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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 23, 2005

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

SOURCE: Federal Register, March 23, 2005, Vol. 70, No. 55, page 14576

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is amending DFARS 237.102-70, Prohibition on Contracting for Firefighting or Security-Guard Functions, to implement Section 324 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375, which conditionally extends the expiration date of DOD's authority to enter into contracts for the performance of security-guard functions at military installations or facilities to meet the increased need for such functions since September 11, 2001, from December 1, 2005, to September 30, 2006.

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.”

EFFECTIVE DATE: March 23, 2005.

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: Section 332 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314), permits DOD to enter into contracts for security-guards at a military installation or facility in response to the terrorist attacks on September 11, 2001, provided contract performance does not extend beyond December 1, 2005. DFARS 237.102-70 was amended to implement Section 332.

Section 324 of Public Law 108-375 extended DOD's authority to enter into contracts for security-guard functions at military installations or facilities through Septbember 30, 2006, provided DOD submits a report to Congress by December 1, 2005, that addresses DOD's use of this authority and includes a plan for meeting security-guard requirements on a long-term basis in a manner consistent with applicable law.

To implement Section 324, the following sentence is added to DFARS 237.102-70(d)(3): “Section 324 of Public Law 108-375 permits an extension of the period for contract performance through September 30, 2006, if DOD submits a report and plan to Congress on the use of this authority. See PGI 237.102-70(d)(3) for information on the reporting requirement."

EDITOR’S NOTE: For more on the 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." For more on the implementation of Section 332 of Public Law 107-314, see the August 21, 2003, FEDERAL CONTRACTS DISPATCHDefense Federal Acquisition Regulation Supplement (DFARS); Contractor Performance of Security-Guard Functions.”

On February 11, 2003, DOD announced plans for conducting a "major transformation" of the DFARS (see the February 11, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS) Transformation"). The objective of the DFARS transformation is to improve the efficiency and effectiveness of the acquisition process while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DOD-wide policies, delegations of Federal Acquisition Regulation (FAR) authorities, deviations from FAR requirements, and policies and procedures that have a significant effect beyond the internal operating procedures of DOD or a significant cost or administrative impact on contractors or offerors. All mandatory and non-mandatory internal DOD procedures, non-mandatory guidance, and supplemental information will be contained in the DFARS companion document, the Procedures, Guidance, and Information (PGI), which is available at http://www.acq.osd.mil/dpap/dars/pgi/index.htm.

Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.

For more on the PGI, see the November 1, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information."

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

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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