Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations 31935

List of Subjects in 48 CFR Part 204

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 204 is

amended as follows:

1. Authority citation for 48 CFR Part

204 continues to read as follows:

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

Chapter 1.

PART 204—ADMINISTRATIVE

MATTERS

2. Section 204.201 is amended by

adding paragraph (c) after paragraph 2,

and by revising paragraph (e)(i)

introductory text and paragraph (e)(i)(D)

to read as follows:

§ 204.201 Procedures.

* * * * *

(c) Distribute one copy to each

Defense Finance and Accounting

Service (DFAS) accounting station cited

in the contract, in addition to the copy

provided to each DFAS funding office.

(e)(i) Distribute one copy of each of

the following types of contracts or

modifications to the appropriate

Defense Contract Audit Agency (DCAA)

field audit office (listed in DCAAP

5100.1, Directory of DCAA Offices,

available on the World Wide Web,

Internet address http://

www.deskbook.osd.mil, under reference

library documents)—

* * * * *

(D) Fixed-price contracts with

provisions for redetermination, cost

incentives, economic price adjustment

based on cost, or cost allowability; and

* * * * *

3. Section 204.202 is amended by

revising paragraphs (1)(ii)(B) and (1)(iv)

to read as follows:

204.202 Agency distribution requirements.

(1) * * *

(ii) * * *

(B) The Defense Logistics Agency is

authorized to prescribe alternate

procedures for distribution of contract

documents in Defense Supply Center

Philadelphia European Region;

* * * * *

(iv) One copy to the contract

administration office (CAO) automatic

data processing point, except when the

DoDAAD code is the same as that of

either the CAO or payment office; and

* * * * *

[FR Doc. 98–15433 Filed 6–10–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Parts 222 and 252

[DFARS Case 97–D318]

Defense Federal Acquisition

Regulation Supplement; Contractor

Use of Nonimmigrant Aliens—Guam

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to implement Section 390 of

the National Defense Authorization Act

for Fiscal Year 1998. Section 390

requires that each DoD contract for base

operations support to be performed on

Guam prohibit performance of work

under the contract by any alien who is

issued a visa or otherwise provided

nonimmigrant status under the

Immigration and Nationality Act.

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:

Michael Pelkey, 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 97–D318 in

all correspondence related to this issue.

E-mail comments should cite DFARS

Case 97–D318 in the subject line.

FOR FURTHER INFORMATION CONTACT:

Michael Pelkey, telephone (703) 602–

0131.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule adds a new DFARS

Subpart 222.73 and a new contract

clause at DFARS 252.222–7005 to

implement Section 390 of the National

Defense Authorization Act for Fiscal

Year 1998 (Pub. L. 105–85). Section 390

provides that each DoD contract for base

operations support to be performed on

Guam shall contain a condition that

work under the contract may not be

performed by any alien who is issued a

visa or otherwise provided

nonimmigrant status under Section

101(a)(15)(H)(ii) of the Immigration and

Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)).

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 application of the rule is

limited to contracts for base operations

support to be performed on Guam.

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 97–D318 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 interim rule implements Section

390 of the National Defense

Authorization Act for Fiscal Year 1998,

which requires that each DoD contract

for base operations support to be

performed on Guam prohibit

performance of work under the contract

by any alien worker who is issued a visa

or otherwise provided nonimmigrant

status under the Immigration and

Nationality Act. Immediate

implementation is necessary to preclude

violation of Section 390, which was

effective upon enactment on November

18, 1997. Comments received in

response to the publication of this

interim rule will be considered in the

formulation of the final rule.

List of Subjects in 48 CFR Parts 222 and

252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 222 and 252

are amended as follows:

1. The authority citation for 48 CFR

Parts 222 and 252 continues to read as

follows:
31936 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations

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

Chapter 1.

PART 222—APPLICATION OF LABOR

LAWS TO GOVERNMENT

ACQUISITIONS

2. Subpart 222.73 is added to read as

follows:

Subpart 222.73—Base Operations

Support for Military Installations on

Guam

Sec.

222.7300 Scope of subpart.

222.7301 General.

222.7302 Contract clause.

222.7300 Scope of subpart.

(a) This subpart implements Section

390 of the National Defense

Authorization Act for Fiscal Year 1998

(Pub. L. 105–85).

(b) This subpart applies to base

operations support contracts that—

(1) Are to be performed on Guam; and

(2) Are entered into or modified on or

after November 18, 1997.

222.7301 General.

Work under a contract for base

operations support on Guam may not be

performed by any alien who is issued a

visa or otherwise provided

nonimmigrant status under Section

101(a)(15)(H)(ii) of the Immigration and

Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)).

222.7302 Contract clause.

Use the clause at 252.222–7005,

Prohibition on Use of Nonimmigrant

Aliens—Guam, in all solicitations and

contracts subject to this subpart.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.222–7005 is added to

read as follows:

252.222–7005 Prohibition on Use of

Nonimmigrant Aliens—Guam.

As prescribed in 222.7302, use the

following clause:

Prohibition on Use of Nonimmigrant

Aliens—Guam (Jun 1998)

The work required by this contract shall

not be performed by any alien who is issued

a visa or otherwise provided nonimmigrant

status under Section 101(a)(15)(H)(ii) of the

Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)).

(End of clause)

[FR Doc. 98–15432 Filed 6–10–98; 8:45 am]

BILLING CODE 5000–04–M

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.

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.