[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17265]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Parts 206, 222, 226, 237, and 252

 

Defense Federal Acquisition Regulation Supplement; Services at 
Installations Being Closed

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for public comments.

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SUMMARY: The Director of Defense Procurement is issuing an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to permit contracting with local governments for police, fire 
protection, airfield operation, or other community services. The 
interim rule adds a clause which restricts performance of such services 
to professional employees to the extent that professionals are 
available in the area under the jurisdiction of the local government.

DATES: Effective Date: July 8, 1994.
    Comment Date: Comments on the interim rule should be submitted to 
the address shown below on or before September 13, 1994 to be 
considered in formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to The 
Defense Acquisition Regulations Council, ATTN: Mrs. Linda Holcombe, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 604-5971. Please cite DFARS Case 93-
D323 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Mrs. Linda Holcombe, (703) 604-5929.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 2907 of the National Defense Authorization Act for Fiscal 
Year 1994 (Public Law 103-160) permits the Secretary of Defense to 
contract with local governments for police, fire protection, airfield 
operation, or other community services.
    The Director, Defense Procurement, issued Departmental Letter 94-
011, July 8, 1994, to require that all solicitations and contracts with 
local governments for police, fire protection, airfield operation, or 
other community services must include a clause restricting performance 
of such services to professional employees to the extent that 
professionals are available in the area under the jurisdiction of the 
local government.

B. Regulatory Flexibility Act

    The interim rule may have a significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it will, to 
the extent such authority is exercised by the Secretary of Defense, 
reduce competitive participation by any entities, large or small, which 
perform, or are interested in performing police, fire protection, 
airfield operation, or other community services. These solicitations 
shall be restricted to local governments at military installations 
being closed. A copy of the Initial Regulatory Flexibility Analysis has 
been submitted to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Initial Regulatory Flexibility Analysis 
may be obtained from Mrs. Linda S. Holcombe, PDUSD(A&T)DP(DAR), IMD 
3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. The interim 
rule applies to both large and small businesses. Comments are invited 
from small businesses and other interested parties. Comments from small 
entities will be considered in accordance with 5 U.S.C. 610. Such 
comments must be submitted separately and cite DFARS Case 93-D323 in 
all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the interim rule 
does not impose reporting or recordkeeping requirements which require 
the approval of OMB under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 206, 222, 226, 237, and 252.

    Government procurement.
Nancy L. Ladd,
Director, Defense Acquisition Regulations Council.

    Therefore, 48 CFR parts 206, 222, 226, 237, and 252 are amended as 
follows:
    1. The authority citation for 48 CFR Parts 206, 222, 226, 237, and 
252 continues to read as follows:

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

PART 206--COMPETITION REQUIREMENTS

    2. Section 206.302-5 is amended by revising paragraph (b) to read 
as follows:


Sec. 206.302-5  Authorized or required by statute

    (b) Application.
    Agencies may use this authority to--
    (i) Acquire supplies and services from military exchange stores 
outside the United States for use by the armed forces outside the 
United State in accordance with 10 U.S.C. 2424(a) and subject to the 
limitations of 10 U.S.C. 2424(b).
    (ii) Acquire police, fire protection, airfield operation, or other 
community services from local governments at military installations to 
be closed under the circumstances in 237.7401 (Section 2907 of Fiscal 
Year 1994 Defense Authorization Act (Pub. L. 103-160)).
* * * * *

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    3. Subpart 222.71 is amended by revising the title to read:

``Subpart 222.71--Right of First Refusal of Employment''

PART 226--OTHER SOCIOECONOMIC PROGRAMS

    4. A new subpart 226.72 is added to read as follows:

Subpart 226.73--Base Closures and Realignments

Sec.
226.7200  Scope.

Subpart 226.72--Base Closures and Realignments


226.7200  Scope.

    This subpart identifies the various policies and statutory 
authorities that affect contracts associated with the closure and 
realignment of military installations. These policies and authorities 
are--
    (a) Right of first refusal of employment. This authority is 
embodied in a clause for use in solicitations and contracts arising 
from the closure of a military installation. The clause established 
employment rights for Government employees who are adversely affected 
by closure of the installation (see subpart 222.71).
    (b) Preference for local and small business. This authority allows 
contracting officers, when entering into a contract as part of the 
closure or realignment of a military installation, to give preference, 
to the greatest extent practicable, to qualified businesses located in 
the vicinity of the installation and to small and small disadvantaged 
business concerns (see subpart 226.71).
    (c) Services at installations being closed. This authority allows 
DoD, under certain conditions, to contract with local governments for 
police, fire protection airfield operations and other community 
services at installations being closed (see subpart 237.74).

PART 237--SERVICE CONTRACTING

    5. A new subpart 237.74 is added to read as follows:

Subpart 237.74--Services at Installations Being Closed

Sec.
237.7400  Scope.
237.7401  Policy.
237.7402  Contract clause.

Subpart 237.74--Services at Installations Being Closed


237.7400  Scope.

    This subpart prescribes procedures for contracting, through use of 
other than full and open competition, with local governments for 
police, fire protection, airfield operation, or other community 
services at military installations to be closed under the Defense 
Authorization Amendments and Base Closure and Realignment Act (Pub. L. 
100-536), as amended, and the Defense Base Closure and Realignment Act 
of 1990 (Pub. L. 101-510), as amended.


237.7401  Policy.

    The authority in 206.302-5(b)(ii) to contract with local 
governments--
    (a) May be exercised without regard to the provisions of 10 U.S.C. 
Chapter 146, Contracting for Performance of Civilian Commercial or 
Industrial Type Functions;
    (b) May not be exercised earlier than 180 days before the date the 
installation is scheduled to be closed;
    (c) Requires a determination by the head of the contracting 
activity that the services being acquired under contract with the local 
govenrment is in the best interests of the Department of Defense.


237.7402  Contract clause.

    Use the clause at 252.237-7022, Services at Installations Being 
Closed, in solicitations and contracts based upon the authority of this 
subject.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    6. Section 252.237-7022 is added to read as follows:


252.237-7022  Services at Installations Being Closed.

    As prescribed in 237.7402, use the following clause:

Services at Installations Being Closed (July 1994)

    Professional employees shall be used by the local government to 
provide services under this contract to the extent that 
professionals are available in the area under the jurisdiction of 
the local government.

(End of clause)

[FR Doc. 94-17265 Filed 7-14-94; 8:45 am]
BILLING CODE 5000-04-M