237.102-70 Prohibition on contracting for

firefighting or security-guard functions.

(a) Under 10 U.S.C. 2465, the DoD is prohibited from entering into contracts for the performance of

firefighting or security-guard functions at any military installation or facility unless—

(1) The contract is to be carried out at a location outside the United States and its outlying areas at

which members of the armed forces would have to be used for the performance of firefighting or

security-guard functions at the expense of unit readiness;

(2) The contract will be carried out on a Government-owned but privately operated installation;

(3) The contract (or renewal of a contract) is for the performance of a function under contract on

September 24, 1983; or

(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.

(b) Under Section 2907 of Pub. L. 103-160, this prohibition does not apply to services at installations

being closed (see Subpart 237.74).

(c)(1) Under section 332 of Public Law 107-314, as amended by section 333 of Public Law 109-364

and section 343 of Public Law 110-181, this prohibition does not apply to any contract that is

entered into for any increased performance of security-guard functions at a military installation or

facility undertaken in response to the terrorist attacks on the United States on September 11, 2001,

if–

(i) Without the contract, members of the Armed Forces are or would be used to perform the

increased security-guard functions;

(ii) The agency has determined that—

(A) Recruiting and training standards for the personnel who are to perform the security-guard

functions are comparable to the recruiting and training standards for DoD personnel who perform

the same security-guard functions;

(B) Contractor personnel performing such functions will be effectively supervised, reviewed, and

evaluated; and

(C) Performance of such functions will not result in a reduction in the security of the installation or

facility;

(iii) Contract performance will not extend beyond September 30, 2012; and
(iv) The total number of personnel employed to perform security-guard functions under all contracts

entered into pursuant to this authority does not exceed the following limitations:

(A) For fiscal year 2007, the total number of such personnel employed under such contracts on

October 1, 2006.

(B) For fiscal year 2008, the number equal to 90 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(C) For fiscal year 2009, the number equal to 80 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(D) For fiscal year 2010, the number equal to 70 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(E) For fiscal year 2011, the number equal to 60 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(F) For fiscal year 2012, the number equal to 50 percent of the total number of such personnel

employed under such contracts on October 1, 2006.

(2) Follow the procedures at PGI 237.102-70 (c) to ensure that the personnel limitations specified in

paragraph (c)(1)(iv) of this subsection are not exceeded.

Parent topic: 237.102 Policy.