[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Pages 51192-51193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17436]
[[Page 51192]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 237
RIN 0750-AF64
Defense Federal Acquisition Regulation Supplement; Security-Guard
Functions (DFARS Case 2006-D050)
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 333 of
the National Defense Authorization Act for Fiscal Year 2007. Section
333 extends, through September 30, 2009, 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: September 6, 2007.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before November 5, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D050,
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-D050 in the
subject line of the message.
Fax: (703) 602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 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.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, (703) 602-1302.
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), Section 324 of the National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108-175), and Section 344 of the National
Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) have
provided 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.
Section 333 of the National Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109-364) extends this authority through September
30, 2009, provided the total number of personnel employed to perform
such functions does not exceed specified limits. This interim rule
amends DFARS 237.102-70 to reflect the provisions of Section 333 of
Public Law 109-364.
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-D050.
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 333 of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 333
extends, through September 30, 2009, 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.
Section 333 also places limitations on the total number of personnel
that may be employed under this authority during fiscal years 2007
through 2009. 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
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 237.102-70 is amended by revising paragraph (d) to read as
follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
* * * * *
(d)(1) Under Section 332 of Public Law 107-314, as amended by
Section 333 of Public Law 109-364, this prohibition does not apply to
any contract that is entered into for any increased performance of
security-guard functions at a military installation or facility
undertaken in response to the terrorist attacks on the United States on
September 11, 2001, if--
(i) Without the contract, members of the Armed Forces are or would
be used to perform the increased security-guard functions;
(ii) The agency has determined that--
(A) Recruiting and training standards for the personnel who are to
perform the security-guard functions are comparable to the recruiting
and training standards for DoD personnel who perform the same security-
guard functions;
[[Page 51193]]
(B) Contractor personnel performing such functions will be
effectively supervised, reviewed, and evaluated; and
(C) Performance of such functions will not result in a reduction in
the security of the installation or facility;
(iii) Contract performance will not extend beyond September 30,
2009; and
(iv) The total number of personnel employed to perform security-
guard functions under all contracts entered into pursuant to this
authority does not exceed--
(A) For fiscal year 2007, the total number of such personnel
employed under such contracts on October 1, 2006;
(B) For fiscal year 2008, the number equal to 90 percent of the
total number of such personnel employed under such contracts on October
1, 2006; and
(C) For fiscal year 2009, the number equal to 80 percent of the
total number of such personnel employed under such contracts on October
1, 2006.
(2) Follow the procedures at PGI 237.102-70(d) to ensure that the
personnel limitations specified in paragraph (d)(1)(iv) of this
subsection are not exceeded.
[FR Doc. E7-17436 Filed 9-5-07; 8:45 am]
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