11 June 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: June 11, 1998 (Volume 63, Number 112)]
[Rules and Regulations]
[Page 31936-31937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn98-13]

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DEPARTMENT OF DEFENSE

48 CFR Parts 225 and 252

[DFARS Case 96-D016]


Defense Federal Acquisition Regulation Supplement; Antiterrorism
Training

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to add guidance pertaining to DoD antiterrorism/force protection
policy. The rule requires DoD contractors and their subcontractors to
take appropriate security precautions when performing or traveling
outside the United States.

DATES: Effective date: June 11, 1998.
    Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 10, 1998 to be
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Melissa Rider, PDUSD
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax (703) 602-0350.
    E-mail comments submitted over the Internet should be addressed to:
dfars@acq.osd.mil.
    Please cite DFARS Case 96-D016 in all correspondence related to
this issue. E-mail comments should cite DFARS Case 96-D016 in the
subject line.

FOR FURTHER INFORMATION CONTACT:
Melissa Rider, telephone (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule adds a new DFARS Subpart 225.74 and a new
contract clause at DFARS 252.225-7043 pertaining to antiterrorism/force
protection policy for DoD contracts that require performance or travel
outside the United States.

B. Regulatory Flexibility Act

    The interim 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., because the rule
only applies to contracts that require performance or travel outside
the United States, and any costs related to compliance with the rule
will be included in the contract price. Therefore, an initial
regulatory flexibility analysis has not been performed. Comments are
invited from small businesses and other interested parties. Comments
from small entities concerning the affected DFARS subpart also will be
considered in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 96-D016 in
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule
does not impose any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This DFARS
rule implements interim policy issued by the Deputy Secretary of
Defense on January 28, 1998, pertaining to antiterrorism/force
protection for defense contractors overseas. The interim policy
requires that defense contractors and subcontractors that perform or
travel outside the United States under defense contracts affiliate with
the Overseas Security Council; ensure that their employees who are U.S.
nationals register with the U.S. Embassy and that their employees who
are third country nationals comply with the requirements of the Embassy
of their nationality; provide antiterrorism/force protection awareness
training to their employees similar to that provided the military, DoD
civilians, and their families, before the employees travel overseas;
and receive the most current antiterrorism/force protection guidance
for personnel and comply with the DoD Foreign Clearance Guide, as
appropriate. This interim DFARS rule is necessary to provide prompt
implementation of the Deputy Secretary of Defense interim policy and to
ensure that employees of DoD contractors and subcontractors performing
or traveling outside the United States receive timely and up-to-date
security information that will help to ensure their physical safety.
Comments received in response to the publication of this interim rule
will be considered in the formulation of the final rule.

[[Page 31937]]

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 225 and 252 are amended as follows:
    1. The authority citation for 48 CFR Parts 225 and 252 continues to
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 225--FOREIGN ACQUISITION

    2. Subpart 225.74 is added to read as follows:

Subpart 225.74--Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States

Sec.
225.7400  Scope of subpart.
225.7401  General.
225.7402  Contract clause.

225.7400  Scope of subpart.

    This subpart pertains to antiterrorism/force protection policy for
contracts that require performance or travel outside the United States.

225.7401  General.

    Information and guidance pertaining to DoD antiterrorism/force
protection can be obtained from the following offices:
    (a) For Navy contracts: Naval Criminal Investigative Service
(NCIS), Code 24; telephone, DSN 228-9113 or commercial (202) 433-9113.
    (b) For Army contracts: HQDA (DAMO-ODL)/ODCSOP; telephone, DSN 225-
8491 or commercial (703) 695-8491.
    (c) For Marine Corps contracts: CMC Code POS-10; telephone, DSN
224-4177 or commercial (703) 614-4177.
    (d) For Air Force contracts: HQ AFSFC/SFPT; telephone, DSN 473-
0927/0928 or commercial (210) 671-0927/0928.
    (e) For Combatant Command contracts: The appropriate Antiterrorism
Force Protection Office at the Command Headquarters.
    (f) For Defense Agencies: The appropriate agency security office.
    (g) For additional information: Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, ASD (SOLIC); telephone,
DSN 255-0044 or commercial (703) 695-0044.

225.7402  Contract clause.

    Use the clause at 252.225-7043, Antiterrorism/Force Protection
Policy for Defense Contractors Outside the United States, in
solicitations and contracts 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.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.225-7043 is added to read as follows:

252.225-7043  Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States.

    As prescribed in 225.7402, use the following clause:

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE
THE UNITED STATES (JUN 1998)

    (a) Except as provided in paragraph (b) of this clause, the
Contractor and its subcontractors, if performing or traveling
outside the United States under this contract, shall--
    (1) Affiliate with the Overseas Security Advisory Council, if
the Contractor or subcontractor is a U.S. entity;
    (2) Ensure that Contractor and subcontractor personnel who are
U.S. nationals and are in-country on a non-transitory basis,
register with the U.S. Embassy, and that Contractor and
subcontractor personnel who are third country nationals comply with
any security related requirements of the Embassy of their
nationality;
    (3) Provide, to Contractor and subcontractor personnel,
antiterrorism/force protection awareness information commensurate
with that which the Department of Defense (DoD) provides to its
military and civilian personnel and their families, to the extent
such information can be made available prior to travel outside the
United States; and
    (4) Obtain and comply with the most current antiterrorism/force
protection guidance for Contractor and subcontractor personnel.
    (b) The requirements of this clause do not apply to any
subcontractor that is--
    (1) A foreign government;
    (2) A representative of a foreign government; or
    (3) A foreign corporation wholly owned by a foreign government.
    (c) Information and guidance pertaining to DoD antiterrorism/
force protection can be obtained from [Contracting Officer to insert
applicable information cited in 225.7401].

(End of clause)

[FR Doc. 98-15431 Filed 6-10-98; 8:45 am]
BILLING CODE 5000-04-M
