52032 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

agrees with the contractor’s assessment 

that the levy will jeopardize contract 

performance but does not believe that 

the lack of performance will impact 

national security, the Government will 

notify the contractor and will 

recommend that the contractor 

promptly contact the IRS to attempt to 

resolve the tax situation. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule 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 those 

contractors that have a delinquent tax 

debt. Therefore, DoD has not performed 

an initial regulatory flexibility analysis. 

DoD invites comments from small 

businesses and other interested parties. 

DoD also will consider comments from 

small entities concerning the affected 

DFARS subpart in accordance with 5 

U.S.C. 610. Such comments should be 

submitted separately and should cite 

DFARS Case 2004–D033. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. Although 

the rule requires contractors to provide 

certain information to the Government 

when levies are imposed on DoD 

contract payments, the number of 

contractors that will be subject to this 

requirement is expected to be less than 

10 per year. 

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 publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule establishes 

DoD policy regarding levies on contract 

payments. The IRS has begun 

implementing its legislative authority to 

levy up to 100 percent of contract 

payments, up to the amount of tax debt. 

Such levies could jeopardize contract 

performance and adversely affect 

national security. Therefore, it is 

necessary to ensure that all parties 

understand their rights and obligations 

related to the assessment of a levy. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 

List of Subjects in 48 CFR Parts 237 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 237 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 237 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 232—CONTRACT FINANCING 

■ 2. Subpart 232.71 is added to read as 

follows: 

Subpart 232.71—Levies on Contract 

Payments 

Sec. 

232.7100 Scope of subpart. 

232.7101 Policy and procedures. 

232.7102 Contract clause. 

232.7100 Scope of subpart. 

This subpart prescribes policies and 

procedures concerning the effect of 

levies pursuant to 26 U.S.C. 6331(h) on 

contract payments. The Internal 

Revenue Service (IRS) is authorized to 

levy up to 100 percent of all payments 

made under a DoD contract, up to the 

amount of the tax debt. 

232.7101 Policy and procedures. 

(a) The contracting officer shall 

require the contractor to—

(1) Promptly notify the contracting 

officer when a levy that will jeopardize 

contract performance is imposed on a 

DoD contract; and 

(2) Advise the contracting officer 

whether the inability to perform may 

adversely affect national security. 

(b) The contracting officer shall 

promptly notify the Director, Defense 

Procurement and Acquisition Policy 

(DPAP), when the contractor’s inability 

to perform will adversely affect national 

security or will result in significant 

additional costs to the Government. 

Follow the procedures at PGI 

232.7101(b) for reviewing the 

contractor’s rationale and submitting the 

required notification. 

(c) The Director, DPAP, will promptly 

review the contractor’s rationale and 

will notify the IRS, the contracting 

officer, and/or the payment office in 

accordance with the procedures at PGI 

232.7101(c). The contracting officer 

shall then notify the contractor in 

accordance with paragraph (c) of the 

clause at 252.232–7010. 

232.7102 Contract clause. 

Use the clause at 252.232–7010, 

Levies on Contract Payments, in all 

solicitations and contracts. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.232–7010 is added to 

read as follows: 

252.232–7010 Levies on Contract 

Payments. 

As prescribed in 232.7102, use the 

following clause: 

Levies on Contract Payments (SEPT 2005) 

(a) 26 U.S.C. 6331(h) authorizes the 

Internal Revenue Service (IRS) to 

continuously levy up to 100 percent of 

contract payments, up to the amount of tax 

debt. 

(b) When a levy is imposed on a payment 

under this contract and the levy will 

jeopardize contract performance, the 

Contractor shall promptly notify the 

Procuring Contracting Officer and provide—

(1) The total dollar amount of the levy; 

(2) A statement that the levy will 

jeopardize contract performance, including 

rationale and adequate supporting 

documentation; and 

(3) Advice as to whether the inability to 

perform may adversely affect national 

security, including rationale and adequate 

supporting documentation. 

(c) DoD shall promptly review the 

Contractor’s assessment and provide a 

notification to the Contractor including—

(1) A statement as to whether DoD agrees 

that the levy jeopardizes contract 

performance; and 

(2) If the levy jeopardizes contract 

performance and the lack of performance will 

adversely affect national security, the total 

amount of the monies collected that should 

be returned to the Contractor; or 

(3) If the levy jeopardizes contract 

performance but will not impact national 

security, a recommendation that the 

Contractor promptly notify the IRS to attempt 

to resolve the tax situation. 

(d) Any DoD determination under this 

clause is not subject to appeal under the 

Contract Disputes Act. 

