[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