[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Rules and Regulations]
[Page 66738-66740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-14]
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DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5125
RIN 0702-AA38
Foreign Acquisition
AGENCY: Department of Army, DoD.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Department of the Army is amending the Department of the
Army Acquisition Regulations (also referred to as the Army Federal
Acquisition Regulation Supplement (AFARS)) to increase consistency in
Army contracts that may require deployment of contractor personnel.
This change is a consolidation and summarization of current information
[[Page 66739]]
available in several documents, some of which are currently in draft
form, and does not include new Army contracting policy. The purpose of
this issuance is to notify interested parties of this change, and to
request the public's comments. This change is issued by the Assistant
Secretary of the Army (Acquisition, Logistics, and Technology)
(ASA(ALT)). This issuance is made concurrent with publication of an
interim rule with request for comments to Solicitations Provisions and
Contract Clauses, published in this issue of the Federal Register.
DATES: Effective date: November 28, 2003.
Comment date: Comments must be submitted to the address shown below
on or before January 27, 2004.
ADDRESSES: Respondents may e-mail comments to: s.wisniewski@us.army.mil. Those who cannot submit comments by e-mail
may submit comments to: Procurement Policy and Support Office, Attn:
SAAL-PP, Sharon Wisniewski, Presidential Towers, 2511 S. Jeff Davis
Highway, Arlington, VA, 22202, facsimile (703) 604-8178. Please cite
``AFARS CAF Clause'' in the subject line of comments.
FOR FURTHER INFORMATION CONTACT: Sharon Wisniewski, (586) 574-7050 or
Linda Fowlkes, (703) 604-7104.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule is added to incorporate information to facilitate
deploying contractor personnel to Iraq or other areas of operations. It
also seeks to ease the administrative difficulty for each contractor
and contracting office researching current guidance on contractors
accompanying the force, and to increase consistency among Army
contracts. This AFARS change is published to address contractor and
Army contracting offices' questions and concerns. This rule was not
subject to Office of Management and Budget review under Executive Order
12866, dated September 30, 1993.
B. Regulatory Flexibility Act
The Army 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
applies only to contractors that may require deployment of contractor
personnel outside the United States, and because it only consolidates
existing and draft logistical guidance. The amount of such additional
services is not expected to be significantly large in comparison to the
total amount of services procured by Army, and any additional costs
would be reimbursable under the resulting contract. Therefore, Army has
not performed an initial regulatory flexibility analysis. Army invites
comments from small businesses and other interested parties. Army also
will consider comments from small entities concerning the affected
AFARS subpart in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite ``Small Entities CAF comment.''
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.
D. Determination To Issue a Rule Effective With Publication in the
Federal Register
A determination has been made under the authority of the Army
Deputy Assistant Secretary of the Army (Policy & Procurement) that
urgent and compelling reasons exist to publish this rule prior to
affording the public an opportunity to comment. Contracting offices
continue to write contracts that require contractor personnel to
accompany the military force in Iraq and other places. Contractor
representatives and contracting offices have requested inclusion of
coverage in the AFARS expeditiously, even if not a complete solution,
pending coverage on this topic in higher level regulations. Comments
received in response to this notice will be considered.
Emily Clarke,
Director, Procurement Policy and Support.
List of Subjects in 48 CFR Part 5125
Government contracts, Government procurement.
0
For the reasons stated in the preamble, the Department of the Army adds
48 CFR part 5125 to read as follows:
PART 5125--FOREIGN ACQUISITION
Authority: 5 U.S.C 301, 10 U.S.C. 2202, DoD Directive 5000.35,
FAR 1.301 and DOD FAR Supplement 201.3.
Subpart 5125.74-9000--Contractors Accompanying the Force--
Deployment of Contractor Personnel in Support of Military
Operations
Scope of Subpart
(a) General. This subpart applies whenever contractors may be
required to accompany the force in support of military operations, as
defined in Joint Publication 1-02, ``DOD Dictionary of Military and
Associated Terms.''
(b) Coordination. There are many operational details that will
affect the scope of work in contracts requiring deployment of
contractor personnel in support of military operations. The
requirements activity, in conjunction with the contracting activity,
must coordinate with the appropriate logistics organization to
determine what level of support (e.g., billeting, messing, clothing and
equipment, access to medical facilities, pre-deployment processing)
will be available to contractors.
(i) DFARS 225.802-70 (Contracts for performance outside the United
States and Canada) prescribes special procedures applicable to
contracts requiring the performance of work in a foreign country by
U.S. personnel or a third country contractor, or that will require
logistics support for contractor employees, and the contracting
activity is not under the command jurisdiction of a unified or
specified command for the country involved. This provision generally
requires the contracting activity to undertake certain coordination
with the cognizant contract administration office for that country.
(ii) In situations where no contract administration office has been
designated, the contracting officer shall ensure, prior to contract
award, that the responsible combatant command concurs with any contract
provision that promises logistical support to U.S. or foreign national
contractor personnel. This requirement may be satisfied through a
memorandum executed by the requiring activity that documents combatant
command approval of any logistical support specified in the main body
of the contract or its statement of work.
(c) Legal status of contractor personnel. The Status of Forces
Agreements applicable to the Area of Operations (AO), as well as the
Geneva Conventions and other international laws govern the legal status
of contractor personnel. Contractor personnel's legal status will vary
depending on the location and circumstances surrounding an incident.
(d) Requirements offices and contracting officers should use the
Army Contractors Accompanying the Force Guidebook for more detailed
guidance, including sample contract language, and a listing of Army and
DoD regulations and other resources. Contracting Officers may tailor
this language as appropriate, but using the Guidebook will both answer
many
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common questions and foster uniform handling of common issues. The
Guidebook may be found on the Deputy Assistant Secretary of the Army
(Procurement & Production) Web site at http://dasapp.saalt.army.mil/.
(e) Solicitation provision and contract clause. The clause at Sec.
5152.225-74-9000 shall be inserted in all solicitations and contracts
that may require deployment of contractor personnel in support of
military operations. It may be tailored to fit the specific
circumstances of the procurement.
[FR Doc. 03-29416 Filed 11-26-03; 8:45 am]
BILLING CODE 3710-08-P