Definition of Sexual Assault (DFARS Case 2010-D023)

Summary:

DCN 20110629 includes a final rule to the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure contractor employees accompanying U.S. Armed Forces are made aware of the DoD definition of sexual assault as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response Program, and that many of the offenses addressed in the definition are covered under the Uniform Code of Military Justice.

Further, sexual assault offenses in the definition, which are not covered by the Uniform Code of Military Justice, may nevertheless have consequences to contractor employees under DFARS clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

Supplementary Information:

I.  Background

DoD Inspector General audit D-2010-052, entitled "Efforts to Prevent Sexual Assault/Harassment Involving DoD Contractors During Contingency Operations," dated April 16, 2010, provided recommendations for the Under Secretary of Defense for Acquisition, Technology, and Logistics to develop requirements in all DoD contracts supporting contingency operations to ensure contractor employees accompanying U.S. Armed Forces are aware of the definition of "sexual assault."

A proposed rule was published in the Federal Register at 75 FR 73997, on November 30, 2010. That rule proposed adding at DFARS 252.225-7040(d)(3) a new requirement for compliance with laws and regulations. The proposed change required the contractor to ensure that contractor employees accompanying U.S. Armed Forces be aware of the DoD definition of "sexual assault" as defined in DoD Directive (DoDD) 6495.01, "Sexual Assault Prevention and Response Program." The rule also proposed to also inform contractor employees accompanying U.S. Armed Forces, that such offenses in the definition are covered under the Uniform Code of Military Justice, Title 10, Chapter 47 (http://www.constitution.org/mil/ucmj19970615.htm). DoDD 6495.01, "Sexual Assault Prevention and Response Program," is available at http://www.dtic.mil/whs/directives/corres/pdf/649501p.pdf.

II. Discussion and Analysis

Two respondents submitted positive comments in response to the proposed rule. These respondents supported DoD's inclusion of the reference to this definition in the clause at 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

Dates:

The Effective Date for this final rule is 29 June 2011.

Click here to read the entire Federal Register notice for this rule.