DATE: February 14, 2003

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

SOURCE: Federal Register, February 14, 2003, Vol. 68, No. 31, page 7443

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is amending DFARS Subpart 237.1, Service Contracts -- General, to implement Section 332 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314). Section 332, Temporary Authority for Contractor Performance of Security-Guard Functions to Meet Increased Requirements Since September 11, 2001, provides temporary authority for contractor performance of security-guard functions at military installations or facilities in excess of those in place on September 10, 2001.

EDITOR'S NOTE: For more on Section 332 and the other acquisition-related provisions of Public Law 107-314, see the December 3, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2003."

DATES: This interim rule is effective from February 14, 2003, through December 2, 2005. Comments on the interim rule must be submitted on or before April 15, 2003.

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: Amy Williams, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite "DFARS Case 2002-D042" when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Steven Cohen, 703-602-0293.

SUPPLEMENTAL INFORMATION: 10 U.S.C. 2465 prohibits DOD from entering into contracts for the performance of firefighting or security-guard functions at any military installation or facility except when the contract is performed outside the U.S., or the contract will be performed at a government-owned but privately-operated installation, or the contract is for performance of a function under contract on September 24, 1983.

Section 332 of Public Law 107-314 authorizes DOD to waive the prohibition at 10 U.S.C. 2465(a) related to security-guard functions at military installations or facilities. It permits contractor performance of security-guard functions to meet the increased requirements for such services since September 11, 2001. This authority extends only to the increased requirements, so existing security-guard services not performed by contractors are unaffected. The authority expires on December 2, 2005 (three years after enactment of the law).

To implement Section 332, the following changes are being made to DFARS Subpart 237.1:

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

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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