[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 69282-69283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27314]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AI12
Defense Federal Acquisition Regulation Supplement: Removal of
DFARS Coverage on Contractors Performing Private Security Functions
(DFARS Case 2013-D037)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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[[Page 69283]]
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove coverage on
contractors performing private security functions that is now covered
in the FAR.
DATES: Effective November 18, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, telephone 571-
372-6098.
SUPPLEMENTARY INFORMATION:
I. Background
DoD implemented section 862 of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2008 (Pub. L. 110-181), as amended by
section 853 of the NDAA for FY 2009 (Pub. L. 110-417) and sections 831
and 832 of the NDAA for FY 2011 (Pub. L. 111-383), at DFARS section
225.370 and the clause at 252.225-7039, both entitled ``Contractors
Performing Private Security Functions.'' The DFARS interim rule was
published at 76 FR 52133, effective August 19, 2011, and the final rule
was published at 77 FR 35883 on June 15, 2012.
These same statutory provisions were subsequently implemented in
the FAR at 25.302 and 52.225-26, both entitled ``Contractors Performing
Private Security Functions Outside the United States,'' in FAC 2005-
067, issued June 21, 2013. The FAR changes regarding private security
contractors were effective on July 22, 2013 (see 78 FR 37670).
Therefore, there is no need to retain the duplicative DFARS coverage
applicable solely to DoD.
This final rule removes DFARS 225.370 and the clause at 252.225-
7039, effective upon publication. In all applicable cases (see FAR
25.302-3, Applicability), the FAR shall be used.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment
because DFARS 225.370 and the clause at 252.225-7039 are duplicative of
the FAR. Using the FAR clause instead of the DFARS clause should, in
effect, be transparent to contractors because the requirements are the
same for both clauses.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
This rule affects the information collection requirements in the
provisions at DFARS 225.370 and 252.225-7039, currently approved under
OMB Control Number 0704-0460, titled Synchronized Predeployment and
Operational Tracker (SPOT) System, in accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35). The information collection
requirements associated with OMB 0704-0460 are broader than those
applicable only to private security contractors, and the majority of
the 0704-0460 requirements (i.e., those not associated with private
security contractors) will continue to apply to DoD contractors under
the clause at DFARS 252.225-7040. The information collection
requirements associated with contractor employees performing private
security functions will continue to apply to DoD contracts in
accordance with the clause at FAR 52.225-26 (which cites to OMB 0704-
0460). The information collection requirements for private security
contractors under contracts with non-DoD agencies are addressed under a
separate information collection, 9000-0180. There is no net impact of
this final rule on the information collection requirements for OMB
0704-0460.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
225.370 [Removed]
0
2. Remove section 225.370.
252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7039 [Removed and Reserved]
0
3. Remove and reserve section 252.225-7039.
[FR Doc. 2013-27314 Filed 11-15-13; 8:45 am]
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