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Rule Requiring Safety Inspections for DoD Facilities Finalized

The Department of Defense has adopted as final, without change, an interim rule (70,016.604, DFARS Case 2009-D029) that amended the Defense Federal Acquisition Regulation Supplement to implement Section 807 of the National Defense Authorization Act for Fiscal Year 2010 (PL 111-84). Under Section 807, facilities, infrastructure, and equipment that are intended for use by DoD military or civilian personnel in current or future military operations should be inspected for safety and habitability prior to use, and should be brought into compliance with generally accepted standards for the safety and health of personnel to the maximum extent practicable consistent with the requirements of military operations and the best interests of DoD. The interim rule implemented the provision at new DFARS 246.270, Safety of Facilities, Infrastructure, and Equipment for Military Operations, which consists of four new subsections. Under new DFARS 246.270-2, Policy, contracts and orders for construction, installation, repair, maintenance, and operation of facilities must require compliance with Unified Facilities Criteria 1-200-01 and its standards to meet generally accepted standards for fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks. To ensure safety and habitability, inspections must occur prior to use. New DFARS 246.270-1, Scope, limits the scope of the requirement to current or future military operations performed outside the United States, Guam, Puerto Rico, and the Virgin Islands; new DFARS 246.270-3, Exceptions, allows the combatant commander to waive compliance with any standards when compliance is impracticable under prevailing operational conditions; and DFARS 246.270-4, Contract clause, prescribes the use of a new clause, DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations. The interim rule also added a definition of "Discipline Working Group" at DFARS 246.101 and made a conforming change to the clause at DFARS 252.212-7001. DoD received no comments on the interim rule. For the text of the final rule, which carries an effective date of March 17, 2011, see 70,016.633.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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