[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36883-36884]
From the Federal Register Online via the Government Publishing 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]
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