Subpart 5337.1 – SERVICE CONTRACTS

(GENERAL)

Parent topic: Part 5337 - Service Contracting

5337.102-70 Prohibition on Contracting for Firefighting or

Security-Guard Functions

(a)(S-90) For purposes of complying with 10 U.S.C. 2465, which prohibits the DoD from “entering

into a contract for the performance of firefighting or security-guard functions at any military

installation or facility,” the term security guard functions should be understood to mean those

functions which are the responsibility of an installation commander or stand-alone military facility

commander. If there is no military commander, this prohibition shall apply to the senior DoD civilian

at the location. The prohibited security guard functions include: performing or supervising

protective services work that involves the protection of federally owned or leased buildings and

property at the installation level or at a stand-alone military facility; protecting government

equipment and material at the installation level or at a stand-alone military facility; controlling

access to federal installations by employees, visitors, residents and patients; and monitoring of

intrusion detection systems. The statutory prohibition on contracting for security guard functions in

10 U.S.C. 2465 does not apply to security support functions that a unit or organization performs as

part of security in depth at a location or area on an installation, or performs within a stand-alone

building, so long as the commander and their unit is not responsible for installation-level security or

overall security at a stand-alone military facility. Contractors performing security support functions

may not engage in any law enforcement functions, i.e., criminal investigative work, the preservation

of peace; the prevention, detection and investigation of crimes; the arrest or apprehension of

violators; and the provision of assistance to citizens in emergency situations, including the

protection of civil rights, preservation of crime scenes; issuances of citations; and arrests and

apprehensions of suspects.

5337.104 Personal Services Contracts

(b) See the tailorable Determination and Findings template.

(i) For “Operational and Enterprise Contracting,” the installation commander is authorized to

approve the D&F at DFARS 237.104(b)(i). For PEO programs and acquisitions, the PEO is authorized

to approve this D&F.

(iii)(A)(2) See MP5301.601(a)(i).

5337.106 Funding and Term of Service Contracts

See DFARS 204.7103-1 and DFARS 237.106 for guidance on considering severability when forming

Service contracts.
5337.113-1 Waiver of Cost Allowability Limitations

(a) See MP5301.601(a)(i).

5337.170-2 Approval Requirements

(a)(1) The Services Designated Official (SDO) (see DAFI 63-138, Acquisition of Services) will approve

acquisitions of services to be purchased through a contract or task order above the SAT that is not

performance based.

(i) If more than 50 percent of the requirement (contract or task order), measured in dollars, is

performance-based, the requirement can be considered a performance-based service acquisition.

(ii) Purchase requests for services acquisitions that are not performance based will include the

following statement:

“IAW 10 USC 4501 the Services Designated Official (SDO) has approved the attached Performance

Work Statement and Quality Assurance Surveillance Plan ensuring requirements are performance

based to the maximum extent practicable.”