[Federal Register: August 21, 2003 (Volume 68, Number 162)]
[Rules and Regulations]
[Page 50476-50477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au03-13]
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DEPARTMENT OF DEFENSE
48 CFR Part 237
[DFARS Case 2002-D042]
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 adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 332 of the National Defense Authorization Act for
Fiscal Year 2003. Section 332 provides temporary authority for
contractor performance of security-guard functions at military
installations or facilities to meet the increased need for such
functions since September 11, 2001.
EFFECTIVE DATE: August 21, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, 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 2002-D042.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 68 FR 7443 on February 14, 2003,
to implement Section 332 of the National
[[Page 50477]]
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314).
Section 332 authorizes DoD to waive the prohibition at 10 U.S.C.
2465(a), to permit contractor performance of security-guard functions
at military installations or facilities to meet the increased need for
such functions since September 11, 2001.
Three respondents submitted comments on the interim rule. Two of
the respondents expressed their support for the rule. A third
respondent stated that a contracting officer's representative (COR) may
be appointed to an installation's Provost Marshal or Security Office
and questioned whether the rule should specify that contracting offices
must ensure that CORs are duly trained. DoD believes that training of
CORs is already adequately addressed in DFARS 201.602-2(2), which
states that a COR must be ``qualified by training and experience
commensurate with the responsibilities to be delegated in accordance
with department/agency guidelines.'' Therefore, DoD believes that no
change to the rule is needed, and has adopted the interim rule as a
final rule.
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 certifies that this final rule will not 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 the rule applies only to security-guard functions in excess of
those being performed on military installations or facilities as of
September 10, 2001. While the rule is expected to result in additional
opportunities for small business concerns to perform security-guard
functions, the overall impact is not expected to be substantial.
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.
List of Subjects in 48 CFR Part 237
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR part 237, which was
published at 68 FR 7443 on February 14, 2003, is adopted as a final
rule without change.
[FR Doc. 03-21310 Filed 8-20-03; 8:45 am]
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