(End of clause) 

[FR Doc. 05–17349 Filed 8–31–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 237 and 252 

[DFARS Case 2005–D007] 

Defense Federal Acquisition 

Regulation Supplement; Training for 

Contractor Personnel Interacting With 

Detainees 

AGENCY: Department of Defense (DoD). 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52033 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 1092 of 

the National Defense Authorization Act 

for Fiscal Year 2005. Section 1092 

requires that DoD contractor personnel 

who interact with detainees receive 

training regarding the applicable 

international obligations and laws of the 

United States. 

DATES: Effective date: September 1, 

2005. 

Comment date: Comments on the 

interim rule should be submitted to the 

address shown below on or before 

October 31, 2005, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2005–D007, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2005–D007 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Amy 

Williams, OUSD (AT&L) DPAP (DAR), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/ 

dfars.nsf. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule adds policy at 

DFARS 237.171 and a contract clause at 

DFARS 252.237–7019, Training for 

Contractor Personnel Interacting with 

Detainees, to implement Section 1092 of 

the National Defense Authorization Act 

for Fiscal Year 2005 (Pub. L. 108–375). 

Section 1092 requires DoD to prescribe 

policies to ensure that members of the 

Armed Forces, and all persons acting on 

behalf of the Armed Forces or within 

facilities of the Armed Forces, treat 

persons detained by the U.S. 

Government in a humane manner 

consistent with the international 

obligations and laws of the United 

States. These policies must include 

requirements for training of DoD 

contractor personnel interacting with 

detainees. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this rule 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 Government will provide 

the training required by the rule. DoD 

invites comments from small businesses 

and other interested parties. DoD also 

will consider comments from small 

entities concerning the affected DFARS 

subpart in accordance with 5 U.S.C. 

610. Such comments should be 

submitted separately and should cite 

DFARS Case 2005–D007. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

contain 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 publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

Section 1092 of the National Defense 

Authorization Act for Fiscal Year 2005 

(Pub. L. 108–375), enacted on October 

28, 2004. Section 1092 requires that 

DoD contractor personnel who interact 

with detainees receive appropriate 

training. Such training is needed to 

ensure that all persons acting on behalf 

of the Armed Forces treat persons 

detained by the U.S. Government in a 

humane manner consistent with the 

international obligations and laws of the 

United States. Comments received in 

response to this interim rule will be 

considered in the formation of the final 

rule. 

List of Subjects in 48 CFR Parts 237 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 237 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

Parts 237 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 237—SERVICE CONTRACTING 

■ 2. Sections 237.171 through 237.171–

4 are added to read as follows: 

237.171 Training for contractor personnel 

interacting with detainees. 

237.171–1 Scope. 

This section prescribes policies to 

prevent the abuse of detainees, as 

required by Section 1092 of the National 

Defense Authorization Act for Fiscal 

Year 2005 (Pub. L. 108–375). 

237.171–2 Definition. 

Detainee, as used in this section, is 

defined in the clause at 252.237–7019, 

Training for Contractor Personnel 

Interacting with Detainees. 

237.171–3 Policy. 

(a) Each DoD contract in which 

contractor personnel, in the course of 

their duties, interact with individuals 

detained by DoD on behalf of the U.S. 

Government shall include a requirement 

that such contractor personnel—

(1) Receive training regarding the 

international obligations and laws of the 

United States applicable to the 

detention of personnel; and 

(2) Acknowledge receipt of the 

training. 

(b) The combatant commander 

responsible for the area where the 

detention or interrogation facility is 

located will provide the training to 

contractor personnel. For information 

on combatant commander geographic 

areas of responsibility and point of 

contact information for each command, 

see PGI 237.171–3(b). 

(c) See PGI 237.171–3(c) for 

additional guidance from the Secretary 

of Defense on implementation of 

Section 1092 of Public Law 108–375. 

237.171–4 Contract clause. 

Use the clause at 252.237–7019, 

Training for Contractor Personnel 

Interacting with Detainees, in 

solicitations and contracts for the 

acquisition of services if—

(a) The clause at 252.225–7040, 

Contractor Personnel Supporting a 

Force Deployed Outside the United 

States, is included in the solicitation or 

contract; or 

(b) The services will be performed at 

a facility holding detainees, and 

contractor personnel in the course of 

their duties may be expected to interact 

with the detainees. 

52034 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(SEPT 2005)’’; and 

■ b. In paragraphs (b) and (c), by adding, 

in numerical order, new entries to read 

as follows: 

252.212–7001 Contract terms and 

conditions required to implement statutes 

or Executive orders applicable to Defense 

acquisitions of commercial items. 

