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.
Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations 31937

List of Subjects in 48 CFR Parts 225 and

252

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 225 and 252

are amended as follows:

1. The authority citation for 48 CFR

Parts 225 and 252 continues to read as

follows:

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

Chapter 1.

PART 225—FOREIGN ACQUISITION

2. Subpart 225.74 is added to read as

follows:

Subpart 225.74—Antiterrorism/Force

Protection Policy for Defense

Contractors Outside the United States

Sec.

225.7400 Scope of subpart.

225.7401 General.

225.7402 Contract clause.

225.7400 Scope of subpart.

This subpart pertains to antiterrorism/

force protection policy for contracts that

require performance or travel outside

the United States.

225.7401 General.

Information and guidance pertaining

to DoD antiterrorism/force protection

can be obtained from the following

offices:

(a) For Navy contracts: Naval Criminal

Investigative Service (NCIS), Code 24;

telephone, DSN 228–9113 or

commercial (202) 433–9113.

(b) For Army contracts: HQDA

(DAMO–ODL)/ODCSOP; telephone,

DSN 225–8491 or commercial (703)

695–8491.

(c) For Marine Corps contracts: CMC

Code POS–10; telephone, DSN 224–

4177 or commercial (703) 614–4177.

(d) For Air Force contracts: HQ

AFSFC/SFPT; telephone, DSN 473–

0927/0928 or commercial (210) 671–

0927/0928.

(e) For Combatant Command

contracts: The appropriate Antiterrorism

Force Protection Office at the Command

Headquarters.

(f) For Defense Agencies: The

appropriate agency security office.

(g) For additional information:

Assistant Secretary of Defense for

Special Operations and Low Intensity

Conflict, ASD (SOLIC); telephone, DSN

255–0044 or commercial (703) 695–

0044.

225.7402 Contract clause.

Use the clause at 252.225–7043,

Antiterrorism/Force Protection Policy

for Defense Contractors Outside the

United States, in solicitations and

contracts that require performance or

travel outside the United States, except

for contracts with—

(a) Foreign governments;

(b) Representatives of foreign

governments; or

(c) Foreign corporations wholly

owned by foreign governments.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.225–7043 is added to

read as follows:

252.225–7043 Antiterrorism/Force

Protection Policy for Defense Contractors

Outside the United States.

As prescribed in 225.7402, use the

following clause:

ANTITERRORISM/FORCE PROTECTION

POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 1998)

(a) Except as provided in paragraph (b) of

this clause, the Contractor and its

subcontractors, if performing or traveling

outside the United States under this contract,

shall—

(1) Affiliate with the Overseas Security

Advisory Council, if the Contractor or

subcontractor is a U.S. entity;

(2) Ensure that Contractor and

subcontractor personnel who are U.S.

nationals and are in-country on a nontransitory basis, register with the U.S.

Embassy, and that Contractor and

subcontractor personnel who are third

country nationals comply with any security

related requirements of the Embassy of their

nationality;

(3) Provide, to Contractor and

subcontractor personnel, antiterrorism/force

protection awareness information

commensurate with that which the

Department of Defense (DoD) provides to its

military and civilian personnel and their

families, to the extent such information can

be made available prior to travel outside the

United States; and

(4) Obtain and comply with the most

current antiterrorism/force protection

guidance for Contractor and subcontractor

personnel.

(b) The requirements of this clause do not

apply to any subcontractor that is—

(1) A foreign government;

(2) A representative of a foreign

government; or

(3) A foreign corporation wholly owned by

a foreign government.

(c) Information and guidance pertaining to

DoD antiterrorism/force protection can be

obtained from [Contracting Officer to insert

applicable information cited in 225.7401].

(End of clause)

[FR Doc. 98–15431 Filed 6–10–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

48 CFR Part 245

[DFARS Case 98–D004]

Defense Federal Acquisition

Regulation Supplement; Use of

Auctions, Spot Bids, or Retail Sales of

Surplus Contractor Inventory by the

Contractor

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement has issued a final rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to lower the level at which the

Government must approve the use of

auctions, spot bids, or retail sales, when

a contractor is disposing of surplus

inventory on the Government’s behalf.

This change is expected to expedite the

disposal process.

EFFECTIVE DATE: June 11, 1998.

FOR FURTHER INFORMATION CONTACT:

Rick Layser, Defense Acquisition

Regulations Council, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0131; telefax (703)

602–0350. Please cite DFARS Case 98–

D004.

SUPPLEMENTARY INFORMATION:

A. Background

DFARS Subpart 245.73 contains

procedures for the sale of surplus

Government property that is in the

possession of a contractor. This final

rule amends DFARS 245.7301 to lower,

from the headquarters of the contract

administration activity, to the

commander of the contract

administration office, the level at which

the Government must approve the use of

auctions, spot bids, or retail sales to

dispose of such property.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant revision within the meaning

of FAR 1.501 and Pub. L. 98–577 and

publication for public comment is not

required. However, comments from

small entities concerning the affected

DFARS subpart will be considered in

accordance with 5 U.S.C. 610. Such

comments should cite DFARS Case 98–

D004.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the final 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.