DATE: March 14, 2002

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

SOURCE: Federal Register, March 14, 2002, Vol. 67, No. 50, page 11438

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is amending 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.

DATES: The effective date of this interim rule is March 14, 2002. Comments on the interim rule must be submitted on or before May 13, 2002.

ADDRESSES: Respondents may submit comments directly on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also,respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Sandra Haberlin, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite DFARS Case 2001-D018 when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Sandra Haberlin, 703-602-0289.

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. To implement this exception, paragraph (c) is added to DFARS 237.102-70.

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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