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[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36883-36884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15373]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225, 242, and 252

RIN 0750-AH26

Defense Federal Acquisition Regulation Supplement; Synchronized 
Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030)

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 modify terminology and 
address internal contract administration requirements associated with 
the Synchronized Predeployment and Operational Tracker (SPOT) system.

DATES: Effective date: June 23, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Telephone 703-
602-1302.

SUPPLEMENTARY INFORMATION:

I. Background

    This DFARS case updates nomenclature associated with the letter of 
authorization required for contractor personnel to process through a 
deployment center or travel to, from, or within a designated 
operational area (see DFARS 225.7402-3). This final rule will revise 
the generic letter of authorization to use the formal title of 
``Synchronized Predeployment and Operational Tracker (SPOT)-generated 
letter of authorization.'' The change in title is being made at DFARS 
225.7402-3(e) and in the clause at 252.225-7040, Contractor Personnel 
Authorized to Accompany U.S. Armed Forces Deployed Outside the United 
States.

[[Page 36884]]

    In addition, the contract administration functions at DFARS 242.302 
have been amended to add a requirement for DoD contract administrators, 
when the contract incorporates the clause at 252.225-7040, to ensure 
implementation of, and maintain surveillance over, contractor 
compliance with the SPOT business rules.

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 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.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
an initial regulatory flexibility analysis is only required for 
proposed or interim rules that require publication for public comment 
(5 U.S.C. 603) and a final regulatory flexibility analysis is only 
required for final rules that were previously published for public 
comment, and for which an initial regulatory flexibility analysis was 
prepared (5 U.S.C. 604).
    This final rule does not constitute a significant DFARS revision as 
defined at FAR 1.501-1 because this rule will not have a significant 
cost or administrative impact on contractors or offerors, or a 
significant effect beyond the internal operating procedures of the 
Government. Therefore, publication for public comment under 41 U.S.C. 
1707 is not required.

IV. Paperwork Reduction Act

    The rule does not contain any 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).

List of Subjects in 48 CFR Parts 225, 242, and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225, 242, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225, 242, and 252 continues 
to read as follows:

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

PART 225--FOREIGN ACQUISITION

0
2. In section 225.7402-3, revise paragraph (e) to read as follows:

225.7402-3  Government support.

* * * * *
    (e) Contractor personnel must have a Synchronized Predeployment and 
Operational Tracker (SPOT)-generated letter of authorization (LOA) 
signed by the contracting officer in order to process through a 
deployment center or to travel to, from, or within the designated 
operational area. The LOA also will identify any additional 
authorizations, privileges, or Government support that the contractor 
personnel are entitled to under the contract. For a sample LOA, see the 
Web site provided at PGI 225.7402-5(a)(iv).

0
3. In section 225.7402-5, revise paragraph (b) to read as follows:

225.7402-5  Contract clauses.

* * * * *
    (b) For additional guidance on clauses to consider when using the 
clause at 252.225-7040, see PGI 225.7402-5(b).

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
4. In section 242.302, add paragraph (a)(S-72) to read as follows:

242.302  Contract administration functions.

    (a) * * *
    (S-72) Ensure implementation of the Synchronized Predeployment and 
Operational Tracker (SPOT) by the contractor and maintain surveillance 
over contractor compliance with SPOT business rules available at the 
Web site provided at PGI 225.7402-5(a)(iv) for contracts incorporating 
the clause at 252.225-7040, Contractor Personnel Authorized to 
Accompany U.S. Armed Forces Deployed Outside the United States.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. In section 252.225-7040, remove the clause date ``(JUL 2009)'' and 
add in its place ``(JUN 2011)'', and revise paragraph (c)(4) to read as 
follows:

252.225-7040  Contractor Personnel Authorized To Accompany U.S. Armed 
Forces Deployed Outside the United States.

* * * * *
    (c) * * *
    (4) Contractor personnel must have a Synchronized Predeployment and 
Operational Tracker (SPOT)-generated letter of authorization signed by 
the Contracting Officer in order to process through a deployment center 
or to travel to, from, or within the designated operational area. The 
letter of authorization also will identify any additional 
authorizations, privileges, or Government support that Contractor 
personnel are entitled to under this contract.
* * * * *
[FR Doc. 2011-15373 Filed 6-22-11; 8:45 am]
BILLING CODE 5001-08-P
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