[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Rules and Regulations]
[Pages 34833-34834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9486]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 237

RIN 0750-AF37


Defense Federal Acquisition Regulation Supplement; Security-Guard 
Services Contracts (DFARS Case 2006-D011)

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

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 344 of 
the National Defense Authorization Act for Fiscal Year 2006. Section 
344 extends, through September 30, 2007, the period during which 
contractor performance of security-guard functions at military 
installations or facilities is authorized to fulfill additional 
requirements resulting from the terrorist attacks on the United States 
on September 11, 2001.

DATES: Effective date: June 16, 2006.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before August 15, 2006, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D011, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include DFARS Case 2006-D011 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Robin Schulze, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received generally will be posted without change to 
http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    10 U.S.C. 2465 prohibits DoD from entering into contracts for the 
performance of firefighting or security-guard functions at military 
installations or facilities, unless an exception applies. Section 332 
of the National Defense Authorization Act for Fiscal Year 2003 (Pub. L. 
107-314) provided temporary authority for DoD to waive the prohibition 
at 10 U.S.C. 2465, to fulfill additional requirements for security-
guard functions at military installations or facilities resulting from 
the terrorist attacks on the United States on September 11, 2001. This 
authority applied to security-guard functions performed through 
December 1, 2005. Section 324 of the National Defense Authorization Act 
for Fiscal Year 2005 (Pub. L. 108-175) conditionally extended the 
expiration date of this authority to September 30, 2006. Section 344 of 
the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 
109-163) has extended the authority through September 30, 2007. This 
interim rule amends DFARS 237.102-70 to reflect the new expiration 
date.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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. Although the rule may 
provide opportunities for small business concerns to receive contracts 
for the performance of security-guard functions at military 
installations or facilities, the economic impact is not expected to be 
substantial. Therefore, DoD has not performed an initial regulatory 
flexibility analysis. DoD invites comments from small businesses and 
other interested parties. DoD also will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 2006-D011.

C. Paperwork Reduction Act

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

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 344 of the National Defense 
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 344 
extends, through September 30, 2007, the period during which contractor 
performance of security-guard functions at military installations or 
facilities is authorized to fulfill additional requirements resulting 
from the terrorist attacks on the United States on September 11, 2001. 
Comments received in response to this interim rule will be considered 
in the formation of the final rule.

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:

PART 237--SERVICE CONTRACTING

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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 34834]]



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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 September 30, 2007.

[FR Doc. E6-9486 Filed 6-15-06; 8:45 am]
BILLING CODE 5001-08-P