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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: August 21, 2003

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

SOURCE: Federal Register, August 21, 2003, Vol. 68, No. 162, page 50476

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is adopting as final, without change, the interim rule that amended 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 the interim rule, see the February 14, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Contractor Performance of Security-Guard Functions."

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."

EFFECTIVE DATE: August 21, 2003.

FOR FURTHER INFORMATION CONTACT: Teresa Brooks, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0326; fax: 703-602-0350. Cite "DFARS Case 2002-D042" when referring to this final rule.

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, an interim rule was published on February 14, 2003. The interim rule made the following changes to DFARS Subpart 237.1:

Three respondents commented on the interim rule: two supported the rule, but the third stated that a contracting officer's representative (COR) may be appointed to an installation's Provost Marshal or Security Office, and the third respondent questioned whether the rule should specify that contracting offices must ensure that CORs are duly trained. DOD explains in the final rule that it believes "training of CORs is already adequately addressed in DFARS 201.602-2(2) [Responsibilities], which states that a COR must be 'qualified by training and experience commensurate with the responsibilities to be delegated in accordance with department/agency guidelines.' Therefore, DOD believes that no change to the rule is needed, and has adopted the interim rule as a final rule."

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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