[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Rules and Regulations]               
[Page 51192-51193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se07-16]                         


[[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: dfars@osd.mil. 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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