Rule: Federal Acquisition Regulation: Introduction, Federal Acquisition Circular 2005-24

Thursday,
February 28, 2008
Part IV
Department of
Defense
General Services
Administration
National Aeronautics
and Space
Administration
48 CFR Chapter 1 and CFR Parts 1, 2, 3,
et al.
Federal Acquisition Regulation; Final
Rules and Small Entity Compliance Guide
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10942 Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective dates and comment
Administration (NASA). dates, see separate documents, which
GENERAL SERVICES follow.
ADMINISTRATION ACTION: Summary presentation of rules.
FOR FURTHER INFORMATION CONTACT: The
NATIONAL AERONAUTICS AND SUMMARY: This document summarizes analyst whose name appears in the table
SPACE ADMINISTRATION the Federal Acquisition Regulation below in relation to each FAR case.
(FAR) rules agreed to by the Civilian Please cite FAC 2005–24 and the
48 CFR Chapter 1 Agency Acquisition Council and the specific FAR case numbers. For
Defense Acquisition Regulations information pertaining to status or
[Docket FAR–2007–0002, Sequence 10] Council in this Federal Acquisition publication schedules, contact the FAR
Circular (FAC) 2005–24. A companion Secretariat at (202) 501–4755.
Federal Acquisition Regulation;
document, the Small Entity Compliance
Federal Acquisition Circular 2005–24;
Guide (SECG), follows this FAC. The
Introduction
FAC, including the SECG, is available
AGENCIES: Department of Defense (DoD), via the Internet at http://
General Services Administration (GSA), www.regulations.gov.
LIST OF RULES IN FAC 2005–24

Item Subject FAR case Analyst
I ........... Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Con- 2005–011 Woodson.
sular Mission.
II .......... Numbered Notes for Synopses .................................................................................................... 2006–016 Woodson.
III ......... Trade Agreements—New Thresholds (Interim) ........................................................................... 2007–016 Murphy.
IV ......... New Designated Countries—Dominican Republic, Bulgaria, and Romania ............................... 2006–028 Murphy.
V .......... FAR Part 30—CAS Administration .............................................................................................. 2005–027 Loeb.
VI ......... Common Security Configurations ................................................................................................ 2007–004 Davis.
SUPPLEMENTARY INFORMATION: Item II—Numbered Notes for Synopses Item IV—New Designated Countries—
Summaries for each FAR rule follow. (FAR Case 2006–016) Dominican Republic, Bulgaria, and
For the actual revisions and/or Romania (FAR Case 2006–028)
This final rule amends the Federal
amendments to these FAR cases, refer to This final rule converts, without
Acquisition Regulation (FAR) to update
the specific item number and subject set change, the interim rule published in
and clarify policy for synopses of
forth in the documents following these the Federal Register at 72 FR 46357,
proposed contract actions and to delete
item summaries. August 17, 2007. No comments were
all references to Numbered Notes received in response to the interim rule.
FAC 2005–24 amends the FAR as (Notes) in the FAR and Federal Business The effective date of the rule was
specified below: Opportunities (FedBizOpps) electronic August 17, 2007. The interim rule
Item I—Contractor Personnel in a publication. The prescriptions for allowed contracting officers to purchase
Designated Operational Area or Numbered Notes were deleted from the the goods and services of the Dominican
Supporting a Diplomatic or Consular FAR in a former FAR case and Republic without application of the Buy
Mission (FAR Case 2005–011) transitioned from the Commerce American Act if the acquisition is
Business Daily to FedBizOpps actions. subject to the Free Trade Agreements.
This final FAR rule addresses the This transition resulted in other The threshold for applicability of the
issues of contractor personnel that are synopses-related changes that were not Dominican Republic-Central America-
providing support to the mission of the captured in the associated FAR language United States Free Trade Agreement is
United States Government in a revision. Additionally, the transition to $67,826 for supplies and services (the
designated operational area or the electronic FedBizOpps publication same as other Free Trade Agreements to
supporting a diplomatic or consular for solicitation and other date except Morocco, Bahrain, Israel,
mission outside the United States, but announcements rendered these Notes and Canada) and $7,443,000 for
are not authorized to accompany the obsolete or outdated. construction (the same as all other Free
U.S. Armed Forces. This final FAR rule Trade Agreements to date except
Item III—Trade Agreements—New NAFTA and Bahrain). The interim rule
clarifies that contractor personnel are
Thresholds (FAR Case 2007–016) also added Bulgaria and Romania to the
only authorized to use deadly force in
(Interim) list of World Trade Organization
self-defense or in the performance of
security functions, when use of such Government Procurement Agreement
This interim rule adjusts the countries wherever it appears.
force reasonably appears necessary to thresholds for application of the World
execute their security mission. The Trade Organization Government Item V—FAR Part 30—CAS
purpose and effect of the rule is to Procurement Agreement and the other Administration (FAR Case 2005–027)
relieve the perceived burden on Free Trade Agreements as determined This final rule amending the Federal
contractors operating without consistent
by the United States Trade Acquisition Regulation (FAR) to

