OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON DC 20301-3000

DP(DAR)

MEMORANDUM FOR DIRECTORS OF DEFENSE AGENCIES

SUBJECT: Contractor Use of Nonimmigrant Aliens- -Guam

We have amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 390 of the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 105-85), which requires that base operations support contracts performed on Guam prohibit performance of any work under the contract by any alien worker issued a visa or otherwise provided nonimmigrant status under Section 101(a) (18) (H) (ii) of the Immigration and Nationality Act (S U.S.C. 1101(a) (15) (H) (ii)).

The attached interim DFARS rule is effective immediately and will he included in a future Defense Acquisition Circular.

Attachment

Subpart 222.73--Base Operations Support for Military Installations on Guam

Sec.

222.7300 Scope of subpart.

222.7301 General.

222.7302 Contract clause.

222.7300 Scope of subpart.

(1) Are to be performed on Guam; and

(2) Are entered into or modified on or after November 18, 1997.

222.7301 General.

Work under a contract for base operations support on Guam may not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).

222.7302 Contract clause.

Use the clause at 252.222-7005, Prohibition on Use of Nonimmigrant Aliens--Guam, in all solicitations and contracts subject to this subpart.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

3. Section 252.222-7005 is added to read as follows:

252.222-7005 Prohibition on Use of Nonimmigrant Aliens--Guam.

As prescribed in 222.7302, use the following clause:

PROHIBITION ON USE OF NONIMMIGRANT ALLIENS--GUAM (Jun 1998)

The work required by this contract shall not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).

(End of clause)