[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]


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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.

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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