* * * * * 

(b) * * * 

ll252.237–7019 Training for Contractor 

Personnel Interacting with Detainees (AUG 

2005) (Section 1092 of Pub. L. 108–375). 

* * * * * 

(c) * * * 

ll252.237–7019 Training for Contractor 

Personnel Interacting with Detainees (AUG 

2005) (Section 1092 of Pub. L. 108–375). 

* * * * * 

■ 4. Section 252.237–7019 is added to 

read as follows: 

252.237–7019 Training for Contractor 

Personnel Interacting with Detainees. 

As prescribed in 237.171–4, use the 

following clause: 

Training for Contractor Personnel 

Interacting With Detainees (SEPT 2005) 

(a) Definitions. As used in this clause—

Combatant Commander means the 

commander of a unified or specified 

combatant command established in 

accordance with 10 U.S.C. 161. 

Detainee means a person in the custody or 

under the physical control of the Department 

of Defense on behalf of the United States 

Government as a result of armed conflict or 

other military operation by United States 

armed forces. 

Personnel interacting with detainees means 

personnel who, in the course of their duties, 

are expected to interact with detainees. 

(b) Training requirement. This clause 

implements Section 1092 of the National 

Defense Authorization Act for Fiscal Year 

2005 (Pub. L. 108–375). 

(1) The Combatant Commander responsible 

for the area where a detention or 

interrogation facility is located will provide 

training for contractor personnel interacting 

with detainees. The training will address the 

international obligations and laws of the 

United States applicable to the detention of 

personnel, including the Geneva 

Conventions. The Combatant Commander 

will issue a training receipt document to 

personnel who have completed the training. 

(2)(i) The Contractor shall arrange for its 

personnel interacting with detainees to—

(A) Receive the training specified in 

paragraph (b)(1) of this clause prior to 

interacting with detainees and annually 

thereafter; and 

(B) Acknowledge receipt of the training 

through acknowledgment of the training 

receipt document specified in paragraph 

(b)(1) of this clause. 

(ii) To make these arrangements, the 

following points of contact apply: 

[Contracting Officer to insert applicable point 

of contact information cited in PGI 237.171–

3(b).] 

(3) The Contractor and its personnel 

interacting with detainees shall retain a copy 

of the training receipt document(s) issued 

and acknowledged in accordance with 

paragraphs (b)(1) and (2) of this clause until 

the contract is closed. 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts that may require contractor 

personnel to interact with detainees in the 

course of their duties. 

(End of clause) 

[FR Doc. 05–17347 Filed 8–31–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 242 

[DFARS Case 2004–D007] 

Defense Federal Acquisition 

Regulation Supplement; Assignment 

of Contract Administration—Exception 

for Defense Energy Support Center 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to reflect a memorandum of 

agreement between the Defense Contract 

Management Agency and the Defense 

Energy Support Center that provides for 

the Defense Energy Support Center to 

perform contract administration 

functions for all contracts it awards. 

This arrangement eliminates 

duplication of effort in the bulk fuel 

quality management program. 

DATES: Effective September 1, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Tronic, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0289; facsimile 

(703) 602–0350. Please cite DFARS Case 

2004–D007. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS 242.202(a)(i) specifies that, 

with certain exceptions, DoD activities 

shall not retain any contract for 

administration that requires 

performance of contract administration 

functions at or near contractor facilities. 

This final rule adds a new exception to 

the policy at DFARS 242.202(a)(i) to 

reflect a memorandum of agreement 

between the Defense Contract 

Management Agency and the Defense 

Energy Support Center, which provides 

for the Defense Energy Support Center 

to perform contract administration 

functions for all contracts it awards. 

This arrangement eliminates 

duplication of effort in the bulk fuel 

quality management program. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

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 DoD. Therefore, 

publication for public comment is not 

required. However, DoD will consider 

comments from small entities 

concerning the affected DFARS subpart 

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

comments should cite DFARS Case 

2004–D007. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the 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. 

List of Subjects in 48 CFR Part 242 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Part 242 is 

amended as follows: 

■ 1. The authority citation for 48 CFR 

Part 242 continues to read as follows: 

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

Chapter 1. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 2. Section 242.202 is amended as 

follows: 

■ a. In paragraph (a)(i)(P) by removing at 

the end ‘‘and’’; 

■ b. In paragraph (a)(i)(Q) by removing 

the period and adding ‘‘; and’’; and 

■ c. By adding paragraph (a)(i)(R) to 

read as follows: 

242.202 Assignment of contract 

administration. 

(a)(i) * * *