[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4362-4364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02525]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 212, and 252
[Docket DARS-2018-0038]
RIN 0750-AJ45
Defense Federal Acquisition Regulation Supplement: Antiterrorism
Training Requirements for Contractors (DFARS Case 2017-D034)
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 the requirement
for contractors to complete Level I antiterrorism awareness training.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara J. Trujillo, telephone
571-372-6102.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
42820 on August 24, 2018, to revise the DFARS to implement the
antiterrorism training requirements for contractors provided in DoD
Instruction (DoDI) O-2000.16, Volume 1, DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards (available at http://www.esd.whs.mil/Directives/issuances/dodi/). The rule will ensure contractors, who as a
condition of contract performance require routine physical access to a
Federally-controlled facility or military installation, are aware of
the requirement for contractor personnel to complete Level I DoD
antiterrorism awareness training. Routine physical access is considered
more than intermittent access, such as when a contractor employee is
required to obtain a Common Access Card. The training is required
within 30 days of requiring access and annually thereafter and must be
completed either through DoD-sponsored and certified computer or web-
based distance learning instruction, or under the instruction of a
qualified Level I antiterrorism awareness instructor.
There were no public comments submitted in response to the proposed
rule. There are no changes made to the final rule with regard to public
comments; however, there are some minor editorial revisions
incorporated. The definition of ``military installation'' at DFARS
204.7201, Definitions, and the clause at 252.204-7004, DoD
Antiterrorism Awareness Training for Contractors, is updated to reflect
more precisely the statutory definition at 10 U.S.C. 2801(c)(4) to
address activities in a foreign country. Additionally, the clause is
updated to reflect the current secured weblink of https://jko.jten.mil/
for information and guidance pertaining to the DoD antiterrorism
awareness training. These minor editorial updates are administrative
and have no effect on the public.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule creates a new DFARS clause 252.204-7004, Antiterrorism
Awareness Training for Contractors, to advise DoD contractors of the
requirement for its employees (and those of its subcontractors, if
applicable) to complete Level I antiterrorism awareness training within
30 days of requiring access and annually thereafter, if, as a condition
of contract performance require routine physical access to a Federally-
controlled facility or a military installation. DoD plans to apply this
clause to solicitations and contracts below the simplified acquisition
threshold and to the procurement of commercial items, including
commercially available off-the-shelf items (as defined in Federal
Acquisition Regulation 2.101). This is necessary in order to reach as
wide an audience as possible to ensure contractor personnel who are
required to have routine physical access to a Federally-controlled
facility or military installation are aware of this training
requirement.
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
[[Page 4363]]
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. Executive Order 13771
This final rule is not an E.O. 13771 regulatory action, because
this rule is not significant under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule is necessary to implement the requirements of DoD
Instruction O-2000.16, Volume 1, DoD Antiterrorism (AT) Program
Implementation: DoD AT Standards, to ensure that contractors complete
Level I antiterrorism awareness training. The objective of this final
rule is to ensure contractor personnel who, as a condition of contract
performance, require routine physical access to a Federally-controlled
facility or military installation are aware of terrorism threats and
the proper responses to threat actions. In recent years, there have
been terrorist events directed at Federally-controlled facilities and
military installation and all personnel that routinely access those
facilities need to be aware of the threat.
There were no issues raised by the public in response to the
initial regulatory flexibility analysis provided in the proposed rule.
It is expected that contracts that contain the clause at Federal
Acquisition Regulation (FAR) 52.204-9, Personal Identity Verification
of Contractor Personnel, are contracts that would require contractor
personnel to have routine physical access to Federally-controlled
facilities or military installations. According to data available in
the Electronic Data Access system, in fiscal year 2017, DoD awarded
137,106 contracts containing the clause at FAR 52.204-9 to 15,814
businesses, of which 10,837 (68.5 percent) were to small businesses.
Common Access Cards (CAC) are issued to contractors who require routine
physical access to a Federally-controlled facility or military
installation. There are currently 507,665 contractors that hold CAC
cards.
The rule does not impose any reporting or recordkeeping
requirements.
