at 252.204–7004, DoD
Antiterrorism Awareness Training for
Contractors, is updated to reflect more
precisely the statutory definition at 10
U.S.C. 2801(c)(4) to address activities in
a foreign country. Additionally, the
clause is updated to reflect the current
secured weblink of https://jko.jten.mil/
for information and guidance pertaining
to the DoD antiterrorism awareness
training. These minor editorial updates
are administrative and have no effect on
the public.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule creates a new DFARS clause
252.204–7004, 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 simplified
acquisition threshold and to the
procurement of commercial items,
including commercially available offthe-shelf 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.
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
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
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.
khammond on DSKBBV9HB2PROD with RULES
IV. Executive Order 13771
This final rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This final rule 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 final rule is to ensure
contractor personnel who, as a
condition of contract performance,
require routine physical access to a
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.
There were no issues raised by the
public in response to the initial
regulatory flexibility analysis provided
in the proposed rule.
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
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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 rule does not impose any
reporting or recordkeeping
requirements.
There are no known alternative
approaches that would accomplish the
stated objectives. 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.
VI. 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 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 subpart 204.72, consisting of
204.7200 through 204.7203, to read as
follows:
■
SUBPART 204.72—ANTITERRORISM
AWARENESS TRAINING
Sec.
204.7200
204.7201
204.7202
204.7203
PO 00000
Subpart 204.72—Antiterrorism
Awareness Training
204.7200
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.
204.7201
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
or, in the case of an activity in a foreign
country, under the operational control
of the Secretary of a military department
or the Secretary of Defense (see 10
U.S.C. 2801(c)(4)).
204.7202
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; and
(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.
204.7203
Contract clause.
Include the clause at 252.204–7004,
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—
a. Redesignating paragraphs (f)(ii)(A)
through (F) as paragraphs (f)(ii)(B)
through (G), respectively; and
■ b. Adding new paragraph (f)(ii)(A).
The addition reads as follows:
■
■
Scope of subpart.
Definition.
Policy.
Contract clause.
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4363
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
DEPARTMENT OF DEFENSE
*
*
*
*
*
(f) * * *
(ii) * * *
(A) Use the clause at 252.204–7004,
Antiterrorism Awareness Training for
Contractors, as prescribed in 204.7203.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
As prescribed in 204.7203, use the
following clause:
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Level I Antiterrorism Awareness Training
for Contractors (FEB 2019)
(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 or, in the case of an
activity in a foreign country, under the
operational control of the Secretary of a
military department or the Secretary of
Defense (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) Additional information. Information
and guidance pertaining to DoD antiterrorism
awareness training is available at https://
jko.jten.mil/ or as otherwise identified in the
performance work statement.
(d) Subcontracts. 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 Federallycontrolled facility or military installation.
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16:03 Feb 14, 2019
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RIN 0750–AJ83
Defense Federal Acquisition
Regulation Supplement: Amendments
Related to General Solicitations
(DFARS Case 2018–D021)
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement sections of the
National Defense Authorization Act for
Fiscal Year 2018, which expand the
definition of ‘‘competitive procedures’’
in 10 U.S.C. 2302 and extend the term
and increase the dollar value under the
contract authority for advanced
development of initial or additional
prototype units.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Heather Kitchens, telephone 571–372–
6104.
SUPPLEMENTARY INFORMATION:
SUMMARY:
252.204–7004 Antiterrorism Awareness
Training for Contractors.
BILLING CODE 5001–06–P
[Docket DARS–2018–0053]
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
4. Add section 252.204–7004 to read
as follows:
[FR Doc. 2019–02525 Filed 2–14–19; 8:45 am]
48 CFR Parts 206, 215, 234, and 235
AGENCY:
■
(End of clause)
Defense Acquisition Regulations
System
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 54698 on
October 31, 2018, to implement sections
221 and 861 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2018 (Pub. L. 115–91).
Section 221 amends 10 U.S.C.
2302(2)(B) to allow for an expanded
application of other competitive
procedures by replacing the words
‘‘basic research’’ with ‘‘science and
technology’’. ‘‘Competitive procedures’’
were defined in 10 U.S.C. 2302(2)(B) to
include ‘‘the competitive selection for
award of basic research proposals
resulting from a general solicitation, and
the peer review or scientific review (as
appropriate) of such proposals.’’
Changing the words ‘‘basic research’’ to
‘‘science and technology’’ expands the
meaning of other competitive
procedures to apply to ‘‘advanced
technology development’’ and
‘‘advanced component development and
prototypes’’ research proposals, in
addition to ‘‘basic research’’ and
‘‘applied research’’ proposals. One of
the solicitation methods for research
and development proposals, a broad
agency announcement (BAA), is defined
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
in the Federal Acquisition Regulation
(FAR) as ‘‘a general announcement of an
agency’s research interest including
criteria for selecting proposals and
soliciting the participation of all offerors
capable of satisfying the Government’s
needs.’’ Section 221 permits the use of
BAAs for competitive selection of
science and technology proposals by
authorizing the use of the competitive
procedures at 10 U.S.C. 2302(2)(B) that
result from a general solicitation and
peer or scientific review of such
proposals—a key element of the BAA
process.
