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[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Proposed Rules]
[Pages 4850-4852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01437]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AI45

Defense Federal Acquisition Regulation Supplement: Contractor 
Personnel Supporting U.S. Armed Forces Deployed Outside the United 
States (DFARS Case 2014-D023)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update the clause entitled 
``Contractor Personnel Supporting U.S. Armed Forces Deployed Outside 
the United States.''

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 30, 2015, to be considered 
in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2014-D023, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2014-D023'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2014-D023.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2014-D023'' on your attached document.
    [cir] Email: osd.dfars@mail.mil. Include DFARS Case 2014-D023 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Jennifer Hawes, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://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: Jennifer Hawes, telephone 571-372-
6115.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend the DFARS to make the following updates 
to the clause at 252.225-7040, Contractor Personnel Supporting U.S. 
Armed Forces Deployed Outside the United States, to--
     Remove ``humanitarian assistance operations'' at 
paragraphs (b)(1)(ii) and (q)(2), because humanitarian assistance 
operations are a subset of peace operations already referenced at 
(b)(1)(iii) and (q)(3);
     Clarify at paragraph (d)(3) that both contractors 
authorized to accompany the Force (CAAF) and non-CAAF personnel must be 
made aware of information related to sexual assault offenses by adding 
``and non-CAAF'';
     Add subparagraph (d)(5)(iii) to clarify that the section 
on reporting alleged crimes does not create any rights or privileges 
that are not authorized by law or DoD policy;
     Change the form at subparagraph (e)(1)(ii)(C)(3) from the 
``Public Health Service Form 791, International Certificate of 
Vaccination'' to the ``U.S. Centers for Disease Control and Prevention 
(CDC) Form 731, International Certificate of Vaccination or Prophylaxis 
as Approved by the World Health Organization'';
     Change the reference at paragraph (e)(1)(iv) from ``DoD 
Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, 
DoD Foreign Clearance Guide'' to ``DoD Directive 4500.54E, DoD Foreign 
Clearance Program'';
     Change the hyperlink for the Synchronized Predeployment 
and

[[Page 4851]]

Operational Tracker (SPOT) web-based system at subparagraph (g)(2) from 
``https://spot.altess.army.mil/privacy.aspx'' to ``https://spot.dmdc.mil/'';
     Add the title of DoD Instruction 3020.41, Operational 
Contractor Support, at subparagraph (j)(1); and
     Make an editorial correction in paragraph (j)(2), by 
removing the hyphen in the phrase ``will notify''.
    In addition, the rule removes ``humanitarian assistance 
operations'' from the clause prescription at 225.7402-5(a)(2), because 
it is a subset of peace operations already referenced at 225.7402-
5(a)(3).

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 a significant regulatory action and, therefore, was 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

    DoD does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule merely provides updates to references and links 
currently included DFARS clause 252.225-7040, Contractor Personnel 
Supporting U.S. Armed Forces Deployed Outside the United States. 
However, an initial regulatory flexibility analysis has been performed 
and is summarized as follows:
    The objective of this rule is to accomplish the following 
clarifications and updates to the clause at DFARS 252.225-7040--
     Remove ``humanitarian assistance operations'' at 
paragraphs (b)(1)(ii) and (q)(2), because humanitarian assistance 
operations are a subset of peace operations already referenced at 
(b)(1)(iii) and (q)(3);
     Clarify at paragraph (d)(3) that both contractors 
authorized to accompany the Force (CAAF) and non-CAAF personnel must be 
made aware of information related to sexual assault offenses by adding 
``and non-CAAF'';
     Add subparagraph (d)(5)(iii) to clarify that the section 
on reporting alleged crimes does not create any rights or privileges 
that are not authorized by law or DoD policy;
     Change the form at subparagraph (e)(1)(ii)(C)(3) from the 
``Public Health Service Form 791, International Certificate of 
Vaccination'' to the ``U.S. Centers for Disease Control and Prevention 
(CDC) Form 731, International Certificate of Vaccination or Prophylaxis 
as Approved by the World Health Organization'';
     Change the reference at paragraph (e)(1)(iv) from ``DoD 
Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, 
DoD Foreign Clearance Guide'' to ``DoD Directive 4500.54E, DoD Foreign 
Clearance Program'';
     Change the hyperlink for the Synchronized Predeployment 
and Operational Tracker (SPOT) web-based system at subparagraph (g)(2) 
from ``https://spot.altess.army.mil/privacy.aspx'' to ``https://spot.dmdc.mil/'';
     Add the title of DoD Instruction 3020.41, Operational 
Contractor Support, at subparagraph (j)(1); and
     Make an editorial correction in paragraph (j)(2), by 
removing the hyphen in the phrase ``will notify''.
    In addition, the rule removes ``humanitarian assistance 
operations'' from the clause prescription at 225.7402-5(a)(2), because 
it is a subset of peace operations already referenced at 225.7402-
5(a)(3).
    According to the Federal Procurement Data System, DoD awarded 506 
contracts in Fiscal Year 2013 requiring performance overseas in support 
of contingency, humanitarian or peace operations. Of the 506 contracts, 
only 76 contracts (15%) were awarded to small businesses. At this time, 
there is no way of estimating how many contracts may be awarded 
requiring performance outside the United States in support of other 
military operations or exercises, when designated by the Combatant 
Commander; however, the number of small businesses awarded such 
contracts is expected to be minimal.
    The rule does not impose any additional reporting, recordkeeping, 
and other compliance requirements. The rule does not duplicate, 
overlap, or conflict with any other Federal rules. There are no known 
significant alternatives to the rule. The impact of this rule on small 
business is not expected to be significant.
    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 2014-D023), in 
correspondence.

