4850 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 

provided in the PPIRS–SR User’s 

Manual available under the references 

section of the PPIRS Web site at 

www.ppirs.gov; 

(B) Ensure the basis for award 

includes an evaluation of each 

supplier’s past performance history in 

PPIRS–SR for the FSC and PSC of the 

supplies being purchased; and 

(C) In the case of a supplier without 

a record of relevant past performance 

history in PPIRS–SR for the FSC or PSC 

of the supplies being purchased, the 

supplier may not be evaluated favorably 

or unfavorably for its past performance 

history. 

213.106–2–70 Solicitation provision. 

Use the provision at 252.213–70XX, 

Notice to Prospective Suppliers on the 

Use of Past Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations, in 

competitive solicitations for supplies 

when using FAR part 13 simplified 

acquisition procedures, including 

acquisitions valued at less than or equal 

to $1 million under the authority at FAR 

subpart 13.5. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add new section 252.213–70XX to 

read as follows: 

252.213–70XX Notice to Prospective 

Suppliers on Use of Past Performance 

Information Retrieval System—Statistical 

Reporting in Past Performance Evaluations. 

As prescribed in 213.106–2–70, use 

the following provision: 

Notice to Prospective Suppliers on use 

of Past Performance Information 

Retrieval System—Statistical Reporting 

in Past Performance Evaluations (Date) 

(a) The Past Performance Information 

Retrieval System—Statistical Reporting 

(PPIRS–SR) application (http://

www.ppirs.gov/) will be used in the 

evaluation of suppliers’ past performance in 

accordance with DFARS 213.106–2(b)(i). 

(b) PPIRS–SR collects quality and delivery 

data on previously awarded contracts and 

orders from existing Department of Defense 

reporting systems to classify each supplier’s 

performance history by Federal supply class 

(FSC) and product or service code (PSC). The 

PPIRS–SR application provides the 

contracting officer quantifiable past 

performance information regarding a 

supplier’s quality and delivery performance 

for the FSC and PSC of the supplies being 

purchased. 

(c) The quality and delivery classifications 

identified for a supplier in PPIRS–SR will be 

used by the contracting officer to evaluate a 

supplier’s past performance in conjunction 

with the supplier’s references (if requested) 

and other provisions of this solicitation 

under the past performance evaluation factor. 

The Government reserves the right to award 

to the supplier(s) whose quotations(s) or 

offer(s) represent(s) the best value to the 

Government. 

(d) PPIRS–SR classifications are generated 

monthly for each contractor and can be 

reviewed by following the access instructions 

in the PPIRS–SR User’s Manual found at 

https://www.ppirs.gov/ppirsfiles/pdf/PPIRSSR_UserMan.pdf. Contractors are granted 

access to PPIRS–SR for their own 

classifications only. Suppliers are 

encouraged to review their own 

classifications, the PPIRS–SR reporting 

procedures and classification methodology 

detailed in the PPIRS–SR User’s Manual, and 

PPIRS–SR Evaluation Criteria available from 

the references at http://www.ppirs.gov/

ppirsfiles/reference.htm. The method to 

challenge a rating generated by PPIRS–SR is 

provided in the User’s Manual. 

(End of provision) 

[FR Doc. 2015–01436 Filed 1–28–15; 8:45 am] 

BILLING CODE 5001–01–P 

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. 

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: 

Æ 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. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D023 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ 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 


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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 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: 

■ 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] 

■ 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 

■ 3. Amend section 252.225–7040 by— 

■ a. Removing the clause date ‘‘(MAY 

2014)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. Removing paragraph (b)(1)(ii) and 

redesignating paragraphs (b)(1)(iii) and 

(iv) as paragraphs (b)(1)(ii) and (iii), 

respectively; 

■ c. In paragraph (d)(3) introductory 

text, removing ‘‘CAAF are aware’’ and 

adding ‘‘CAAF and non-CAAF are 

aware’’ in its place; 

■ d. In paragraph (d)(3)(i), removing 

‘‘DoDD 6495.01’’ and adding ‘‘DoD 

Directive 6495.01’’ in its place; 

■ e. Adding paragraph (d)(5)(iii); 

■ f. Revising paragraph (e)(1)(ii)(C)(3); 


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4852 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules 

■ 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; 

■ h. In paragraph (g)(2), removing 

‘‘https://spot.altess.army.mil/

privacy.aspx’’ and adding ‘‘https://

spot.dmdc.mil’’ in its place; 

■ i. In paragraph (j)(1) by removing 

‘‘DoD Instruction 3020.41’’ and adding 

‘‘DoD Instruction 3020.41, Operational 

Contractor Support’’ in its place; 

■ j. In paragraph (j)(2), removing ‘‘willnotify’’ and adding ‘‘will notify’’ in its 

place; and 

■ 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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