Defense Federal Acquisition Regulation Supplement; Contractor Performance of Security-Guard Functions, 14576-14577 [05-5631]

Download as PDF 14576 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations 252.242–7002 System. Earned Value Management 252.242–7005 Report. Cost/Schedule Status As prescribed in 242.1107–70(a)(2), use the following clause: As prescribed in 242.1107–70(b), use the following clause: EARNED VALUE MANAGEMENT SYSTEM (MAR 2005) (a) In the performance of this contract, the Contractor shall use an earned value management system (EVMS) that has been recognized by the cognizant Administrative Contracting Officer (ACO) as complying with the criteria provided in DoDI 5000.2, Operation of the Defense Acquisition System. (b) If, at the time of award, the Contractor’s EVMS has not been recognized by the cognizant ACO as complying with EVMS criteria (or the Contractor does not have an existing cost/schedule control system that has been accepted by the Department of Defense), the Contractor shall apply the system to the contract and shall be prepared to demonstrate to the ACO that the EVMS complies with the EVMS criteria referenced in paragraph (a) of this clause. (c) The Government may require integrated baseline reviews. Such reviews shall be scheduled as early as practicable and should be conducted within 180 calendar days after (1) contract award, (2) the exercise of significant contract options, or (3) the incorporation of major modifications. The objective of the integrated baseline review is for the Government and the Contractor to jointly assess areas, such as the Contractor’s planning, to ensure complete coverage of the statement of work, logical scheduling of the work activities, adequate resourcing, and identification of inherent risks. (d) Unless a waiver is granted by the ACO, Contractor-proposed EVMS changes require approval of the ACO prior to implementation. The ACO shall advise the Contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the Contractor. If the advance approval requirements are waived by the ACO, the Contractor shall disclose EVMS changes to the ACO at least 14 calendar days prior to the effective date of implementation. (e) The Contractor agrees to provide access to all pertinent records and data requested by the ACO or duly authorized representative. Access is to permit Government surveillance to ensure that the EVMS complies, and continues to comply, with the criteria referenced in paragraph (a) of this clause. (f) The Contractor shall require the following subcontractors to comply with the requirements of this clause: (Contracting Officer to insert names of subcontractors selected for application of EVMS criteria in accordance with 252.242– 7001(c).) lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllllllll (End of clause) COST/SCHEDULE STATUS REPORT (MAR 2005) 10. Section 252.242–7005 is amended by revising the introductory text, the clause date, and paragraph (c) to read as follows: I VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 * * * * * (c) The Contractor may use a cost/schedule control system that has been recognized by the cognizant Administrative Contracting Officer (ACO) as complying with the earned value management system criteria provided in DoDI 5000.2, Operation of the Defense Acquisition System. * * * * * 11. Section 252.242–7006 is amended by revising the introductory text, the clause date, and paragraph (b) to read as follows: I 252.242–7006 Cost/Schedule Status Report Plans. As prescribed in 242.1107–70(c), use the following provision: COST/SCHEDULE STATUS REPORT PLANS (MAR 2005) * * * * * (b) If the offeror proposes to use a cost/ schedule control system that has been recognized by the cognizant Administrative Contracting Officer as complying with the earned value management system criteria of DoDI 5000.2, Operation of the Defense Acquisition System, the offeror may submit a copy of the documentation of such recognition instead of the written summary required by paragraph (a) of this provision. (End of provision) [FR Doc. 05–5626 Filed 3–22–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 237 [DFARS Case 2004–D032] Defense Federal Acquisition Regulation Supplement; Contractor Performance of Security-Guard Functions Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 324 of the National Defense Authorization Act for Fiscal Year 2005. Section 324 conditionally extends the expiration date of DoD’s authority to enter into contracts for the performance of security-guard functions at military installations or facilities to meet the increased need for such functions since September 11, 2001. DATES: Effective March 23, 2005. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 Ms. Robin Schulze, 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 2004–D032. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Background This final rule amends DFARS 237.102–70 to implement Section 324 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375). Section 324 amends Section 332 of Public Law 107–314 to extend DoD’s authority to enter into contracts for security-guard functions at military installations or facilities, provided DoD submits a report to Congress by December 1, 2005, that addresses DoD’s use of this authority and includes a plan for meeting security-guard requirements on a long-term basis in a manner consistent with applicable law. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2004–D032. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not contain 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, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 237 is amended as follows: I 1. The authority citation for 48 CFR part 237 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. E:\FR\FM\23MRR1.SGM 23MRR1 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations PART 237—SERVICE CONTRACTING 2. Section 237.102–70 is amended by revising paragraph (d)(3) to read as follows: I 237.102–70 Prohibition on contracting for firefighting or security-guard functions. * * * * * (d) * * * (3) Contract performance will not extend beyond December 1, 2005. Section 324 of Public Law 108–375 permits an extension of the period for contract performance through September 30, 2006, if DoD submits a report and plan to Congress on the use of this authority. See PGI 237.102– 70(d)(3) for information on the reporting requirement. [FR Doc. 05–5631 Filed 3–22–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 031805A] Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the B season allowance of the 2005 total SUMMARY: VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 allowable catch (TAC) of pollock for Statistical Area 620 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 20, 2005, through 1200 hrs, A.l.t., August 25, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The B season allowance of the 2005 TAC of pollock in Statistical Area 620 of the GOA is 13,820 metric tons (mt) as established by the 2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 8958, February 24, 2005). In accordance with § 679.20(a)(5)(iii)(B), the Administrator, Alaska Region, NMFS (Regional Administrator), hereby decreases the B season pollock allowance by 1,076 mt, the amount the A season allowance of the pollock TAC in Statistical Area 620 was exceeded. The revised B season allowance of the pollock TAC in Statistical Area 620 is therefore 12,744 mt (13,820 mt minus 1,076 mt). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the B season allowance of the 2005 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 12,544 mt, and is setting aside the remaining 200 mt as bycatch to support other anticipated groundfish fisheries. In accordance with PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 14577 § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of pollock in Statistical Area 620 of the GOA. The AA also finds good cause to waive the 30 day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 18, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–5743 Filed 3–18–05; 1:27 pm] BILLING CODE 3510–22–S E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

