[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4998-4999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01433]



[[Page 4997]]

Vol. 80

Thursday,

No. 19

January 29, 2015

Part III





Department of Defense





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 Defense Acquisition Regulations System





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48 CFR Parts 203, 204, 212, et al.





 Defense Federal Acquisition Regulation Supplement: Defense Contractors 
Performing Private Security Functions (DFARS Case 2014-D008) and 
Further Implementation of Trafficking in Persons Policy (DFARS Case 
2013-D007); Final Rules

Federal Register / Vol. 80 , No. 19 / Thursday, January 29, 2015 / 
Rules and Regulations

[[Page 4998]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 225, and 252

RIN 0750-AI31


Defense Federal Acquisition Regulation Supplement: Defense 
Contractors Performing Private Security Functions (DFARS Case 2014-
D008)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address DoD-unique 
requirements for defense contractors performing private security 
functions outside the United States.

DATES: Effective January 29, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Hawes, telephone 571-372-
6115.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 79 FR 
35713 on June 24, 2014, to prescribe a new clause for use in 
solicitations and contracts, including solicitations and contracts for 
the acquisition of commercial items, when defense contractors are 
performing private security functions outside the United States in 
covered operations. No public comments were submitted in response to 
the proposed rule. The final rule reflects two changes to clarify 
terminology used in the proposed rule.

II. Discussion

    This final rule adds a new section at DFARS 225.302 titled 
Contractors Performing Private Security Functions Outside the United 
States. The new section provides a prescription for new DFARS clause 
252.225-7039, Defense Contractors Performing Private Security 
Functions. The new clause requires covered contractors to--
    <bullet> Register in the Synchronized Predeployment and Operational 
Tracker (SPOT) system all weapons, armored vehicles, helicopters, and 
other vehicles used or operated by personnel performing private 
security functions; and
    <bullet> Comply with ANSI/ASIS PSC.1-2012, American National 
Standard, Management System for Quality of Private Security 
Operations--Requirements with Guidance. Contracting officers were 
already incorporating the requirement to comply with the ANSI/ASIS 
PSC.1-2012 if the acquisition required performance of private security 
functions, based on a checklist provided at DFARS Procedures, Guidance, 
and Information 225.7401. This requirement is more appropriately 
included in a clause.
    The new clause, DFARS 252.225-7039, is also added to the list at 
DFARS 212.301 of clauses and provisions for the acquisition of 
commercial items.
    The final rule makes the following changes to clarify terminology 
used in the proposed rule. The final rule removes the reference to 
``humanitarian or peace operations'' from the proposed rule clause 
prescription at DFARS 225.302-6 and the proposed clause at DFARS 
252.225-7039 and replaces it with ``peace operations, consistent with 
Joint Publication 3-07.3.'' Humanitarian or peacekeeping operations are 
a subcategory of peace operations as defined in the Joint Publication 
3-07.3. Consistent with this change, the definition of ``peace 
operation'' is also being removed from DFARS 225.302 and the associated 
clause at DFARS 252.225-7039.

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 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. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    This rule is needed to provide DoD-unique requirements for 
implementation and supplementation of Federal Acquisition Regulation 
(FAR) clause 52.225-26, Contractors Performing Private Security 
Functions Outside the United States. FAR 52.225-26 implements section 
862 of the National Defense Authorization Act (NDAA) for Fiscal Year 
(FY) 2009 (Pub. L. 110-181), sections 831 and 832 of the NDAA for FY 
2011 (Pub. L. 111-383), and the Memorandum of Understanding signed by 
DoD, the Department of State, and the United States Agency for 
International Development.
    The objective of the rule is to ensure that DoD contractors 
performing private security functions in covered operations comply with 
the DoD-unique Synchronized Predeployment and Operational Tracker 
(SPOT) System registration requirements and ANSI/ASIS PSC.1-2012, 
American National Standard, Management System for Quality of Private 
Security Operations-Requirements with Guidance.
    No comments were received from the public regarding the initial 
regulatory flexibility analysis.
    According to the Armed Contractor Oversight Directorate for United 
States Forces-Afghanistan, as of September 1, 2014, current operations 
include 2,355 contractors performing private security functions. It is 
not known how many of those firms were small businesses; however, any 
impact on small business firms will be minor because these are not new 
requirements.
    The requirement to enter data on weapons, armored vehicles, 
helicopters, and other military vehicles into SPOT was in the Defense 
Federal Acquisition Regulation Supplement (DFARS) until the 
registration requirement was transitioned into the FAR in July 2013 
(but without specifying use of SPOT). The new DFARS clause 252.225-
7039, Defense Contractors Performing Private Security Functions, 
specifies that the system to use is SPOT. In addition, contracting 
officers were already incorporating the requirement to comply with 
ANSI/ASIS PSC.1-2012 if the acquisition required performance of private 
security functions based on a checklist provided at DFARS Procedures, 
Guidance, and Information (PGI) 225.7401.
    There are no new projected reporting, recordkeeping, or other 
compliance requirements projected for this rule.
    No alternatives to the rule have been identified.