There are no known alternative approaches that would accomplish the
stated objectives. The impact is not expected to be significant,
because current contractor employees who hold a CAC have already
completed the requisite training and the cost of training new
contractor personnel is at the expense of the Department. The time
allotted for the training is approximately two hours per year. The
training will provide safety awareness and precautionary measures that
will benefit contractor personnel requiring routine physical access to
a Federally-controlled facilities or military installations. This
awareness not only benefits the contractor personnel, but also DoD
civilians, military, and its assets.
VI. 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 204, 212, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 204, 212, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Add subpart 204.72, consisting of 204.7200 through 204.7203, to read
as follows:
SUBPART 204.72--ANTITERRORISM AWARENESS TRAINING
Sec.
204.7200 Scope of subpart.
204.7201 Definition.
204.7202 Policy.
204.7203 Contract clause.
Subpart 204.72--Antiterrorism Awareness Training
204.7200 Scope of subpart.
This subpart provides policy and guidance related to antiterrorism
awareness training for contractor personnel who require routine
physical access to a Federally-controlled facility or military
installation.
204.7201 Definition.
As used in this subpart--
Military installation means a base, camp, post, station, yard,
center, or other activity under the jurisdiction of the Secretary of a
military department or, in the case of an activity in a foreign
country, under the operational control of the Secretary of a military
department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
204.7202 Policy.
It is DoD policy that--
(a) Contractor personnel who, as a condition of contract
performance, require routine physical access to a Federally-controlled
facility or military installation are required to complete Level I
antiterrorism awareness training within 30 days of requiring access and
annually thereafter; and
(b) In accordance with Department of Defense Instruction O-2000.16,
Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT
Standards, Level I antiterrorism awareness training may be completed--
(1) Through a DoD-sponsored and certified computer or web-based
distance learning instruction for Level I antiterrorism awareness; or
(2) Under the instruction of a qualified Level I antiterrorism
awareness instructor.
204.7203 Contract clause.
Include the clause at 252.204-7004, DoD Antiterrorism Awareness
Training for Contractors, in solicitations and contracts, including
solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial items, when contractor personnel require
routine physical access to a Federally-controlled facility or military
installation.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 212.301 by--
0
a. Redesignating paragraphs (f)(ii)(A) through (F) as paragraphs
(f)(ii)(B) through (G), respectively; and
0
b. Adding new paragraph (f)(ii)(A).
The addition reads as follows:
[[Page 4364]]
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(f) * * *
(ii) * * *
(A) Use the clause at 252.204-7004, Antiterrorism Awareness
Training for Contractors, as prescribed in 204.7203.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 252.204-7004 to read as follows:
252.204-7004 Antiterrorism Awareness Training for Contractors.
As prescribed in 204.7203, use the following clause:
Level I Antiterrorism Awareness Training for Contractors (FEB 2019)
(a) Definition. As used in this clause--
Military installation means a base, camp, post, station, yard,
center, or other activity under the jurisdiction of the Secretary of
a military department or, in the case of an activity in a foreign
country, under the operational control of the Secretary of a
military department or the Secretary of Defense (see 10 U.S.C.
2801(c)(4)).
(b) Training. Contractor personnel who require routine physical
access to a Federally-controlled facility or military installation
shall complete Level I antiterrorism awareness training within 30
days of requiring access and annually thereafter. In accordance with
Department of Defense Instruction O-2000.16 Volume 1, DoD
Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I
antiterrorism awareness training shall be completed--
(1) Through a DoD-sponsored and certified computer or web-based
distance learning instruction for Level I antiterrorism awareness;
or
(2) Under the instruction of a Level I antiterrorism awareness
instructor.
(c) Additional information. Information and guidance pertaining
to DoD antiterrorism awareness training is available at https://jko.jten.mil/ or as otherwise identified in the performance work
statement.
(d) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (d), in subcontracts,
including subcontracts for commercial items, when subcontractor
performance requires routine physical access to a Federally-
controlled facility or military installation.
(End of clause)
[FR Doc. 2019-02525 Filed 2-14-19; 8:45 am]
BILLING CODE 5001-06-P