Section 861 amends 10 U.S.C. 2302e
to allow for an extended term limit and
increased dollar threshold under the
contract authority for advanced
development of initial or additional
prototype units awarded from a
competitive selection, as specified in 10
U.S.C. 2302(2)(B). The statutory term
limit extends from 12 months to 2 years
and the dollar threshold increases from
$20 million to $100 million in fiscal
year 2017 constant dollars (10 U.S.C.
2302e). Section 861 also amends 10
U.S.C. 2302e to repeal the obsolete
authority implemented by section 819 of
the NDAA for FY 2010 (Pub. L. 111–84),
thereby eliminating the expiration date
of the authority.
One respondent submitted a public
comment on the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comment in
the development of the final rule. A
discussion of the comment received and
any changes made to the rule is
provided as follows:
A. Summary of Significant Changes
DoD did not make any changes to the
proposed rule as a result of the public
comment.
B. Analysis of Public Comment
Comment: The respondent
recommended the proposed rule update
213.106–1(b) to address documentation
requirements related to competition for
actions not exceeding the simplified
acquisition threshold (SAT).
Response: Since there is no DFARS
213.106–1(b) section, DoD reviewed
FAR 13.106–1(b), Soliciting
Competition, which allows contracting
officers to solicit from a single source,
for purchases not exceeding the SAT, if
the contracting officer determines that
circumstances deem only one source
reasonably available. This rule relates to
soliciting proposals using other
competitive procedures (such as a broad
agency announcement) and is not
related to solicitations of a single source
for purchases not exceeding the SAT;
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]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4362-4364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02525]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the requirement
for contractors to complete Level I antiterrorism awareness training.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara J. Trujillo, telephone
571-372-6102.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
42820 on August 24, 2018, 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, who as a
condition of contract performance require routine physical access to a
Federally-controlled facility or military installation, are aware of
the requirement for contractor personnel 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.
There were no public comments submitted in response to the proposed
rule. There are no changes made to the final rule with regard to public
comments; however, there are some minor editorial revisions
incorporated. The definition of ``military installation'' at DFARS
204.7201, Definitions, and the clause at 252.204-7004, DoD
Antiterrorism Awareness Training for Contractors, is updated to reflect
more precisely the statutory definition at 10 U.S.C. 2801(c)(4) to
address activities in a foreign country. Additionally, the clause is
updated to reflect the current secured weblink of https://jko.jten.mil/
for information and guidance pertaining to the DoD antiterrorism
awareness training. These minor editorial updates are administrative
and have no effect on the public.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule creates a new DFARS clause 252.204-7004, 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 simplified acquisition
threshold and to the procurement of commercial items, including
commercially available off-the-shelf 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.
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
[[Page 4363]]
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. Executive Order 13771
This final rule is not an E.O. 13771 regulatory action, because
this rule is not significant under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule 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 final
rule is to ensure contractor personnel who, as a condition of contract
performance, require routine physical access to a 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.
There were no issues raised by the public in response to the
initial regulatory flexibility analysis provided in the proposed rule.
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 rule does not impose any reporting or recordkeeping
requirements.
There are no known alternative approaches that would accomplish the
stated objectives. 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.
VI. 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 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 subpart 204.72, consisting of 204.7200 through 204.7203, to read
as follows:
SUBPART 204.72--ANTITERRORISM AWARENESS TRAINING
Sec.
204.7200 Scope of subpart.
204.7201 Definition.
204.7202 Policy.
204.7203 Contract clause.
Subpart 204.72--Antiterrorism Awareness Training
204.7200 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.
204.7201 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 or, in the case of an activity in a foreign
country, under the operational control of the Secretary of a military
department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
204.7202 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; and
(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.
204.7203 Contract clause.
Include the clause at 252.204-7004, 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--
0
a. Redesignating paragraphs (f)(ii)(A) through (F) as paragraphs
(f)(ii)(B) through (G), respectively; and
0
b. Adding new paragraph (f)(ii)(A).
The addition reads as follows:
[[Page 4364]]
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(f) * * *
(ii) * * *
(A) Use the clause at 252.204-7004, Antiterrorism Awareness
Training for Contractors, as prescribed in 204.7203.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 252.204-7004 to read as follows:
252.204-7004 Antiterrorism Awareness Training for Contractors.
As prescribed in 204.7203, use the following clause:
Level I Antiterrorism Awareness Training for Contractors (FEB 2019)
(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 or, in the case of an activity in a foreign
country, under the operational control of the Secretary of a
military department or the Secretary of Defense (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) Additional information. Information and guidance pertaining
to DoD antiterrorism awareness training is available at https://jko.jten.mil/ or as otherwise identified in the performance work
statement.
(d) Subcontracts. 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. 2019-02525 Filed 2-14-19; 8:45 am]
BILLING CODE 5001-06-P
