DFARS CHANGE NOTICE 19990819

[Federal Register: August 19, 1999 (Volume 64, Number 160)]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 252

[DFARS Case 99-D006]

Defense Federal Acquisition Regulation Supplement; Oral Attestation of Security Responsibilities

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add a requirement for contractor employees that are cleared for access to certain classified information to attest orally that they

will comply with the security requirements associated with the information.

EFFECTIVE DATE: August 19, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-4245; telefax (703) 602-0350. Please cite DFARS Case 99-D006.

SUPPLEMENTARY INFORMATION:

A. Background

This rule adds a new clause at DFARS 252.204-7005 for use in contracts requiring access to classified information. The new clause requires contractor employees that are cleared for access to Top Secret, Special Access Program, or Special Compartmented Information to attest orally that they will conform to the conditions and responsibilities imposed by law or regulation on those granted access to such information.

A proposed rule was published in the Federal Register on March 25, 1999 (64 FR 14424). Six sources submitted comments on the proposed rule. DoD considered all comments in the development of the final rule. This rule was not subject to Office of Management and Budget review under Executive order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

DoD certifies that this final rule will not 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 conditions and responsibilities addressed in the oral attestation are conditions and responsibilities that already are placed on contractor personnel granted access to classified information. Any contractor costs related to compliance with the rule should be included in the contract price.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204 and 252

Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 204 and 252 are amended as follows:

PART 204--ADMINISTRATIVE MATTERS

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Subpart 204.4--Safeguarding Classified Information Within Industry

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204.404-70 Additional contract clauses.

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[(c) Use the clause at 252.204-7005, Oral Attestation of Security Responsibilities, in solicitations and contracts that include the clause at FAR 52.204-2, Security Requirements.]

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PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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Subpart 252.2--Text of Provisions and Clauses

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[252.204-7005 Oral Attestation of Security Responsibilities.

ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (AUG 1999)

Reading aloud the first paragraph of Standard Form 312, Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP, or SCI may attest orally to their security responsibilities when being briefed into a new program or during their annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.

(b) If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access to classified information and shall submit a report to the Contractor's security activity.

(End of clause)]

[Federal Register: August 19, 1999 (Volume 64, Number 160)]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF DEFENSE

48 CFR Parts 204, 219, AND 253

[DFARS Case 99-D011/98-D017]

Defense Federal Acquisition Regulation Supplement; Fiscal Year 2000 Contract Action Reporting Requirements

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address contract action reporting requirements for fiscal year 2000. The rule makes changes to the Individual Contracting Action Report and the Monthly Contracting Summary of Actions $25,000 or less.

EFFECTIVE DATE: October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition

Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-4245; telefax (703) 602-0350. Please cite DFARS Case 99-D011/98-D017.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule contains fiscal year 2000 requirements for completion of DD Form 350, Individual Contracting Action Report, and DD Form 1057, Monthly Contracting Summary of Actions $25,000 or less. DoD uses these forms to collect statistical data on its contracting

actions. This rule adds requirements for reporting of contracting actions with HUBZone small business concerns and very small business concerns; actions under Federal Supply Schedule contracts and fixed-price-award-fee contracts; and actions that support contingency,

humanitarian, or peacekeeping operations.

DD Forms 350 and 1057, and other forms prescribed by the DFARS, are not included in the Code of Federal Regulations, The forms are available electronically via the World Wide Web at http://web1.whs.osd.mil/icdhome/forms.htm

This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

This final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577 and publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 99-D011/98-D017.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204, 219, and 253

Government procurement.Michele P. Peterson,Executive Editor, Defense Acquisition Regulations Council.

Therefore, 48 CFR Parts 204, 219, and 253 are amended as follows:

PART 204-ADMINISTRATIVE MATTERS

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SUBPART 204.6-CONTRACT REPORTING

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204.670-2 Reportable contracting actions.

(ii) Foreign military sales;

(iii) Orders or modifications under Federal schedules;

(iv) Actions with government agencies;

(v) Actions with non-U.S. business firms; and

(vi) Actions where the place of performance is other than the United States and its outlying areas.]

(2) Actions that obligate or deobligate more than $25,000, but not more than $200,000, and support-

(i) A contingency operation as defined in 10 U.S.C. 101(a)(13); or

(ii) A humanitarian or peacekeeping operation as defined in 10 U.S.C. 2302(7).]

(c) Summarize on the monthly DD Form 1057, in accordance with the instructions in 253.204-71(a)(3), contracting actions that-

agreements];[.]

* * * * *

204.670-9 Reporting of individual contracting actions of $25,000 or less.

Under the Small Business Competitiveness Demonstration Program (see FAR Subpart 19.10), contracting actions of $25,000 or less in four designated industry groups must be reported in the same manner as if the action were in excess of $25,000.

(1) Contracting actions of $500 or less.

(2) Foreign military sales.

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PART 219-SMALL BUSINESS PROGRAMS

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SUBPART 219.10-SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM

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219.1006 Procedures.

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(d) Reporting requirements are at 204.670-9[2].

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PART 253-FORMS

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SUBPART 253.2--PRESCRIPTION OF FORMS

253.204 Administrative matters.

253.204-70 DD Form 350, Individual Contracting Action Report.

Policy on use of a DD Form 350 is in 204.670-2. This subsection 253.204-70 contains instructions for completion of Parts A through F of the DD Form 350. Paragraph (g) of this subsection contains special instructions for completing a DD Form 350 for an action of $25,000 or less under the Small Business Competitiveness Demonstration Program.

[(2)] For all actions with UNICOR/Federal Prison Industries, use DUNS number 62-662-7459.

[(3) For U.S. Army Contracting Command, Europe, consolidated reporting of vouchers for utilities from municipalities, use DUNS number 15-390-6193 (see 204.670-6(b)(1)).]

[(1)] Enter code 3 when the contracting action is the award or modification of a definitive contract or a modification that definitizes a contract. Code 3 includes the following:

[(A) The action resulted from a solicitation issued on or after April 1, 1985, or is a modification coded A in Block B13D issued on or after April 1, 1985; and

(B) Neither code C nor code D applies.]

Commercial Items.

[(A) BLOCK D1A, TYPE OF ENTITY.] Enter one of the following codes:

(1)] t[T]he [contractor's] response to FAR 52.204-5, 52.212-3(c), or 52.219-1(b) indicates that it is a women-owned business[; or

(2) Block B13A is coded 6 and the Federal schedule indicates that the contractor is a women-owned business].

(2) Block B13A is coded 6 and the Federal schedule indicates that the contractor is not a women-owned business].

[(i) Enter code Y in Block E1 if the contracting action exceeds $200,000 and is in support of-

(A) A contingency operation as defined in 10 U.S.C. 101(a)(13); or

(B) A humanitarian or peacekeeping operation as defined in 10 U.S.C. 2302(7).

(ii) Otherwise, leave Block E1 blank.]

253.204-71 DD Form 1057, Monthly Contracting Summary of Actions $25,000 or Less.

* * * * *

(i) Enter the total number and dollar value of contracting actions that were awarded to HUBZone small business concerns in each of the following categories:

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