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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: December 15, 2004

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

SOURCE: Federal Register, December 15, 2004, Vol. 69, No. 240, page 75000

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is adopting as final, without changes, the interim rule that amended 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 interim rule, see the June 25, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Firefighting Services Contracts."

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."

EFFECTIVE DATE: December 15, 2004.

FOR FURTHER INFORMATION CONTACT: Robin Schulze, 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.

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.

On June 25, 2004, DOD published an interim rule that implemented 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."

No comments were submitted on the interim rule, so DOD is adopting the interim rule as final without change.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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