[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71563-71564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29507]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 237
Defense Federal Acquisition Regulation Supplement; Services of
Senior Mentors (DFARS Case 2010-D025)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement DoD policy on
the services of senior mentors.
DATES: Effective: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302,
Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060
Defense Pentagon, Room 3B855, Washington, DC 20301-3060.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case is implementing the DoD policy on the services of
senior mentors. These policies are set forth in two memoranda:
Secretary of Defense Memorandum entitled ``Policy on
Senior Mentors,'' dated April 1, 2010; and
Deputy Secretary of Defense Memorandum entitled
``Implementation Guidance on Senior Mentor Policy,'' dated July 8,
2010.
This case is being published as a final rule because the policy
changes have already been established by the Secretary of Defense and
the Deputy Secretary of Defense in their policy memoranda. The DFARS
language incorporated by this rule is implementing the policy
established in the memoranda, which impacts internal DoD operations
with no impact on the public. Therefore, publication for public
comments is not necessary.
II. Discussion
Senior mentors are retired flag, general, or other military
officers or retired senior civilian officials who provide expert
experience-based mentoring, teaching, training, advice, and
recommendations to senior military officers, staff, and students as
they participate in war games, warfighting courses, operational
planning, operational exercises, and decision-making exercises. The
relevant prior service, joint force experience, and
[[Page 71564]]
unique expertise of senior mentors provide senior leadership with
valuable insights and contribute to the continuous improvement of the
DoD operations.
Because of DoD's increased need for senior mentors to participate
in warfighting exercises and its desire to promote public trust and
confidence in the integrity of its programs and operations, the
Secretary has directed the adoption of a uniform hiring process that
will provide consistency and transparency to the senior mentor program.
Specifically, the Secretary has directed that all requirements for
senior mentor services must be satisfied by employing senior mentors as
``highly qualified experts,'' a type of civil service position under 5
U.S.C. 9903. As highly qualified experts, senior mentors will be
subject to applicable Federal personnel and ethics laws and
regulations.
Therefore, DoD will not use the authority of 5 U.S.C. 3109 or 10
U.S.C. 129(b) to enter into personal services contracts with senior
mentors or otherwise contract for the services of senior mentors. This
final rule implements the Secretary's policy by adding a prohibition
against contracting for the services of senior mentors at DFARS
237.102-73.
III. Executive Order 12866
This is not a significant regulatory action and, therefore, is not
subject to review under section 6(b) of Executive Order 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. This
rule will not have a significant economic impact upon a substantial
number of small entities because this final rule does not constitute a
significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR
1.501 and does not require publication for public comment. The rule is
internal to DoD and does not impose any requirements on small
businesses. Therefore, a regulatory flexibility analysis has not been
performed.
V. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does not contain any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C., et
seq.
List of Subjects in 48 CFR Part 237
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 237 is amended as follows:
PART 237--SERVICE CONTRACTING
0
1. The authority citation for 48 CFR part 237 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
0
2. Section 237.101 is amended by adding the definition for ``senior
mentor'' in alphabetical order as follows:
237.101 Definitions.
* * * * *
``Senior mentor'' means a retired flag, general, or other military
officer or retired senior civilian official who provides expert
experience-based mentoring, teaching, training, advice, and
recommendations to senior military officers, staff, and students as
they participate in war games, warfighting courses, operational
planning, operational exercises, and decision-making exercises.
0
3. Section 237.102-73 is added as follows:
237.102-73 Prohibition on contracts for services of senior mentors.
DoD is prohibited from entering into contracts for the services of
senior mentors. See PGI 237.102-73 for references to DoD policy and
implementation guidance.
[FR Doc. 2010-29507 Filed 11-23-10; 8:45 am]
BILLING CODE 5001-08-P