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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 23, 2005

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Contractor Performance of Acquisition Functions Closely Associated with Inherently Governmental Functions

SOURCE: Federal Register, March 23, 2005, Vol. 70, No. 55, page 14572

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is adding DFARS Subpart 207.5, Inherently Governmental Functions, to implement Section 804 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), which places limitations on the award of contracts for the performance of acquisition functions closely associated with inherently governmental functions.

EDITOR'S NOTE: For more on the acquisition-related provisions of Public Law 108-375, see the October 29, 2004, FEDERAL CONTRACTS DISPATCHEnactment of the National Defense Authorization Act for Fiscal Year 2005.”

DATES: The effective date for this interim rule is March 23, 2005. Comments on the interim rule should be submitted on or before May 23, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: dfars@acq.osd.mil; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Robin Schulze, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2004-D021" when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Robin Schulze, 703-602-0326.

SUPPLEMENTARY INFORMATION: This interim rule adds DFARS Subpart 207.5 to implement Section 804 of Public Law 108-375, which places limitations on the award of contracts for performance of the acquisition functions closely associated with inherently governmental functions that are listed in paragraph (d) of Federal Acquisition Regulation (FAR) 7.503, Policy (that is, all the functions between subparagraph (d)(5), “Services that involve or relate to the evaluation of another contractor's performance,” and subparagraph (d)(19), “Contractors providing special non-law enforcement, security activities that do not directly involve criminal investigations, such as prisoner detention or transport and non-military national security details”).

DFARS Subpart 207.5 consists of two sections:

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

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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