[Federal Register Volume 68, Number 229 (Friday, November 28, 2003)]
[Rules and Regulations]
[Pages 66738-66740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29416]


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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

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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: 
[email protected]. 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