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:[sol][sol]www.constitution.org/mil/ucmj19970615.htm). DoDD 6495.01, "Sexual Assault Prevention and Response Program," is available at http:[sol][sol]www.dtic.mil/whs/directives/corres/pdf/649501p.pdf.