guidance or a standardized clause in a Representative, according to a formula implement revisions to the regulations
contingency operation or otherwise set forth in the agreements. related to the administration of the Cost
risky environment. Accounting Standards (CAS). Among
other changes, the final rule streamlines
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations 10943
the process for submitting, negotiating, DEPARTMENT OF DEFENSE Supplement (DFARS) 225.7402 and the
and resolving cost impacts resulting clause at 252.225–7040.
from a change in cost accounting GENERAL SERVICES DoD, GSA, and NASA published a
practice or noncompliance with stated ADMINISTRATION proposed rule in the Federal Register at
practices. 71 FR 40681, July 18, 2006, under the
NATIONAL AERONAUTICS AND case title ‘‘Contractor Personnel in a
Item VI—Common Security SPACE ADMINISTRATION Theater of Operations or at a Diplomatic
Configurations (FAR Case 2007–004) or Consular Mission.’’ The public
48 CFR Parts 2, 7, 12, 25, and 52 comment period ended on September
This final rule amends the Federal 18, 2006. Because the FAR proposed
Acquisition Regulation to require [FAC 2005–24; FAR Case 2005–011; Item
I; Docket 2008–0001; Sequence 1]
rule and the DFARS interim rule under
agencies to include common security DFARS Case 2005–D013 are similar in
configurations in new information RIN 9000–AK42 many respects, the Councils reviewed
technology acquisitions, as appropriate. the comments on both rules together,
The revision reduces risks associated Federal Acquisition Regulation; FAR except for those issues that applied only
with security threats and vulnerabilities Case 2005–011, Contractor Personnel to the Department of Defense. The
and will ensure public confidence in the in a Designated Operational Area or Councils received 6 comments on the
confidentiality, integrity, and Supporting a Diplomatic or Consular FAR rule and 10 comments on the
availability of Government information. Mission DFARS rule.
This final rule requires agency AGENCIES: Department of Defense (DoD), The most widespread concern of
contracting officers to consult with the General Services Administration (GSA), respondents centered on the paragraph
requiring official to ensure the proper and National Aeronautics and Space in the clause that sets forth the law of
standards are incorporated in their Administration (NASA). war principles regarding use of deadly
requirements. force by contractors. There was strong
ACTION: Final rule.
objection to the perception that the U.S.
Dated: February 19, 2008. Government is now hiring contractors as
SUMMARY: The Civilian Agency
Al Matera, Acquisition Council and the Defense mercenaries. These comments on the
Director, Office of Acquisition Policy. Acquisition Regulations Council use of deadly force have been divided
(Councils) have agreed on a final rule into two categories: The right to self-
Federal Acquisition Circular defense, and private security
amending the Federal Acquisition
Regulation (FAR) in order to address the contractors.
Federal Acquisition Circular (FAC)
2005–24 is issued under the authority of issues of contractor personnel that are 1. Right to Self-Defense
the Secretary of Defense, the providing support to the mission of the
United States Government in a a. Distinction Between Self-Defense and
Administrator of General Services, and Combat Operations (Relates to FAR
the Administrator for the National designated operational area or
supporting a diplomatic or consular 52.225–19(B)(3)(I))
Aeronautics and Space Administration.
mission outside the United States, but Comment: One respondent states that
Unless otherwise specified, all are not authorized to accompany the there is an inherently vague line
Federal Acquisition Regulation (FAR) U.S. Armed Forces. between what constitutes ‘‘defense’’ and
and other directive material contained DATES: Effective Date: March 31, 2008. ‘‘attack’’ which is plainly crossed when
in FAC 2005–24 is effective February FOR FURTHER INFORMATION CONTACT: Mr.
the terms are applied in asymmetric
28, 2008, except for Items I, II, V, and Ernest Woodson, Procurement Analyst, warfare. It is clear, they say, that
VI which are effective March 31, 2008. at (202) 501–3775 for clarification of contractors employing self-defense
content. For information pertaining to measures would have to undertake a
Dated: February 14, 2008.
status or publication schedules, contact wide array of combat activities to assure
Shay D. Assad, their safety. They refer to these contracts
Director, Defense Procurement and the FAR Secretariat at (202) 501–4755.
as ‘‘Self Defense Contracts.’’
Acquisition Policy. Please cite FAC 2005–24, FAR case
Response: The FAR language
2005–011. recognizes that individuals have an
Dated: February 19, 2008.
SUPPLEMENTARY INFORMATION: inherent right to self-defense. The
David A. Drabkin,
Acting Chief Acquisition Officer & Senior A. Background language does not require self-defense,
Procurement Executive, Office of the Chief just authorizes it when necessary. It
This rule creates a new FAR Subpart does not authorize preemptive
Acquisition Officer, U.S. General Services 25.3 to address issues relating to
Administration. measures.
contracts performed outside the United
Dated: February 13, 2008. States, including new section 25.301, b. Whether the Right of Self-Defense
James A. Balinskas, Contractor personnel in a designated Should Be Modified to ‘‘Personal’’ Self-
Acting Assistant Administrator for operational area or supporting a Defense?
Procurement, National Aeronautics and diplomatic or consular mission outside Comment: One respondent
Space Administration. the United States. The rule also adds a recommends insertion of the word
[FR Doc. E8–3375 Filed 2–27–08; 8:45 am] new clause entitled ‘‘Contractor ‘‘personal’’ before ‘‘self-defense’’ in the
BILLING CODE 6820–EP–P
Personnel in a Designated Operational DFARS rule, stating that this will
Area or Supporting a Diplomatic or ‘‘clarify that civilians accompanying the
Consular Mission Outside the United force are authorized to use deadly force
States.’’ This clause will not apply to only in defense of themselves, rather
contractor personnel authorized to than the broader concept of unit self-
accompany the U.S. Armed Forces defense or preemptive self-defense.’’
because they are covered by the Defense Response: The Councils concluded
Federal Acquisition Regulations that this is not a problem in the FAR,

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LIST OF RULES IN FAC 2005–24

by the United States Trade Acquisition Regulation (FAR) to

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