FR Doc 03-21310
[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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