[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]
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