Government Contracts Rule Repeals DFARS Contractor Employee Clause
Thursday, September 13, 2018

Rule Repeals DFARS Contractor Employee Clause

By Government Contracts Editorial Staff

The Department of Defense has issued a final rule (DFARS Case 2018-D042) amending the Defense Federal Acquisition Regulation Supplement to remove the clause at DFARS 252.247-7006, Removal of Contractor’s Employees, and the associated prescription at DFARS 247.270-4. The clause served as an agreement from the contractor to use only experienced, responsible, and capable people to perform the work under stevedoring contracts. The information conveyed in DFARS 252.247-7006 was directly related to performance of the work under a stevedoring contract. It is more appropriate to define what the government considers an experienced, responsible, and capable employee to be in a performance work statement, not a contract clause, because those requirements may change depending on various factors of the work being performed. This change supports a recommendation from the DoD Regulatory Reform Task Force. The text of the rule, which has an August 24, 2018, effective date, appears at ¶70,016.951.

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