V. 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

[[Page 4999]]

under OMB Clearance Number 0704-0460, entitled Synchronized 
Predeployment and Operational Tracker (SPOT) System.

List of Subjects in 48 CFR Parts 212, 225, and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 212, 225, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 212, 225, and 252 continues 
to read as follows:

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

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. In section 212.301, redesignate paragraphs (f)(viii)(X) through (AA) 
as paragraphs (f)(viii)(Y) through (BB) and add a new paragraph 
(f)(viii)(X) to read as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (viii) * * *
    (X) Use the clause at 252.225-7039, Defense Contractors Performing 
Private Security Functions Outside the United States, as prescribed in 
225.302-6, to comply with section 2 of Pub. L. 110-181, as amended.
* * * * *

PART 225--FOREIGN ACQUISITION

0
3. Add sections 225.302 and 225.302-6 to subpart 225.3 to read as 
follows:


225.302  Contractors performing private security functions outside the 
United States.


225.302-6  Contract clause.

    Use the clause at 252.225-7039, Defense Contractors Performing 
Private Security Functions Outside the United States, in solicitations 
and contracts, including solicitations and contracts using FAR part 12 
procedures for the acquisition of commercial items, when private 
security functions are to be performed outside the United States in--
    (1) Contingency operations;
    (2) Combat operations, as designated by the Secretary of Defense;
    (3) Other significant military operations (as defined in 32 CFR 
part 159), designated by the Secretary of Defense, and only upon 
agreement of the Secretary of Defense and the Secretary of State;
    (4) Peace operations, consistent with Joint Publication 3-07.3; or
    (5) Other military operations or military exercises, when 
designated by the Combatant Commander.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Add section 252.225-7039 to read as follows:


252.225-7039  Defense Contractors Performing Private Security Functions 
Outside the United States.

    As prescribed in 225.302-6, insert the following clause:

DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE 
UNITED STATES (JAN 2015)

    (a) Requirements. The Contractor shall--
    (1) Register in the Synchronized Predeployment and Operational 
Tracker (SPOT)--
    (i) Weapons to be carried by or available to be used by personnel 
performing private security functions; and
    (ii) Armored vehicles, helicopters, and other vehicles operated by 
personnel performing private security functions; and
    (2) Comply with ANSI/ASIS PSC.1-2012, American National Standard, 
Management System for Quality of Private Security Company Operations--
Requirements with Guidance (located at www.acq.osd.mil/log/PS/p_vault/item_1997-PSC_1_STD.PDF).
    (b) Subcontracts. The Contractor shall include the substance of 
this clause, including this paragraph (b), in subcontracts, including 
subcontracts for commercial items, when private security functions will 
be performed outside the United States in areas of--
    (1) Contingency operations;
    (2) Combat operations, as designated by the Secretary of Defense;
    (3) Other significant military operations (as defined in 32 CFR 
part 159), designated by the Secretary of Defense upon agreement of the 
Secretary of State;
    (4) Peace operations, consistent with Joint Publication 3-07.3; or
    (5) Other military operations or military exercises, when 
designated by the Combatant Commander.


(End of clause)

[FR Doc. 2015-01433 Filed 1-28-15; 8:45 am]
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