DATE: August 30, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Performance of Security Functions

SOURCE: Federal Register, August 30, 2002, Vol. 67, No. 169, page 55730

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is finalizing, without change, the interim rule that amended DFARS 237.102-70, Prohibition on Contracting for Firefighting or Security-Guard Functions, to permit award of contracts for security functions to proximately located local and state governments during the period of time that United States armed forces are engaged in Operation Enduring Freedom and 180 days thereafter.

EDITOR'S NOTE: For more on the interim rule, see the March 14, 2002, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Performance of Security Functions."

EFFECTIVE DATES: August 30, 2002.

FOR FURTHER INFORMATION CONTACT: Sandra Haberlin, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0289; fax: 703-602-0350. Cite DFARS Case 2001-D018 when when referring to this final rule.

SUPPLEMENTAL INFORMATION: Title 10 of the U.S. Code, Section 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 an exception to this prohibition, permitting award of such contracts to "a proximately located local or state government, or a combination of such governments". This exception applies for the duration of Operation Enduring Freedom and for an additional 180 days afterward.

On March 14, 2002, an interim rule was published which implemented this exception by adding a paragraph (c) to DFARS 237.102-70. Two respondents submitted comments supporting the interim rule, so it is finalized without change.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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