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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: June 25, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Firefighting Services Contracts

SOURCE: Federal Register, June 25, 2004, Vol. 69, No. 122, page 35532

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 implement Section 331 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136). Section 331 authorizes contractor performance of firefighting functions at military installations or facilities for periods of one year or less if the functions would otherwise have to be performed by members of the armed forces who are not readily available by reason of a deployment.

EDITOR'S NOTE: For more on the acquisition-related provisions of Public Law 108-136, see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004."

DATES: The effective date of this interim rule is June 25, 2004. Comments on the interim rule must be submitted on or before August 24, 2004.

ADDRESSES: Submit comments, identified by "DFARS Case 2003-D107," to: (1) http://www.regulations.gov; (2) http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; (3) e-mail: dfars@osd.mil; fax: 703-602-0350; (4) mail: Defense Acquisition Regulations Council, Attn: Teresa Brooks, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; (5) hand-delivery/courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.

FOR FURTHER INFORMATION CONTACT: Teresa Brooks, 703-602-0326.

SUPPLEMENTARY INFORMATION: 10 U.S.C. 2465 prohibits DOD from contracting for the performance of firefighting or security-guard functions at military installations or facilities, unless an exception applies. Section 331 of Public Law 108-136 added a new exception which permits award of a contract for the performance of firefighting functions at a military installation or facility if the contract is for a period of one year or less and the functions would otherwise have to be performed by members of the armed forces who are not readily available due to a deployment.

This interim rule implements the Section 331 exception by amending DFARS 237.102-70 to add the following as paragraph (a)(4):

"The contract (i) is for the performance of firefighting functions; (ii) is for a period of 1 year or less; and (iii) covers only the performance of firefighting functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions by reason of a deployment."

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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