4998 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 

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. 

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— 

• 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 

• 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 DoDunique 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 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations 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: 

■ 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 

■ 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 

■ 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 

■ 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] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 212, 222, and 

252 

RIN 0750–AH93 

Defense Federal Acquisition 

Regulation Supplement: Further 

Implementation of Trafficking in 

Persons Policy (DFARS Case 2013– 

D007) 

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 further implement DoD 

trafficking in persons policy, and to 

supplement Governmentwide changes 

proposed in connection with Executive 

Order 13627, to improve awareness, 

compliance, and enforcement. 

DATES: Effective January 29, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The United States Government’s 

longstanding policy prohibiting human 

trafficking in Federal supply chains is 

codified in Governmentwide acquisition 

regulations at FAR subpart 22.17. DoD 

is strengthening its policies and 

practices to ensure that no taxpayer 

resources are used to support such 

egregious labor violations. DoD has 

identified a number of important 

supplementary actions to help eradicate 

trafficking in its own supply chain. The 

DFARS coverage ensures that employees 

of DoD contractors are fully aware of 

their labor rights and that they have a 

means of reporting suspected labor 

violations directly to the DoD Inspector 

General’s office. These added 

protections will further improve 

stability, productivity, and certainty in 

the contingency operations that DoD 

supports, and they will ensure that DoD 

contractors do not benefit from the use 

of coerced labor. 

DoD published a proposed rule in the 

Federal Register at 78 FR 59325 on 

September 26, 2013, to further 

implement DoD trafficking in persons 

policies to improve awareness, 

compliance, and enforcement. Two 

respondents submitted public 

comments in response to the proposed 

rule. 


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