IV. 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 225 and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225 and 252 are proposed to be amended as 
follows:

0
1. The authority citation for parts 225 and 252 continues to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION

225.7402-5  [Amended]

0
2. Amend section 225.7402-5, by removing paragraph (a)(2) and 
redesignating paragraphs (a)(3) and (4) as paragraphs (a)(2) and (3), 
respectively.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.225-7040 by--
0
a. Removing the clause date ``(MAY 2014)'' and adding ``(DATE)'' in its 
place;
0
b. Removing paragraph (b)(1)(ii) and redesignating paragraphs 
(b)(1)(iii) and (iv) as paragraphs (b)(1)(ii) and (iii), respectively;
0
c. In paragraph (d)(3) introductory text, removing ``CAAF are aware'' 
and adding ``CAAF and non-CAAF are aware'' in its place;
0
d. In paragraph (d)(3)(i), removing ``DoDD 6495.01'' and adding ``DoD 
Directive 6495.01'' in its place;
0
e. Adding paragraph (d)(5)(iii);
0
f. Revising paragraph (e)(1)(ii)(C)(3);

[[Page 4852]]

0
g. In paragraph (e)(1)(iv), removing ``DoD Directive 4500.54, Official 
Temporary Duty Abroad, and DoD 4500.54-G, DoD foreign Clearance Guide'' 
and adding ``DoD Directive 4500.54E, DoD Foreign Clearance Program'' in 
its place;
0
h. In paragraph (g)(2), removing ``https://spot.altess.army.mil/privacy.aspx'' and adding ``https://spot.dmdc.mil'' in its place;
0
i. In paragraph (j)(1) by removing ``DoD Instruction 3020.41'' and 
adding ``DoD Instruction 3020.41, Operational Contractor Support'' in 
its place;
0
j. In paragraph (j)(2), removing ``will-notify'' and adding ``will 
notify'' in its place; and
0
k. Removing paragraph (q)(2) and redesignating paragraphs (q)(3) and 
(4) as paragraphs (q)(2) and (3), respectively. The addition and 
revision read as follows:

252.225-7040  Contractor Personnel Supporting U.S. Armed Forces 
Deployed Outside the United States.

* * * * *
    (d) * * *
    (5) * * *
    (iii) That this section does not create any rights or privileges 
that are not authorized by law or DoD policy.
* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (C) * * *
    (3) All CAAF and selected non-CAAF, as specified in the statement 
of work, shall bring to the designated operational area a copy of the 
U.S. Centers for Disease Control and Prevention (CDC) Form 731, 
International Certificate of Vaccination or Prophylaxis as Approved by 
the World Health Organization, (also known as ``shot record'' or 
``Yellow Card'') that shows vaccinations are current.
* * * * *

[FR Doc. 2015-01437 Filed 1-28-15; 8:45 am]
BILLING CODE 5001-06-P
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