[Federal Register Volume 67, Number 50 (Thursday, March 14, 2002)]
[Rules and Regulations]
[Pages 11438-11439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5953]
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DEPARTMENT OF DEFENSE
48 CFR part 237
[DFARS Case 2001-D018]
Defense Federal Acquisition Regulation Supplement; Performance of
Security 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 1010 of
the USA Patriot Act. Section 1010 provides an exception to the
prohibition on contracting for security functions at a military
installation or facility. The exception applies during the period of
time that United States armed forces are engaged in Operation Enduring
Freedom and 180 days thereafter.
DATES: Effective date: March 14, 2002.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before May 13, 2002, 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 2001-D018 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: Ms. Sandra Haberlin, OUSD(AT&L)DP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite DFARS Case 2001-D018.
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: Ms. Sandra Haberlin, (703) 602-0289.
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 certain exceptions apply. Section
1010 of the USA Patriot Act (Public Law 107-56) adds another exception
to this prohibition, to apply during the period of time that United
States armed forces are engaged in Operation Enduring Freedom and 180
days thereafter. The exception permits award of contracts for security
functions to proximately located local and State governments. This
interim rule amends DFARS 237.102-70 to implement Section 1010 of
Public Law 107-56.
This rule was not subject to Office of Management and Budget review
under
[[Page 11439]]
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 military installations and facilities and proximately
located local and State governments. 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 2001-D018.
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 1010 of the USA Patriot Act
(Public Law 107-56). Section 1010 permits DoD to enter into contracts
for the performance of security functions at military installations and
facilities during the period of time that United States armed forces
are engaged in Operation Enduring Freedom and 180 days thereafter.
Section 1010 became effective on October 26, 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,
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 237.102-70 is amended by adding paragraph (c) to read as
follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
* * * * *
(c) Under Section 1010 of Public Law 107-56, this prohibition does
not apply to any contract that'
(1) Is entered into during the period of time that United States
armed forces are engaged in Operation Enduring Freedom or during the
period 180 days thereafter;
(2) Is for the performance of security functions at any military
installation or facility in the United States;
(3) Is awarded to a proximately located local or State government,
or a combination of such governments, whether or not any such
government is obligated to provide such services to the general public
without compensation; and
(4) Prescribes standards for the training and other qualifications
of local government law enforcement personnel who perform security
functions under the contract in accordance with criteria established by
the Secretary of the department concerned.
[FR Doc. 02-5953 Filed 3-13-02; 8:45 am]
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