[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14576-14577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5631]


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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 2004-D032]


Defense Federal Acquisition Regulation Supplement; Contractor 
Performance of Security-Guard Functions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 324 of 
the National Defense Authorization Act for Fiscal Year 2005. Section 
324 conditionally extends the expiration date of DoD's authority to 
enter into contracts for the performance of security-guard functions at 
military installations or facilities to meet the increased need for 
such functions since September 11, 2001.

DATES: Effective March 23, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2004-D032.

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule amends DFARS 237.102-70 to implement Section 324 of 
the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 
108-375). Section 324 amends Section 332 of Public Law 107-314 to 
extend DoD's authority to enter into contracts for security-guard 
functions at military installations or facilities, provided DoD submits 
a report to Congress by December 1, 2005, that addresses DoD's use of 
this authority and includes a plan for meeting security-guard 
requirements on a long-term basis in a manner consistent with 
applicable law.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should cite DFARS Case 2004-D032.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not contain any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 237

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.


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

[[Page 14577]]

PART 237--SERVICE CONTRACTING

0
2. Section 237.102-70 is amended by revising paragraph (d)(3) to read 
as follows:


237.102-70  Prohibition on contracting for firefighting or security-
guard functions.

* * * * *
    (d) * * *
    (3) Contract performance will not extend beyond December 1, 2005. 
Section 324 of Public Law 108-375 permits an extension of the period 
for contract performance through September 30, 2006, if DoD submits a 
report and plan to Congress on the use of this authority. See PGI 
237.102-70(d)(3) for information on the reporting requirement.

[FR Doc. 05-5631 Filed 3-22-05; 8:45 am]
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