[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7443-7444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3577]
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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: 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 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 in
excess of those in place on September 10, 2001.
DATES: Effective date: February 14, 2003.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before April 15, 2003, to be considered
in the formation of the final rule.
ADDRESSES: Respondents may submit comments directly on the World Wide
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an
alternative, respondents may e-mail comments to: [email protected].
Please cite DFARS Case 2002-D042 in the subject line of e-mailed
comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Mr. Steven Cohen, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite DFARS Case 2002-D042.
At the end of the comment period, interested parties may view
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr. Steven Cohen, (703) 602-0293.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends DFARS subpart 237.1 to implement section
332 of the National Defense Authorization Act for Fiscal Year 2003
(Pub. L. 107-314). Section 332 authorizes DoD to waive the prohibition
at 10 U.S.C. 2465(a) related to security-guard functions at military
installations or facilities. It permits contractor performance of
security-guard functions to meet the increased requirements for such
services since September 11, 2001. This authority extends only to the
increased requirements; therefore, existing security-guard services not
performed by contractors are unaffected. The authority expires on
December 2, 2005. Recruiting and training standards for contractor
personnel who are to perform security-guard functions pursuant to this
authority will be comparable to the standards in place for DoD
personnel currently performing those functions.
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., because the rule
applies only to the procurement of security-guard services over and
above the level of such services being performed on September 10, 2001.
The amount of such additional services is not expected to be
significantly large, in comparison to the total amount of services
procured by DoD. 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 2002-D042.
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 332 of the National Defense
Authorization Act for Fiscal Year 2003 (Pub. L. 107-314). Section 332
provides temporary authority for contractor performance of security-
guard functions at military installations or facilities to meet the
increased requirements for such services since September 11, 2001.
Section 332 became effective upon enactment on December 2, 2002. The
authority provided by section 332 expires on December 2, 2005. 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,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 237 is amended as follows:
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.
PART 237--SERVICE CONTRACTING
2. Section 237.101 is added to read as follows:
237.101 Definitions.
Increased performance of security-guard functions, as used in this
subpart, means--
(1) In the case of an installation or facility where no security-
guard functions were performed as of September 10, 2001, the entire
scope or extent of the performance of security-guard functions at the
installation or facility after such date; and
(2) In the case of an installation or facility where security-guard
functions were performed within a lesser scope of requirements or to a
lesser extent as of September 10, 2001, than after such date, the
increment of the performance of security-guard functions at the
installation or facility that exceeds such lesser scope of requirements
or extent of performance.
3. Section 237.102-70 is amended by adding paragraph (d) to read as
follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
* * * * *
[[Page 7444]]
(d) Under section 332 of Pub. L. 107-314, 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--
(1) Without the contract, members of the Armed Forces are or would
be used to perform the increased security-guard functions;
(2) The agency has determined that--
(i) 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;
(ii) Contractor personnel performing such functions will be
effectively supervised, reviewed, and evaluated; and
(iii) Performance of such functions will not result in a reduction
in the security of the installation or facility; and
(3) Contract performance will not extend beyond December 1, 2005.
[FR Doc. 03-3577 Filed 2-13-03; 8:45 am]
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