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DoD Finalizes Rule Prohibiting Contractor Interrogations

The Department of Defense has finalized, without change, an interim rule (70,016.606, DFARS Case 2010-D02) that amended the Defense Federal Acquisition Regulation Supplement to implement section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (PL 111-84), which prohibits contractor personnel from interrogating detainees under the control of DoD. The interim rule added DFARS 237.173, Prohibition on interrogation of detainees by contractor personnel, which consists of five subsections. Under new DFARS 237.173-3, Policy, no detainee may be interrogated by contractor personnel. However, contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, and information technology technicians, and in ancillary positions such as trainers of and advisors to interrogators, if the personnel meet the criteria provided by DoD Instruction 1100.22, Policy and Procedures for Determining Workforce Mix (http://www.dtic.mil/whs/directives/corres/pdf/110022p.pdf), DoD Directive 2310.01E, The Department of Defense Detainee Program (http://www.dtic.mil/whs/directives/corres/pdf/231001p.pdf), and DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning (http://www.dtic.mil/whs/directives/corres/pdf/311509p.pdf).

Waiver Provision

A waiver provision, DFARS 237.173-4, allows the Secretary of Defense to waive the prohibition for up to 60 days, if necessary to the national security interests of the United States, and to renew the waiver for an additional 30 days. The interim rule also included a scope provision (DFARS 237.173-1), a definitional provision (DFARS 237.173-2), and a prescription (DFARS 237.173-5) for a new contract clause (DFARS 252.237-7010), Prohibition on Interrogation of Detainees by Contractor Personnel. Finally, the interim rule made conforming changes to the clauses at DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, and DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts). The effective date of the final rule is July 25, 2011. For the text of the rule, see 70,016.659.




(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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