[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 69282-69283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27314]



Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AI12

Defense Federal Acquisition Regulation Supplement: Removal of 
DFARS Coverage on Contractors Performing Private Security Functions 
(DFARS Case 2013-D037)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


[[Page 69283]]

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove coverage on 
contractors performing private security functions that is now covered 
in the FAR.

DATES: Effective November 18, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, telephone 571-


I. Background

    DoD implemented section 862 of the National Defense Authorization 
Act (NDAA) for Fiscal Year (FY) 2008 (Pub. L. 110-181), as amended by 
section 853 of the NDAA for FY 2009 (Pub. L. 110-417) and sections 831 
and 832 of the NDAA for FY 2011 (Pub. L. 111-383), at DFARS section 
225.370 and the clause at 252.225-7039, both entitled ``Contractors 
Performing Private Security Functions.'' The DFARS interim rule was 
published at 76 FR 52133, effective August 19, 2011, and the final rule 
was published at 77 FR 35883 on June 15, 2012.
    These same statutory provisions were subsequently implemented in 
the FAR at 25.302 and 52.225-26, both entitled ``Contractors Performing 
Private Security Functions Outside the United States,'' in FAC 2005-
067, issued June 21, 2013. The FAR changes regarding private security 
contractors were effective on July 22, 2013 (see 78 FR 37670). 
Therefore, there is no need to retain the duplicative DFARS coverage 
applicable solely to DoD.
    This final rule removes DFARS 225.370 and the clause at 252.225-
7039, effective upon publication. In all applicable cases (see FAR 
25.302-3, Applicability), the FAR shall be used.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because DFARS 225.370 and the clause at 252.225-7039 are duplicative of 
the FAR. Using the FAR clause instead of the DFARS clause should, in 
effect, be transparent to contractors because the requirements are the 
same for both clauses.

III. 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    This rule affects the information collection requirements in the 
provisions at DFARS 225.370 and 252.225-7039, currently approved under 
OMB Control Number 0704-0460, titled Synchronized Predeployment and 
Operational Tracker (SPOT) System, in accordance with the Paperwork 
Reduction Act (44 U.S.C. chapter 35). The information collection 
requirements associated with OMB 0704-0460 are broader than those 
applicable only to private security contractors, and the majority of 
the 0704-0460 requirements (i.e., those not associated with private 
security contractors) will continue to apply to DoD contractors under 
the clause at DFARS 252.225-7040. The information collection 
requirements associated with contractor employees performing private 
security functions will continue to apply to DoD contracts in 
accordance with the clause at FAR 52.225-26 (which cites to OMB 0704-
0460). The information collection requirements for private security 
contractors under contracts with non-DoD agencies are addressed under a 
separate information collection, 9000-0180. There is no net impact of 
this final rule on the information collection requirements for OMB 

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR Chapter 1.


225.370  [Removed]

2. Remove section 225.370.


252.225-7039  [Removed and Reserved]

3. Remove and reserve section 252.225-7039.

[FR Doc. 2013-27314 Filed 11-15-13; 8:45 am]