[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Proposed Rules]
[Pages 43756-43757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20750]



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DEPARTMENT OF DEFENSE

48 CFR Parts 204, 223, and 252

[DFARS Case 95-D001]


Defense Federal Acquisition Regulation Supplement; Safeguarding 
Sensitive Conventional Arms, Ammunition, and Explosives

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comment.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to provide 
guidance on physical security requirements for contracts involving 
sensitive conventional arms, ammunition, and explosives (AA&E).

DATES: Comment date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before October 23, 1995, to 
be considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: R.G. Layser, PDUSD (A&T) 
DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. 
Telefax number (703) 602-0350. Please cite DFARS Case 95-D001 in all 
correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Rick Layser, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
    DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, 
Ammunition, and Explosives, prescribes standards and criteria intended 
to protect against loss or theft of sensitive conventional AA&E in the 
custody of DoD components or DoD contractors. This rule proposes 
amendments to the DFARS to provide guidance for the incorporation of 
the requirements of DoD 5100.76-M in DoD contracts.
B. Regulatory Flexibility Act
    The proposed rule is not expected 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 
merely provides a standard method of implementing security requirements 
which already exist under DoD 5100.76-M. An initial regulatory 
flexibility analysis has therefore not been performed. Comments are 
invited from small businesses and other interested parties. Comments 
from small entities concerning the affected DFARS subparts will be 
considered in accordance with Section 610 of the Act. Such comments 
must be submitted separately and cite DFARS Case 95-D001 in 
correspondence.
C. Paperwork Reduction Act
    The Paperwork Reduction Act applies. A request for approval of the 
information collection has been submitted to the Office of Management 
and Budget.

List of Subjects in 48 CFR Parts 204, 223, and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 204, 223, and 252 are proposed to be 
amended as follows:

[[Page 43757]]


PART 204--ADMINISTRATIVE MATTERS

    1. The authority citation for 48 CFR Parts 204, 223, and 252 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
    2. Section 204.202 is amended by adding paragraph (1)(v) to read as 
follows:


204.202  Agency distribution requirements.

    (1) * * *
    (v) One copy, or an extract of the pertinent information, to the 
cognizant Defense Investigative Service office listed in DoD 5100.76-M, 
Physical Security of Sensitive Conventional Arms, Ammunition, and 
Explosives, when the clause at 252.223-7XXX, Safeguarding Sensitive 
Conventional Arms, Ammunition, and Explosives, is included in the 
contract.
* * * * *

PART 223--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    3. Subpart 223.72 is added to read as follows:

Subpart 223.72--Safeguarding Sensitive Conventional Arms, 
Ammunition, and Explosives


223.7200  Definition.

    Arms, ammunition, and explosives (AA&E), as used in this subpart, 
is defined in the clause at 252.223-7XXX, Safeguarding Sensitive 
Conventional Arms, Ammunition, and Explosives.


223.7201  Policy.

    (a) The requirements of DoD 5100.76-M, Physical Security of 
Sensitive Conventional Arms, Ammunition, and Explosives, shall be 
applied to contracts when--
    (1) AA&E will be provided to the contractor or subcontractor as 
Government-furnished property; or
    (2) The principal development, production, manufacture, or purchase 
of AA&E is for DoD use.
    (b) The requirements of DoD 5100.76-M need not be applied to 
contracts when--
    (1) The AA&E to be acquired under the contract is commercially 
available; or
    (2) The contract will be performed in a Government-owned 
contractor-operated ammunition production facility. However, if 
subcontracts issued under such a contract will meet the criteria of 
paragraph (a) of this section, the requirements of DoD 5100.76-M shall 
apply.


223.7202  Preaward responsibilities.

    When an acquisition involves AA&E, technical or requirements 
personnel shall specify in the purchase request--
    (a) That AA&E is involved; and
    (b) Which physical security requirements of DoD 5100.76-M apply.


223.7203  Contract clause.

    Use the clause at 252.223-7XXX, Safeguarding Sensitive Conventional 
Arms, Ammunition, and Explosives, in all solicitations and contracts to 
which DoD 5100.76-M applies, in accordance with the policy at 223.7201. 
Complete paragraph (b) of the clause base on information provided by 
cognizant technical or requirements personnel.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 252.223-7XXX is added to read as follows:


252.223-7XXX  Safeguarding Sensitive Conventional Arms, Ammunition, and 
Explosives.

    As prescribed in 223.7203, use the following clause:

Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives 
(Date)

    (a) Definition. Arms, ammunition, and explosives (AA&E), as used 
in this clause, means those items covered within the scope of DoD 
5100.76-M, Physical Security of Sensitive Conventional Arms, 
Ammunition, and Explosives.
    (b) The requirements of DoD 5100.76-M apply to the following 
items of AA&E being developed, produced, manufactured, or purchased 
for the Government, or provided to the Contractor as Government-
furnished property, under this contract:

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                                                 National               
                 Nomenclature                     stock     Sensitivity/
                                                  number      Category  
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    (c) The Contractor shall comply with the requirements of DoD 
5100.76-M, as specified in the statement of work. The edition of DoD 
5100.76-M in effect on the date of issuance of the solicitation for 
this contract shall apply.
    (d) The Contractor shall allow representatives of the Defense 
Investigative Service (DIS), and representatives of other 
appropriate offices of the Government, access at all reasonable 
times into its facilities and those of its subcontractors, for the 
purpose of performing surveys, inspections, and investigations 
necessary to review compliance with the physical security standards 
applicable to this contract.
    (e) The Contractor shall notify the cognizant DIS field office 
of any subcontract involving AA&E within 10 days after award of the 
subcontract.
    (f) The Contractor shall ensure that the requirements of this 
clause are included in all subcontracts, at every tier--
    (1) For the development, production, manufacture, or purchase of 
AA&E or
    (2) When AA&E will be provided to the subcontractor as 
Government-furnished property.
    (g) Nothing in this clause shall relieve the Contractor of its 
responsibility for complying with applicable Federal, state, and 
local law, ordinances, codes, and regulations (including 
requirements for obtaining licenses and permits) in connection with 
the performance of this contract.

(End of clause)

[FR Doc. 95-20750 Filed 8-22-95; 8:45 am]
BILLING CODE 5000-04-M