[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Rules and Regulations]               
[Page 71563-71564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no10-19]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 237

 
Defense Federal Acquisition Regulation Supplement; Services of 
Senior Mentors (DFARS Case 2010-D025)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement DoD policy on 
the services of senior mentors.

DATES: Effective: November 24, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302, 
Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 
Defense Pentagon, Room 3B855, Washington, DC 20301-3060.

SUPPLEMENTARY INFORMATION: 

I. Background

    This DFARS case is implementing the DoD policy on the services of 
senior mentors. These policies are set forth in two memoranda:
     Secretary of Defense Memorandum entitled ``Policy on 
Senior Mentors,'' dated April 1, 2010; and
     Deputy Secretary of Defense Memorandum entitled 
``Implementation Guidance on Senior Mentor Policy,'' dated July 8, 
2010.
    This case is being published as a final rule because the policy 
changes have already been established by the Secretary of Defense and 
the Deputy Secretary of Defense in their policy memoranda. The DFARS 
language incorporated by this rule is implementing the policy 
established in the memoranda, which impacts internal DoD operations 
with no impact on the public. Therefore, publication for public 
comments is not necessary.

II. Discussion

    Senior mentors are retired flag, general, or other military 
officers or retired senior civilian officials who provide expert 
experience-based mentoring, teaching, training, advice, and 
recommendations to senior military officers, staff, and students as 
they participate in war games, warfighting courses, operational 
planning, operational exercises, and decision-making exercises. The 
relevant prior service, joint force experience, and

[[Page 71564]]

unique expertise of senior mentors provide senior leadership with 
valuable insights and contribute to the continuous improvement of the 
DoD operations.
    Because of DoD's increased need for senior mentors to participate 
in warfighting exercises and its desire to promote public trust and 
confidence in the integrity of its programs and operations, the 
Secretary has directed the adoption of a uniform hiring process that 
will provide consistency and transparency to the senior mentor program. 
Specifically, the Secretary has directed that all requirements for 
senior mentor services must be satisfied by employing senior mentors as 
``highly qualified experts,'' a type of civil service position under 5 
U.S.C. 9903. As highly qualified experts, senior mentors will be 
subject to applicable Federal personnel and ethics laws and 
regulations.
    Therefore, DoD will not use the authority of 5 U.S.C. 3109 or 10 
U.S.C. 129(b) to enter into personal services contracts with senior 
mentors or otherwise contract for the services of senior mentors. This 
final rule implements the Secretary's policy by adding a prohibition 
against contracting for the services of senior mentors at DFARS 
237.102-73.

III. Executive Order 12866

    This is not a significant regulatory action and, therefore, is not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
rule will not have a significant economic impact upon a substantial 
number of small entities because this final rule does not constitute a 
significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR 
1.501 and does not require publication for public comment. The rule is 
internal to DoD and does not impose any requirements on small 
businesses. Therefore, a regulatory flexibility analysis has not been 
performed.

V. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does not contain any information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C., et 
seq.

List of Subjects in 48 CFR Part 237

    Government procurement.

Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.


0
Therefore, 48 CFR part 237 is amended as follows:

PART 237--SERVICE CONTRACTING

0
1. The authority citation for 48 CFR part 237 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR chapter 1.


0
2. Section 237.101 is amended by adding the definition for ``senior 
mentor'' in alphabetical order as follows:


237.101  Definitions.

* * * * *
    ``Senior mentor'' means a retired flag, general, or other military 
officer or retired senior civilian official who provides expert 
experience-based mentoring, teaching, training, advice, and 
recommendations to senior military officers, staff, and students as 
they participate in war games, warfighting courses, operational 
planning, operational exercises, and decision-making exercises.

0
3. Section 237.102-73 is added as follows:


237.102-73  Prohibition on contracts for services of senior mentors.

    DoD is prohibited from entering into contracts for the services of 
senior mentors. See PGI 237.102-73 for references to DoD policy and 
implementation guidance.

[FR Doc. 2010-29507 Filed 11-23-10; 8:45 am]
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