[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17265]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF DEFENSE
48 CFR Parts 206, 222, 226, 237, and 252
Defense Federal Acquisition Regulation Supplement; Services at
Installations Being Closed
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for public comments.
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SUMMARY: The Director of Defense Procurement is issuing an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to permit contracting with local governments for police, fire
protection, airfield operation, or other community services. The
interim rule adds a clause which restricts performance of such services
to professional employees to the extent that professionals are
available in the area under the jurisdiction of the local government.
DATES: Effective Date: July 8, 1994.
Comment Date: Comments on the interim rule should be submitted to
the address shown below on or before September 13, 1994 to be
considered in formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to The
Defense Acquisition Regulations Council, ATTN: Mrs. Linda Holcombe,
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax number (703) 604-5971. Please cite DFARS Case 93-
D323 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Mrs. Linda Holcombe, (703) 604-5929.
SUPPLEMENTARY INFORMATION:
A. Background
Section 2907 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160) permits the Secretary of Defense to
contract with local governments for police, fire protection, airfield
operation, or other community services.
The Director, Defense Procurement, issued Departmental Letter 94-
011, July 8, 1994, to require that all solicitations and contracts with
local governments for police, fire protection, airfield operation, or
other community services must include a clause restricting performance
of such services to professional employees to the extent that
professionals are available in the area under the jurisdiction of the
local government.
B. Regulatory Flexibility Act
The interim rule may 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 it will, to
the extent such authority is exercised by the Secretary of Defense,
reduce competitive participation by any entities, large or small, which
perform, or are interested in performing police, fire protection,
airfield operation, or other community services. These solicitations
shall be restricted to local governments at military installations
being closed. A copy of the Initial Regulatory Flexibility Analysis has
been submitted to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Initial Regulatory Flexibility Analysis
may be obtained from Mrs. Linda S. Holcombe, PDUSD(A&T)DP(DAR), IMD
3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. The interim
rule applies to both large and small businesses. Comments are invited
from small businesses and other interested parties. Comments from small
entities will be considered in accordance with 5 U.S.C. 610. Such
comments must be submitted separately and cite DFARS Case 93-D323 in
all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
does not impose reporting or recordkeeping requirements which require
the approval of OMB under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 206, 222, 226, 237, and 252.
Government procurement.
Nancy L. Ladd,
Director, Defense Acquisition Regulations Council.
Therefore, 48 CFR parts 206, 222, 226, 237, and 252 are amended as
follows:
1. The authority citation for 48 CFR Parts 206, 222, 226, 237, and
252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 206--COMPETITION REQUIREMENTS
2. Section 206.302-5 is amended by revising paragraph (b) to read
as follows:
Sec. 206.302-5 Authorized or required by statute
(b) Application.
Agencies may use this authority to--
(i) Acquire supplies and services from military exchange stores
outside the United States for use by the armed forces outside the
United State in accordance with 10 U.S.C. 2424(a) and subject to the
limitations of 10 U.S.C. 2424(b).
(ii) Acquire police, fire protection, airfield operation, or other
community services from local governments at military installations to
be closed under the circumstances in 237.7401 (Section 2907 of Fiscal
Year 1994 Defense Authorization Act (Pub. L. 103-160)).
* * * * *
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
3. Subpart 222.71 is amended by revising the title to read:
``Subpart 222.71--Right of First Refusal of Employment''
PART 226--OTHER SOCIOECONOMIC PROGRAMS
4. A new subpart 226.72 is added to read as follows:
Subpart 226.73--Base Closures and Realignments
Sec.
226.7200 Scope.
Subpart 226.72--Base Closures and Realignments
226.7200 Scope.
This subpart identifies the various policies and statutory
authorities that affect contracts associated with the closure and
realignment of military installations. These policies and authorities
are--
(a) Right of first refusal of employment. This authority is
embodied in a clause for use in solicitations and contracts arising
from the closure of a military installation. The clause established
employment rights for Government employees who are adversely affected
by closure of the installation (see subpart 222.71).
(b) Preference for local and small business. This authority allows
contracting officers, when entering into a contract as part of the
closure or realignment of a military installation, to give preference,
to the greatest extent practicable, to qualified businesses located in
the vicinity of the installation and to small and small disadvantaged
business concerns (see subpart 226.71).
(c) Services at installations being closed. This authority allows
DoD, under certain conditions, to contract with local governments for
police, fire protection airfield operations and other community
services at installations being closed (see subpart 237.74).
PART 237--SERVICE CONTRACTING
5. A new subpart 237.74 is added to read as follows:
Subpart 237.74--Services at Installations Being Closed
Sec.
237.7400 Scope.
237.7401 Policy.
237.7402 Contract clause.
Subpart 237.74--Services at Installations Being Closed
237.7400 Scope.
This subpart prescribes procedures for contracting, through use of
other than full and open competition, with local governments for
police, fire protection, airfield operation, or other community
services at military installations to be closed under the Defense
Authorization Amendments and Base Closure and Realignment Act (Pub. L.
100-536), as amended, and the Defense Base Closure and Realignment Act
of 1990 (Pub. L. 101-510), as amended.
237.7401 Policy.
The authority in 206.302-5(b)(ii) to contract with local
governments--
(a) May be exercised without regard to the provisions of 10 U.S.C.
Chapter 146, Contracting for Performance of Civilian Commercial or
Industrial Type Functions;
(b) May not be exercised earlier than 180 days before the date the
installation is scheduled to be closed;
(c) Requires a determination by the head of the contracting
activity that the services being acquired under contract with the local
govenrment is in the best interests of the Department of Defense.
237.7402 Contract clause.
Use the clause at 252.237-7022, Services at Installations Being
Closed, in solicitations and contracts based upon the authority of this
subject.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
6. Section 252.237-7022 is added to read as follows:
252.237-7022 Services at Installations Being Closed.
As prescribed in 237.7402, use the following clause:
Services at Installations Being Closed (July 1994)
Professional employees shall be used by the local government to
provide services under this contract to the extent that
professionals are available in the area under the jurisdiction of
the local government.
(End of clause)
[FR Doc. 94-17265 Filed 7-14-94; 8:45 am]
BILLING CODE 5000-04-M