DEPARTMENT OF DEFENSE

[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14576-14577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5631]


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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 2004-D032]


Defense Federal Acquisition Regulation Supplement; Contractor 
Performance of Security-Guard Functions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 324 of 
the National Defense Authorization Act for Fiscal Year 2005. Section 
324 conditionally extends the expiration date of DoD's authority to 
enter into contracts for the performance of security-guard functions at 
military installations or facilities to meet the increased need for 
such functions since September 11, 2001.

DATES: Effective March 23, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, 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 2004-D032.

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule amends DFARS 237.102-70 to implement Section 324 of 
the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 
108-375). Section 324 amends Section 332 of Public Law 107-314 to 
extend DoD's authority to enter into contracts for security-guard 
functions at military installations or facilities, provided DoD submits 
a report to Congress by December 1, 2005, that addresses DoD's use of 
this authority and includes a plan for meeting security-guard 
requirements on a long-term basis in a manner consistent with 
applicable law.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should cite DFARS Case 2004-D032.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not contain 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,
Editor, Defense Acquisition Regulations System.


0
Therefore, 48 CFR part 237 is amended as follows:
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.

[[Page 14577]]

PART 237--SERVICE CONTRACTING

0
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 December 1, 2005. 
Section 324 of Public Law 108-375 permits an extension of the period 
for contract performance through September 30, 2006, if DoD submits a 
report and plan to Congress on the use of this authority. See PGI 
237.102-70(d)(3) for information on the reporting requirement.

[FR Doc. 05-5631 Filed 3-22-05; 8:45 am]
BILLING CODE 5001-08-P

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